State AG Opinions
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Can a Florida county sell its county-owned airport to a private buyer, and must it use competitive bidding?
Yes, with conditions. Under section 332.08(4) a Florida county may sell its airport to a private party once the county commission finds the property is no longer needed for aeronautical purposes. And …
Is eyelash tinting legal in Tennessee, and which state board regulates it?
Eyelash tinting is not prohibited by any Tennessee law the AG could find, and it falls under the Tennessee Board of Cosmetology because dyeing eyelashes is, by ordinary dictionary definition, the colo…
Can a Delaware school district withhold a lawsuit settlement that a court has ordered sealed?
No, the AG found. Because the settlement agreements in both lawsuits against Brandywine School District had been filed under seal, one fully sealed by a Delaware Superior Court order and the other fil…
What happens in Virginia when a county board fails to adopt a redistricting plan after the decennial census?
The board must reapportion every tenth year using the most recent census data. The AG concluded this is mandatory. If the board fails to act, any citizen may sue for a writ of mandamus to compel adopt…
Are Hanover County's ordinances banning livestock at large, restricting firearm discharge near roads and homes, and limiting loud animal noises constitutional?
Yes, all three. The livestock ordinance is a rational property regulation. The firearm-discharge ordinance is a tailored 'sensitive places' rule that exempts self-defense and leaves carry intact. The …
If a Virginia county fails to adopt a budget, can the circuit court clerk close the office, and what happens to electronic filings?
Yes. The AG concluded that a clerk may close the office when the county has not adopted a budget and the clerk cannot pay employees. The clerk and staff may volunteer, and any electronic-filing functi…
If a Tennessee county commissioner also works for the county, can they vote on issues that affect their department?
It depends on when the county hired the commissioner. If county employment predates the commissioner's initial election, the commissioner may vote on matters concerning the department but must read th…
Can a Texas general-law city ban firearm discharge inside its original city limits?
Yes. The Attorney General concluded that section 229.002 of the Local Government Code does not prohibit a Type A general-law municipality from adopting an ordinance regulating the discharge of a firea…
Does the Florida False Claims Act let someone sue over a false claim made to a city or municipality?
No. Attorney General Pam Bondi concluded the Florida False Claims Act reaches false or fraudulent claims made to state executive-branch agencies, not claims presented to a municipality. A city is neit…
Can recording a 'land patent' or moving property into a 'common law pure trust' get it off the Florida tax rolls?
No. Attorney General Pam Bondi concluded that neither a self-recorded 'Declaration of Land Patent' nor transferring property into a 'common law pure trust' creates any exemption from Florida ad valore…
Did Maine's 2011 voter-ID/registration bill (LD 1376) impose a state-funded mandate on towns and cities under Maine Constitution Article IX, § 21?
The Maine AG concluded that LD 1376 did not constitute a state mandate under Article IX, § 21. Even though it required municipalities to modify activities by adding provisional balloting, eliminating …
Can a member of a Florida public board abstain from a vote just to avoid the appearance of bias?
No. The Attorney General's office explained that under section 286.012 a board member who is present must vote, and may abstain only when there is or appears to be a possible conflict of interest unde…
Does putting a county economic-development director under the county commission make the commission an 'economic development agency' for records confidentiality?
It depends on the charter, which the Attorney General's office will not interpret. If a county charter amendment made the commission part of the economic development agency, then the section 288.075 c…
Can a state-licensed Arizona real estate appraiser appraise a high-value or complex residential property in a private sale, or is that work limited to certified appraisers?
Yes. The AG concluded that A.R.S. § 32-3612(C) lets either a state-licensed or state-certified Arizona appraiser handle any non-federally related transaction, regardless of property value or complexit…
Can Tennessee let only some counties tax liquor barrels, like a private-act tax aimed at Moore County?
Yes. Tennessee can constitutionally let only some counties tax liquor barrels. A general law limited to counties that approved the manufacture of intoxicating liquor before 1950 has a rational basis (…
Can a Florida agency make a public-records requester give a mailing address, show up in person, or explain why they want the records?
No. The Attorney General's office explained that under Chapter 119 an agency cannot make a requester provide a mailing address, appear in person, or reveal why they want the records. The 'reasonable c…
What does land need to qualify as an 'ecological laboratory' for the Texas open-space tax break?
The Attorney General concluded that nothing in the Tax Code requires a chief appraiser to rely on a university's ecological-laboratory research plan and annual report to qualify land as an 'ecological…
When a Virginia deed of trust secures more debt than the property is worth, does the clerk calculate recordation tax on the debt or on the property's fair market value?
On the debt. The AG concluded that § 58.1-803(A) bases the recordation tax on the amount of indebtedness whenever that amount is known. Fair market value applies only when the secured amount is not as…
When water leaks from a Virginia condo's roof or shared pipes and damages a unit, who pays for the repair: the unit owner or the condo association?
By default, the unit owner pays for damage to their unit unless the damage originated in or through the common elements (like a leaking roof or shared pipes); in that case, the association pays. Both …
Can a Virginia school board in Planning District 12 hire a board member's spouse or close relative without violating the Conflicts of Interest Act?
Yes, but only under tight conditions. Franklin County and other Planning District 11, 12, and 13 localities fall under a statutory exception. The board member must recuse and certify no involvement, a…
How does a Virginia county switch from staggered Supervisor elections to a single quadrennial election year?
In Orange County, after the staggered-term ordinance is repealed, § 24.2-220 requires Supervisors in Districts 2, 3, and 5 to be elected to four-year terms in 2011, Supervisors in Districts 1 and 4 to…
Can a Tennessee liquor wholesaler be owned by a parent company instead of by individual people?
No. Under Tenn. Code Ann. § 57-3-203(f), a Tennessee wholesale liquor license can be issued only to a corporation whose stock is owned by qualifying individuals (human beings) who meet residency and c…
Does the Tennessee Board of Pharmacy have veto power over hiring its own executive director?
No. The Division of Health Related Boards may hire the Board of Pharmacy's executive director after considering the Board's recommendation; the Board's explicit consent is not required. The specific P…
What commission can a Tennessee county trustee take on local option sales tax money the state sends them?
One percent. Local option sales taxes collected by the Tennessee Department of Revenue and remitted to a county trustee count as 'money turned over to the trustee by clerks of the courts and other col…
Are sheriff's offices, police, and fire departments exempt from Tennessee's x-ray machine registration fee?
Yes. The AG concluded that 'public safety agencies' in Tenn. Code Ann. § 68-202-503(d) carries its plain meaning and covers law enforcement, firefighters, first responders, and other entities whose pu…
Can Tennessee make homeschooled kids take the TCAP and other state tests?
Yes, with one limit. Tennessee can require homeschooled students to participate in TCAP, Gateway, End of Course, and similar state assessments. Federal law (No Child Left Behind, 20 U.S.C. § 7886(b)) …
Did Illinois's legislative budget commission have to approve every state-employee health insurance contract, or just the decision to self-insure?
The Commission on Government Forecasting and Accountability had authority under § 6.2 of the State Employees Group Insurance Act to approve or disapprove the Director's recommendation that the State s…
Can Connecticut require an out-of-state lender that solicits Connecticut residents by mail, phone, or internet to get a small-loan license, and does that violate the Commerce Clause?
Yes to the first, no to the second. The AG concluded that the 2009 amendments to Conn. Gen. Stat. § 36a-555 reached out-of-state lenders who solicited Connecticut consumers by mail, telephone, or elec…
If a Connecticut superintendent gets a state waiver instead of a teaching certificate, can they earn pension credit in the Teachers' Retirement System?
No. A superintendent who held only a § 10-157(c) certification waiver letter, not a State Board of Education certificate or permit, did not meet the statutory definition of 'teacher' or 'member' and t…
What did Idaho's AG say about the 2011 ballot initiative making animal torture a felony?
The AG found the petitioner-supplied short and long ballot titles appropriate under Idaho Code 34-1809(2). The initiative amended the state's Cruelty to Animals chapter to add felony penalties for rep…
Can a Virginia volunteer fire department bill a homeowner's or auto insurance policy after responding to a fire call?
No. The AG concluded that volunteer fire and rescue squads have no statutory authority and no implied-contract right to bill a beneficiary's home or auto insurance policy for responding to a fire emer…
Can Virginia's budget bill raise a fee set by a Code section without re-enacting and republishing that Code section, or does Article IV, § 12 of the state constitution forbid it?
Yes, it can. The AG concluded that the 2011 budget bill's provision doubling the Trauma Center Fund fee in § 18.2-270.01(A) was constitutional because the budget did not literally amend the Code secti…
Can a Virginia prosecutor amend a state police DUI charge to a local ordinance violation?
Yes. Section 46.2-1308 only blocks amending Title 46.2 (motor vehicle) charges by state police to local ordinances. It does not block amending charges under other titles, like § 18.2-266 DUI. So a pro…
Does a Virginia clerk have to call the district courts before issuing a concealed handgun permit?
No. The CCRE criminal records report and consultation with local law enforcement satisfy the statute. The clerk is not required to verify pending charges with the general district or juvenile and dome…
How long does Tennessee's medical board have to bring a disciplinary case against a doctor?
There is no statute of limitations on disciplinary actions against a physician's license in Tennessee. The one timing rule is in Tenn. Code Ann. § 4-5-320(c): if the Board has summarily suspended a li…
Was Tennessee's 2011 'Lawful Immigration Enforcement Act' constitutional?
The AG flagged three serious constitutional problems with the proposed Lawful Immigration Enforcement Act. Sections that let private voters sue to compel state and local officials, including the Gover…
Does the original Tennessee Executive Residence Preservation Foundation still have any official role over the Governor's mansion?
The original Tennessee Executive Residence Preservation Foundation, a 1971 nonprofit, lost its statutory duties over the Governor's mansion in 1999, when the General Assembly transferred them to a suc…
What must be reported to a school when a student on juvenile parole enrolls in Texas?
The Attorney General concluded that when a youth on parole from the Texas Youth Commission enrolled in a new school district and had been convicted or adjudicated, the agency had to give the superinte…
Who decides where a medical helicopter lands at a car accident scene, the sheriff or the fire department?
The Attorney General concluded that neither the sheriff's office nor the fire department has the final say on where to land a helicopter at a motor vehicle accident scene. No Texas statute, court deci…
Can a Texas city require contractors to sign a project labor agreement to bid on public work?
The Attorney General did not give a yes-or-no answer. The opinion concluded that whether requiring a project labor agreement (PLA) as a condition of bidding violates section 271.121 of the Local Gover…
Can a Texas county commissioners court set work hours and dock pay for employees of elected officials?
The Attorney General concluded that a county commissioners court in a populous county may set a 40-hour workweek by rule and likely may withhold partial salaries and benefits from employees who work l…
Did a Delaware county council violate open-meetings law by hiring a new administrator through closed-door committee sessions?
Partly, the AG found. Sussex County Council improperly redacted executive-session minutes without explanation and held one improper executive session, but later public meetings fixed that; its search …
Can an Arizona radiology technician take an x-ray based on a doctor's standing order for a condition, or do they need a fresh order for each patient?
Yes. The AG concluded that A.R.S. § 32-2811's requirement that a certified technologist work 'in each particular case at the direction of a licensed practitioner' refers to a particular medical condit…
If a payday lender takes an electronic debit instead of a paper check, do Tennessee's payday-loan rules still apply?
No. The AG concluded that 'check' under Tennessee's Deferred Presentment Services Act (the state's payday-loan statute) means a conventional paper check signed by the maker. Electronic fund transfers …
If a city owns a museum but runs it through a partnership with a nonprofit, does the state's blind-vendor preference still apply to the gift-shop snack bar?
Yes. The AG concluded that the Blind Vendors Program reaches any vending facility on city- or county-owned property, even if the property is run jointly with a nonprofit. The city or county also canno…
What can a Texas city do if no local newspaper qualifies to publish its legal notices?
The Attorney General concluded that a newspaper used to publish a political subdivision's official notices must meet the requirements of Government Code section 2051.044, including holding a second-cl…
Can a Texas court order emergency medical treatment of a jail inmate under Health and Safety Code 773.008?
The Attorney General concluded that section 773.008(2) of the Health and Safety Code does not, by itself, give a court of record the authority to order emergency medical treatment of a local jail deta…
Can Shelby County, a Tennessee charter county, shorten one term of the county Assessor from four years to two years through a charter referendum so that the Assessor election cycle aligns with other county offices?
The AG concluded yes. The four-year-term requirement in Tenn. Const. art. VII, § 1, paragraph 1 does not apply to charter counties created under paragraph 3 of the same section, per *Jordan v. Knox Co…
Can a Tennessee county commission, on its own authority, close several public schools and consolidate them into one to free up the savings for debt service payments?
The AG concluded no. Tenn. Code Ann. § 49-2-203 assigns the power to manage, control, close, and consolidate public schools to the local board of education, not the county commission. A decision to cl…
Would the 2011 Equal Access to Intrastate Commerce Act, which prohibits Tennessee cities and counties from adding antidiscrimination protections beyond what state law recognizes, conflict with the contract authority of municipalities under Tenn. Code Ann. § 6-2-201, and would its retroactive nullification of existing local ordinances violate the federal or state contract clauses?
The AG concluded no on both fronts. The Bill does not conflict with the general municipal contracting authority in § 6-2-201, and even if it did, a later-enacted specific statute controls over an earl…
Can a Florida city charter require voter approval before changing or repealing an ordinance the voters enacted?
The Attorney General's office declined to rule on the validity of an existing Treasure Island charter clause requiring voter approval to amend or repeal voter-enacted ordinances, because it presumes e…
Can a Florida officer pat down a truant or runaway minor for weapons before driving them, without suspecting a weapon?
Yes. Attorney General Pam Bondi concluded that an officer who has taken a truant or other minor into custody under section 984.13 and must transport them may perform a limited weapons frisk before pla…
If a tax certificate is sold after a tax-deed application but before the sale, how is that lien handled?
A tax certificate sold after someone applies for a tax deed but before the sale is a first lien on the property and is not included in the minimum opening bid under section 197.502(6). It survives the…
Can a Florida city appoint one of its own commissioners to serve on a special district's board of directors?
The Attorney General's office declined to rule for the Valparaiso commission, but offered general guidance: the Florida Supreme Court has held no Florida common-law rule bars a governmental body from …
What can a Tennessee county do when a utility district inside it fails to provide service or operates at a substantial loss? Can the county dissolve the district, take over its service area, assume its debts, or force it into receivership?
The AG concluded that (1) a county legislative body has no unilateral authority to dissolve a utility district; only the district itself can initiate dissolution by transferring to a city or county un…
Could Maine's LD 340 constitutionally bar federally certified foreign workers from working in timber harvesting on Maine state lands?
No. The AG concluded LD 340 was unconstitutional on two grounds: federal preemption (because the federal foreign-worker certification program already determines who can lawfully work in U.S. timber jo…
Can a Virginia city keep the money collected from red-light camera tickets, or does it have to go to the state Literary Fund?
The city can keep it. Red-light camera penalties under § 15.2-968.1 are civil monetary penalties, not criminal fines. The Virginia Constitution requires only criminal fines for offenses against the Co…
Would Tennessee's 2011 voter photo ID bill (HB 0007/SB 0016), which requires in-person voters to show photo identification but does not provide a free state-issued ID for those who lack one, survive constitutional challenge as a poll tax under the Twenty-Fourth Amendment and Equal Protection Clause?
The AG concluded that the bill, as drafted, would likely be struck down as a poll tax. The U.S. Supreme Court upheld Indiana's photo ID law in *Crawford v. Marion County Election Board* (2008) only be…
Can Tennessee terminate a parent's rights under Tenn. Code Ann. § 36-1-113(g)(6) for a long criminal sentence imposed while the child was under 8, even after the parent has finished the sentence and been released?
The AG concluded yes. Tenn. Code Ann. § 36-1-113(g)(6) requires only that the parent was confined under a sentence of ten or more years entered when the child was under eight; the statute does not req…
Would Tennessee's 2011 Exclusionary Rule Reform Act (HB 401), which would let courts admit search-warrant evidence despite statutory or Rule 41 violations as long as the error was a 'good faith mistake or technical violation' and no constitutional rights were violated, survive constitutional review?
The AG concluded the bill is constitutional. It does not purport to admit evidence obtained in violation of the U.S. or Tennessee constitutions, so it does not create a statutory good-faith exception …
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