State AG Opinions
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Can a Florida city charge its public service tax on natural gas a customer buys from a supplier outside the city limits?
No, not on these facts. The AG concluded that the public service tax in section 166.231 applies only to purchases made within the municipality, so Leesburg could not tax its charge for transporting th…
Can prosecutors use a roadside breathalyzer result to prove underage drinking, public intoxication, or alcohol use by an interdicted person?
Yes, with conditions. The statutory ban on preliminary breath test (PBT) results applies only to certain DUI prosecutions under § 18.2-267(E). For underage possession of alcohol (§ 4.1-305), possessio…
Can a Florida industrial development authority sign contracts to promote economic development without financing a project?
Yes. The AG concluded that section 159.46 gives an industrial development authority a separate statutory purpose of fostering county economic development, so it may enter contracts toward that goal ev…
Does Tennessee's lower 53-cent 911 fee for prepaid wireless apply to unlimited monthly plans, or does the full $1.00 charge apply?
The full $1.00 charge applies. The AG concluded an unlimited prepaid plan (flat monthly fee, no declining-balance feature) does not qualify as 'prepaid wireless telecommunications service' under Tenn.…
Is a Florida fire district created by county ordinance subject to the Independent Special Fire Control District Act?
No. The AG concluded that the Okaloosa Island Fire District, because it was created by county ordinance rather than by special act or general law of local application, does not meet Chapter 191's defi…
Does Florida's 20-week cap on government severance pay apply to a county port authority?
Yes. The AG concluded that the Seminole County Port Authority, a dependent special district, is a 'unit of government' under section 215.425, so employment contracts it signed after July 1, 2011 are s…
Can Tennessee pre-need funeral sellers combine their individual trusts into one statewide trust fund?
No. The AG concluded the Tennessee Prepaid Funeral Benefits Act (Tenn. Code Ann. §§ 62-5-401 to -417) requires each pre-need seller to establish its own trust fund. The Act permits a seller to maintai…
Can a Florida city buy equipment for an employee to test private technology the employee owns?
The AG's office declined to decide. It explained that whether spending city money this way serves a valid municipal purpose under Article VII, section 10 of the Florida Constitution is a factual deter…
Can a Texas county treat a rental cabin development as a subdivision?
Wilson County asked whether it could regulate, as a subdivision, the partition of land into individual cabin-rental tracts in the unincorporated part of the county (a setup in the Eagle Ford Shale whe…
Can a Virginia city's police department run an undercover business to catch cigarette traffickers, and what happens to the money the operation generates?
Yes, Hampton's police department can run a churning operation (an undercover business that 'churns' its own revenue to fund continuing investigation) under the city's general police powers in Va. Code…
Can my Tennessee employer fire me for having a legally permitted gun locked in my car in the employee parking lot?
Yes. The AG concluded 2013 Tenn. Pub. Acts ch. 16 (the 'guns-in-parking-lots' law) only decriminalizes carrying and storing firearms by permit holders in their own vehicles in public/private parking l…
What is the $20 fee for unpaid county fines on Texas vehicle registration?
The Office of Court Administration asked seven questions about how to apply Transportation Code section 502.010 after two different 2011 bills amended it, one of which simply reenacted the whole statu…
Does Tennessee's 2004 Anti-Rabies Law override Wilson County's 1980 private act that taxes domestic animals to fund the local humane association?
No. The AG concluded the Tennessee Anti-Rabies Law (Tenn. Code Ann. §§ 68-8-101 to -113) did not repeal or supersede Wilson County's 1980 Private Act 242 because the two laws serve different purposes …
If I bought a car in Virginia before July 1, 2013 but didn't title it at DMV until after, do I pay 3% or 4% sales tax?
The 3% rate applies. The Virginia motor vehicle sales and use tax is imposed at the rate in effect when the sale happens. 'Sale' is defined in Va. Code § 58.1-2401 to include 'any transfer of ownershi…
When a vacancy opens up on a three-member West Virginia county commission, who picks the replacement, must they be from the same magisterial district as the previous commissioner, and must they be from the same political party?
The remaining two commissioners select the replacement (they constitute a quorum); if they cannot agree within thirty days, the political party's county executive committee picks. The replacement must…
When a Virginia taxpayer makes a partial payment on real estate taxes that include both general taxes and special-district or CDA taxes, how should the treasurer allocate it?
The treasurer applies payments first to the most delinquent assessed taxes (oldest accounts paid before newer ones, per § 58.1-3913). When multiple taxes (general real estate, Special District, and CD…
Can a Florida county use its own crews and equipment to repair private dirt roads?
Generally no. The AG's office restated the long-standing rule that public funds, including county personnel, equipment, and materials, may be spent only on the construction, maintenance, or repair of …
Can a Virginia state board member keep voting after their term expires if no replacement has been confirmed yet?
Yes. The general common-law rule, applied consistently in Virginia, is that absent a constitutional or statutory prohibition, a public officer holds over after the conclusion of their term until a suc…
Can the state require people who record livestock abuse to turn over the videos and report to law enforcement within 48 hours, or does that violate the First Amendment?
The AG concluded HB1191 was constitutionally suspect on three First Amendment grounds (underinclusiveness, possible prior restraint if the bill required surrender of all copies, and burden on newsgath…
Can the State of Oregon use proceeds from Article XI-Q general obligation bonds to fund construction or remodeling of county courthouses?
No, not under the arrangement that existed in 2013. Article XI-Q only authorized bond financing for real property the state owns or operates, and Oregon counties (not the state) own and operate county…
Can a company that's partly owned by a Tennessee Board of Regents member bid as a subcontractor on a TBR contract?
No. The AG concluded Tenn. Code Ann. § 49-8-203(d), which makes it unlawful for any TBR board member to be financially interested in any contract or transaction affecting any institution governed by t…
How does Texas appoint and pay a temporary justice of the peace?
A county auditor asked five questions about temporary justices of the peace appointed under Government Code section 27.055. The AG concluded that a county judge may appoint only one qualified person a…
Does Texas charge interest to restore a reinstated state worker's pension credit?
The Health and Human Services Commission asked whether it may pay, or an employee must pay, interest on the money used to restore service credit in the Employees Retirement System (ERS) when a worker …
Does a Virginia sheriff have to dispose of every unclaimed body in their jurisdiction, or only the bodies that the medical examiner investigated?
Only the medical-examiner cases. Va. Code § 32.1-288 sets up the procedure for what to do with a body after the Office of the Chief Medical Examiner finishes its death investigation under Article 1 of…
Can a Virginia school superintendent refuse to give a student's records to police citing FERPA, even when officers say it's a safety emergency?
Yes. FERPA's health-and-safety exception is discretionary and the educational agency, not law enforcement, decides whether the threat is 'articulable and significant.' Section 22.1-287 likewise permit…
Can Virginia Housing Development Authority staff own rental property leased through the federal Section 8 voucher program?
No. The AG concluded that the State and Local Government Conflict of Interests Act (COIA) barred Virginia Housing Development Authority officers and employees from participating as property owners in …
Can the Tennessee legislature exempt one county from a state-wide education law by using a narrow population bracket?
No. The AG concluded Chapter 1077 of 2012, which exempted any county with a 2010 population between 183,100 and 183,200 (a bracket that fit only Williamson County) from the Move on When Ready Act's ea…
Can the Tennessee Public Guardianship Program pay bills of a deceased client and bill the estate later, and is the current bond enough to cover the program?
On bill payment after death: no. A district public guardian's authority ends at death (except for funeral arrangements), so the guardian cannot pay post-death bills even with an indemnification agreem…
What did Idaho's AG say about the 2013 minimum wage ballot initiative?
The certificate of review described the initiative's proposed schedule (raising minimum wage to $9.80/hour by 2018 with annual CPI-W adjustments after) and noted parallel federal FLSA provisions for t…
Can a county council use generic boilerplate language on every meeting agenda to reserve the right to go into executive session on any topic?
No FOIA violation was found here, but the AG warned that using generic boilerplate language listing every possible executive-session exemption on every agenda, regardless of whether the Council actual…
Does a West Virginia county commission have to fund a sanitarian at the local health department, what minimum funding does it owe the health department, and can it skip publishing legal notices in one of two same-owner newspapers that are listed as opposite-politics papers?
The AG concluded: (1) state law requires a county commission to provide 'financial support' to a local health board it created, but does not require funding for any specific position like a sanitarian…
Can a town board member also work as a paid employee of the town housing authority that the town board oversees?
No. The AG concluded the two positions are legally incompatible. Because the town board appoints, removes, and approves compensation for the housing authority board, a town board member who is simulta…
Can the state convict someone of continuously sexually abusing a child even if the jury can't agree on which specific incidents happened?
Mostly yes. The AG concluded HB1293's proposed offense of continuous sexual abuse of a child was defensible on jury unanimity grounds because the offense is a continuing course of conduct (jurors need…
Could Texas cities and school districts offer domestic partnership benefits to employees?
Senator Dan Patrick asked whether article I, section 32 of the Texas Constitution stopped Texas cities, counties, and school districts from offering domestic partnership benefits to their employees. T…
Can a Texas county auditor inspect inmates' property held in the county jail?
The Tarrant County district attorney asked whether the county auditor could examine inmates' noncash property held at the county jail to verify the property receipts, after the sheriff refused on the …
If an LEA's enrollment drops mid-year, does it still have to pass full per-pupil funding to charter schools whose enrollment grew?
Yes. The AG concluded an LEA must pass through funds on a per-pupil basis to charter schools within the LEA based on the students attending the charter schools during the current year, even if the LEA…
Can the state bar insurance companies from giving discounts based on group membership or employer affiliation?
Yes. The AG concluded Tenn. Code Ann. § 56-8-104(18), which prohibits insurance companies from offering insurance discounts or other preferences based on a person's affiliation with or employment by a…
Can Tennessee give state gasoline tax revenue to a private property owners association to maintain private roads that the public uses?
Yes. The AG concluded that allocating part of the state gasoline tax to a private property owners association for maintaining privately-owned roads that are open to public travel would be a constituti…
Can a Texas commissioners court change the weekday it holds its regular monthly meetings?
A county district attorney asked whether a commissioners court could change the day of the week it convenes for its regular monthly term during the current fiscal year, after it had already designated…
Is it constitutional for a Texas judge to shorten a state jail sentence for program participation?
A district attorney asked whether article 42.12, section 15(h)(6) of the Code of Criminal Procedure, which lets a judge shorten the time a defendant must serve in a state jail felony facility by up to…
Can a Virginia circuit court appoint a guardian ad litem to represent minor children in a workers' compensation case pending before the Virginia Workers' Compensation Commission?
Yes. The Virginia Workers' Compensation Commission cannot appoint a guardian ad litem itself, and the general guardian-ad-litem statute (§ 8.01-9) does not literally cover minor claimants (as opposed …
What was the Florida Water and Land Conservation ballot amendment, and how was it reviewed?
This is the Attorney General's petition asking the Florida Supreme Court to review a proposed constitutional amendment, the Water and Land Conservation initiative, which would dedicate at least 33 per…
When a city's planning commission also serves as the regional planning commission for the city's urban growth area, can it require developers in that area to post performance bonds and submit to city inspection?
Yes. The AG concluded a municipal planning commission acting as a regional planning commission for territory within its urban growth boundaries has the regional commission's full subdivision authority…
If a Minnesota township acquires a residentially-restricted lot from the state through tax forfeiture, can the township override the restriction and use the lot as a public park?
No. The AG concluded that under Minn. Stat. § 282.01, subd. 6, the state's conveyance of tax-forfeited land is 'subject to easements and restrictions of record' as of the tax judgment sale date, and a…
Can a Florida police officer temporarily fill in as acting city manager?
No, not when the city manager position is itself an 'office.' The AG concluded that the constitutional ban on dual office-holding in Article II, section 5(a) applies even to a short, unpaid, temporary…
What does Delaware AG Opinion 2013-04-17-in-re-b-j-alan-company-an-ohio (In Re: B.J. Alan Company, an Ohio corporation.) say?
STATE OF DELAWARE DEPARTMENT OF JUSTICE DIVISION OF CONSUMER PROTECTION In Re: B.J. Alan Company, an Ohio corporation. CEASE AND DESIST ORDER PURSUANT TO AN AGREEMENT This Cease and Desist Agreement O…
What does Delaware AG Opinion 2013-04-17-cesise-and-desist-order-in-re- (Cesise and Desist Order – In Re: William Costigan) say?
STATE OF DELAWARE DEPARTMENT OF JUSTICE DIVISION OF CONSUMER PROTECTION In Re: William Costigan CEASE AND DESIST ORDER PURSUANT TO AN AGREEMENT This Cease and Desist Agreement Order Pursuant to an Agr…
Does the Texas Open Meetings Act apply to a legislative advisory commission?
A state representative who chaired the Partnership Advisory Commission asked whether the commission, which reviews public-private partnership proposals and makes recommendations, was subject to the Te…
Does Texas require competitive bidding for Permanent School Fund investments?
The chair of the State Board of Education asked whether the board must use the competitive bidding process in the State Purchasing and General Services Act for three kinds of Permanent School Fund act…
Can a Virginia city council appoint its own mayor or council members to the Fort Monroe Authority Board of Trustees?
No. Article VII, § 6 of the Virginia Constitution and Va. Code § 15.2-1535 prohibit a governing body from appointing its own members to other 'offices' the body fills, unless general law provides an e…
If a union publishes a member's Social Security number, can the member sue under Virginia's identity-protection statute, or does federal labor law preempt the claim?
Virginia courts could not be expected to follow the North Carolina decision in Fisher in every scenario. Strong arguments support the conclusion that Va. Code § 59.1-443.2(A)(1), which bans the intent…
Can Virginia's wildlife agency prohibit the use of dogs when it issues a bear kill permit to protect farm property?
No. Once the Virginia Department of Game and Inland Fisheries issues a bear kill permit under § 29.1-529 to address property damage, the AG concluded the Director cannot restrict the permit to prohibi…
Can a Virginia city require contractors to hire local residents for city construction projects?
No. The AG concluded that under Dillon Rule principles and the Virginia Public Procurement Act, the City of Hampton lacked authority either to give bid preference to contractors who would hire Hampton…
Can Virginia's Criminal Injuries Compensation Fund be used to buy a new office building for the Workers' Compensation Commission?
No. The AG concluded the Workers' Compensation Commission could not use Criminal Injuries Compensation Fund money to buy a new headquarters building. Future legislation could authorize that use, and a…
Did Maine's 2013 AG opinion approve the legality of LD 239, the bill that would have raised state revenue from liquor sales to pay back Maine's debt to its hospitals?
The AG did not approve or reject the bill on policy grounds. As originally drafted, LD 239 raised two constitutional concerns: Art. V, Pt. Third, Section 5 bars using bond-sale proceeds to fund curren…
How can citizens remove an elected county property assessor for misconduct in Tennessee?
The AG identified two pathways: an ouster proceeding under Tenn. Code Ann. §§ 8-47-101 to -127 (which a group of 10 or more citizens and freeholders can initiate without needing the cooperation of sta…
When a Virginia town gives a traffic ticket under its own ordinance, does the fine go to the town, or to the state Literary Fund? And should the town's fines be lumped in with the county's for the 50% rule?
Fines collected for violations of local traffic ordinances enacted under § 46.2-1313 are NOT 'fines collected for offenses against the Commonwealth' under Article VIII, § 8. They are revenue of the lo…
Can a Texas district attorney keep a commission on bond forfeiture money?
A district attorney asked whether he could retain a commission on money his office collects in bond forfeiture cases under Government Code section 41.005, whether the commissioners court must approve …
Can a Connecticut fair rent commission review fees beyond base rent, like a monthly oil spill insurance charge a landlord adds to a lease?
Yes. The AG read 'rental charges' in Conn. Gen. Stat. § 7-148b to cover all periodic payments a lease requires for use or occupancy of the property, so a fair rent commission has jurisdiction over add…
Can a public records requester plug in their own hard drive to copy a Florida agency's database directly?
No. The AG concluded that the Village of Palmetto Bay does not have to let a requester copy its database directly onto the requester's own hard drive, because doing so would expose exempt and confiden…
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