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 Port Jervis Common Council member be appointed acting city court judge when General City Law § 3 forbids the council from appointing its own members to paid city offices and the city charter says the council 'appoints'?
Yes. Filling an acting city court judge vacancy is governed by Uniform City Court Act § 2104(e), which makes it a mayoral appointment with the council's advice and consent. State law on court vacancie…
Did the Idaho AG approve a 2009 ballot initiative establishing a permanent-absentee-voter list for Idaho elections?
Largely yes. The AG concluded the proposed addition to Idaho Code § 34-1002 (creating permanent absentee-voter status for any registered elector who applied in writing) raised no significant legal iss…
Are teacher-made practice tests for AP exams public records you can request from a Florida school district?
Attorney General Bill McCollum concluded that student assessment tests developed by teachers to measure preparedness for college board advanced placement exams are confidential and exempt from the ins…
Can a Florida hospital district legally enter a joint venture with a private company to run a medical center?
In an informal opinion, the Attorney General's office explained that a hospital district like North Broward has broad statutory authority to participate in joint ventures, but only within the limits o…
Under Virginia law, can a Commonwealth's attorney or assistant Commonwealth's attorney carry a concealed handgun into a restaurant that serves alcohol, drink while doing so, or carry on school grounds?
Yes on schools and restaurants, no on intoxication. The 2008 amendments to § 18.2-308(B)(9) gave Commonwealth's attorneys a broad statutory exemption from the concealed weapons prohibition, subject on…
Does an out-of-state company with a Texas headquarters or Texas-based officers have to register with the Texas Secretary of State?
It depends on the facts, and the Attorney General would not decide it in the abstract. The opinion concluded that whether a foreign entity is 'transacting business in this state,' and so must register…
If a city council member deeds away land but keeps the right to its future sale proceeds, does that pull the land out of tax increment financing?
Probably not, on the ownership point. Tax Code section 312.204(d) excludes real property owned or leased by a member of a city's governing body from both tax abatement and tax increment financing. The…
Can a Georgia local government or water authority enforce its stormwater rules against a state Department of Transportation construction project?
No. Local governments and local or regional authorities cannot regulate state agencies and their projects unless the legislature expressly delegates that authority. The model stormwater ordinance prom…
Does a Virginia general contractor's mechanic's lien get invalidated because the lien claimant didn't separately file the required certification of mailing, even when the property owner actually received the notice?
Yes, the lien is invalid. After Britt Construction v. Magazzine Clean (2006), the Supreme Court of Virginia treats § 43-4's certification-of-mailing requirement as a strict statutory prerequisite for …
How are condo garage or dock spaces (limited common elements) taxed in Florida, to everyone or just the unit using them?
Attorney General Bill McCollum concluded that limited common elements in a condominium should be assessed for taxation to the individual units that receive their benefit, not prorated among all owners…
Can you get an outside auditor's working papers for a city audit through a Florida public records request?
In an informal opinion, the Attorney General's office explained that under section 473.318, a CPA's working papers remain the private property of the firm, except for reports given to the client or re…
Can a Texas city hire the county or the appraisal district to collect the special assessments it charges in a public improvement district?
Partly. The Attorney General concluded that Tax Code section 6.24, which authorizes contracts to assess or collect ad valorem property taxes, does not cover special assessments in a public improvement…
When a juvenile and domestic relations court transfers a juvenile to circuit court for trial as an adult and nobody appeals, does the circuit court still have to enter a separate 'enabling order' before the prosecutor can seek an indictment?
No. After the 1996 amendment to § 16.1-269.6(B), a Virginia circuit court only has to review the papers and enter an enabling order if one of the parties appeals the juvenile court's transfer decision…
Can a Florida city or county discipline a state-certified contractor, or only the state licensing board?
In an informal opinion, the Attorney General's office explained that primary authority to discipline state-certified contractors rests with the Construction Industry Licensing Board. Local governments…
Can a New York town build a public library on town parkland without state legislative approval, and can it put the project to a referendum?
Two answers. First: get alienation legislation. New York courts have not squarely decided whether a library is a park-consistent use, and the leading case (Williams v. Gallatin) treats utilitarian str…
Does a Florida clerk have to charge a filing fee to file a domestic violence protection petition?
Attorney General Bill McCollum concluded that a clerk of court may not assess a filing fee for a petition for protection against domestic violence. Section 741.30(2)(a) prohibits that fee 'notwithstan…
Can a Florida CRA use tax increment funds to help build a nonprofit's new facility outside the redevelopment district?
Attorney General Bill McCollum concluded that a community redevelopment agency may spend redevelopment trust funds to relocate displaced site occupants to a new location inside or outside the district…
Can my employer stop me from notarizing documents at work, or keep my notary stamp and record book if I quit?
The Attorney General split the answer. An employer may limit or prohibit an employee who is a notary public from performing notarial acts during working hours, because the common law lets an employer …
Can a Texas county charge a road-cut fee when a company bores under the road instead of cutting through it?
No. The Attorney General concluded that the county road-cut fee in Local Government Code section 240.907 reaches only activities that excavate or cut the surface of a county road. The statute defines …
Can a Texas hospital district pay to build a structure to house a city's ambulance that serves the district?
It is the board's call, within limits. The Attorney General concluded that the Hall County Hospital District has express authority to provide for the operation of a mobile emergency medical service, a…
Are NC state employee sick, vacation, bonus, and compensatory leave balances public records the UNC system must disclose?
Yes. The AG concluded that the 2007 amendment expanding § 126-23's definition of 'salary' to include 'benefits' covered leave time. 'Current benefits' includes accumulated leave balances available to …
Can a Florida officer's vested local pension be forfeited for a crime committed after he moved to a different retirement system?
Attorney General Bill McCollum concluded that section 112.3173 reaches every public retirement system an officer belongs to, not just the one he was actively contributing to when he committed the crim…
Can a Florida newspaper get the names and addresses of people who made 911 medical calls from county EMS records?
Attorney General Bill McCollum concluded that the entire record of an emergency call containing patient examination or treatment information is confidential and exempt from the public records law unde…
Can a Florida county make it a misdemeanor to not pay a civil fine from a county code or animal-control citation?
Attorney General Bill McCollum concluded that Gilchrist County, a noncharter county, had no authority to adopt an ordinance making it a misdemeanor to fail to timely pay a civil penalty imposed under …
Can a Florida county spend infrastructure surtax money to build a facility that will be owned by a private entity or the Navy?
Attorney General Bill McCollum concluded that Escambia County could not use local government infrastructure surtax proceeds to help build a Naval Flight Academy that the county would not own and that …
Can a Florida port district give a grant to build replica boats that will be donated to a museum in Spain?
Attorney General Bill McCollum concluded he could not find that a district purpose would be served by the St. Augustine Port, Waterway and Beach District funding a grant to build two replica boats tha…
Does a Florida farm building with bedrooms and a kitchen used part-time count as residential, and can the county still apply zoning?
Attorney General Bill McCollum reached two conclusions. First, the word residential in section 604.50 does not require full-time occupancy: a structure clearly designed for living (here a barn with tw…
When Northampton County pulls out of a joint planning commission with three Eastern Shore towns that aren't next to each other, do the towns have to set up their own planning commissions?
Yes. Once Northampton County withdraws from the Northampton County Joint Planning Commission, the joint commission cannot continue because the three remaining towns (Eastville, Cheriton, and Nassawado…
After Georgia's 2008 indigent defense reforms, what is the Council's role versus the Director's role at the Public Defender Standards Council?
The Director runs the day-to-day operation of the agency. The Council retains a more limited set of concurrent functions: setting standards, conducting audits, making financial disclosures, receiving …
If a Virginia person designated someone in a § 54.1-2825 writing to handle 'burial' arrangements, can that designee also take over funeral planning, and does the designee outrank the family?
'Burial' is narrower than 'funeral.' A § 54.1-2825 designee has authority to make arrangements to dispose of remains (including interment or cremation), not to plan the funeral itself. The designee is…
Can a Florida city hold a closed meeting to discuss settling a Bert J. Harris Act claim before any lawsuit is filed?
Attorney General Bill McCollum concluded that a town council that has received a pre-suit notice letter under the Bert J. Harris Act is not a party to pending litigation, so it may not hold a closed a…
When a Virginia gas owner does not elect to participate in a compulsory pooling order's options, can the Gas and Oil Board treat their interest as 'deemed leased' to the well operator, and does this amount to a taking without due process or compensation?
Yes, the Board not only may but must include 'deemed leased' language in compulsory pooling orders when gas owners do not elect a statutory option. The mandate comes from the General Assembly under §§…
When the Virginia Gas and Oil Board orders compulsory pooling for a coalbed methane well, can it allow the operator to deduct post-wellhead processing, transportation, and marketing costs from the gas owner's one-eighth royalty?
Yes. The Virginia Gas and Oil Board has broad statutory authority to issue compulsory pooling orders, and its standard order language allowing deduction of post-production costs (gathering, compressio…
Did the Colorado Lottery have to verify the lawful U.S. presence of every retailer license applicant and every winner cashing a ticket above $599?
Mostly no, partly yes. The AG concluded that cashing a winning lottery ticket was not a 'service' triggering the Secure and Verifiable Identity Documents Act, but that a lottery retailer license was a…
Can a Delaware town keep a neighbor's complaint letter confidential even after the mayor mentioned parts of it in public?
Yes, the AG found. The letter qualified as a law-enforcement investigatory file that could stay confidential to protect the complainant's identity, and neither the mayor's partial public comments abou…
Can the Georgia Public Service Commission ignore O.C.G.A. § 46-2-5 and elect its own chairman by simple majority for a two-year term?
No on every count. The chairman-selection statute is constitutional, the PSC has no authority to declare a statute unconstitutional or to disregard it, the chairman must be selected for a one-year ter…
Can a Delaware county require you to pay a records-retrieval fee before it will let you review emails you requested under FOIA?
Yes, the AG found, when the county has a written policy authorizing the charge. Sussex County could require the requester to pay $227.12 in advance for the eight hours of staff time it took to pull em…
Are a Florida city commissioner's private handwritten meeting notes public records the public can request?
In an informal opinion, Assistant Attorney General Lagran Saunders explained that handwritten notes a city commissioner takes purely for personal use, not intended to perpetuate, communicate, or forma…
Can someone with power of attorney change my burial or cremation plans in a prepaid funeral contract?
No. The Attorney General concluded that where a person has specified the method of disposition of their remains in a fully paid prepaid funeral contract, the person's agent under a statutory durable p…
Can an attorney give a school board free legal advice while being paid to collect the district's delinquent taxes?
The Attorney General gave a mixed answer. Because the attorney is an independent contractor, not a district officer or employee, serving both as an unpaid advisor to the board and as the paid delinque…
Can a court force a Texas justice of the peace to change the cause of death on a death certificate?
It depends, and the Attorney General did not give a flat yes or no. A justice of the peace who conducts an inquest signs the death certificate and may reopen the inquest, and a registered certificate …
Does the Texas Open Meetings Act forbid a city charter from letting a majority of the council call a special meeting?
Not on its face, the Attorney General concluded. Rockwall's charter let the mayor or a majority of the council call a special meeting with public notice. The Open Meetings Act does not set procedures …
Can a Texas assistant district or county attorney also work as a criminal defense lawyer in federal court or a neighboring county?
Generally yes, the Attorney General concluded, but with limits. Article 2.08 of the Code of Criminal Procedure bars elected district and county attorneys from being counsel against the State, but it d…
If a Virginia bail bondsman signs a bail bond as an agent for the insurance company that backs it, can the bondsman be sued personally when the defendant skips court and the bond is forfeited?
No. When a Virginia surety bail bondsman signs a bail bond as a disclosed agent for the named corporate surety (and stays within the authority granted by the surety's power of attorney), the bondsman …
Does the Florida Attorney General have authority to act on an audit of a county supervisor of elections?
After the Hillsborough County Attorney forwarded an Ernst & Young audit of the county Supervisor of Elections and asked the Attorney General to take any appropriate action, Assistant Attorney General …
Can a Virginia city like Manassas Park charge every house and every business a flat fee to fund maintenance of city parks and open-space land?
Yes. Senator Charles Colgan asked on behalf of the City of Manassas Park, and the AG concluded that the Open-Space Land Act authorizes Virginia municipalities to impose a flat fee on each residential …
Can a Florida city council member with a concealed weapons permit carry a gun into council meetings as their place of business?
Attorney General Bill McCollum concluded that a city council member may not carry a weapon or firearm into a city council meeting, and that the place-of-business exception in section 790.25(3)(n) does…
Can a Maryland deputy sheriff make someone remove a veil or face covering to enter a courthouse, even if they wear it for religious reasons?
Yes. A deputy sheriff may require anyone entering a courthouse to temporarily remove a mask, veil, or other face covering at the security checkpoint, whether or not the person cites a religious reason…
If a Delaware county already retrieved a batch of emails for one FOIA requester, can it charge a second requester the full retrieval cost again?
No, not unless the county actually has to redo the work, the AG found. Sussex County could reasonably charge $227 for the eight hours of staff time it took to pull emails from its computer system, but…
Who decides whether a foreign country like South Korea is a reciprocating state for enforcing Florida child support orders?
A circuit judge asked the Attorney General to determine whether South Korea is a reciprocating 'state' under section 88.1011(19) for enforcing child support orders. Assistant Attorney General Joslyn W…
Can a Florida board member share a written report with other members before a public meeting without violating the Sunshine Law?
In an informal letter, Assistant Attorney General Joslyn Wilson noted that this office could only issue a formal opinion if a majority of the board requested it. As general guidance, the letter explai…
When is a golf course in a Florida subdivision a common element so its taxes get spread across the lot owners?
Attorney General Bill McCollum answered two questions for the Seminole County Property Appraiser. First, a golf course in a platted residential subdivision that is designated on the plat or site plan …
Can a Florida county use its own fee ordinance to get confidential crash reports during the 60-day exemption period?
Attorney General Bill McCollum concluded that Escambia County could not use its Motor Vehicle Accident Cost Recovery Fee Ordinance to obtain crash reports that are confidential and exempt for 60 days …
Can a Texas county give juvenile board members health insurance, and can the commissioners court later cut it off?
Yes on both counts, the Attorney General concluded. A district judge who sits on a county juvenile board and is paid a supplemental salary by the county may be provided county medical insurance under …
Can a Texas county hire a private firm to collect delinquent court fines without infringing the district attorney's prosecutorial power?
Yes, the Attorney General concluded. Article 103.0031 of the Code of Criminal Procedure lets a county's commissioners court contract with a private attorney or vendor to collect unpaid fines, fees, co…
Can a union get a list of Florida retirees' names and addresses from the state retirement system?
After AFSCME requested a list of all retired Career Service employees, the Department of Management Services asked about its duties under section 121.031. Senior Assistant Attorney General Gerry Hammo…
How can a Maryland State's Attorney get someone's medical records for a criminal case under HIPAA and state law?
Maryland's Attorney General laid out how a State's Attorney can obtain confidential medical records for a criminal investigation or trial while complying with the Maryland Confidentiality of Medical R…
Can a Texas justice of the peace order a truant student to wear an ankle monitor as a condition of probation?
Yes, if the court finds it reasonable, the Attorney General concluded. In a failure-to-attend-school case under Education Code section 25.094, a justice court may defer the case, place the person on p…
Can a Florida city spend its traffic-fine automation money on mobile data terminals and the monthly fees to run them?
Attorney General Bill McCollum concluded that a city may use the traffic-fine money it receives under section 318.21(9) to pay not just for devices like mobile data terminals and portable units (a Bla…
Can a Florida city charge a code violator with a repeat violation when they never fixed the original one?
Attorney General Bill McCollum concluded that a city may not cite and prosecute someone for a repeat code violation under section 162.06(3) based on a prior adjudication of the same violation that has…
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