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 Virginia town council member also serve on the county school board at the same time?
Yes. The AG concluded that a citizen could serve simultaneously on a town council and on the county school board for the county containing that town, so long as the usual residency and other eligibili…
If someone challenges my nominating-petition signatures, can supporters donate to a legal defense fund without those donations counting as campaign contributions?
No, those donations are not contributions. The AG concluded that a fund used solely to defend a candidate's lawsuit over nomination-petition signatures is not 'influencing an election' in the campaign…
Can a Florida city still charge gun dealers and gunsmiths a local business tax after the 2011 firearm preemption law?
Yes. The AG concluded that although Chapter 2011-109 preempts the entire field of firearm regulation to the state, a Chapter 205 local business tax is a revenue tax on the privilege of doing business,…
Can a Florida school board remove or destroy an employee evaluation that was filed without following the statute?
No. The AG concluded that an assessment of an assistant superintendent's performance was a public record and part of his personnel file even though the superintendent filed it without discussing it wi…
Can a Florida county force its employees and elected officials to join its self-insured health plan?
No. The AG concluded that section 112.11, Florida Statutes, makes participation in local-government group insurance entirely voluntary, so Monroe County could not require its employees and elected off…
Can a Florida county ban or regulate recreational firearm discharge in residential neighborhoods?
No. The AG concluded that section 790.33, Florida Statutes, preempts firearm regulation to the state, so Santa Rosa County could not regulate recreational firearm discharge in residentially zoned area…
Does the Tennessee State Board of Accountancy alone set its staff's compensation, or does some other state official have to sign off?
The Tennessee State Board of Accountancy has the authority to establish compensation for its Executive Director and other professional staff under Tenn. Code Ann. § 62-1-105(c)(1). That includes the a…
Can a pop-up gold and jewelry buyer in Tennessee move purchased items to a separate storage facility during the 30-day holding period?
No. The plain language of Tenn. Code Ann. § 38-1-202(a) requires those who make qualifying purchases of jewelry and precious metals to hold them, for the required 30-day holding period, at 'the place …
If sales tax revenue falls short of estimates, does a Tennessee county still have to fully fund its schools at the budgeted level?
Yes. A Tennessee county operating under the County Budgeting Law of 1957 must fully fund its school system as budgeted, at least to the level of estimated maintenance of effort, from non-sales-tax rev…
Does Tennessee's sales tax violate the U.S. Constitution's bans on state taxes on imports and exports?
No. The Tennessee Retailers' Sales Tax Act, Tenn. Code Ann. §§ 67-6-101 et seq., imposes a privilege tax on the retail sale and use of tangible personal property in Tennessee. It is not a tax on impor…
What happens if a Tennessee city fails to appoint a successor utilities commissioner when the term expires?
The office is not vacant. Under Article VII, Section 5 of the Tennessee Constitution, 'every officer shall hold his office until his successor is elected or appointed, and qualified.' An incumbent uti…
Is a Texas notary public a state 'officer' under Government Code chapter 603?
The Attorney General could not say for sure. The opinion concluded that it could not definitively determine whether a notary public is a state 'officer' for purposes of Government Code chapter 603. So…
Does Tennessee's 2011 low-income housing tax credit allocation plan satisfy federal requirements to favor projects in poor census tracts?
No. The Tennessee Housing Development Agency's 2011 Qualified Allocation Plan does not conflict with the federal LIHTC preference for projects in qualified census tracts (QCTs) under 26 U.S.C. § 42(m)…
Can Virginia appropriate state funds to nonprofit land trusts for conservation, or does Article IV, § 16 forbid it?
Gifts to land conservation nonprofits are forbidden under Article IV, § 16 (prohibition on appropriations to charitable institutions not owned or controlled by the Commonwealth). But bona fide contrac…
Can an Arizona community college give in-state tuition to a student who is not lawfully present in the U.S., or use a special tuition tier to get around Proposition 300?
No on all three. Proposition 300 (codified at A.R.S. §§ 15-1803(B) and 15-1825(A)) prohibits Arizona community colleges from charging in-state or county-resident tuition to students who are not lawful…
Who appoints successor directors to a Texas regional mobility authority board?
The county commissioners court. The Attorney General concluded that for a single-county regional mobility authority, the commissioners court that made the initial appointments is the 'appointing autho…
Can a Florida county spend public money to maintain a private road that school buses use?
No, not for free. The AG reaffirmed prior opinions holding that a county cannot spend public funds to repair or maintain a private road, even when the owner lets school buses use it, because public mo…
Can a Texas court appoint a lawyer for a criminal defendant who isn't indigent?
Sometimes. The Attorney General concluded that although a court usually has no duty to appoint a lawyer for someone who is not indigent, it may do so in proper circumstances when the interests of just…
Can a consolidated Texas municipal utility district charge different debt tax rates in different areas?
Generally yes. The Attorney General concluded that a court could uphold a consolidated municipal utility district charging different debt service tax rates on land in each of the former districts, to …
Can a Texas state-chartered credit union charge the higher interest rates federal credit unions can?
No, not for interest rates above the state cap. The Attorney General concluded that although Finance Code section 123.003 gives state-chartered credit unions broad parity with federal credit unions, t…
Can a Washington city, county, or special district skip Washington's qualifications-based architect/engineer procurement process by just contracting with another government agency that already employs those professionals?
No, generally. RCW 39.80 requires every state and local agency and special district to follow its publication, firm-selection, and negotiation procedures when buying architectural or engineering servi…
Is a Virginia tobacco shop that lets customers use an in-store roll-your-own (RYO) machine treated as a 'tobacco product manufacturer' under the Tobacco Escrow Statute?
No. The AG concluded that a retailer who lets customers use an on-premises RYO machine to make cigarettes for their personal use is not a 'tobacco product manufacturer' under the Virginia Escrow Statu…
What happens to a Tennessee sheriff who took office without POST certification and never completed the required training, and who got reelected anyway?
Before Tenn. Code Ann. § 8-8-102 was rewritten by 2011 Public Chapter 370, a sheriff who took office without POST certification had to complete basic recruit training at TLETA during the first term; f…
Can a Florida town council fill its own vacancies by appointment under the town charter?
The AG declined to give a formal answer, because the question turned on interpreting the town charter rather than state law. As informal guidance, the office noted that section 166.031(6) requires eac…
Are the email and home addresses people give to sign up for Florida sex-offender alerts public records?
No. The AG concluded that the email addresses and 'watched addresses of concern' people submit to join the FDLE Florida Offender Alert System are covered by the public-records exemption in section 119…
If a driver gets a speeding ticket near a school crosswalk in Washington, does the doubled fine in RCW 46.61.440(3) apply, or does it only apply to the broader local-government school speed zones added later?
The doubled fine applies to both. RCW 46.61.440(3) doubles the monetary penalty for speeding in any 'school or playground speed zone,' which includes both the crosswalk-based 300-foot zone in subsecti…
Can police enforce golf-cart and traffic laws on private subdivision streets in Florida?
It depends on facts the AG could not resolve. Law enforcement can enforce Chapter 316 traffic laws (including golf-cart rules) on private subdivision streets only where the public actually has the rig…
Can Delaware's prison system keep the identity of its execution drug supplier secret under FOIA?
No, the AG found. The Delaware Department of Correction had to turn over its purchase, invoice, and transfer records for lethal injection chemicals because none of DOC's four justifications, pending l…
Can a Delaware city redact the price terms from a public government contract to protect a vendor's competitors from underbidding?
No, the AG found. The City of Dover violated FOIA by redacting the price and payment terms from its solar energy contract with White Oak, because final negotiated contract prices are not "obtained fro…
Can the Tennessee Corrections Institute adopt new minimum jail standards without going through formal rulemaking?
Yes and no. The TCI board of control has statutory authority to replace its existing minimum jail standards with the American Correctional Association's Core Jail Standards, but it must adopt the 2008…
Does a Florida property appraiser have to refund excess fees to a special district that pays for non-ad valorem assessment collection?
Yes, it appears so. The AG's informal comments concluded that Department of Revenue Rule 12D-11.009 directs a property appraiser to distribute excess funds to each governmental unit, including a speci…
Can Tennessee counties use drug-forfeiture money to pay for destroying seized illegal drugs?
Yes. Under Tenn. Code Ann. § 39-17-420(a)(1)(A), proceeds from the sale of property forfeited under Tenn. Code Ann. § 53-11-451 must be deposited in a special revenue fund of the jurisdiction that ini…
Can a Wyoming elected official like the Superintendent of Public Instruction hire an at-will employee to fill a position that was previously held by a permanent employee, without first getting approval from the Department of Administration & Information?
No. Attorney General Gregory Phillips concluded that under Wyoming's Constitution and personnel statutes, the Governor (acting through the Department of Administration & Information's Human Resources …
How long does a Florida law enforcement agency have to keep evidence when no charges were filed?
There is no single statewide rule, and the AG declined to set one. For evidence that is a public record under Chapter 119, an agency may dispose of it only under the Division of Library and Informatio…
Can a Florida city pass an ordinance giving local contractors a preference in public bidding?
The AG declined to issue a formal opinion, because the request came from a legislator on behalf of private constituents rather than the local government whose powers were in question. As informal guid…
Can a Maryland city use its stormwater 'system of charges' to build curbs, and can it bill tax-exempt property owners?
Yes on both, with limits. Curbs may be built and maintained with stormwater 'system of charges' revenue under Environment Article § 4-204(d), as long as the curbs function as an integral part of the s…
What does Delaware AG Opinion 2011-08-22-polluters-face-tougher-penalti (Polluters Face Tougher Penalties Under New Law) say?
Chronic environmental violators targeted Wilmington – Legislation enhancing financial penalties for polluters who repeatedly break Delaware’s environmental protection statutes has become law, Attorney…
What does Delaware AG Opinion 2011-08-19-georgetown-man-charged-with-de (Georgetown Man Charged with Dealing Child Pornography) say?
Child Predator Task Force investigation leads to multiple counts Georgetown – An investigation by the Delaware Child Predator Task Force along with the Delaware State Police has resulted in the arrest…
Would Virginia's proposed Right to Farm Act amendments adding aquaculture protect aquaculture only in agricultural-district zones or in any zone allowing agricultural activity?
Both. The AG concluded that committee substitute SB 1190's aquaculture protections would apply to areas zoned as agricultural districts or classifications and to other areas where the zoning provision…
If a Virginia commissioner of revenue or treasurer serves as a DMV license agent, can the county take the DMV money to cover the existing local share of their budget?
No. Under Item 441(C) of the 2010 and 2011 Appropriations Acts, at least 80 percent of the DMV remittance must be appropriated to the constitutional officer's office, and the county cannot use it to s…
What does Delaware AG Opinion 2011-08-18-dsp-trooper-pleads-guilty-to-h (DSP Trooper Pleads Guilty to Harassment) say?
DSP Trooper Pleads Guilty to Harassment Georgetown – Ryan J. Mitchell, age 36 of Frankford, pled guilty yesterday to one count each of Harassment and Misuse of a Computer in connection with unwanted a…
What does Delaware AG Opinion 2011-08-18-attorney-generals-office-helps (Attorney General’s Office Helps Landlords Combat Neighborhood Crime) say?
Second training for property owners to be held Saturday, August 20th Wilmington – For the second time this year, the Department of Justice will hold a day-long training course for property owners to g…
If a school board's vote wasn't on the meeting agenda, does redoing that same vote in public later fix the problem?
Yes, effectively, under the law as it stood in 2011. The AG found the Woodbridge School Board technically violated FOIA by voting on a new superintendent without listing it on the agenda, but ordered …
Do Delaware meeting minutes have to summarize what was discussed, or just record who attended and how they voted?
Mostly, under the law as it stood in 2011, no violations at all: the AG found a town's general agenda items, its removal of an item without explanation, its lean meeting minutes, and its handling of s…
How are penalties and interest figured on deferred property taxes for an elderly Texas homeowner?
The deferral period gets the favorable treatment, even in hindsight. The Attorney General concluded that for the entire time an elderly or disabled person's homestead taxes are deferred under Tax Code…
Can a school board discuss a lawsuit update or pay-period costs behind closed doors in Delaware?
Partly, the AG found. Laurel School Board mislabeled a job-applicant discussion as a personnel matter but didn't have to fix that because the public was otherwise well informed, while its executive-se…
Does Arizona's three-second minimum yellow-light duration apply to left-turn signals, or only to straight-ahead lights?
The Arizona AG concluded that A.R.S. § 28-643's requirement that yellow lights last at least three seconds applies to every traffic signal, including left-turn signals. The statute's plain language di…
Can a Texas state legislator also serve as the state chairman of a political party?
Yes. The Attorney General concluded that the state chairman of a political party does not hold an office or position 'under this State,' so neither of the Texas Constitution's dual-officeholding bars …
Must Texas police give caregiver child abuse reports to the Department of Family and Protective Services?
Yes. The Attorney General concluded that under Family Code sections 261.105 and 261.301, a local or state law enforcement agency is required to furnish information about alleged child abuse or neglect…
Can a Texas school district pay an administrator's legal bills to sue someone for defamation?
No. The Attorney General concluded that an independent school district may not pay or reimburse the legal expenses of an administrator who files a private defamation lawsuit that advances the administ…
Who is responsible for someone held under a Texas emergency mental health detention order?
No single agency is named. The Attorney General concluded that nothing in chapter 573 of the Health and Safety Code makes one particular law enforcement agency, as opposed to another, responsible for …
Can a registered lobbyist serve on the Texas State Board of Education?
It depends on what they lobby about. The Attorney General construed Education Code section 7.103(c) to bar from the State Board of Education only those registered lobbyists who were paid to communicat…
What does Delaware AG Opinion 2011-08-12-attorney-generals-power-to-cle (Attorney General’s Power to Clean Up Communities Strengthened Under New Law) say?
Measure expands Nuisance Abatement Program that focuses on crime-infested properties Dover – A bill that enhances the Department of Justice’s ability to target crime-ridden properties through its Nuis…
Are 'sweepstakes' terminals tied to charitable donations, political contributions, or phone card purchases legal in Virginia, or illegal gambling?
It depends on the facts. The AG could not give a categorical answer. The legality turns on whether the consideration element of gambling is present, which depends on whether the sweepstakes is inciden…
Can Texas judicial fund money replace county cuts to a statutory probate court's budget?
Not as a substitute for county money. The Attorney General concluded that state judicial-fund dollars allocated into a county's contributions fund must be used only for court-related purposes to suppo…
Can a Texas school district police chief be paid for serving on a city council?
Not on these facts. The Attorney General concluded that a school district chief of police whose job has no teaching responsibilities is not a 'schoolteacher,' so he does not qualify for the narrow exc…
Does a Texas vehicle with a diesel turbine engine still need a muffler?
Yes. The Attorney General concluded there is no blanket exception for diesel turbine engines to Texas's requirement that a motor vehicle have a muffler. Transportation Code section 547.604 requires ev…
Can a Texas county auditor refuse to create budget lines for a commissioners court's emergency budget amendment?
No. The Attorney General concluded that a county auditor has no independent legal authority to refuse to create budget lines once the commissioners court adopts an emergency budget amendment. Only the…
Can the Texas State Board of Education invest the Permanent School Fund to help charter schools instead of for the best financial return?
No, not for non-financial reasons. The Attorney General concluded that the Texas Constitution and Education Code require the State Board of Education to make Permanent School Fund (PSF) investment dec…
What does Delaware AG Opinion 2011-08-09-biden-objects-to-proposed-mort (Biden Objects to Proposed Mortgage Securities Settlement) say?
Del. Attorney General seeks more information over concerns about potential violations of Delaware law and inadequate response to investors Wilmington – Delaware Attorney General Beau Biden announced t…
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