State AG Opinions
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When a county or township highway intersects with a state trunk highway, whose money pays to maintain the connecting roadway surface that sits within the state's right-of-way? Does the prior history of the connecting roadway (private driveway, then county road) change the answer?
The second or intersecting highway's government pays. Under SDCL 31-24-9 (as amended in 2010), the government entity that owns the second-in-time intersecting highway is responsible for constructing a…
Can a Florida city manager also serve as a reserve police officer in another county or city without breaking the dual office-holding ban?
Likely not. In an informal advisory letter, the Attorney General's Office indicated that both city manager and certified reserve police officer are 'offices' under Article II, section 5(a) of the Flor…
Does a Delaware zoning board have to let the public comment before ruling that a building-permit appeal was filed too late?
No, under the law as it stood in 2012. The AG found the Rehoboth Beach Board of Adjustment's notice of an appeal hearing adequately covered a threshold ruling on whether the appeal was filed on time, …
What does Delaware AG Opinion 2012-04-09-national-mortgage-foreclosure- (National Mortgage Foreclosure Settlement Finalized by Court Order) say?
Biden secured $45 million for Delaware and fought for important new protections for America’s military men and women Wilmington – Delaware Attorney General Beau Biden announced today that a federal ju…
What interior design work can a non-registered designer do in Tennessee without an architect or engineer, and can interior designers use their own seal on plans?
Non-registrants may prepare non-structural interior design plans (finishes, furnishings, non-load-bearing partitions), but anything affecting life safety, structural elements, or requiring a building …
After amendments, does Tennessee's drug-testing-for-TANF bill still raise Fourth Amendment problems?
Yes for one amendment, no for the other. Amendment 2 still violated the Fourth Amendment because a five-year-old arrest or conviction alone isn't reasonable suspicion of current drug use. Amendment 3,…
Can Tennessee require people challenging an equine slaughter license to post a bond worth 20% of the facility's cost just to file suit?
Probably not, the opinion said. HB 3619/SB 3461 required anyone challenging an equine slaughter facility license to post a surety bond equal to 20% of the facility's building cost or operational cost,…
What does Delaware AG Opinion 2012-04-02-department-of-justice-secures- (Biden Marks Child Abuse Prevention Month) say?
Highlights Staggering Statistics; Calls Upon Adults to Speak for Voiceless Victims Wilmington – Before the age of 18, 1 in 4 girls and 1 in 6 boys will be sexually abused. Only 1 in 10 of those young …
Can a local elected official who serves on a community action board vote on the budget that funds that board?
Yes. The AG concluded that no conflict of interest precluded members of Virginia local governing bodies who also served (without compensation) on community action boards from voting on local governmen…
Can a Tennessee city councilmember who is also a state employee retire from state employment, draw TCRS benefits, and stay on the city council?
No, the opinion said. Because the council seat itself triggered TCRS membership, the councilmember could not simultaneously contribute to TCRS and collect benefits. The exception in Tenn. Code Ann. § …
Can an individual Florida school board member hold a town hall meeting on school property, and does it break the Sunshine Law if other members attend?
In an informal advisory letter, the Attorney General's Office declined to resolve the intra-district dispute but offered general guidance: a school board's powers are exercised 'as a board,' not by in…
Can a Delaware school board post only a 'Tentative Agenda' instead of a final one before its meetings?
No, under the law as it stood in 2012. The AG found the Caesar Rodney School Board violated FOIA by posting only 'Tentative Agendas' (misleadingly implying a final version would follow) and by not sta…
Does a nonprofit animal cruelty society have to hold open board meetings if it gets a small state grant?
Yes, the AG found. The Kent County SPCA is a "public body" under Delaware's FOIA because it is empowered by the state to enforce animal cruelty laws and receives a state grant-in-aid, so its board mee…
Can a Virginia limited liability partnership serve as substitute trustee on a deed of trust?
Yes. The AG concluded that a registered limited liability partnership organized under Virginia law could serve as a trustee under a deed of trust governed by § 55-58.1, because the general Code defini…
Can a Connecticut state marshal serving a civil capias warrant walk into someone's home without a search warrant or consent?
No, as a practical matter. The Connecticut AG advised state marshals serving civil capias warrants not to enter a home without explicit consent, because most civil capias warrants do not satisfy the F…
Can a Tennessee court order child support between separated married parents who don't have a divorce or separation decree yet?
Yes, the opinion said. Tennessee courts had several statutory paths to ordering child support before any decree of divorce or separation. Tenn. Code Ann. § 36-5-101(a)(2) gave broad authority. Section…
Can Tennessee require drug tests for people applying for welfare or other public assistance benefits?
Not as broadly as the bills proposed. The opinion concluded that federal law (Title XIX of the Social Security Act, the TennCare waiver, the federal Food Stamp program) bars conditioning eligibility o…
Could Tennessee require employers and landowners to allow employees and customers to store firearms in locked vehicles on their parking lots, despite the property owner's rules?
Yes, the opinion said. SB 3002 / HB 3560 was constitutionally defensible against challenges based on OSHA preemption, the Takings Clause, and substantive due process. Two appellate courts (10th Circui…
Before the 2013-14 school year, could a Shelby County municipality take any action to start its own school district, like holding a referendum or hiring staff?
No, the opinion said. Until the transition of Memphis City Schools into Shelby County Schools was actually complete, Tennessee statutes (Tenn. Code Ann. §§ 6-58-112(b), 49-2-501(b)(3), 49-2-502(a)(3))…
Can a Tennessee sheriff collect a $5 fee from a surety before releasing a defendant on bail, and can the sheriff reject the bond if the fee isn't paid?
Yes to both. The opinion concluded that Tenn. Code Ann. § 8-21-901(a)(3)(C) authorized sheriffs to charge a $5 fee for each bail bond, collectible when the bond is issued and accepted. A surety who re…
If I sit on a Tennessee human resource agency board because of my elected office, must I resign that office to apply for the agency's executive director job?
Yes, the opinion said. Once a board member decided to pursue the agency's executive director position, the broad Tennessee conflict-of-interest statute (Tenn. Code Ann. § 12-4-101) required them to re…
If a Connecticut school district forgot to withhold a teacher's pension contributions years ago, can the teachers' retirement board now bill the teacher (or the employer) for what's missing plus interest?
The Connecticut AG concluded the State Teachers' Retirement Board may notify a member about missing 1999 contributions and the interest owed under Conn. Gen. Stat. § 10-183ff, but has no statutory aut…
Can a Virginia circuit court clerk administer an oath that another state's law requires?
Yes, when the oath is 'required by law' somewhere, including in another state or country. The AG concluded that § 49-4 lets a Virginia clerk administer oaths required by foreign law (Maryland marriage…
Can Tennessee's legislature create a Class E felony where the only punishment is a fine, with no possibility of imprisonment?
Yes, the opinion said. Although fine-only felonies sit awkwardly next to the Criminal Sentencing Reform Act of 1989 (which envisions imprisonment for felonies), the legislature has the constitutional …
Can Florida tourist development tax revenue be used to pay for trash and debris removal on state-owned bridges in the county?
In an informal advisory letter, the Attorney General's Office declined to issue a formal opinion because the question turned on the county commission's authority and the commission did not join the re…
Must a Tennessee flight school be authorized by THEC, and is that state oversight preempted by federal FAA and veterans benefits law?
Yes, the opinion said, a flight school operating in Tennessee must be authorized by the Tennessee Higher Education Commission. Federal law likely preempts state regulation of flight course content and…
Can a Tennessee municipal electric board borrow money and pledge property to provide telecommunications services on its own, or does it need approval from the city or county?
The opinion concluded that an electric power board may exercise the telecommunications powers under Tenn. Code Ann. §§ 7-52-401 to -611, including borrowing money and pledging assets, only if the legi…
What does Delaware AG Opinion 2012-03-12-delawares-motion-to-intervene- (Delaware’s Motion to Intervene in DuPont Trust Case Granted by Florida Court) say?
Wilmington – Delaware Attorney General Beau Biden announced that a Florida court on Friday granted his office’s motion to intervene in a case involving the Alfred I. duPont Testamentary Trust, which f…
What does Tennessee's 'casual exchange' drug offense mean, and could the legislature add community service to the penalty?
The opinion defined 'casual exchange' as the spontaneous passing of a small amount of an illegal drug, regardless of whether money changed hands. It also concluded that House Bill 2285, which would ha…
Can a permit-holder bring a handgun into a Tennessee courtroom when no court is in session, and can the county screen visitors at administrative meetings?
The opinion concluded that Tenn. Code Ann. § 39-17-1306 only bans firearms in courtrooms when 'judicial proceedings are in progress.' During administrative meetings, a permit holder may carry unless t…
Is fish farming or oyster aquaculture covered by Virginia's Right to Farm Act protections?
No. The AG concluded that aquaculture (fish farming, oyster cultivation, and similar aquatic-organism operations) did not qualify as an 'agricultural operation' under Virginia's Right to Farm Act, bec…
Can a Virginia locality impose stricter rules than the state Board of Health on alternative onsite septic systems?
Yes, but with a carve-out. The AG concluded that a Virginia locality could adopt design, siting, and other onsite sewage system requirements stricter than the Board of Health's regulations, except tha…
Can a Tennessee county use taxpayer money to run ads supporting a local sales tax increase on the ballot?
No, the opinion said. Tennessee had no specific statute authorizing the use of county funds to advocate for or against a local option sales tax referendum, and the AG followed other states in concludi…
Can a new Tennessee General Assembly revisit an election contest decided by the previous General Assembly, including to award attorney's fees?
No. The opinion concluded that Article II, Section 11 of the Tennessee Constitution gives each House of each General Assembly the sole power to judge the elections of its own members. A later General …
Can Tennessee bar religious and political nonprofits from partnering with the state Department of Safety without violating the Constitution?
Yes, the opinion concluded. The blanket exclusion of religious and political nonprofits from new partnership contracts with the Department of Safety and Homeland Security was constitutionally defensib…
Can Tennessee require existing red-light camera contracts to comply with future changes in state law without violating the Contract Clause?
Yes, the opinion said. Senate Bill 2779 would have required local governments to include a clause in red-light camera contracts saying the contracts must conform to future changes in state law. The AG…
Can the Tennessee Physical Therapy Board stop a chiropractor from advertising that they offer 'physical therapy' if no licensed PT is involved?
Yes. The opinion concluded the Physical Therapy Board could seek a court injunction and impose civil penalties up to $1,000 per violation against a chiropractor who advertised 'physical therapy' servi…
Can Tennessee pass a law letting (or requiring) water and sewer utilities to give senior citizens a discount on their bills?
Yes. The AG concluded the General Assembly could authorize or require local water and sewer utilities to offer senior citizen discounts. The Tennessee Constitution's equal-and-uniform clause applies t…
Is the Tennessee Housing Development Agency the only entity authorized by Tennessee law to administer the state's Project-Based Section 8 housing voucher contracts with HUD?
Yes. The AG concluded that THDA was the only Tennessee 'public housing agency' under 42 U.S.C. § 1437a(b)(6)(A) with the statutory authority to administer Project-Based Section 8 contracts on a statew…
Can workers' compensation investigators in the State Board's Enforcement Division enforce Georgia's new aggravated identity fraud statute?
Yes, but only in narrow circumstances. POST-certified investigators in the Workers' Compensation Enforcement Division may make arrests and execute search warrants for aggravated identity fraud under O…
Can the Tennessee Real Estate Commission require vacation rental management companies to post a $25,000 surety bond on top of the escrow requirements the Legislature already imposed?
No. The AG concluded that the Commission could not impose a blanket surety bond rule on vacation lodging service firms, because Tenn. Code Ann. § 62-13-104(b)(3)(C)-(D) already prescribes three specif…
Can a Florida railroad 'special officer' also serve as an unpaid reserve deputy sheriff without violating the dual office-holding ban?
Yes. The AG concluded that a special officer for a carrier under Chapter 354 is an 'officer' for dual office-holding purposes (commissioned by the Governor, holding a term, with arrest powers and auth…
Can a Florida county levy a special assessment to fund emergency medical services under section 125.271?
Yes, for qualifying counties. The AG concluded that section 125.271 lets a county within its definitions (including Baker County, a designated rural area of critical economic concern) fund emergency m…
Can a Florida bailiff with a concealed weapons permit carry a gun in the courthouse if the presiding judge gives permission?
Yes. The AG concluded that section 790.06(12)(a)5. lets a presiding judge decide who may carry a concealed weapon in the judge's courtroom, and that this authority necessarily allows the authorized pe…
What does Delaware AG Opinion 2012-02-28-biden-urges-delawareans-to-par (Biden Urges Delawareans to Participate in Federal Foreclosure Review) say?
Wilmington – Delaware Attorney General Beau Biden encouraged Delawareans whose mortgage loans were active in the foreclosure process in 2009 and 2010 to take advantage of an opportunity to have their …
What does Delaware AG Opinion 2012-02-27-biden-announces-video-contest- (Biden Announces Video Contest For High School Students) say?
Annual competition engages young people in tackling senior abuse by raising awareness, encouraging reporting Wilmington – Attorney General Beau Biden today announced that his office has launched its s…
Can a Virginia city tax a contractor's business activities performed on a federal military base?
Yes. Even though the U.S. has exclusive jurisdiction over JEB Little Creek, the Buck Act lets Virginia Beach assess BPOL tax on a private contractor's gross receipts from work there. Whether the contr…
When I appeal a Tennessee General Sessions Court decision to Circuit Court, do I have to post a surety bond on top of paying the clerk's costs, and which court decides whether I'm too poor to pay?
Yes on the bond. The AG concluded that paying costs to the General Sessions clerk under Tenn. Code Ann. § 8-21-401(a) did not satisfy the separate appeal-bond requirement in Tenn. Code Ann. § 27-5-103…
Do Delaware county sheriffs have the legal authority to arrest people?
No, in the AG's view. Responding to a Kent County Sheriff's own question, the AG concluded that Delaware sheriffs and their deputies have neither constitutional arrest power under the historic "conser…
Can Tennessee suspend a doctor, nurse, or insurance agent's professional license because they fell behind on their student loans?
Yes, with proper process. The AG concluded that a bill suspending professional licenses for student-loan delinquency could survive constitutional scrutiny under rational-basis review. The state had a …
Does a police officer standing near a Tennessee red-light or speed camera make the device 'manned,' so that the statutory restrictions on automated enforcement no longer apply?
No. The AG concluded that a traffic enforcement camera remains 'unmanned' under Tenn. Code Ann. § 55-8-198 even when an officer is passively present, as long as the device collects evidence automatica…
Are tax records held by Tennessee cities and counties (like hotel/motel taxes and gross receipts taxes) confidential, or are they open public records?
It depends on the source of authority. The AG concluded Madison and Rhea County hotel/motel tax records were confidential because their authorizing private acts gave the clerks 'powers and duties' und…
Can the same person serve as a Tennessee county's finance director and as a member of the same county's school board?
Yes. The AG concluded that in counties using the County Financial Management System of 1981, the same person could hold both positions. The finance director is a county employee, not an official, so t…
Can a Tennessee county apply its wheel tax to only some categories of vehicles, set different rates for different vehicle types, or create its own exemptions?
Yes to all three. The AG concluded Tenn. Code Ann. § 5-8-102(b) lets counties pick which 'taxable by the state' vehicles bear the wheel tax, set different rates for different vehicle classes, and add …
What rights does someone who files a complaint against a Tennessee lawyer (especially a Board of Professional Responsibility member) have if the complaint is dismissed?
Limited rights. The AG concluded a complainant's rights under Tenn. Sup. Ct. Rule 9 are filing the complaint, getting notice of a recommendation of dismissal, and appealing once to the Board or Chief …
What did Idaho's AG flag about the 2012 ballot initiative to end Idaho's state liquor monopoly and privatize retail liquor sales?
The AG conducted the statutory review of the privatization petition under Idaho Code 34-1809 and noted issues for the petitioners' consideration. As with all certificates of review, the AG took no pos…
What are the rules and enforcement limits for Florida school zone speed limits under section 316.1895?
In an informal advisory letter, the Attorney General's Office said it could not give a formal opinion because a school superintendent is not charged with establishing, designing, or enforcing school z…
Does someone who cannot afford a lawyer have a right to a court-appointed attorney at a Tennessee probation revocation hearing?
Yes. The AG concluded that an indigent defendant facing probation revocation in Tennessee had a right to appointed counsel under Tenn. Code Ann. § 40-35-311(b) and Tennessee Supreme Court Rule 13, Sec…
Can a Virginia prosecutor amend a municipal ordinance charge into the equivalent state-law charge when local police made the arrest, and does a judge have to approve?
Yes, the prosecutor may move to amend such a charge for local arrests, because § 46.2-1308 only restricts amendments for Title 46.2 cases brought by state police. But the amendment is subject to judic…
Are Colorado Charter School Institute schools subject to TABOR's voter-approval requirements for multi-year debt and emergency reserve obligations?
Yes. The AG concluded that CSI Charter Schools are 'districts' under TABOR because they are essentially governmental in nature, are created and primarily funded by the state, perform an essential gove…
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.
- Government guidance: Often clarify how state agencies and officials should interpret statutes.
- Legal research: Cite AG opinions in letters, motions, and legal arguments.