State AG Opinions
Free state attorney general opinions with plain-English summaries, full citations, and the original source on every page.
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Do Florida's state data center boards have to file minority-representation reports for their appointments?
Yes, for the trustee they appoint. The Attorney General concluded that the boards of trustees of the Northwood and Southwood Shared Resource Centers are the 'appointing authority' for the at-large mem…
Can a Virginian convicted of perjury serve on a jury after the governor restores his political rights, despite § 18.2-434 saying perjurers are 'forever' barred?
Yes. Although Va. Code § 18.2-434 says a perjurer is 'forever' barred from jury service, the governor's constitutional power to remove political disabilities (Va. Const. art. V, § 12) overrides that s…
Can someone convicted of perjury hold elected office in Virginia after the governor restores their political rights?
Yes. Even though § 18.2-434 says a perjury conviction makes a person 'forever incapable' of holding office, the Virginia Constitution makes voting eligibility the sole qualification for office. When t…
Is a Florida airport authority an 'economic development agency' that can keep business records confidential?
No. The Attorney General concluded that the St. Augustine - St. Johns County Airport Authority is not an 'economic development agency' as defined in section 288.075, Florida Statutes, so it cannot use…
Can one person serve on both a city housing authority and a county housing finance authority in Florida?
No. The Attorney General concluded that serving at the same time on the West Palm Beach Housing Authority and the Housing Finance Authority of Palm Beach County would violate Florida's constitutional …
Is it a conflict of interest if a Tennessee school board member's family electrical company gets the subcontract on a school remodel?
Probably not, on these facts. The AG concluded that a school board member whose family electrical company is awarded a subcontract on a school remodel (or no-bid minor repairs) probably does not viola…
Can a judge or police officer who keeps their home address off their license still get a homestead tax exemption in Texas?
A state senator asked how to resolve an apparent conflict: Transportation Code sections 521.121(c) and 521.1211(b) let judges, their spouses, and peace officers leave their residence address off their…
What does Delaware AG Opinion 2012-11-09-bidens-office-to-host-housing- (Biden’s Office to Host Housing Workshops with Mortgage Lenders November 14 and 15) say?
Wilmington – Attorney General Beau Biden announced today that several of the nation’s largest mortgage lenders will participate in workshops his office is organizing next week to help Delawareans at r…
Can a Virginia locality require stricter rules for alternative septic systems than the Virginia Department of Health does, where public sewer isn't available?
No. Where (i) no sewer is available and (ii) VDH has approved the alternative system for those conditions, § 15.2-2157(C) bars a locality from imposing additional or stricter standards that would effe…
What does Delaware AG Opinion 2012-11-07-superior-court-sides-with-atto (Superior Court Sides With Attorney General’s Office In Freedom of Information Suit) say?
Dover – Attorney General Beau Biden announced today that a Superior Court judge has granted his office’s demands that the Camden-Wyoming Sewer and Water Authority release records under the state’s Fre…
Is there a deadline for asking Delaware's Attorney General to investigate an old open-meetings complaint?
Yes, in practice, under the law as it stood in 2012. The AG dismissed a resident's FOIA petition over a 2010 wind turbine agreement as untimely because it was filed more than two years after the meeti…
Does a county owe penalties and interest on unpaid property taxes for land it bought for public use?
The Webb County Attorney asked whether a taxing authority could charge, and the county had to pay, penalties and interest on unpaid ad valorem (property) taxes for the year a county bought several pro…
Can my employer stop me from keeping a gun locked in my car in the work parking lot in Texas?
A state senator asked several questions about Labor Code section 52.061, the 2011 'parking lot' law that bars an employer from prohibiting a licensed employee from transporting or storing a firearm in…
Which county officers can a Tennessee charter county like Knox County make appointed instead of elected, and vice versa?
Mixed. A Tennessee charter county like Knox County may eliminate the constitutional county officers (clerk, register, trustee, assessor) entirely under Jordan v. Knox County, but if it keeps any of th…
Should the Connecticut Retirement Services Division use its longstanding pre-2011 interpretation of CMERS disability retirement and return-to-work rules, or the stricter 2011 reinterpretation?
The Connecticut AG advised the Retirement Services Division to return to its long-standing pre-2011 interpretation of CMERS disability retirement and return-to-work rules. Neither interpretation was c…
Is Tennessee's law capping green-energy facility property at 0.5% of cost for tax purposes constitutional?
Doubtful. The AG concluded that Tenn. Code Ann. § 67-5-604(d), which caps the value of machinery and equipment in certified green energy production facilities at 0.5% of acquisition cost for property …
Do Virginia clerks have to collect recordation taxes when Fannie Mae or Freddie Mac is the grantor or grantee on a deed?
No. Their federal charters exempt Fannie Mae, Freddie Mac, and the FHFA from 'all taxation' by state and local governments except for direct real property tax. Virginia's recordation tax is a tax on t…
When a Tennessee pawnbroker buys gold or jewelry outright (no pawn loan), does the Scrap Jewelry Dealers Act also apply?
Yes. The AG concluded a licensed Tennessee pawnbroker who buys antique, used, or scrap jewelry or precious metals outright for resale (not as a pawn loan) is acting as a scrap jewelry/precious metals …
Can a Tennessee school board quietly extend the superintendent's contract without 15 days advance notice?
No. The AG concluded a Tennessee school board cannot legally extend the contract of its director of schools without giving the public notice required by Tenn. Code Ann. § 49-2-203(a)(14)(C): at least …
Would a Tennessee bill joining an interstate health-care compact be constitutional?
Yes, facially. The AG concluded that 2012 HB 0369/SB 0326, proposing to make Tennessee a party to an interstate health-care compact that would shift health-care regulation from the federal government …
Where do I register if I buy gold jewelry for resale in Tennessee, the state Department of Commerce or local police?
No. Buyers of used jewelry and precious metals for resale don't register with the Tennessee Department of Commerce and Insurance as 'scrap metal dealers' under Tenn. Code Ann. §§ 62-9-101 to -113. The…
When a Wyoming county commission and a county assessor want a private tax attorney to work on a proposed lease that the county attorney has already opined on, who can hire that attorney, who can pay, and is the resulting legal advice a public record?
Attorney General Gregory Phillips concluded that a county commission can hire private counsel to assist the county attorney in any 'civil proceeding' under Wyo. Stat. Ann. § 18-3-302(c), even over the…
Does Tennessee count construction and demolition waste as municipal solid waste for landfill fee purposes?
Yes. The AG concluded that the broad statutory definition of 'municipal solid waste' in Tenn. Code Ann. § 68-211-802(a)(10) covers 'construction/demolition wastes' defined in Tenn. Comp. R. & Regs. 04…
Is Space Florida a political subdivision of the state for federal drone (UAS) test-site purposes?
Yes. The Attorney General's office affirmed that Space Florida is an independent special district and a political subdivision of the State of Florida, created by the Space Florida Act (Part II, Chapte…
Are Tennessee municipal stormwater fees required by federal law, and do they count as unfunded federal mandates?
The Clean Water Act doesn't spell out stormwater fees, but it does require municipalities running storm sewer systems to get NPDES permits, and Tennessee's statutes (Tenn. Code Ann. §§ 68-221-1101 to …
Would Tennessee SB 2835 making open-adoption visitation agreements enforceable cause inheritance, support, or constitutional problems?
No on all four. The AG concluded that SB 2835, which would have made open-adoption visitation agreements judicially enforceable and allowed adult adoptees in some divorce situations to restore a decea…
Can Tennessee cap how many foreign-worker visa holders a charter school employs?
Likely no. The AG concluded that Chapter 879's 3.5% cap on non-immigrant H-1B and J-1 visa workers at charter schools was constitutionally suspect under the Equal Protection Clause and the Supremacy C…
Do inmate phone commission funds belong to the Virginia sheriff's office or to the locality's general fund?
The locality's. Section 53.1-127.1 directs commissary profits to inmate benefit but treats phone-service funds as 'public funds' without earmarking them. Without an agreement, those funds go to the ci…
Can Virginia cities, counties, and school boards pool together to run a single self-funded employee health insurance trust?
Yes. Under the Joint Powers Act, any power a political subdivision can exercise alone, it can exercise jointly with another. Localities can set up health insurance under § 15.2-1517 and school boards …
Can Hamilton County, Tennessee allow distilleries by county commission resolution, or does it need a referendum?
No. Tenn. Code Ann. § 57-2-103(d) lets some Tennessee counties authorize distilleries by county commission resolution, but only counties in specific population brackets (or in the Tennessee River reso…
Can a Tennessee city require its employees to live in the city, give local contractors preference, or use race-based contracting?
Local governments may constitutionally require employees to live in the jurisdiction (rational basis); the General Assembly may also constitutionally prohibit such residency rules. Resident-contractor…
Can an Arizona school district run its own preschool for children without disabilities, or does it have to contract with an outside child care provider?
Yes. The AG concluded that Arizona school districts may directly provide educational preschool programs to children without disabilities using federal grants, donations, gifts, or community school pro…
Who has authority under Virginia's Public-Private Transportation Act to evaluate proposals for a private concession to operate the Port of Virginia?
The Virginia Port Authority. The General Assembly gave the VPA, alone, the power to develop and operate Port facilities. The VPA is the 'responsible public entity' under the PPTA. The Secretary of Tra…
What did Idaho's AG flag about the 2012 medical marijuana ballot initiative before it could go on the ballot?
The AG identified federal preemption (Controlled Substances Act, FHA, ADA, and Rehabilitation Act exclusions), a possible single-subject problem under Idaho Const. art. III sec. 16, internal cross-ref…
Can a Virginia county redirect leftover general obligation bond money from a completed project to a different voter-approved project?
Not unless the bond resolution and referendum question that voters approved said the proceeds could be applied to that other project. If the ballot listed each project with its own dollar amount and n…
Does a Tennessee medical spa worker need a separate aesthetics license to provide facials and skincare under a doctor's supervision?
Yes if three conditions are met: (1) the aesthetics service falls within a recognized medical practice, (2) the person is licensed for that medical practice, and (3) the person is acting in his or her…
Is Tennessee's $115 handgun carry permit fee, or the fine for carrying without one, an unconstitutional burden on the right to bear arms?
No. A permit fee that defrays administrative costs of regulating a constitutional right is permissible (Cox v. New Hampshire), and the AG cited federal cases upholding handgun-permit fees up to $340. …
Can a bail bond board take away an attorney's right to write bail bonds over a felony conviction in Texas?
The Attorney General concluded that a county bail bond board may suspend or revoke an attorney's authority to write bail bonds based on a felony conviction only when the felony grew out of conduct inv…
When does a state agency's demand to repay grant money count as a debt to the state in Texas?
The Attorney General concluded that a state agency's demand letter seeking repayment of grant funds, based on an unadjudicated claim that the grantee breached the contract, does not by itself create a…
Can a Texas veteran use the Hazlewood Act tuition exemption without first using up their Post-9/11 GI Bill benefits?
The Attorney General concluded that the Texas Higher Education Coordinating Board had authority to adopt a rule that would let a veteran who qualifies for the state Hazlewood Act tuition exemption cla…
Does a Tennessee non-violent expungement under the 2012 law cost $350 or $450 in court fees?
$350. The fee for filing an expungement petition under 2012 Tenn. Pub. Acts ch. 1103 is $350; the $100 expungement fee in Tenn. Code Ann. § 8-21-401 does not apply on top. The specific Chapter 1103 fe…
Can a Tennessee sheriff make a city police department keep transporting a mentally-ill detainee, and who pays for it?
A Tennessee sheriff may designate a municipal law enforcement agency as a secondary transportation agent for mentally ill or seriously emotionally disturbed persons under Tenn. Code Ann. § 33-6-901, a…
Can a Florida water management district adopt a local-preference policy favoring businesses inside the district?
No, not on its own. The Attorney General concluded that the Suwannee River Water Management District is limited to the procurement procedures set out in the statutes and has no authority to adopt a po…
Can a Florida county spend public funds and enter private property to fix storm damage during an emergency?
Yes, but only under a declared local emergency, and the county should get the owner's consent before entering. The Attorney General concluded that the State Emergency Management Act lets a county dedi…
Can a Florida county require neighboring landowners to consent before accepting a rezoning application?
No. The Attorney General concluded that nothing in the Community Planning Act, the common law, or other statutory law authorizes a county to condition acceptance of a rezoning application on the conse…
Can a city audit committee retroactively ratify a defective request for proposals issued by a staff officer?
No. The Attorney General concluded that an audit committee's statutory duty to create the request for proposals for a local government's financial audit cannot be delegated to a finance officer, and t…
Can a Florida school district pass a new 2-year millage referendum without voiding a 4-year millage voters already approved?
Yes. The Florida AG read the two subsections of section 1011.73 as operating independently, so a school district could ask voters to approve a 2-year millage increase under subsection (1) without canc…
Does a Florida no-contest plea to misdemeanor domestic violence with adjudication withheld bar owning a gun?
No. The Attorney General concluded that under Florida law a plea of nolo contendere (no contest) to a misdemeanor domestic violence charge, with adjudication of guilt withheld and probation imposed, i…
What protection do unpaid Tennessee emergency-management volunteers have if they're hurt on the job?
Unpaid TEMA volunteers cannot get workers' compensation from the State and must rely on general tort law for injuries sustained on duty; they do receive the same tort immunity as state employees under…
What counts as 'valuable consideration' under Florida's ban on paying for the privilege of towing cars from private property?
The AG explained that 'valuable consideration' in Florida's towing statute means something that confers a measurable pecuniary benefit, not just money. Whether any particular arrangement crosses that …
Can San Antonio and VIA spend transit sales tax on a streetcar if voters were told the money would not fund light rail?
The Attorney General declined to decide whether preelection statements, including a VIA election brochure and a reported VIA board resolution saying advanced transportation district (ATD) sales tax wo…
Can a prosecutor charge someone with murder years later if the victim dies long after the original assault?
The Montgomery County Attorney asked whether an adult could be prosecuted for murder over a 1998 assault he committed at age 13, where the victim did not die until 2011, and whether doing so would vio…
If a Virginia coal hauler has the right permit and the load fits within the bed, can it skip the scales and avoid weight enforcement?
No. Section 46.2-1143 lets a permitted six-axle coal hauler carry up to 110,000 pounds gross, but no more. The statute doesn't exempt anyone from being weighed, and the 'load below the bed line' rule …
Can a corporation that keeps only a registered office in Virginia serve as a deed-of-trust trustee, or does it need a true 'principal office' here to foreclose?
It needs a true principal office. The AG concluded that 'principal office' in § 55-58.1(2) carries the Title 13.1 meaning, the place where the principal executive offices are located. A bare registere…
If a charter county wants to sell county-owned property by local law instead of using the standard County Law procedure, does the local law need a two-thirds supermajority or just a simple majority?
A simple majority is enough. A charter county can supersede County Law § 215's two-thirds requirement, but it cannot supersede the simple-majority floor that the Municipal Home Rule Law sets for any l…
Can a South Dakota qualified charitable organization run a bingo game at multiple locations simultaneously via video simulcast, with one single prize pool funded by card sales at all the locations together? And does the answer change if multiple qualified organizations jointly run the simulcast bingo?
Yes to both. SDCL chapter 22-25 governs charitable bingo through general requirements (qualified-organization status, no individual benefit, no professional operators, compensation limits, $2,000 maxi…
Where can I legally drive a golf cart in Texas, and do the golf-course rules apply inside my neighborhood?
The Attorney General read section 551.403 of the Transportation Code as listing separate places a golf cart may legally be driven: in a qualifying master planned community, on a public or private beac…
Can a Texas tax office refuse to transfer my property tax lien to a tax lender, and what costs does that lien cover?
The Attorney General concluded that transferring a property tax lien under section 32.06 of the Tax Code is a ministerial act. Once a taxpayer authorizes a transferee to pay the taxes and the statute'…
Does Texas have to reveal which retailers a beer or liquor distributor sold to when it shares sales data?
Alcoholic beverage distributors file confidential monthly sales reports with the Texas Comptroller under Tax Code section 151.462. A narrow exception in section 111.006(h) requires the Comptroller to …
Can a Tennessee county charter commission spend public money campaigning for the new charter in a local referendum?
No. Tenn. Code Ann. § 5-1-208(c) permits a charter commission to use public funds only to inform voters about the contents of the proposed charter, not to advocate for or against its adoption. Absent …
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