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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If a Tennessee local school board fails to act on an amended charter school application, is it approved or denied?
Approved. The Tennessee AG concluded that effective July 1, 2012, Tenn. Code Ann. § 49-13-108(a)(2), as revised by 2012 Tenn. Pub. Acts ch. 1021, deems an amended charter school application approved i…
Does a Florida community development district serve a public purpose?
The AG advised that a community development district created under Chapter 190, Florida Statutes, serves a public purpose. The Legislature declared the public need for these districts when it authoriz…
If a Tennessee county withdraws from TCRS, can its school district still participate for non-teacher employees?
No. The Tennessee AG concluded that a Tennessee school system cannot participate in TCRS for non-teacher employees if the county itself has withdrawn. Participation in TCRS depends on the chief legisl…
Can a Virginia judgment debtor walk a release of judgment into the circuit court clerk's office for direct entry without going to a judge first?
No. A judgment debtor must file a motion under § 8.01-455 with 10 days' notice to the creditor. Only after the court orders satisfaction can the clerk mark the judgment as released. The clerk acts on …
Can a Virginia citizen, or the Virginia Attorney General, sue the federal government over TSA airport searches under the Fourth Amendment?
An individual whose own rights were affected can bring a Fourth Amendment claim, typically through a Bivens action. But the Virginia Attorney General has no standing to sue on behalf of Virginia citiz…
Can Virginia cities and counties spend tax dollars on dues or contributions to VACo and VML?
Yes. The Virginia Constitution's prohibition on appropriating to charities applies only to the General Assembly, not localities. Several Virginia statutes authorize localities to fund intergovernmenta…
Can Virginia certify a Florida-based business as a 'small business' when Florida won't extend its minority business certification to Virginia firms?
No. The reciprocity clause in Va. Code § 2.2-1403(B) requires Virginia to deny certification to firms from states that deny like certifications to Virginia-based businesses. Because Florida's combined…
Is a Florida community development district a political subdivision of the state?
Under Florida law, the office advised, a community development district is generally considered a political subdivision of the state, even one with no qualified electors and landowner votes held by a …
Who counts as an 'official' under Tennessee's county purchasing conflict-of-interest rule, and can recusal cure a conflict?
The Tennessee AG concluded that 'other officials of the county' in Tenn. Code Ann. § 5-14-114(a) covers those appointed to non-statutory committees with a defined term of office, but not appointees la…
Can a private nonprofit's director be charged with bid tampering under Florida's public corruption law?
The AG concluded that the executive director of Heartland Crime Stoppers, a private nonprofit corporation, was not a 'public servant' as that term is defined for Florida's bid-tampering statute (secti…
Does a Florida public board have to meet in public when it handles confidential whistle-blower complaints?
The AG concluded that the Hillsborough Transit Authority board could be designated to receive whistle-blower complaints, but as a collegial public body it had to act at open meetings under section 286…
Does adopting one county tax rate above its rollback rate trigger a property tax rollback election in Texas?
The Attorney General concluded that the right to petition for a county tax rollback election turns on totals, not components. A county can set an individual property tax rate (say, its general fund ra…
If a new Tennessee municipal school district is formed, how does the county distribute property tax money to it?
On a weighted full-time-equivalent average daily attendance (WFTEADA) basis. The Tennessee AG concluded that Tenn. Code Ann. § 49-3-315(a) requires Shelby County (and other Tennessee counties responsi…
When Colorado's S.B. 12-158 took effect, did the Division of Supportive Housing and Homeless Programs cease to exist as a separate public housing agency, and did the Division of Housing have statewide jurisdiction to take over its work?
Yes to both. The AG concluded that S.B. 12-158 (effective July 1, 2012) merged SHHP into the Colorado Division of Housing, automatically transferring all contracts and grants to the Division of Housin…
Are Florida special district and airport authority board elections partisan or nonpartisan?
The office advised that a candidate for the Charlotte County Airport Authority must run in a nonpartisan race. Section 189.405(2)(c), Florida Statutes, makes elections for single-county special distri…
What does Delaware AG Opinion 2012-06-20-reminder-biden-announces-commu (REMINDER: Biden Announces Community Shredding Events This Spring) say?
Members of the Media – Reminder: The Attorney General’s free consumer shredding events continue this Saturday in Dover and end Saturday, June 23 in Wilmington. See original announcement below. _______…
Could a Colorado public university unilaterally create a discounted tuition rate for undocumented students without the legislature's approval?
No. The AG concluded that any tuition rate below what other nonresidents pay is a 'public benefit' under § 24-76.5-103, C.R.S. and 8 U.S.C. § 1621, and federal law required an affirmative state legisl…
Can a Texas county issue tax increment financing bonds the way a city can?
The Attorney General concluded that a county cannot issue tax increment financing (TIF) bonds the way a city can. The Legislature gave that bonding power only to incorporated cities and towns, and a T…
Who sets a county court at law reporter's salary, the judge or the commissioners court?
The Attorney General concluded that setting an official court reporter's salary in the Van Zandt County Court at Law is a shared decision: the judge sets the salary and the commissioners court approve…
Can a Texas store or restaurant add a disclosed service fee to my purchase?
The Attorney General concluded that no Texas statute or constitutional provision stops a private retailer from charging an itemized, disclosed 'service fee' on a consumer purchase, as long as the fee …
Do Florida criminal investigative records stay exempt from public records after the case is over?
The office explained that section 119.071's exemption for criminal intelligence and investigative information only applies while the information is 'active.' Once a case has been resolved, the informa…
Are Georgia inmates who fight fires treated as volunteer firefighters, and can the state require special training rules for departments that use them?
The AG concluded that inmate firefighters fit the volunteer firefighter category because they are not paid but are appointed and regularly enrolled to serve. The Council could set minimum standards fo…
Can a 17-year-old in Tennessee leave high school to enroll in a GED program?
Yes. The Tennessee AG concluded that Tenn. Code Ann. § 49-6-3001(c)(2)(B) lets a 17-year-old enroll in a state-approved GED program in fulfillment of Tennessee's compulsory school attendance requireme…
Can the Texas Lottery Commission run second-chance drawings for losing tickets online?
The Attorney General concluded that the Texas Lottery Commission likely has authority to use the Internet for its promotional 'second-chance' drawings, where players enter a losing scratch-off ticket …
Can a Texas school district make employees attend charity fundraising meetings?
The Attorney General read section 22.011 of the Education Code, which bars a school district from directly or indirectly requiring or coercing employees to give to charity. The opinion concluded the s…
What does Delaware AG Opinion 2012-06-12-biden-announces-housing-worksh (Biden Announces Housing Workshops with Mortgage Lenders June 25 and 26) say?
Media Release Wilmington – Attorney General Beau Biden announced today that eight of the nation’s largest mortgage lenders will be attending workshops his office is organizing to help Delawareans who …
Can a Florida county refuse to release the booking photo of an arrested police officer?
The office advised that a current or former law enforcement officer's photograph, including a booking 'mug shot,' is exempt from the mandatory public-records disclosure in section 119.07(1), so the co…
What does Delaware AG Opinion 2012-06-08-biden-and-advocates-to-recogni (Biden and Advocates to Recognize World Elder Abuse Awareness Day With Events Statewide on June 15) say?
Media Release Wilmington – Attorney General Beau Biden announced today that his Senior Protection Initiative, along with state agencies, law enforcement, and other advocates will recognize the 7th Ann…
Is a nonprofit society empowered to enforce animal cruelty laws a "public body" under Delaware's FOIA?
Yes, still, the AG confirmed. In this supplemental opinion, the AG clarified that the Kent County SPCA qualifies as a "public body" under Delaware's FOIA specifically because the General Assembly empo…
Can a Virginia circuit court clerk charge a returned check fee when the check was for a civil case filing or related civil cost?
No. The returned check fee provisions in §§ 2.2-614.1, 17.1-275, and 19.2-353.3 funnel circuit clerks back to the criminal-side fee in § 19.2-353.3. There is no parallel authority in the civil code, s…
If there's a tie vote in a Tennessee single-county election, can a runoff replace the county commission's deciding vote?
No. The Tennessee AG concluded that Tenn. Code Ann. § 2-8-111(1) is the exclusive way to resolve a tie vote in a single-county or civil-district election: the county legislative body 'shall cast the d…
Can a Tennessee district public defender hire his brother-in-law as an investigator if he's not the direct supervisor?
No. The Tennessee AG concluded that the State Employees Uniform Nepotism Policy Act prohibits a district public defender from employing a brother-in-law as an investigator, even when day-to-day superv…
Can the West Virginia Board of Pharmacy issue a declaratory ruling that strikes down part of its own enabling statute as void for vagueness, preempted, or unconstitutional?
No. The AG concluded that fundamental principles of constitutional and administrative law forbid the Board of Pharmacy from issuing a declaratory ruling holding W. Va. Code § 30-5-12b void for vaguene…
What does Delaware AG Opinion 2012-06-07-anti-bullying-legislation-wins (Anti-Bullying Legislation Wins General Assembly Approval Proposals from AG) say?
Media Release Anti-Bullying Legislation Wins General Assembly Approval Proposals from Attorney General, Lieutenant Governor and Education Committee Chairs set to become law DOVER – A bill that impleme…
Can Tennessee city or county council members discuss public business over dinner without violating the Open Meetings Act?
Two or more members of a Tennessee governing body sharing a meal and discussing public business potentially raises an Open Meetings Act issue. The discussion is allowed if it does not amount to 'delib…
Are Tennessee's residency requirements for alcohol wholesalers and retailers unconstitutional?
Yes. The Tennessee AG concluded that the residency and corporate-asset-location requirements in Tenn. Code Ann. §§ 57-3-203 and 57-3-204 (for wholesale and package retail alcohol licenses) violate the…
Can a Connecticut municipal housing authority operate statewide, or only inside the city or town that created it?
Only within its municipal boundaries. The Connecticut AG concluded a municipal housing authority is a statutory creature created by a specific town under Conn. Gen. Stat. § 8-40 and may operate only i…
Can a retired federal judge officiate a wedding in Texas?
The Attorney General concluded that a retired federal judge is not authorized to conduct a marriage ceremony in Texas. Section 2.202(a)(4) of the Family Code lists the judges who may officiate. It aut…
Who pays the State Office of Administrative Hearings for a contested case hearing in Texas?
The Attorney General explained how the State Office of Administrative Hearings (SOAH) should bill for a contested case hearing when its chief judge assesses the fee against the party that loses. If th…
Can an 18-year-old be charged with truancy for skipping school in Texas?
The Attorney General concluded that a student who is eighteen or older cannot be prosecuted for the failure-to-attend-school offense, even if the school district has a policy requiring attendance up t…
What does Delaware AG Opinion 2012-06-01-newark-man-arrested-on-child-p (Newark Man Arrested on Child Pornography Charges) say?
Media Release Wilmington – Attorney General Beau Biden announced that a Newark man has been arrested on child pornography charges following an investigation by the Delaware Child Predator Task Force. …
What does Delaware AG Opinion 2012-06-01-attorney-generals-office-to-ho (Attorney General’s Office to Hold Foreclosure Open Houses June 4-9) say?
Media Release Wilmington – Attorney General Beau Biden announced today that his office is sponsoring foreclosure open houses next week in locations statewide to assist homeowners who are behind on mor…
Can a Virginia locality limit campaign yard signs to a smaller size than other temporary signs?
No. Virginia Code § 15.2-109 says localities cannot prohibit political campaign signs on private property if they comply with the same zoning and right-of-way rules that apply to temporary nonpolitica…
Can a Virginia local or regional housing authority operate statewide without going through § 36-23's locality-by-locality approval process?
No. Local, regional, and consolidated housing authorities are creatures of state law confined to their 'area of operation.' To act outside that area, they must follow § 36-23, which requires the appro…
Do Tennessee's 2011 damage caps apply to medical malpractice cases against doctors and nurses at public hospitals?
The Tennessee Civil Justice Act of 2011's caps on noneconomic and punitive damages apply to health care liability actions generally, but yield to the Tennessee Claims Commission Act for state defendan…
Can an out-of-state entity administer Idaho's federal Section 8 project-based housing contracts, and which Idaho entities can serve the whole state?
No, an out-of-state entity cannot serve as Idaho's Section 8 project-based contract administrator because only an Idaho statutory housing authority qualifies as a 'public housing agency' under federal…
Can a Texas hospital district sell its hospital and lease it back?
The Attorney General concluded that the Angleton-Danbury Hospital District may sell a hospital facility to a third party and then lease it back to keep providing care for the district's needy resident…
Must a therapist report child abuse that happened to an adult patient years ago?
The Attorney General concluded that chapter 261 of the Family Code does not require a mental health professional treating an adult patient to report abuse or neglect the professional believes happened…
Do nearby foreclosure-sale prices count when the appraisal district values my home?
The Attorney General concluded that under section 23.01(c) of the Tax Code, a chief appraiser setting the market value of a residence homestead may not throw out the sale prices of nearby homes just b…
Can a small Texas city ban alcohol sales near a public school?
The Attorney General concluded that a Type A general-law city is generally allowed to pass an ordinance banning alcohol sales by a dealer located within 300 feet of a public school. A 1,000-foot ban i…
Can a Florida city spend infrastructure sales surtax money on beach erosion projects?
The AG concluded that the local infrastructure sales surtax in section 212.055(2) can pay for building beach erosion control structures and the design and planning studies tied to them, as long as the…
Can a Texas county vote early to appoint an emergency services district board member?
The Attorney General concluded that a county commissioners court may hold its vote to appoint a member of an emergency services district board on a date before January 1, even though the term itself b…
Can a Texas constable set up a payment plan for someone with a justice-court warrant?
The Attorney General concluded that a constable has no authority to offer payment arrangements to, or accept partial payment from, defendants with outstanding justice-court warrants; the constable enf…
Can a county elections administrator also handle 9-1-1 addressing and redistricting work?
The Attorney General concluded that a commissioners court may employ the same individual who serves as county elections administrator to also work as a 9-1-1 addressing agent and to help prepare redis…
Can a Texas constable work paid law enforcement for an HOA in another precinct?
The Attorney General concluded that a constable may not provide law enforcement services for a fee to a private property owners association in a precinct other than the one for which the constable was…
Who reconciles a county's special fund accounts, the elected official or the treasurer?
The Attorney General concluded that a county treasurer cannot refuse a request from an elected official to reconcile the checks and payments from special fund accounts under that official's authority.…
What does Delaware AG Opinion 2012-05-29-biden-calls-for-change-in-for- (Biden Calls for Change in For-Profit School Funding Rule to Protect Veterans’ Benefits) say?
Media Release Biden Calls for Change in For-Profit School Funding Rule to Protect Veterans’ Benefits Loophole allows schools to exploit federal veterans’ education funding Wilmington – Attorney Genera…
Can a Washington educational service district borrow money by issuing bonds, and if so, what statutory framework applies?
Yes. The word 'instrument' in RCW 28A.310.200 is broad enough to include bonds, so educational service districts have bond-issuance authority. They must pledge as collateral the property acquired thro…
Does a Virginia juvenile court have to issue a subpoena to the local social services department before placing a child in its custody?
No. Because the local department is not a party to the proceeding, the statutes only require that it receive notice and an opportunity to be heard, not a subpoena. A court can still issue a subpoena i…
Do Virginia tax credits for donations to sectarian schools or charities violate the state constitution's appropriations clauses?
No. The AG concluded that Virginia's constitutional bars on appropriating public funds to sectarian institutions or private schools (Article IV, § 16 and Article VIII, § 10) did not preclude tax credi…
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