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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Can a Virginia driver without a concealed carry permit keep a loaded handgun in the glove box?
Yes. The AG concluded that a person who could lawfully possess a firearm but had no concealed handgun permit could keep a loaded handgun in a vehicle, even within driver or passenger reach, as long as…
Did the Virginia Governor have authority to transfer the Dulles Toll Road to MWAA to fund the Metrorail extension?
Yes, under the only available precedent. Existing transportation statutes give the executive broad flexibility, and a Richmond circuit court upheld the transfer. The MWAA Compact gave MWAA authority t…
Can the Idaho Senate originate a bill that creates or raises a fee, or must fee bills start in the House under the Origination Clause?
A reasonable defense exists for Senate-originated fee legislation, but only if the levy is genuinely a fee and not a tax disguised as one. When in doubt, the AG recommended the bill originate in the H…
Can a Florida city require a voter referendum before its redevelopment agency borrows money?
The office gave informal comments because only one council member asked. Its long-standing view is that the Community Redevelopment Act (Part III, Chapter 163) is so detailed and pervasive that it pre…
What does Delaware AG Opinion 2012-05-24-dover-man-arrested-for-dealing (Dover Man Arrested for Dealing in Child Pornography) say?
Media Release May 24, 2012 Dover Man Arrested for Dealing in Child Pornography Dover – Attorney General Beau Biden announced today that the Delaware Child Predator Task Force has arrested a Dover man …
What does Delaware AG Opinion 2012-05-22-attorney-general-biden-joins-u (Attorney General Biden Joins United States Senators in Seeking Expanded Housing Assistance for Troops) say?
Media Release May 22, 2012 CONTACT: Jason Miller (Delaware Department of Justice), 302-893-8939 Chip Unruh (Senator Reed), 202-224-2642 Max Gleischman (Senator Durbin), 202-228-5244 Seth Larson (Senat…
Can a Tennessee county mayor veto the county commission's appointments to the sheriff's civil service board?
No. The Tennessee AG concluded the county mayor has no veto over board appointments. The board acts with a quorum of two of three members. The mayor must designate the chair each year as new appointme…
When recalling a Tennessee district officeholder, do you need signatures from 15% of the whole city or county, or just the district?
The whole city or county. The Tennessee AG concluded Tenn. Code Ann. § 2-5-151(d) requires 15% of the registered voters of the entire municipality or county, even when the recall targets a single-dist…
Can Tennessee exempt LLC-owned low-income housing from property tax under the state constitution?
No. The Tennessee AG concluded SB2944 would have been unconstitutional under Tenn. Const. art. II, § 28 because the exemption is reserved for charitable organizations that both own and use property fo…
When can a Tennessee beer wholesaler remove and replace beer at a retailer for 'quality control' reasons, and what other refunds are allowed?
A wholesaler may pull and replace beer from a retailer at any time after delivery if the wholesaler determines the beer fails 'quality control standards' (deterioration or improper packaging/handling)…
Can the Tennessee Historical Commission pay for journals published by private historical societies?
Yes. The Tennessee AG concluded that Tenn. Code Ann. § 4-11-103(b)(2), which authorizes the Historical Commission to administer public funds 'for historical purposes,' is broad enough to fund journals…
Can a non-lawyer represent a parent at a special education due process hearing in Texas?
The Attorney General concluded that, because Texas generally limits the practice of law to licensed attorneys and the Legislature created no exception for special education due process hearings, a non…
Can a Texas county require proof of available water before approving a subdivision?
The Attorney General concluded that Water Code section 35.019 gives a county in a priority groundwater management area only a limited power: to require a developer to show an adequate water supply whe…
Can you ride an ATV or off-highway vehicle on a Texas public beach?
The Attorney General concluded there is no across-the-board yes or no on driving an ATV or recreational off-highway vehicle on a Texas public beach. The Transportation Code's ban on operating these ve…
Does a felony conviction automatically remove a Texas constable from office?
The Attorney General concluded that a felony conviction automatically removes a county officer such as a constable from office once all appeals are exhausted, with no further official action needed, w…
Do Texas real estate inspectors have to carry liability insurance to keep a license?
The Attorney General concluded that the Occupations Code requires an applicant for a real estate inspector's license to carry liability insurance, and that requirement holds even in the hypothetical s…
What must the Texas Comptroller do before spending Major Events Trust Fund money?
The Attorney General concluded that, before the Comptroller may undertake any of the duties for spending Major Events Trust Fund money under section 5A of article 5190.14, she must follow the precise …
What does Delaware AG Opinion 2012-05-18-biden-announces-settlement-wit (Biden Announces Settlement with Skechers Over Charges of Deceptive Advertising) say?
Media Release Wilmington – Attorney General Beau Biden announced that Delaware has joined the federal government, 42 states, and the District of Columbia in reaching an agreement with Skechers USA to …
Is the Warm Springs Sanitation Commission protected by sovereign immunity in Virginia?
Yes, but only for governmental functions, not proprietary ones. The Commission qualifies as a municipal corporation under the Virginia Supreme Court's six-attribute test, so the same limited tort immu…
In Virginia, can a licensed attorney still choose to serve on a jury, and does the jury service exemption cover out-of-state attorneys?
Yes on both. Section 8.01-341(5) exempts practicing attorneys from jury duty but doesn't disqualify them; a lawyer can waive the exemption and serve. The exemption also reaches lawyers licensed in any…
Can a Florida value adjustment board member also serve on a city commission?
The AG concluded that a citizen member of a county value adjustment board cannot simultaneously be a member or employee of a municipality, because a city is a 'taxing authority' barred by section 194.…
Can one person be both a value adjustment board special magistrate and a city hearing officer in Florida?
The AG concluded that a value adjustment board special magistrate appointed for a calendar year cannot also serve as a city's hearing officer, even if the two sets of hearings happen in different mont…
When Colorado merged a homeless-services housing agency into the Department of Local Affairs, did the agency lose its existing HUD contracts, voucher authority, or its name?
No. The AG concluded that H.B. 11-1230 was a type-2 transfer of the Division of Supportive Housing and Homeless Programs (SHHP) into the Department of Local Affairs. SHHP kept its existing contracts, …
How far can a Washington county board of commissioners go in signing long-term contracts that lock in current policy choices and limit what future boards can do?
Not as far as the board of the day might wish. The case law bars contracts that bind 'core legislative powers' of future commissioners, but allows contracts that carry out 'administrative' or 'proprie…
What does Delaware AG Opinion 2012-05-14-biden-sues-publishers-in-consp (Biden Sues Publishers In Conspiracy to Overcharge Consumers Price fixing scheme cost readers $100 million) say?
Media Release Wilmington – Attorney General Beau Biden and 16 other Attorneys General are seeking to join a lawsuit against two of the nation’s largest publishers and Apple, alleging that they and oth…
What does Delaware AG Opinion 2012-05-14-biden-announces-arrest-of-teac (Biden Announces Arrest of Teacher for Child Solicitation) say?
Media Release Wilmington – Delaware Attorney General Beau Biden announced today that an undercover investigation by the Delaware Child Predator Task Force has led to the arrest of a 31-year-old Bear m…
What does Delaware AG Opinion 2012-05-11-child-predator-task-force-arre (Child Predator Task Force Arrests Man for Soliciting Child for Sex) say?
Media Release Wilmington – Attorney General Beau Biden announced today that a Child Predator Task Force undercover investigation resulted in the arrest of a Delaware student for soliciting a detective…
When a Tennessee defendant pays a fine in installments, can the court hold them in contempt if the payments are applied to court costs first?
No. The Tennessee AG concluded that Tenn. Code Ann. § 40-24-105(a) requires clerks to credit each installment to litigation taxes first, then court costs, then the fine. A defendant who follows the in…
What does Delaware AG Opinion 2012-05-10-biden-puts-penalties-to-work-f (Biden Puts Penalties to Work for Delaware) say?
Media Release May 10, 2012 Biden Puts Penalties to Work for Delaware: $10.6 million secured after 18-month investigation of widespread servicing fraud by nations largest mortgage banks Wilmington – At…
What does Delaware AG Opinion 2012-05-10-biden-announces-expanded-initi (Biden Announces Expanded Initiative to Combat Neighborhood Crime) say?
Media Release Landlord training June 9 in Harrington to focus on proven techniques to reduce crime in rental properties Wilmington – As part of its ongoing action to reduce crime and improve the quali…
Does Tennessee owe rollback property taxes when it buys greenbelt land using the Wetlands Acquisition Fund?
No. The Tennessee AG concluded that the rollback-tax obligation does not apply when the state acquires greenbelt land through the Wetlands Acquisition Fund, because the fund cannot use eminent domain …
What does Delaware AG Opinion 2012-05-09-biden-urges-congress-to-increa (Biden Urges Congress to Increase Federal Funding for Victims of Crime) say?
Media Release 51 Attorneys General propose raising spending cap on Crime Victims Fund Wilmington – Delaware Attorney General Beau Biden and his colleagues in 50 states and territories urged Congress t…
Can the Tennessee Department of Labor exempt an employer from paying private-sector wages on time?
No. The Tennessee AG concluded that no statute lets an employer or the Commissioner of Labor grant an exemption from the wage-payment rule in Tenn. Code Ann. § 50-2-103(a). The Commissioner can decide…
Can a Texas child under 17 who is tried as an adult be held in a jail that does not separate them from adult inmates?
No. The Attorney General concluded that even when a child under seventeen is transferred to adult criminal court for prosecution, article 4.19 of the Code of Criminal Procedure did not let officials d…
Is it illegal gambling in Texas to charge an entry fee for an online quiz contest with prizes?
Maybe not. The Attorney General advised that if an online contest genuinely turns on knowledge, skill, or speed and involves no element of chance, a court could conclude the entry fee is not a 'bet' u…
When can a Texas county hold an election to create an emergency services district?
The Attorney General concluded that, for Navarro County in 2012, the next available date to hold an election creating an emergency services district was November 6, 2012, the November uniform election…
What ID do you need to get a Texas residence homestead property tax exemption?
The Attorney General concluded that only a driver's license, personal identification certificate, or vehicle registration receipt issued by Texas can satisfy the documentation rules in Tax Code subsec…
Who prosecutes violations of a Texas water district's criminal rules?
The Attorney General concluded that who prosecutes a violation of a water control and improvement district's criminal regulation under chapter 51 of the Water Code depends on the court where the citat…
Does Texas's ballot-language law for bond and tax votes apply to junior college district elections?
Yes. The Attorney General concluded that subsection 52.072(e) of the Election Code, which requires a bond or tax ballot proposition to state specifics like the total principal amount of the bonds or t…
Can an ENT doctor who sells hearing aids serve on Texas's hearing-instrument examiners board?
It depends, and the opinion left the call to the board. Occupations Code subsection 402.053(d) bars the physician member of the State Committee of Examiners in the Fitting and Dispensing of Hearing In…
Does a mayor's office have to hold open meetings under Delaware's open meetings law?
No, under the law as it stood in 2012. The AG found the Wilmington Mayor's Office is exempt from FOIA's open meeting requirements because its entire decisionmaking authority rests with one person, and…
What does Delaware AG Opinion 2012-05-03-jury-recommends-death-sentence (Jury Recommends Death Sentence For Convicted Murderer James Cooke) say?
Media Release Wilmington – Today a New Castle County Superior Court jury recommended, in a vote of 11 – 1, that James Cooke received a death sentence for the rape and murder of University of Delaware …
If a Tennessee charter school moves to a bigger building, can it enroll more students than its charter agreement allows?
No. The Tennessee AG concluded that if a charter agreement caps student enrollment, the charter school is bound by that cap until the agreement is amended through the statutory process. Moving to a la…
What does Delaware AG Opinion 2012-05-01-biden-warns-motorists-of-dange (Biden Warns Motorists Of Dangers of Distracted Driving) say?
Media Release Joins Federal, State Officials To Call For Safer Driving on Inaugural Stop the Texts Day Wilmington – Citing the alarming statistic that a majority of young drivers admit to texting whil…
What does Delaware AG Opinion 2012-04-27-biden-urges-delawareans-to-tak (Biden Urges Delawareans To “Take Back” Unneeded Prescription and Over-The-Counter Drugs) say?
Attorney General’s Office to Sponsor 3 Sites in Free Statewide Initiative Tomorrow from 10 a.m. to 2p.m Wilmington – Noting that in 2009 7 million Americans 12 years of age and older abused prescripti…
What does Delaware AG Opinion 2012-04-26-attorney-general-biden-legisla (Attorney General Biden, Legislators Propose Targeting False Statements to Law Enforcement) say?
Bipartisan group of former police officers sponsor legislation Dover – Attorney General Beau Biden and a bipartisan group of lawmakers announced legislation today that will create a felony offense of …
Can a Tennessee church run a Parents' Day Out program more than two days a week if no individual child attends more than two days?
No. The Tennessee AG concluded that the licensure exemption in Tenn. Code Ann. § 71-3-503(a)(7) limits the church's program itself to no more than two days per week and six hours per day. The exemptio…
Is the VA's VAFL 27-333 letter the only document a Florida property appraiser can accept to grant a disabled veteran's property tax exemption?
No. The AG concluded that the federal VAFL 27-333 letter was not the only acceptable proof. Section 196.081(1) requires a letter from the United States Government or the U.S. Department of Veterans Af…
Can Florida educational property get a tax exemption when one company owns the school and a separate company owns the land, even if the same people own both?
No. The AG concluded that section 196.198 deems property 'owned by an educational institution' only when the entity owning 100% of the school is owned by the identical persons who own the real propert…
Can a Florida county let its code enforcement officers carry firearms on the job, and do officers who are also certified police get law-enforcement benefits?
No on both counts. The AG concluded that a code enforcement officer is not authorized to carry a firearm within the scope of that job, and that designation as a code enforcement officer does not confe…
Does a Florida development permit get extended automatically after a state of emergency?
The AG concluded that section 252.363 tolls and extends development permits after the Governor declares a state of emergency, but the city has no duty to act to grant the extension. The burden is on t…
Does a private business leasing public airport land have to post a payment and performance bond to build on it under Florida's Little Miller Act?
Yes. The AG concluded that because the ground lease made any improvements the property of the Sanford Airport Authority (a governmental entity), the construction was a 'public work' under section 255.…
Can a Florida newspaper that only recently switched to weekly publication run legal notices, even if it published twice a month for over a year?
No. The AG concluded that a newspaper must have been published on a weekly-or-more-often schedule for one full year before the first publication of a legal notice to qualify under Chapter 50. A paper …
If a Connecticut state marshal is also a retired police officer eligible to carry under federal law, can the State Marshal Commission still require him to follow its firearms policy?
Yes. The Connecticut AG concluded the State Marshal Commission can require any marshal, including one who is also a 'qualified retired law enforcement officer' under federal LEOSA, to comply with its …
Who approves spending from a Texas district attorney's asset forfeiture fund?
The Attorney General concluded that a district attorney's asset forfeiture spending may proceed once it is approved by a regional review committee under Government Code section 24.377, even after the …
Can a nurse with a nondisclosure order keep their criminal record out of the nursing board's disciplinary order?
Probably not. The Attorney General concluded that a court would likely find section 411.081 of the Government Code does not require the Texas Board of Nursing to redact or seal criminal history inform…
What does Delaware AG Opinion 2012-04-23-deadline-extended-for-student- (Deadline Extended for Student Video Competition That Raises Awareness of Senior Abuse) say?
Media Release Wilmington – Attorney General Beau Biden’s office today announced that the deadline for its annual student senior abuse video competition has been extended to May 1, 2012. The contest, s…
What does Delaware AG Opinion 2012-04-23-biden-to-address-national-stud (Biden to Address National Student Consumer Competition Tuesday in Philadelphia) say?
Media Advisory Philadelphia, PA – Tomorrow (Tuesday, April 24) in Philadelphia Attorney General Beau Biden will address hundreds of students gathered from across the country who are competing in the 2…
When a senior citizen's property is foreclosed for delinquent taxes and ends up in the county's hands, does the Washington Department of Revenue's lien for unpaid deferred taxes survive? If the county later sells the property, does the Department get paid first?
No to both. RCW 84.38.100's deferral lien is canceled when the county takes title at a tax foreclosure, just like other tax liens. When the county later sells the property, RCW 36.35.110 apportions th…
Can Tennessee require workers' comp pain-management recipients to agree to random drug testing as a condition of treatment?
No. The AG concluded that a bill (SB3315/HB3372) conditioning pain-management treatment on signing a random-drug-testing agreement was likely unconstitutional under the Fourth Amendment and Tennessee …
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