State AG Opinions
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Does a Virginia city need a three-fourths City Council vote to swap a perpetual easement on city land for a bigger one on an adjacent parcel?
Yes. A property exchange that releases and relocates a perpetual easement held by the City of Lexington is a 'sale' for purposes of Article VII, § 9 of the Virginia Constitution and Va. Code § 15.2-21…
If an elderly Virginia homeowner rolls a retirement distribution into another retirement account, does that money count as income for their property tax relief?
No. If money is distributed from one retirement account and rolled into another retirement account, or into an investment account the taxpayer treats as a retirement account, the rollover is not count…
Does Florida's Sunshine Law require county orientation sessions for value adjustment board special magistrates to be open to the public?
The AG concluded that section 286.011, the Sunshine Law, did not apply to orientation sessions that counties hold for the special magistrates who hear value adjustment board petitions, because those s…
Can a Florida general magistrate also serve as a civil traffic infraction hearing officer without breaking the dual office-holding ban?
In informal comments, the AG's office indicated there is likely no dual office-holding violation. Both a general magistrate and a civil traffic infraction hearing officer are 'offices' under Article I…
Does federal law preempt Texas rules on air ambulance subscription programs?
Yes, as to price, the Attorney General concluded. The federal Airline Deregulation Act bars states from enforcing any law related to the price, route, or service of an air carrier. A Texas EMS subscri…
What is the fine for a motorcycle or moped wheelie or a flipped-up license tag in Florida?
The AG concluded that Chapter 2008-117, Laws of Florida, authorizes a $1,000 fine for failing to keep both wheels of a motorcycle or moped on the ground and for failing to keep the license tag permane…
Can the same person sit on a Florida county's growth-management commission and hold another state, county, or city office at the same time?
The AG concluded that seats on the Volusia Growth Management Commission are county offices, because the commission is a dependent special district created by county charter and funded by the county. T…
Can a Florida court clerk charge the $295 civil filing fee on a counterpetition?
The AG concluded that section 28.241(1)(c) did not authorize the clerk to collect the $295 filing fee on counterpetitions. That subsection imposes the fee on a party who files a pleading for affirmati…
Is a private nonprofit volunteer fire department that contracts with a county a 'state actor' that must respect free-speech rights?
The AG's office gave informal comments only, explaining that whether a private nonprofit providing county fire protection is a 'state actor,' and whether its political rally is 'state action,' are mix…
Does a Maine county commissioner automatically vacate her seat by selling her home in her electoral district and moving to a different district within the same county?
Yes, in the AG's view. AG Steven Rowe concluded that a court would likely hold that a county commissioner who sells her home in her electoral district and buys a home outside it has changed her voting…
Can an Oregon city or county pay for roads or sewers with new lodging-tax money by calling them "tourism-related facilities"?
Only sometimes. AG Hardy Myers concluded that local roads, sewers, sewer plants, and transportation facilities qualify as "tourism-related facilities" under ORS 320.350(5)(a) only if they draw tourist…
Is Maryland's old law making it a crime to be paid for joining a 'racial demonstration' still valid?
No. The Attorney General concluded that a court would likely hold Article 49B, § 6, a 1964 statute making it a crime to receive any remuneration for participating in a 'racial demonstration,' unconsti…
Can a Virginia city or county pass a local ordinance that overrides state or federal law, for example one that bans uranium mining or strips corporations of their state-law rights?
No. Under the Dillon Rule and Va. Code § 1-248, a Virginia locality may not enact an ordinance that preempts, nullifies, or conflicts with state or federal law. Where the state has 'occupied the field…
Can a Texas county set up its own electronic monitoring program for house arrest?
No, the Attorney General concluded. A county commissioners court has no express or implied authority under Code of Criminal Procedure article 42.035 to establish an electronic monitoring program separ…
Can county hotel occupancy tax money pay for key-man insurance as an administrative cost?
The Attorney General did not decide this as a matter of law. Tax Code section 352.1015(c) lets a county spend hotel occupancy tax revenue on administrative costs only if those costs are incurred direc…
When a New York Board of Assessment Review term ran October 1, 2007 to September 30, 2012 but the seat sat vacant past October 2007, can a December 2007 appointee fill the slot for the rest of the statutory term, or does the appointment have to start a fresh five-year clock?
Valid. The previous member held over after September 30, 2007 under Public Officers Law § 5 until the City Council appointed a successor in December 2007. Public Officers Law § 38 then put the success…
Does the sheriff of an Oregon home rule county have to meet the state statutory qualifications for sheriff, including DPSST police certification?
Yes. AG Hardy Myers reconsidered a 1980 AG opinion and concluded that the sheriff of Multnomah County (and any other home rule county) must satisfy the qualifications set out in ORS 206.015, including…
Are the names and addresses of government employees covered by a public group health plan public records in Florida?
In informal comments, the AG's office concluded that Florida's exemptions clearly protect the medical condition information of employees and dependents in a public group insurance plan (sections 112.0…
Does a Texas county appraisal district office have to be located in its own county?
Yes, the Attorney General concluded. Tax Code section 6.05 requires an appraisal district's office to be located in the county for which the district is established. There are two exceptions: the dist…
Can a Texas state licensing agency see criminal records that are sealed by a nondisclosure order?
No, the Attorney General concluded (presuming the agency is not a criminal justice agency). Government Code section 411.081(d) lets someone who completed deferred adjudication get a court order sealin…
What gifts can a Texas state board member take from companies that might win a state contract?
The Attorney General read Government Code section 2054.022(a)(7) to bar a board member or the executive director of the Department of Information Resources from accepting money or anything of value, b…
Does New York's public trust doctrine require special state legislation when a county transfers parkland to a town if the land will keep being used as a park and all county residents will keep their access?
The AG could not confidently conclude that legislative approval is unnecessary. New York's public trust doctrine vests ultimate control of parkland in the State Legislature, and prior AG and Comptroll…
Does the rule that no one may interfere with a Florida building official stop other government staff from reviewing permits?
In informal comments, the AG's office explained that section 468.604(1)'s command that a building code administrator or official perform their duties 'without interference from any person' is not limi…
Does Florida's public-records exemption for police officers' personal information stop a private company like Intelius from publishing it?
In informal comments, the AG's office corrected a police chief's assertion that disclosing an officer's identity is illegal. Section 119.071(4)(d) exempts the home addresses, phone numbers, Social Sec…
Does a school district pre-K class run with a Head Start agency need a Texas child-care license?
The Attorney General did not give a yes-or-no answer. A child-care facility generally needs a license, but an accredited educational facility that 'operates' a pre-kindergarten program primarily for e…
Can someone who is both a state retiree and an active state employee get two state benefit contributions?
No, and the Attorney General explained why. An individual who receives a state contribution as an annuitant (retiree) under the group benefits plan created by chapter 1601 of the Insurance Code may no…
Does the federal Guarantee Clause obligate Oregon to maintain a republican form of government, and is the obligation enforceable on individual state officials even though courts rarely entertain Guarantee Clause claims?
Yes to both. AG Hardy Myers concluded that the Guarantee Clause imposes a binding constitutional obligation on every Oregon official, and the absence of a robust Supreme Court doctrine enforcing it do…
Which disabled-veteran property tax exemption applies in Texas, the constitution's or the Tax Code's?
The Attorney General concluded that tax appraisal districts must use the disability-rating schedule and maximum exemption amounts in Texas Constitution article VIII, section 2(b), not the ones in Tax …
Can a Texas lottery vending machine scan your driver's license to check your age?
Yes, the Attorney General concluded. Transportation Code section 521.126 generally makes it an offense to access or use the electronically readable information on a driver's license, but it has an exc…
Are juvenile probation and parole officers in Virginia treated as law-enforcement officers for the enhanced VaLORS retirement plan?
No. Juvenile probation and parole officers described in Va. Code § 16.1-237 are not 'law-enforcement officers' for purposes of the Virginia Law Officers' Retirement System (VaLORS). The Retirement Sys…
Whose opinion controls the term of an elected Florida school superintendent, the Attorney General or the Division of Elections?
The Attorney General's office declined to opine on the term of Lake County's elected superintendent. The question fell within the statutory jurisdiction of the Division of Elections, which had already…
Can a Florida school board keep insuring former employees who don't meet the statute's definition of a retiree?
The AG concluded that section 112.0801 did not stop the Osceola County School Board from continuing to offer health insurance to former employees who left before 2007 and began participating then, eve…
Can a Florida city reserve a public softball field for women's teams only?
The AG concluded that the Florida Civil Rights Act (Chapter 760) would bar the Village of Palmetto Bay from making a municipal softball field exclusively available to female athletes, because that wou…
Can a Virginia public college deny student organizations access to facilities or activity-fee funding because of their viewpoint?
No on viewpoint grounds. Public colleges in Virginia may set reasonable conduct standards and time, place, and manner rules for student organizations, but recognition, facility access, and activity-fe…
Does a Texas health plan have to cover as many mental-health outpatient visits as physical ones?
Yes, the Attorney General concluded. Insurance Code section 1355.004(a)(1)(B) sets a floor: a covered group health benefit plan must provide at least 60 outpatient visits per year for serious mental i…
Did Virginia require overseas military voters to include a witness's printed name and address on a Federal Write-In Absentee Ballot in 2008?
The opinion concluded that Virginia law did not require an overseas military voter submitting a standard Virginia absentee ballot to include the printed name and address of the witness who signed the …
Could a 2008 Idaho ballot initiative require all debts, fines, taxes, and contracts to be paid only in gold or silver coin?
No. The AG concluded the 'Jubilee Initiative' was preempted by federal law. Article I, § 8 of the U.S. Constitution gives Congress, not the states, the exclusive power to determine what is legal tende…
Can a Texas government agency release a vehicle's VIN under the open records law?
Yes, if the VIN stands alone. The Attorney General concluded that Government Code section 552.130, the Public Information Act exception covering driver's licenses, vehicle titles and registrations, an…
Does 'contiguous' in New York's police-officer residency statute mean a county that physically shares a border, or just a county that is close by? Can a Syracuse police officer live in Oneida County?
Contiguous means sharing a border or touching, not just nearby. Public Officers Law § 3(2) lets a city police officer live in the city's county, an adjacent county, an adjacent county to a county adja…
Does a Florida city have to pay a city commissioner's attorney fees after he is found guilty of an ethics violation?
Not based on this opinion. Florida's common-law rule lets public officials get publicly funded legal defense against official-duty misconduct charges, but only when that defense succeeds. Because this…
Do Florida schools have to run background screening on utility company employees who need access to school grounds for repairs?
Yes, based on this opinion. A utility company employee who has access to school grounds and performs services under a paid contract with the school district was treated as a noninstructional contracto…
Did a Virginia Commonwealth's attorney have to ask a circuit court's permission to stop handling an appealed misdemeanor case?
The opinion concluded that once a Commonwealth's attorney became 'counsel of record' by appearing in a particular court, Rules 1:5 and 1:13 of the Rules of the Supreme Court of Virginia applied to him…
Could a Virginia county let landowners pull their land back out of a community development authority after it was created?
The opinion concluded that a Virginia county could not enact an ordinance creating a community development authority that permitted landowners to later release or withdraw their land from the authorit…
Could the Virginia State Bar or private attorneys in 2008 pass credit card processing fees on to lawyers or clients?
The opinion concluded that neither Virginia nor federal law prohibited the Virginia State Bar or private attorneys from passing merchant credit card transaction fees through to attorney-licensees or c…
Can a Texas navigation district regulate and permit waterfront structures within its boundaries?
Yes, within its statutory scope. The Attorney General concluded the Cedar Bayou Navigation District has express authority, under its enabling act and Water Code section 63.153, to regulate structures …
Can a Texas county hire a company owned by one of its county commissioners?
It is not automatically barred. The Attorney General explained that Local Government Code section 81.002(a), the commissioners' oath, generally prohibits a county judge or commissioner from being dire…
Can a Florida homeowners association developer assign its development rights to another developer, and what happens to developer rights when control transfers to homeowners?
The opinion found that Chapter 720 does not address whether a developer can assign its development rights to another developer. It did note that when control of a homeowners' association transfers awa…
Could county real-estate assessment employees placed under a Virginia commissioner of revenue be sworn in as deputy commissioners?
Yes. The Attorney General concluded that real-estate assessment employees placed under the commissioner of revenue's supervision by board resolution effectively operated as the commissioner's employee…
What counts as 'owning a business' for someone appointed as a citizen member of a Florida Value Adjustment Board?
The opinion concluded that owning a business under section 194.015 meant owning a genuine commercial enterprise, occupation, profession, or trade with a physical presence in commercial space within th…
Can a county attorney who represents another taxing authority also represent that county's Value Adjustment Board?
No, based on this opinion. Once section 194.015, Florida Statutes, was amended in 2008 to require Value Adjustment Boards to hire private counsel, that counsel could not also represent the property ap…
Could Charlotte Court House appoint a town sergeant and contract with Drakes Branch for that officer's police services?
Yes. The Attorney General concluded that Charlotte Court House could appoint a town sergeant and other necessary officers under its charter. It could also enter a reciprocal police-services agreement …
Could Drakes Branch appoint a town sergeant under its amended charter and share that officer with Charlotte Court House?
Yes. The Attorney General concluded that the Drakes Branch charter let its council appoint a town sergeant when it considered the office proper and necessary. The two towns could also contract recipro…
Are Texas civil-service laws that apply only to cities over 1.5 million (Houston) unconstitutional?
The Attorney General declined to say so as a matter of law. Two Local Government Code sections, 143.088 (a ban on paying for someone to retire or resign from a civil service job) and 143.1041 (limitin…
Does the open-records 'radio station' exception cover a ham radio license holder in Texas?
Yes, the Attorney General concluded, based on the statute's plain language. Government Code section 552.275 lets a governmental body cap the time it must spend producing records for frequent requestor…
Do vague agenda labels like 'City Manager's Report' satisfy the Texas Open Meetings Act?
No, the Attorney General concluded for the labels in question. Under the Open Meetings Act, a meeting notice must give the date, hour, place, and subject of the meeting, and the subject must be descri…
Can a Texas county bail bond board discipline a surety over an out-of-county bond?
Yes, the Attorney General concluded. A county bail bond board may revoke or suspend the license of a surety it licensed if the surety violates Occupations Code chapter 1704 or a board rule on a bond e…
Does Georgia's 'doggy bag' wine law jeopardize $27 million in federal highway funding under the federal open container law?
No. The Attorney General read Georgia's open container statute (O.C.G.A. § 40-6-253) together with the new resealed-wine statute (O.C.G.A. § 3-6-4) to require that resealed bottles be transported in a…
Could Virginia's Department of Conservation and Recreation ban the open carrying of firearms in state parks under its general park-management authority?
No broader ban. The Attorney General concluded that the Department of Conservation and Recreation could restrict open carry in state parks only to the extent authorized by law and found no authority f…
Could the Maliseet tribal court hear Maliseet child welfare cases under the 2002 Intergovernmental Agreement between the Houlton Band and the State of Maine?
No. The AG concluded the Intergovernmental Agreement only authorized transfer of Maliseet child welfare cases to the Penobscot or Passamaquoddy tribal courts, and the Maliseet tribal court could not e…
Did Florida police have to give a victim-rights brochure after every crime, including minor property crimes?
Yes. The AG concluded that police had to provide a victim-rights information card or brochure to every crime victim, without limiting the duty by the type of crime or whether the victim suffered physi…
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