State AG Opinions
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Are the UConn Health Center's lease payments for a new Ambulatory Care Center backed by the State of Connecticut, or could the legislature cut off appropriations and stop the payments?
The Connecticut AG concluded that the UConn Health Center's lease payments under the proposed Ambulatory Care Center financing create legal obligations of the State of Connecticut, enforceable like an…
Can a Tennessee court clerk use leftover money from a tax sale to pay later property taxes on the same parcel?
A Tennessee court clerk holding overage funds after a delinquent tax sale cannot pay other property taxes that come due unless the court's order specifically directs it. Under Tenn. Code Ann. §§ 67-5-…
Does Tennessee require a digital forensics provider, or someone who reviews its data, to hold a private investigator license?
Digital forensics providers that 'obtain or furnish information' for purposes listed in Tenn. Code Ann. § 62-26-202(6) need a Tennessee PI license, but many will qualify for the consultant exemption i…
Can Arizona's Board of Technical Registration investigate and refer criminal cases under the meth-lab remediation law, or only handle civil penalties?
No. The AG concluded that A.R.S. § 12-1000 gives the Board limited authority to investigate notice-of-removal violations and impose civil penalties up to $2,000 on real-property owners who knowingly a…
Under Virginia's public-funds investment law, does 'domestic bank' mean only Virginia banks or any U.S. bank?
Any U.S. bank. Va. Code § 2.2-4509 lets localities invest in negotiable CDs at 'domestic banks.' Reading the term alongside Virginia's banking statutes, which incorporate the federal definition of 'fo…
Can the Virginia General Assembly hand off the job of redrawing Baylor grounds oyster boundaries to the Marine Resources Commission?
Yes, but only if the statute setting up the delegation contains specific policies and definite standards to guide the Commission. A naked grant of authority would fail the nondelegation doctrine.
Can a New York town transfer a town cemetery to a village within its borders without special legislative authorization?
The AG concluded that a town could not transfer a town-owned cemetery to a village under General Municipal Law § 72-h. Town cemeteries are inalienable by state law unless interments are removed, and §…
If a New York village has a police department, must it employ a chief of police, or can the village board eliminate the position when the current chief retires?
The AG concluded that a New York village that has a police department must also have a chief of police under Village Law § 8-800(1), unless the 1985 grandfather clause applied (no chief in place when …
After Colorado redrew its congressional and legislative districts following the 2010 census, did the Secretary of State have to recalculate candidate petition signature requirements as if the prior elections in those districts had not happened?
No. The AG concluded that Colorado's petition signature statutes (§§ 1-4-801(2)(b) and 1-4-802(1)(c), C.R.S.) required the lesser of an enumerated number or a percentage of votes cast in the district'…
When Virginia acquires land it already holds a conservation easement on, does the easement disappear?
No. The AG concluded that a conservation easement under the Virginia Conservation Easement Act or the Open-Space Land Act was not extinguished by the common law merger-of-estates doctrine when the eas…
Can a Tennessee bail bond company file a criminal failure-to-appear case against a defendant who skipped court?
No. A failure to appear under Tenn. Code Ann. § 39-16-609 is a criminal offense that only the State of Tennessee, through the district attorney general, can prosecute. A bonding company can swear out …
Once bail is set by a Tennessee judicial commissioner, who can change it, and can a bonding company sue over the way bail is set?
A general sessions judge can alter bail prior to bind-over with written reasons; a judicial commissioner cannot alter bail once admitted. Reduced bail with a cash-deposit option is allowed if the § 40…
Does a Texas event have to apply first before it can get Major Events Trust Fund money?
The General Land Office Commissioner asked whether an event can draw on the state's Major Events Trust Fund if a site selection organization picked the Texas site before any local entity applied. The …
Can my Texas city ban alcohol sales within 1,000 feet of a public school?
The Attorney General concluded that a home-rule city with a population under 900,000 cannot, on its own, adopt an ordinance banning alcohol sales within 1,000 feet of a public school. The Alcoholic Be…
Can a Texas water district build or operate inside another district's boundaries without permission?
A state representative asked whether the Brazoria County Conservation and Reclamation District Number Three could carry out works inside another district's boundaries without a contract or permission.…
Can a Texas county keep a handling fee out of my cash bail refund?
The Attorney General concluded that, after a 2011 amendment to article 17.02 of the Code of Criminal Procedure, a county can no longer deduct an accounting and administrative fee from the refund of a …
Can a Tennessee officer who got a Garrity advisory still be subpoenaed to testify against another officer in a criminal trial?
Yes. The AG concluded that Garrity immunity protects the speaker from his own statements being used against him, not from being called as a witness against someone else. The phrase 'These statements h…
Can a Florida city ask voters to approve height and density increases for a redevelopment district that doesn't exist yet?
The AG would not pass on the proposal's validity, but cautioned that Florida law requires a ballot to give voters clear, fair notice. The city's plan to make all five height-and-density questions pass…
Can a Florida clerk of court make advance payments of county funds, and must an MSTU's electrical project be competitively bid?
The AG explained that a clerk of court can make advance payments of county funds when section 28.235 and the Chief Financial Officer's rules allow it, though whether a given project qualifies is a fac…
Did Maine's 2012 AG opinion say the Penobscot Nation or the State has authority to regulate hunting and fishing on the main stem of the Penobscot River?
The AG concluded that the Penobscot Nation may regulate hunting on, and restrict access to, the islands from Medway to Old Town that make up its Reservation, but may not regulate activities on the Pen…
Can a Florida special district extend a continuing engineering contract without re-bidding under the Consultants' Competitive Negotiation Act?
The AG advised that the district's engineering contract, which ran for a fixed term of up to five years, was not a no-time-limit 'continuing contract' under the CCNA. So when it expired, any new engin…
Can a Florida city council member also serve as county emergency management director, or does the dual office-holding ban block it?
No. The AG concluded the county emergency management director holds an 'office,' not mere employment, so a sitting city council member could not hold both at once under Article II, section 5(a) of the…
Can village park rangers in Suffolk County issue Vehicle and Traffic Law tickets while traveling on public streets between parks?
The AG concluded that village park rangers in Suffolk County could issue Vehicle and Traffic Law tickets within village parks (state law gave them that authority directly), but not on public streets w…
Can the same person serve as a county legislator and as a town historian in New York?
The 2012 informal opinion concluded that the position of town historian was compatible with serving as a member of the County Legislature. The county historian's role over town historians was guidance…
In Connecticut, can a city sheriff (Bridgeport, Norwalk, etc.) serve a support enforcement capias, or only a state marshal?
Yes. The Connecticut AG concluded that a Connecticut city sheriff whose office is established by municipal charter (such as Bridgeport's) has the authority to serve civil capias warrants, including su…
Can a Florida company be a building-code 'private provider' just by hiring a licensed architect or engineer?
A business entity could qualify as a 'private provider' for building plan review and inspections only if the business itself is licensed or certified under Chapter 471 (engineering) or Chapter 481 (ar…
Can a Florida special district buy land with a boat ramp, and must the ramps be open to the public if it does?
The AG concluded the district could buy boat-ramp land if its board found the purchase mainly serves the district's job of maintaining the lakes and dams. But restricting the ramps to district lot own…
Can classroom teachers help decide how a Florida school spends its School Recognition Program award money?
Yes. The AG read 'school's staff' in section 1008.36 broadly enough to include classroom teachers, so teachers could take part in the joint decision with the school advisory council about how recognit…
Does federal drug law override Arizona's voter-approved medical marijuana law, and can the state still issue patient ID cards even if dispensary operations are preempted?
In part. The AG concluded that the federal Controlled Substances Act preempts AMMA provisions and DHS rules that authorize cultivating, selling, or dispensing marijuana, because authorizing what feder…
Can a Florida city charge a residential rental registration fee or a new business tax to regulate rentals?
Because the city had already enacted its fee, the AG gave only informal comments. A city may charge a residential rental regulatory fee that reasonably covers enforcement costs, but a 2011 state law p…
Can Tennessee voters sign annexation or incorporation petitions with electronic signatures collected online?
No. The AG concluded Tennessee's UETA does not require local governments to accept electronic signatures on incorporation, annexation, de-annexation, or merger petitions. State election statutes requi…
Can Oregon use the 3 percent ratepayer surcharge on electric bills to subsidize small renewable energy projects, even when those same projects sell power to utilities at federally regulated 'avoided cost' rates under PURPA?
Yes. The AG concluded the federal Public Utility Regulatory Policies Act of 1978 does not preempt Oregon's public-purpose-charge subsidies. PURPA limits federally mandated wholesale purchase rates fro…
Can a Florida special district or airport authority buy goods and services off state term contracts?
The AG concluded that the Sebring Airport Authority, a dependent special district, is an 'eligible user' under section 287.056(1), Florida Statutes. So it could buy commodities and contractual service…
Who fills a vacancy on a Florida special district board, and can the board keep operating while short a member?
The AG concluded that vacancies on the board of trustees of a mobile home park recreation district are filled by the remaining trustees under section 418.302(5), Florida Statutes, not by the Governor …
Do back-to-back board terms with a break in between count toward a Florida term limit?
The AG concluded that someone who served one four-year term, took a one-year break, then served a second four-year term had not served two 'consecutive' full terms. So under the Bay Medical Center cha…
What happens to a Tennessee county commission seat when the elected member turns out not to live in the district?
The seat is automatically vacant once the residency failure is established, with no judicial determination needed; the county legislative body cannot retroactively redraw district lines to fix it; and…
Does a Texas city need an election to sell its sewer system to a river authority?
The Attorney General concluded that a Texas municipality generally must hold an election under Government Code section 1502.055(a) before selling a utility system. But there is an exception: when a ci…
Is it constitutional for one Tennessee municipal hearing officer to issue a building code citation and then preside over the appeal?
Yes. The AG concluded the Municipal Administrative Hearing Officer Act (Tenn. Code Ann. §§ 6-54-1001 to -1018) satisfies due process. An officer can make an initial determination and then conduct the …
Can a Texas county lease its school land and require the tenant to pay for upkeep?
The Attorney General concluded that a Texas county is generally authorized to lease its county school land under a lease that requires the lessee to spend money on land management and maintenance. Art…
If a quorum of a board shows up at a committee meeting, does the Open Meetings Act apply?
The Attorney General concluded that if a quorum of a governmental body's board attends one of its committee meetings and there is deliberation about public business or policy the board controls, the c…
Can a Delaware city withhold police officers' names from public salary records?
No. The AG concluded that Wilmington police officers' salary and compensation records are public under Delaware's FOIA, and that the Law-Enforcement Officers' Bill of Rights, which protects officers f…
Can a charter county in Washington suspend an elected treasurer who is under investigation for misconduct?
Yes. RCW 36.29.090 lets the legislative authority of a charter county suspend a county treasurer (or treasurer-assessor, as to treasurer duties) once a civil or criminal action alleging official misco…
Do Tennessee part-time, reserve, or auxiliary police officers need a security guard license to work off-duty security, and can they wear their police uniform?
Tennessee's Private Protective Services Licensing Act exempts only full-time sworn officers. Part-time, reserve, temporary, and auxiliary officers must be licensed to work paid security, cannot wear t…
Can Tennessee constitutionally bar public officials charged with on-the-job crimes from pretrial or judicial diversion?
Yes. The AG concluded Chapter 766 of the 2012 Public Acts does not violate the U.S. or Tennessee Constitutions. Pretrial and judicial diversion are not fundamental rights; public officials are not a s…
Who owns the money a county crime victims' office raises through donations and fundraisers?
The Attorney General concluded that a court could find that property a county crime victims' office raises through fundraisers and donations belongs to the county, not the office. A crime victims' off…
Does an FAA designated engineering representative need a Texas professional engineer license?
The Attorney General concluded that a person the Federal Aviation Administration appoints as a 'designated engineering representative' (DER) likely does not have to be licensed as a Texas professional…
Can a Virginia trial court let a person convicted of a felony serve jail time on weekends or nonconsecutive days to keep working?
No. Section 53.1-131.1's weekend/nonconsecutive sentencing option is limited to misdemeanors, traffic offenses, and Chapter 5 of Title 20 (failure to support) offenses. The 1999 amendment narrowed it …
Can Tennessee school boards pool resources through an OPEB trust to pre-fund retiree health benefits, and can the school boards association run it?
Yes, with conditions. The AG concluded the OPEB Investment Trust Act of 2006 is the only statutory authority for a county school board to set up an OPEB trust. School boards may pool their boards unde…
Who runs Lewis County, Tennessee's Highway Advisory Commission, and what does the chair earn?
The Lewis County Highway Advisory Commission has three members: the county mayor (by virtue of office), one member of the county legislative body, and a private citizen. The members elect the chair ev…
Can a Tennessee county create its own civil rights lawsuit law to sue the sheriff and deputies?
No. The AG concluded that a Tennessee charter county cannot enact an ordinance creating a private cause of action against its sheriff or deputies for civil rights violations. Tenn. Code Ann. § 5-1-204…
Was the 2012 Tennessee law forcing Memphis Light, Gas & Water to pay PILOTs directly to Shelby County constitutional?
Mostly no. The AG concluded Chapter 984 cleared the local-approval, home-rule, and charter-county hurdles, but flagged it as likely unconstitutional under Article XI, Section 8 because there was no ra…
Did Tennessee's 2012 overhaul of the Tennessee Regulatory Authority abolish the agency, and how do its new appointment rules work?
The TRA continues as the same legal entity; Chapter 1070 of 2012 Tenn. Pub. Acts reorganized its membership rather than abolishing it. Continuing directors do not need re-confirmation, but new appoint…
When does logging on New York municipal parkland count as a non-park use that requires legislative approval?
The AG concluded that logging on municipal parkland required legislative approval when its purpose was commercial (a non-park use), but not when it was part of forest management to enhance the park ex…
If the Port Jervis city council has no minority-party members, can the city appoint additional majority-party members to fill the open seats on the Community Development Agency board?
The AG concluded that General Municipal Law § 584 did not authorize additional majority-party appointees to the Port Jervis CDA board when the city council had no minority-party members. The CDA simpl…
Can a New York city use a charter revision commission to change the budget process for its public library, when the library was created by state legislation?
The AG concluded that Oneonta could not amend its city charter to alter the budget process for its public library. Public libraries are part of the state's educational system, and Municipal Home Rule …
What happens when a Delaware town council repeatedly holds closed-door meetings without explaining why?
It can't. Delaware's FOIA requires town councils to state the specific reason for any closed executive session and to list major agenda items in advance. The AG found Dewey Beach's Town Council violat…
Can a Tennessee municipal electric system that offers Internet and TV service borrow against non-electric assets like a private cable company would?
Yes. The Tennessee AG concluded that once the municipal legislative body has authorized the municipal electric system to provide Internet and video programming services under Tenn. Code Ann. §§ 7-52-6…
Can a Tennessee school board extend its director of schools' contract while the contract is still running?
Yes. The Tennessee AG concluded that Tenn. Code Ann. § 49-2-203(a)(14)(C), as amended after the AG's 2001 opinion, now lets school boards extend the contract of the director of schools mid-term, provi…
Is Tennessee's 2012 law letting school districts sponsor charter schools constitutional?
Yes. The Tennessee AG concluded that Chapter 1065 of 2012 Tenn. Pub. Acts is not facially unconstitutional. Allowing LEAs to sponsor charter schools (with the state board of education as chartering au…
Can Virginia attach PLA-neutral procurement conditions to state grants given to MWAA?
Yes, by contract. The AG concluded that a Virginia state agency could negotiate to include in a grant agreement a condition that MWAA conduct its procurement without giving preference to Project Labor…
How these opinions are useful
- Understand state law: AG opinions are authoritative interpretations of how state law applies.
- Persuasive authority: Not binding like court decisions, but they carry significant weight.
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- Legal research: Cite AG opinions in letters, motions, and legal arguments.