State AG Opinions
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What does Delaware AG Opinion 2012-02-16-greenwood-man-charged-with-def (Greenwood Man Charged with Defrauding Infirm Senior Out of Over $50,000) say?
Georgetown – A 42-year-old Greenwood man has been arrested and charged with financial exploitation of an infirm adult after investigators discovered he had fraudulently pocketed over $50,000 from his …
Can two Tennessee city-owned electric systems team up under the Interlocal Cooperation Act to jointly provide cable, video, or internet service across their combined service areas?
Yes, within their existing service areas. The AG concluded that municipal electric boards could contract with each other under the Interlocal Cooperation Act to jointly exercise their authority to pro…
Would a Tennessee law requiring the governor to designate a 'Tennessee's Day of Prayer' violate the First Amendment's Establishment Clause?
No. The AG concluded that the proposed Tennessee's Day of Prayer legislation could not be successfully challenged under the Establishment Clause. The law imposed no obligation on citizens, paralleled …
Can a Florida county adopt a 'piggyback' procurement policy for road construction instead of competitively bidding to the lowest responsible bidder?
In an informal advisory letter, the Attorney General's Office said it could not formally review the county's resolution, but offered guidance: sections 336.41(4) and 336.44 require county road constru…
Can a Tennessee county apply its courthouse-security litigation tax to some types of cases (or courts) and not others?
No. The AG concluded the privilege tax authorized by Tenn. Code Ann. § 67-4-601(b)(6) had to be levied on all civil and criminal cases in all courts within the county. The word 'all' in the statute de…
Did Maine State Treasurer Bruce Poliquin's ownership of the Popham Beach Club and his real estate development company Dirigo Holdings, LLC violate the Maine Constitution's prohibition on the Treasurer engaging in 'any business of trade or commerce'?
Maybe, depending on activity. The AG concluded that passive stock ownership is permissible but active business operation likely is not. The constitutional ban in art. V, pt. 3, § 3 has very little cas…
Can a Virginia locality limit a design-build construction selection to five qualified offerors?
Yes. The AG concluded that a Virginia locality (the request came from Virginia Beach) could adopt design-build construction procurement procedures that limit selection to no more than five offerors de…
Can the Tennessee legislature pass a law that changes annexation rules for just one county or one piece of land?
Probably not. The AG concluded that both SB 3703 (moving a specific Shelby County tract out of Memphis's reserve area) and SB 3702 (changing annexation and deannexation rules only for counties with mo…
Can a Washington Department of Health inspector enter an occupied hotel or motel room with the guest's permission to check for health and safety violations as part of a routine licensing inspection?
No. RCW 70.62.250(2) specifically prohibits the Department of Health from entering occupied rooms during transient-accommodation inspections, even if the guest is present and consents. The proviso is …
If Washington state law only requires Seattle restaurants to accommodate trained guide dogs and miniature horses, can Seattle still enforce its broader ordinance covering more types of service animals?
Yes. RCW 49.60.218 narrowed state law's service-animal accommodation requirement for food establishments to dogs and miniature horses, but it does not preempt a first-class city's ordinance requiring …
Could Maine constitutionally use Highway Fund revenue (collected from gas taxes and vehicle fees) to subsidize the Maine State Ferry Service that connects mainland communities with offshore islands?
Yes, with caveats. The AG concluded that the 1996 AG opinion (Op. 96-11) remained defensible: Highway Fund money could be used for ferries whose 'principal purpose is the transportation of motor vehic…
Does Florida farmland lose its agricultural tax classification just because the owner puts it up for sale?
In an informal advisory letter, the Attorney General's Office declined to address matters pending before the Polk County Value Adjustment Board, but offered general guidance on Chapter 2010-277: secti…
Can the Texas appraiser board regulate 'uniform and equal' studies done by property tax appraisers?
Largely yes. The Attorney General explained that chapter 1103 of the Occupations Code does not regulate only 'appraisals'; it regulates the licensing and certification of appraisers, who must follow t…
Does Texas nepotism law stop a school superintendent from reassigning their spouse to another campus?
No. The Attorney General concluded that a superintendent of an independent school district is not a 'public official' subject to the anti-nepotism provisions of chapter 573 of the Government Code when…
How is the 5% cap on alternative investments calculated for the Georgia Firefighters' Pension Fund: by committed amount, current market value, or actual cost paid?
By aggregate historical cost. The Attorney General read O.C.G.A. § 47-7-127(d)'s 5% limit together with O.C.G.A. § 47-20-82(c)'s rule that 'any investment limitation based upon the amount of the fund'…
Does deducting the new 5% VRS retirement contribution from an injured Virginia state worker's pay create a workers' comp penalty?
No. The AG concluded that a state payroll check carrying the new 5% Virginia Retirement System member contribution still counted as a 'regular payroll check' under § 65.2-524, so the Commonwealth face…
Can a Tennessee utility district charge a 'growth and development fee' or 'impact fee' on new construction, and what makes such a charge a legal fee instead of an illegal tax?
Yes, within limits. The AG concluded that utility districts under the 1937 Utility District Law could charge fees on new development if the proceeds were used only to provide and expand service to fee…
Does a Virginia drug-manufacturing or drug-by-fraud felony conviction disqualify someone from food stamps?
Yes. The AG concluded that felony convictions for manufacturing controlled substances (§ 18.2-248) or obtaining them by fraud (§ 18.2-258.1) triggered the federal food stamp disqualification, because …
How would Virginia's proposed eminent domain amendment change just compensation, lost access, and lost profits rules?
The AG previewed Virginia's proposed eminent domain constitutional amendment. It would not expand 'damages' to cover ordinary inconvenience; police-power traffic regulations and temporary street closu…
Can a Florida police department record incoming and outgoing phone calls, and is a beep enough notice that a transferred call is still being recorded?
The AG concluded that once a caller is told at the start that the line is recorded, a periodic audible beep is sufficient notice (and implied consent under section 934.03(2)(d)) that a transferred cal…
After Florida rewrote its Power of Attorney Act in 2011, are military springing powers of attorney made under 10 U.S.C. 1044b still valid in Florida?
Yes. The AG concluded that the second sentence of the military power-of-attorney provision does not limit the first, so all 'springing' military powers of attorney executed under 10 U.S.C. section 104…
Can a Florida city change its police and firefighter pension board by ordinance, including who serves on it and what counts as a quorum?
Two different answers. The city could not add criteria for picking the board's fifth member, because section 185.05(7) forbids a participating municipality from altering that section. But nothing in C…
Does a Florida city housing authority have exclusive power to run all public housing projects within the city?
Yes. Attorney General Bondi concluded the Lauderhill Housing Authority, created by city resolution under Florida's Housing Authorities Law, was the exclusive public body authorized to administer housi…
Can a Florida county sell eminent domain property back to its former owner below the acquisition price after the market value dropped?
No, not as a straight buy-back below the original price. The AG concluded that under section 73.013(1)(f), within 10 years of a taking a county must give the former owner the chance to repurchase only…
Is section 95.18(7) the only way a Florida property appraiser can remove an adverse possession notation from the tax roll?
Yes. The AG concluded that section 95.18(7), as amended in 2011, is the legislatively prescribed (and exclusive) method for a property appraiser to remove an adverse possession notation from a parcel'…
Can a Virginia state legislator raise funds for a federal candidate during the General Assembly session?
Yes. The AG concluded that § 24.2-954's ban on fundraising during a regular General Assembly session reached only campaigns for state offices, not federal ones. A Virginia legislator could raise funds…
Could the Colorado State Board of Education approve Innovation Schools Act waivers for a brand-new school that didn't yet have any teachers, administrators, or accountability committee?
Yes. The AG concluded that the Innovation Schools Act of 2008 was meant to expand local-school-district flexibility, that the majority-support evidence requirement in § 22-32.5-104(3)(f) only applied …
Can a Texas mental health facility arrange to transport a patient to a state hospital after just a preliminary examination?
Not on its own. The Attorney General concluded that the transportation statute, section 574.045 of the Health and Safety Code, covers people detained under sections 573.022 and 574.023, but not someon…
Can a Texas HOA board that's subject to the Open Meetings Act meet by phone conference call?
Generally no. The Attorney General concluded that the board of trustees of the Clear Lake City Community Association, a property owners' association made subject to the Open Meetings Act, may not hold…
How is a vacancy on a Texas junior college district board filled, and how can you challenge a trustee who no longer lives in the district?
The Attorney General gave two answers. To test whether a trustee vacated the seat by moving out of the single-member district that elected the trustee, the opinion said a court could decide the questi…
What law enforcement powers do officers of a Tennessee judicial district drug task force have, and is it constitutional to fund a task force entirely from asset forfeitures?
The AG concluded that an officer assigned to a drug task force by a constituent agency could exercise the full powers of that agency throughout the judicial district. An officer hired directly by the …
Can a member of a Tennessee economic development board personally benefit, including by selling land, from a deal involving a company the board helped recruit to the county?
Sometimes. The AG concluded a Joint Economic and Community Development Board member could not be a direct party to any contract the member had a duty to vote on, let out, or supervise. A private land …
If Oregon law tells law enforcement officers to return seized medical marijuana to a card-holder, but federal law makes possessing or distributing marijuana a crime, do the officers have to return the marijuana, and if they do, are they breaking federal law?
The AG concluded the federal Controlled Substances Act likely preempted ORS 475.323(2)'s return-the-marijuana requirement, leaving the state requirement 'without effect.' Officers returning seized med…
Did the 1992 Education Improvement Act override an older private act that gave the Maury County Quarterly Court the power to elect school board members?
Yes. The AG concluded that Tenn. Code Ann. § 49-2-201(a)(1), enacted as part of the 1992 EIA, required Maury County school board members to be popularly elected, overriding the 1973 private act provis…
Can a single county commissioner in Florida ask a department head for records without the whole board's approval or a public records request?
Informally, yes. The office said it was aware of no Florida law or Suwannee County ordinance requiring an individual commissioner to get the full board's permission before asking staff for information…
Can an out-of-state housing authority's corporate arm operate as a public housing authority in Delaware?
No, the AG found. Only a housing authority created and operating under Delaware's exacting statutory process, certified by the Delaware State Housing Authority and appointed by the Governor and local …
Can Tennessee constitutionally divert state sales tax revenue to a municipality near a state border to help finance a large retail or tourism development?
Yes. The AG concluded that the 2011 Border Region Retail Tourism Development District Act served a public purpose, so diverting state sales tax to municipalities for these projects did not violate Art…
Can Tennessee legally stop funeral homes from discounting prepaid funeral contracts, or does that violate antitrust or commerce laws?
No. Tennessee's prohibition on discounting prearranged funeral contracts under Tenn. Code Ann. § 62-5-409(c) is a valid exercise of state authority. It is exempt from the Sherman Antitrust Act under t…
Can Tennessee charge a backyard egg seller a license fee under the Food, Drug and Cosmetic Act if they are exempt from the Egg Law?
No. A buyer, seller, or processor of eggs who is exempt from licensure under Tenn. Code Ann. § 53-2-107(2) of the Tennessee Egg Law cannot be required to obtain a license under the Tennessee Food, Dru…
Can a Tennessee cow-share owner make and use butter from the cow's milk, and can the state charge a license fee for selling backyard-flock eggs?
Two answers. (1) An 'independent or partial owner' of a hoofed mammal under Tenn. Code Ann. § 53-3-119 can use a dairy product made from the animal's milk for personal consumption or other personal us…
How do Tennessee's milk-pricing rules treat brand matching, volume rebates, and store loyalty cards when figuring out whether a retailer is selling below cost?
Four answers. (1) A retailer claiming the good-faith 'meet competition' exemption under Tenn. Code Ann. § 53-3-204(7) does not need to match the competitor's brand; matching by product type (whole mil…
Can Georgia's Office of the State Treasurer enter into repurchase agreements and reverse repurchase agreements when managing state investment and liquidity needs?
Yes. The Office of the State Treasurer is authorized to enter into both repurchase agreements (selling securities with a buyback commitment) and reverse repurchase agreements (buying securities with a…
Can the Village of Port Chester cap pawnbroker interest rates and redemption periods more strictly than General Business Law §§ 46 and 48?
The AG concluded that General Business Law §§ 46 and 48, governing pawnbroker interest rates and redemption periods, preempted local regulation. The Village of Port Chester's stricter local code provi…
Do General City Law § 81 or the Peekskill city charter govern terms of office and start dates for zoning board of appeals members?
The AG concluded that the Peekskill city charter governed the terms of office and the dates on which ZBA members' terms began. General City Law § 81 was a special law (excluding NYC), did not relate t…
Can a New York town set up a second, special planning board limited to reviewing site plans within a planned development district, alongside its regular planning board?
The AG concluded that a town board could establish a second, special planning board limited to reviewing site plans within a proposed planned development district. Town Law § 274-a(2) supplied direct …
Does a Florida school district have to give its employees' Social Security numbers to the teachers union?
Mostly no. Employee Social Security numbers held by a school district are confidential and exempt. A union claiming to be a 'commercial entity' can reach them only to verify numbers it already receive…
Can the Texas Comptroller refuse to pay unclaimed property proceeds directly to a company that bought the claim?
Most likely yes. The Attorney General did not lay down a flat rule, but concluded that because the Comptroller is the agency charged with enforcing Property Code section 74.501, a court would defer to…
Can a Texas navigation district develop, run, and pay for a public park like Rockport Beach Park with district tax revenue?
In part. The Attorney General concluded that the Aransas County Navigation District is authorized to have and maintain parks and recreation facilities, but only to the extent the park is necessary or …
When two Texas bills amend the same groundwater law in conflicting ways, which version controls?
The Attorney General concluded that House Bill 3109 prevails. Both bills passed by the 82nd Legislature amended Water Code section 36.121, which exempts certain wells from groundwater conservation dis…
Can a Florida county outside Miami-Dade or Broward authorize slot machines at a pari-mutuel facility through a local referendum?
No. Attorney General Bondi concluded the state could not license slot machines at a pari-mutuel facility in a county that simply held a referendum. Under section 551.102(4), a county outside Miami-Dad…
Does Tennessee's 2,000-foot beer-permit buffer around 'places of public gathering' apply to a small cemetery that sells no plots and almost no one visits?
It depends on the facts. Whether a particular cemetery is a 'place of public gathering' under Tenn. Code Ann. § 57-5-105(b)(1) is a question of fact, decided case by case. Some cemeteries (active, pub…
Can a Tennessee state agency use a worker's disciplinary record to deny the across-the-board 1.6% raise from the 2011 budget?
Yes. The 2011 Appropriations Act gave the executive branch wide discretion to administer state salary increases. Section 49 of the Act provides a 1.6% across-the-board raise except for employees denie…
Can a school board approve a raise for administrators by adding it to the meeting agenda only after the meeting has already begun?
No, under the law as it stood in 2012. The AG invalidated the Capital School District Board's vote granting administrators a five percent raise because the item never appeared on the agenda until afte…
Does Virginia's agritourism statute definition of 'agricultural products' control zoning under § 15.2-2288?
No. The AG concluded that the agritourism-liability statute's § 3.2-6400 definition of 'agricultural products' did not control how that phrase was used in § 15.2-2288 (the zoning preemption for produc…
Does a private company building on leased public airport land have to post a performance and payment bond under Florida law?
Yes, under the lease. The Attorney General's office gave informal comments noting that the answer turned on Ground Lease 2003-08, which expressly required the lessee to provide a section 255.05 paymen…
If a vendor files a protest while an Illinois state contract is still being bid out, can the agency award the contract before resolving the protest?
No. AG Lisa Madigan concluded that the Illinois Department of Revenue improperly awarded a 10-year beverage vending and pouring rights contract to PepsiAmericas while a Nedlog Company protest of the R…
After Tennessee's 2011 campaign finance amendment, do LLCs have to register as political campaign committees and follow corporation rules?
No. The 2011 amendment adding 'corporation' to the political campaign committee definition in Tenn. Code Ann. § 2-10-102(12)(C) does not pull LLCs in, because Tennessee law treats LLCs as distinct fro…
Are Illinois public school districts subject to the local zoning ordinances of the cities and counties they sit in?
Generally yes. AG Lisa Madigan concluded that school districts must comply with municipal and county zoning ordinances unless compliance would frustrate the district's statutory objectives. If a distr…
Can a Texas county still collect on a bail bond forfeiture judgment that is more than twelve years old?
Yes, in most respects. The Attorney General concluded that a bail bond forfeiture judgment is a judgment in favor of the state, so under Property Code section 52.006(b) it does not become dormant if i…
Can the Texas Higher Education Coordinating Board set up complaint procedures for colleges, including religious schools?
Yes. The Attorney General concluded that Education Code section 61.031 gives the Texas Higher Education Coordinating Board authority to adopt procedures for handling, investigating, and resolving comp…
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