State AG Opinions
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Could the Tennessee legislature move a piece of property from Davidson County into Wilson County?
Yes, under the conditions described. The Tennessee Constitution allowed the legislature to move property between existing counties as long as no new county boundary came within 11 miles of the old cou…
Can the county that first transported a mental health patient out of county refuse to reimburse the sheriff or law enforcement agency that delivered them?
No. The AG concluded that Tenn. Code Ann. § 33-6-901 created an unconditional obligation on the initial transporting county to reimburse a properly designated secondary transportation agent for any ou…
If a baby is born addicted to drugs in Tennessee, can the mother or the drug dealer be prosecuted?
Under a 2012 amendment, the mother could not be prosecuted criminally for using narcotics while pregnant. The drug dealer who supplied her could still face criminal charges, and the child or estate co…
When a West Virginia sheriff resigns mid-term, must the county commission appoint someone to fill the vacancy, when must an election be held to choose a permanent successor, and can the commission skip the appointment by holding a special election sooner?
The AG concluded the commission has a mandatory duty to appoint a same-party replacement (no specific deadline, but as soon as practicable). The next election to fill the unexpired term must occur at …
Can a Florida agency charge a fee to email public records instead of making paper copies?
Only narrowly. The Attorney General concluded that an agency may charge the 'actual cost of duplication' for records sent by email in place of photocopying, but that cost covers only materials and sup…
Can a Texas home-rule city extend its council members' terms to four years without a charter amendment?
A state representative asked, about home-rule cities generally and the City of Socorro specifically, whether a home-rule city may lengthen its officers' terms from three to four years without first am…
Is a Texas junior college district a 'school district' that can avoid paying city impact fees?
A state representative asked whether a junior college district counts as a 'school district' under section 395.022(b) of the Local Government Code, the provision that lets a school district avoid payi…
Must Texas Medicaid pay the Medicare ambulance deductibles for people on both Medicare and Medicaid?
A state senator asked whether an HHSC Medicaid reimbursement rule (rule 354.1143) conflicts with section 32.050(c) of the Human Resources Code, which says that for an ambulance service provided to a p…
Can a Florida city commissioner also sit on a regional transportation authority board?
Yes. The Attorney General concluded that a city commissioner may serve at the same time on the governing board of the South Florida Regional Transportation Authority without violating the constitution…
Are farm buildings, fences, and signs exempt from a Florida city's zoning and land development rules?
Yes. The Attorney General concluded that section 604.50, Florida Statutes, exempts nonresidential farm buildings, farm fences, and farm signs from 'any county or municipal code or fee,' and that this …
Did the 2012 amendment requiring Tennessee defendants to pay for their own DNA test collection apply to people convicted before the law took effect?
Yes. The AG concluded the $37 DNA collection fee under Tenn. Code Ann. § 40-35-321(b) and (d)(1) applied whenever a non-incarcerated person provided a DNA specimen on or after May 10, 2012, regardless…
Can a Virginia driver be ticketed under § 46.2-716(B) for a clear plastic license plate cover, or does the statute reach only colored covers?
Yes. Although § 46.2-716(B) singles out 'colored' coverings, its catch-all phrase 'other type of covering' that 'in any way alters or obscures' the plate is broad enough to reach clear plastic covers.…
Does Virginia or the federal government have jurisdiction over the Langley Air Force Base West Gate and Search Facility?
Virginia has jurisdiction. The United States never filed a notice of acceptance with the Governor for the land where those two facilities sit. Without that notice, federal law conclusively presumes th…
Does a Virginia company managing short-term condo rentals need a real estate broker's license?
Yes. The AG concluded that a Virginia management company handling short-term rentals (under 30 days) for individually-owned condominium units had to be licensed by the Virginia Real Estate Board and e…
Could Tennessee require both state and private universities to recognize religious student groups that limit leadership to members of the faith?
The AG concluded that HB3576 was probably constitutional as applied to state colleges (mirroring the federal Equal Access Act upheld in Hsu), but constitutionally suspect as applied to private univers…
Is a Virginia HOA's 'declarant control' period (developer keeps the board until enough lots sell) unconstitutional, and can the developer's lawyer also represent the HOA?
The Virginia Property Owners Act does not expressly grant or regulate developer control of a homeowners' association during the early sales period (the 'declarant control period'), so there is no stat…
Can a Virginia county use its zoning power to ban oil and gas drilling, including fracking, within its borders?
No. A Virginia local governing body may adopt reasonable zoning rules about where oil and gas wells can be sited, but it cannot use zoning to ban exploration and drilling entirely within the locality.…
Can a Virginia car-title lender disburse loan proceeds by crediting the borrower's bank account through a debit card or electronic funds transfer?
No. Section 6.2-2215(7) allows disbursement by cash, business check, or debit card, with a no-fee condition on the debit card option. The no-fee condition only makes sense if the 'debit card' is a pre…
When a Tennessee school district hires a contractor to build or renovate a school, does the general public-procurement statute for energy services apply, or just the school-construction statute?
Just the school-construction statute. The AG concluded that Tenn. Code Ann. § 49-2-203, the specific statute governing local education agency procurement of school construction, controlled over Tenn. …
How are charter schools funded in Florida and what money are they entitled to?
Charter school students are funded the same way as students in any other public school in the district, through the Florida Education Finance Program. The AG's office explained that a charter school r…
Does a Florida Highway Patrol trooper get the $5 witness fee for testifying in traffic court off duty?
Sometimes. The Attorney General's office advised that a trooper, like other state law enforcement officers, may receive the $5-a-day witness fee under section 92.142 only when testifying during time t…
Can a Florida police officer enter a home in fresh pursuit to make a misdemeanor arrest?
Generally no. The Attorney General's office advised that, absent valid consent or genuine exigent circumstances, an officer may not cross the threshold of a private home to make a warrantless misdemea…
If a Tennessee defendant is charged with several offenses but posts one bail bond, can the sheriff charge a $5 fee for each charge?
No. Under Tenn. Code Ann. § 8-21-901(a)(3)(C), the sheriff's $5 fee was assessed per bond, not per charge. One omnibus bond covering multiple charges meant one $5 fee. Separate bonds for each charge m…
Can a Tennessee homeowners' association ban backyard beekeeping in its neighborhood?
Yes. Tennessee's beekeeping protection statute (Tenn. Code Ann. § 44-15-124) only blocks counties and cities from outlawing hives, not private HOAs. An HOA's restrictive covenants against beekeeping r…
Does a Virginia farm pond have to be used for crop irrigation to qualify for the Dam Safety Act's agricultural exemption?
No. Irrigation isn't required. The pond just has to be used in a way DCR finds is required for agricultural production. Whether fire suppression for forestland or a pasture pond qualifies is a fact qu…
Can an Illinois trial court appoint the public defender to represent an indigent person facing civil commitment as a sexually violent person?
Yes. The 2012 AG opinion concluded that section 3-4006 of the Counties Code lets trial courts appoint the public defender to represent indigent respondents 'held in custody' under the Sexually Violent…
Does Tennessee charge sales tax when I buy or sell gold and silver coins?
Sometimes. Tennessee sales tax applies when gold and silver coins are exchanged based on their intrinsic value as precious metals or collectibles (e.g., a $50 gold coin sold for $1,800). Sales tax doe…
Can an Illinois state agency reserve some of its accessible parking spaces only for its own employees with disabilities?
No. AG Lisa Madigan concluded that a state agency that provides only the minimum number of accessible parking spaces required by the Illinois Accessibility Code may not designate any of those required…
Could Colorado hire a private 'recovery audit' contractor to comb through tax refund records, looking for refunds the state had issued in error?
No. The AG concluded that issuing a tax refund is not a 'payment activity' under the Recovery Audit Statute, and a taxpayer is not a 'vendor or other entity.' The Statute therefore did not apply to ta…
Can Maryland release the personal email addresses of citizens who sign up for a county newsletter under the Public Information Act?
Maryland's Attorney General concluded that the Public Information Act does not let a records custodian unilaterally withhold citizens' personal email addresses just because releasing them might harm t…
Can a school board's vote to extend a superintendent's contract be thrown out for violating the open meetings law?
Yes. The AG found that the Capital School District Board's failure to tell attendees it planned to reconvene in a second closed session and then vote violated Delaware's open-meetings law, and invalid…
When a city's ethics ordinance carries jail-time penalties heavier than the usual cap on municipal ordinance violations, who can prosecute the violations: the State's Attorney or the city attorney?
The city attorney. AG Lisa Madigan concluded that the State Officials and Employees Ethics Act both requires municipalities to enact ethics ordinances with penalties no less restrictive than the state…
Does Virginia's 100% disabled veteran property tax exemption apply if the veteran lives in a unit owned through a real estate cooperative?
No. The AG concluded that the Article X, § 6-A exemption does not apply to a veteran who is a proprietary lessee in a real estate cooperative, because the statute expressly excludes leasehold interest…
Can an Illinois non-profit hospital refuse to hire someone because that person uses tobacco off the job?
Maybe. AG Lisa Madigan concluded that the Illinois Right to Privacy in the Workplace Act generally bars employers from making hiring decisions based on off-the-job tobacco use, but section 5(b) carves…
Can a Georgia city and county sign a contract with each other for one to handle misdemeanor probation for both, and can a single probation entity work an entire judicial circuit?
Cities and counties could enter intergovernmental agreements for misdemeanor probation services as long as both contracting parties were independently authorized to provide those services. A judicial …
Which of the new misdemeanor crimes the Georgia legislature created in 2012 should require fingerprinting at arrest?
The AG designated 13 of the 16 new 2012 misdemeanors as fingerprintable, including dangerous-dog violations, copper-theft and scrap-metal-recycler offenses, fourth-degree forgery, laser pointing at of…
How do vacancies and abstentions affect a Tennessee county commission's quorum and majority vote count?
Vacancies are not counted: quorum and majority vote are calculated against the actual membership in office at the time of the vote (Tenn. Code Ann. §§ 5-5-108, -109). Two-thirds private-act votes (Ten…
Can a Tennessee car dealer use a vehicle with dealer plates to run a paid bus shuttle service?
Yes, there are restrictions. The AG concluded that Tenn. Code Ann. § 55-4-221(b) lets a dealer operate a vehicle with dealer plates on public highways while it sits in the dealer's inventory for sale,…
Do Florida's Sunshine Law and public records litigation exemptions last through the appeals process?
Generally yes, through appeals. The Attorney General's office gave general guidance that the phrase 'conclusion of the litigation' in both the Government in the Sunshine Law (section 286.011(8)) and t…
Can a senior status federal judge perform a wedding ceremony in Texas?
A district attorney asked whether a 'senior status' federal judge, one who has retired from regular active duty but still hears cases, may conduct a marriage ceremony in Texas. The Attorney General co…
Can a Texas county issue tax increment bonds backed by property tax revenue for a road project?
A state representative asked whether a county may form a transportation reinvestment zone, collect an ad valorem (property) tax increment, and pledge that increment to secure bonds for a transportatio…
Can a Texas city make a development project expire sooner than five years under its own ordinance?
A state representative asked whether the City of Austin's Project Duration Ordinance, which expired development projects on three- or five-year timelines and when permits were not obtained on schedule…
Can Texas Sunset Commission staff see a state agency's confidential files and sit in on its closed meetings during a review?
The Chair of the Sunset Advisory Commission asked whether its staff, while reviewing the State Commission on Judicial Conduct, could obtain that commission's confidential records (including memos cove…
If you serve on a New York state advisory council without pay, does the state still defend and indemnify you if someone sues you over your council work?
Yes. The AG concluded that members of the Security Guard Advisory Council qualify as state 'employees' under Public Officers Law § 17 even though they are unpaid, because they are appointed by the Gov…
Are the deed, lien, and plat images and the index data on Georgia's statewide superior court clerks' database open under the Open Records Act, and can the Authority still charge fees for them?
Both the images and the index data on the Georgia Superior Court Clerks' Cooperative Authority's online system were public records subject to the Open Records Act. But because a separate statute, O.C.…
When could Maryland clerks start issuing marriage licenses to same-sex couples after voters approved same-sex marriage?
Maryland's Attorney General advised that after voters approved the Civil Marriage Protection Act in November 2012, clerks could accept applications immediately and could issue same-sex marriage licens…
What does Delaware AG Opinion 2012-11-28-deputy-attorney-general (Deputy Attorney General) say?
Deputy Attorneys General positions become available on a regular basis in New Castle, Kent and Sussex Counties. Members of the Delaware Bar who are interested in public service are encouraged to submi…
What does Delaware AG Opinion 2012-11-27-administrative-specialist-i (ADMINISTRATIVE SPECIALIST I) say?
Opening Date: November 27, 2012 Closing Date: November 30, 2012 ADMINISTRATIVE SPECIALIST I, (Pay Grade 7) Criminal Division, Superior Court Unit, (Felony Trial) Kent County Job Responsibilities and…
Can a Tennessee general sessions judge ignore courthouse security rules set by the county security committee?
Mostly no. The AG concluded that a general sessions judge probably cannot refuse to follow security and dress rules properly adopted by the County Court Security Committee (of which the presiding judg…
Can Tennessee cut TennCare or quit Medicaid if Congress reduces federal funding?
Yes, Congress can lower federal Medicaid contributions, and Tennessee can scale back TennCare optional benefits or even leave Medicaid entirely. But the AG cautioned that the ACA's 'maintenance of eff…
Can a Tennessee county planning commission make citizens testify under oath at meetings?
No. The AG concluded the Carter County Planning Commission lacks authority to require citizens appearing before it to testify under oath. The 1972 private act creating the Commission doesn't grant tha…
After a school board's raise vote gets invalidated for a notice problem, does redoing that vote have to preview every detail critics want, like an advance copy of a supporting presentation?
No, under the law as it stood in 2012. After the AG invalidated the Capital School District Board's first vote on a 5% administrator raise for lacking proper notice, the AG upheld the Board's redone F…
Can a Texas county probation department pay its bills without the county auditor signing off?
The Cherokee County Attorney asked whether the county's Community Supervision and Corrections Department (the local probation department) could adopt an accounting procedure paying its bills on the Co…
Can a Texas bail bondsman swap out the type of collateral backing their license?
The El Paso County Attorney asked whether a county bail bond board could let a licensed bondsman switch part of the collateral backing his license, for example trading some of a cash deposit for a rea…
Does a sex offender in Texas register with the city police or the county sheriff?
A district attorney asked whether a home-rule city could require sex offenders living inside the city to register with the county sheriff instead of the city's chief of police, after the City of Mules…
Can a foreign medical school get approved to offer courses or clinical training in Texas?
The Commissioner of Higher Education asked whether the Texas Higher Education Coordinating Board could issue a certificate of authority, the credential a private school needs to grant degrees or offer…
Can mobile home owners get Florida relocation money if their park stops being state-regulated?
Yes, if the owner meets the statutory requirements and the trust fund has money. The Attorney General concluded that a mobile home owner who properly applies for relocation payment under Chapter 723 a…
Can a Washington clinical laboratory pay for a doctor's electronic health records software in exchange for the doctor sending lab work to that lab?
No. The Washington AG concluded that paying for a physician's EHR software, when the donations went only to physicians who referred specimens to the donating laboratory, was an unlawful rebate under R…
What does Delaware AG Opinion 2012-11-19-casualseasonal-job-opening (Casual/Seasonal JOB OPENING) say?
Opening Date: November 19, 2012 Closing Date: November 28, 2012 This is a Casual/Seasonal position (maximum of 37.5 hours work per week) without healthcare benefits. Salary will be commensurate w…
Can a Florida county spend tourist development tax money on bike trails, pedestrian bridges, and beach parking?
Yes, with the right legislative findings. The Attorney General concluded that Walton County could use tourist development tax revenue to maintain and expand a tourist-used multi-use pathway and build …
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.