State AG Opinions
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Can the Tennessee legislature require the governor to give 10 days' notice to the attorney general, district attorney general, and the victim before announcing a grant of clemency (reprieve, pardon, commutation, or exoneration)?
The AG concluded that the bill is unconstitutional as applied to reprieves, pardons, and commutations because those are powers vested in the governor alone by Tenn. Const. art. III, § 6 and the legisl…
What did Idaho's AG certify about the 2011 referendum on Senate Bill 1184, the Luna Law on laptops and online graduation requirements?
The AG certified the referendum petition for form. SB 1184 had passed both houses and been signed. The bill had a phased effective date: most sections take effect July 1, 2011; some on July 1, 2012.
Can a Virginia citizen carry a firearm for personal protection into a place of worship during services?
Yes. The AG concluded that carrying a weapon for personal protection is a 'good and sufficient reason' under Va. Code § 18.2-283 to bring a weapon into a place of worship during religious meetings. Bu…
Can a Virginia water authority put a lien on a rental property for the tenant's unpaid water bill?
Yes. The Dinwiddie County Water Authority can record a lien for up to three months of unpaid charges without first obtaining a judgment or trying to collect from the tenant, as long as it followed the…
Can a Texas school district run an on-site health clinic for its employees alongside TRS coverage?
The Attorney General concluded that a school district operating an on-site health clinic that provides optional, direct healthcare services to employees is not offering 'group health coverage,' so it …
Can a Texas county make volunteer assistant fire marshals reserve law enforcement officers?
The Attorney General concluded that a volunteer assistant fire marshal is not, just by virtue of the appointment, a reserve law enforcement officer. The Legislature defined 'reserve law enforcement of…
Can a Delaware state employee's building access badge records be kept secret from a FOIA requester?
No, the AG found. A Department of Labor employee's building access badge records (dates and times of entry) were exempt from FOIA under the security exception, which covers any record that "could" end…
Does Virginia's ban on Sunday hunting violate the state constitutional right to hunt and fish?
No. Article XI, § 4 of the Virginia Constitution protects the right to hunt and fish but expressly allows the General Assembly to regulate it. The Sunday hunting ban in § 29.1-521(A) predates the 2000…
What does Senate Bill 1111 do to Virginia's coal tax credit redemption rules?
If enacted, SB 1111 sets a July 1, 2016 sunset on coal-economic-interest holders' ability to redeem credits with the Tax Commissioner. After that date, only the electricity generators that earned the …
Can the Georgia Aviation Authority share in proceeds from drug forfeitures under O.C.G.A. § 16-13-49?
No. The Georgia Aviation Authority is not a 'law enforcement agency' within the meaning of O.C.G.A. § 16-13-49 because its primary purpose is to operate and maintain state aviation assets, not to enfo…
What counts as an 'enacted revenue measure' for the Texas State Highway Fund rail appropriation?
The Attorney General concluded that 'enacted revenue measures' in article IX, section 17.10(b)(1) of the 2010-2011 General Appropriations Act means any legislative enactment that provides incoming rev…
Can a Texas city spend leftover hotel occupancy tax money on general city expenses?
The Attorney General concluded that hotel occupancy tax revenue collected under chapter 351 of the Tax Code must be spent only as that chapter allows, and that chapter 351 bars using the revenue, incl…
Can a Texas city force a school district to pay for infrastructure like a waterline by ordinance?
The Attorney General gave a layered answer. If the City of Eagle Pass ordinance imposes an 'impact fee' under chapter 395 of the Local Government Code, the school district does not have to pay it unle…
Can a Delaware agency's slow FOIA response mean records are lost to routine email purging?
Partly, the AG found. DelDOT violated FOIA by giving a reporter a summary instead of the actual records, by not searching thoroughly enough at first, and especially by waiting too long to ask the stat…
Would Tennessee's 2011 proposed Uniform Access, Competition and Consumer Fairness Act, which would force intrastate phone switched-access rates down to interstate levels, amount to an unconstitutional confiscatory taking of telecom company property?
The AG concluded that on its face the bill is not an unconstitutional taking: rate regulation of public utilities is constitutionally permitted so long as rates are not confiscatory, and the bill (1) …
Can one person be both a water district's general manager and a city's city manager in Texas?
The Attorney General concluded that the common-law doctrine of incompatibility does not prevent the general manager of a water district from also serving as the city manager of a home-rule city. The d…
Are Georgia regional and county library employees who are paid only with local funds (no state funds) required to be members of the Teachers Retirement System?
Yes. The Attorney General concluded that the membership of regional and county library employees in TRS does not depend on the source of their wages. Even an employee paid entirely with local funds is…
Is the Clarksville Electric Power Board (a seven-member board with no city council or city manager seat, three-year terms) legally composed, given that the Tennessee Municipal Electric Plant Law of 1935 requires a different structure?
The AG concluded that the answer depends on facts the office could not determine: if Clarksville issued bonds under the 1935 Law, the Board had to be created under that Law and the current seven-membe…
Does Tennessee law (specifically the 2010 ban on synthetic cannabinoids and salvia divinorum at Tenn. Code Ann. § 39-17-438, or the broader counterfeit-substances statute at § 39-17-423) reach 'White Lightning' and similar products sold as legal alternatives to LSD and cocaine?
The AG concluded that Tenn. Code Ann. § 39-17-438 reaches only salvia divinorum and the named synthetic cannabinoids (JWH-018, JWH-073, HU-210, HU-211), not synthetic LSD or synthetic cocaine; that re…
When a Tennessee special school district wants its property tax rate changed, what does its board of education have to do procedurally, and can the General Assembly raise the rate above the certified rate after a county reappraisal?
The AG concluded that no Tennessee statute prescribes procedures for a special school district board to request a tax rate change from the General Assembly, so any clear communication of the board's p…
When a patient escapes or elopes from the Colorado Mental Health Institute at Pueblo, what can the hospital tell the police, the media, and local schools without violating HIPAA or state confidentiality law?
It depends on whether the patient is forensic (escape is a crime, broader disclosure permitted under HIPAA's law-enforcement and public-safety exceptions and the state confidentiality statute's no-pri…
Does Florida's ban on lending public credit conflict with the statute requiring cities to report economic-development incentives?
The Attorney General's office declined to decide whether Article VII, section 10 of the Florida Constitution conflicts with the statute requiring cities to report economic-development incentives, beca…
What did Idaho's AG certify about the 2011 referendum on Senate Bill 1108, the Luna Law restricting teacher collective bargaining?
The AG certified the referendum petition for form. S1108 had passed both houses and been signed. Sections 1-5, 7-9, and 13-25 had emergency clauses, meaning they remained effective pending the referen…
What did Idaho's AG certify about the 2011 referendum on Senate Bill 1110, the Luna Law on performance-based teacher pay?
The AG certified the referendum petition for form and style. S1110 had passed both houses, been signed into law, and was set to take effect in 2012, meeting the procedural requirements for referendum …
When a Tennessee adult with a disability uses Vocational Rehabilitation Services for college tuition, does the Tennessee HOPE scholarship count as a 'comparable benefit' the person must apply for first, or is it a 'scholarship based on merit' that the comparable-benefits rule excludes?
The AG concluded that the HOPE scholarship does not qualify as a merit-based scholarship under the Vocational Rehabilitation Services regulation, so it counts as a comparable benefit that VR clients m…
Does a Florida home-based professional owe city business tax if they already paid a business tax to another county?
It depends on whether there is a 'permanent business location.' Under section 205.065, a city cannot tax a DBPR-regulated business that only works in the city temporarily and has paid a business tax w…
What composite index applies when two Virginia school divisions consolidate?
The lower of the two pre-merger composite indices. Under § 15.2-1302, the combined district's state funding stays at or above the sum of the pre-merger amounts for at least five years (longer if the l…
How do Tennessee's substance abuse coverage statutes interact with the federal Mental Health Parity and Addiction Equity Act of 2008, who enforces them in Tennessee, and is there a private right of action under § 56-7-2602?
The AG concluded that the Tennessee Commissioner of Commerce and Insurance enforces Tenn. Code Ann. § 56-7-2602 and may also enforce the federal parity law against Tennessee-licensed group health insu…
Can a Tennessee legislator get a list of the top prescribers of controlled substances (by profession) from the state's Controlled Substance Database, given that database records are confidential by statute?
The AG concluded that although the database itself is broadly confidential under Tenn. Code Ann. §§ 53-10-306 and -308, the Controlled Substance Database Advisory Committee could include a list of top…
Can employees of a Virginia regional partnership join the Virginia Retirement System?
No. The Hampton Roads Partnership is not a 'political subdivision' under § 51.1-124.3 because the General Assembly did not designate it as one and it does not exercise sovereign powers like issuing de…
Can a Virginia Commonwealth's Attorney appeal a circuit court tax ruling to the Virginia Supreme Court?
No. Section 58.1-3003 only authorizes a Commonwealth's Attorney to appeal a county tax levy to the circuit court, not beyond. Aggrieved taxpayers can file their own Supreme Court appeal under § 8.01-6…
Is a Delaware sewer and water authority automatically a 'public body' subject to the open records law?
No, under the law as it stood in 2011. The AG found the Camden-Wyoming Sewer and Water Authority was not a 'public body' under FOIA because, even though it was created through the state's authority-cr…
Are a mayor's and city council members' personal emails about city business public records under Delaware's FOIA?
No, the AG found, on a question of first impression in Delaware: emails between Newark's mayor and council members sent and received on personal computers through private accounts were not public reco…
What can residents and officials do when a Florida city is financially failing and the city commission won't act?
The AG's office, which has no authority over cities, offered informal pointers: residents can pursue recall of officials under section 100.361, the Governor can suspend an official under section 112.5…
Who fills a vacancy on the Florida Keys Mosquito Control District board, the Governor or the Commissioner of Agriculture?
The Governor. A general statute (section 388.111) lets the Commissioner of Agriculture fill mosquito-district vacancies, but the Florida Keys district's own 2002 special act is both more specific and …
Can a deputy clerk of court also serve as an elected county commissioner in Florida?
Yes, on these facts. A deputy clerk who only performs ministerial duties assigned by the clerk holds an 'employment,' not an 'office.' Florida's constitutional ban on holding two offices at once did n…
If a sheriff and state attorney appoint substitutes to an advisory board, does the Sunshine Law cover their private conversations?
No, not on that basis. When the sheriff and state attorney each appoint someone else to sit on the Palm Beach County Criminal Justice Commission in their place, the two officers are no longer commissi…
Would it violate any constitutional right of Tennessee prisoners if the General Assembly repealed the Tennessee Post-Conviction Procedure Act?
The AG concluded that repealing the Post-Conviction Procedure Act would not infringe state or federal constitutional rights of state prisoners, because the weight of U.S. Supreme Court and Tennessee S…
When Tennessee sheriffs transport someone for involuntary mental health commitment across county lines, which county pays for the transportation, and can a sheriff refuse to transport someone first detained in another county?
The AG concluded that under Tenn. Code Ann. § 33-6-901(b), the county where the person was initially detained is financially responsible for transportation; that county's sheriff may bill the patient'…
Can the Texas State Board of Education pay lawyers from the Permanent School Fund without an appropriation?
The Attorney General concluded that article VII, section 5 of the Texas Constitution does not let the State Board of Education spend Permanent School Fund (PSF) money on attorney fees without a legisl…
When someone subpoenas a Tennessee Child Advocacy Center's confidential child sexual abuse investigation records, must the CAC produce them, or are they protected?
The AG concluded that Child Advocacy Center records covered by Tenn. Code Ann. § 37-1-612 are confidential and may be subpoenaed only by persons or entities within the statute's enumerated exceptions,…
Could Klamath County and the City of Klamath Falls swap funds, with the county providing road money for city streets and the city providing general funds to reopen jail pods?
The AG concluded both sides of the swap had separate legal authority. The county could send forest reserve and gas tax money to city roads under specific statutes. The city could provide general funds…
What can Tennessee legally spend net lottery proceeds on under Article XI, Section 5, and how do specific uses (HOPE scholarships, contractor services, pre-K, after-school, energy-efficient schools) measure up?
The AG concluded that net lottery proceeds must first fund post-secondary financial assistance, with excess available for K-12 capital outlay and early-learning/after-school programs, and worked throu…
When a SD school district receives money from a will that names the district but does not bindingly direct how the money is used, can the district give that money to a community foundation or to its city to set up a college scholarship program for graduating students?
No. A SD school district can exercise only the powers the Constitution and Legislature give it, and its public purpose is K-12 education (S.D. Const. art. VIII, § 1; SDCL 13-5-1). SDCL 13-14-5 lets a …
Did Virginia's new disabled-veterans property tax exemption apply to bills due mid-year in 2011 in cities with a July tax year?
No. The exemption applied only to tax years beginning on or after January 1, 2011. Hampton's tax year began July 1, 2010, so the second-half real estate tax bill due June 5, 2011 fell within the pre-e…
Can a Virginia county exclude out-of-state prisoners from its population count for redistricting?
Only if the inmate population at the state correctional facility exceeds 12% of the locality's total. Pittsylvania County's Green Rock inmates from Pennsylvania were under 2% of population, so the cou…
Can the Hamilton County Commission withhold PILOT (payment in lieu of taxes) funds intended for schools rather than passing them straight through to the Hamilton County School Board?
The AG concluded that the disputed PILOT funds are not 'school funds' under Tenn. Code Ann. § 49-3-315 (they are payments in lieu of taxes, not tax revenue), so the County Commission is not legally re…
Can a probation officer report child abuse found in a confidential presentence report in Texas?
The Attorney General concluded that a community supervision (probation) officer may release information from a pre-plea presentence investigation report to the Department of Family and Protective Serv…
Can Texas police use a handheld laser speed camera that records video before a traffic stop?
The Attorney General concluded that a handheld laser speed enforcement device with a built-in video camera and GPS is prohibited under Transportation Code section 542.2035 if it records a vehicle's sp…
Do airport communications staff who don't take 911 calls have to be certified as 911 public safety telecommunicators in Florida?
No. Section 401.465(2)(a)'s certification mandate applies to people working at a 911 'public safety answering point' who handle 911 calls. Airport communication specialists who dispatch only internal …
Can a Florida water control district spend its funds on mosquito and arthropod control if its charter doesn't say so?
No, it does not appear so. The Spring Lake Improvement District is a water control district whose powers are limited to what its charter and Chapter 298 grant. Neither authorizes spending district fun…
Did the Attorney General add the workers' compensation fraud and employer non-compliance offenses to the GCIC fingerprintable list?
Yes. The AG designated both O.C.G.A. § 34-9-21 (employee fraudulently receiving workers' compensation income benefits) and O.C.G.A. § 34-9-126 (employer refusal to file workers' compensation complianc…
Who controls school payroll in a Virginia city, the school board or the city treasurer?
Both, with different roles. The school board picks the pay dates on a regular monthly, semi-monthly, or biweekly schedule. The city treasurer handles the mechanics of cutting the checks. School funds …
Does a Virginia wiring contractor need a private security license to install cables that might be used by a separate alarm company's security cameras?
Yes, but only if the installer has access to 'confidential information' about the design, extent, status, or location of the end user's electronic security equipment. If the installer just runs cable …
When a SD city is building a major public improvement like a community wellness center and wants to hire one firm to manage the project as construction manager-at-risk, can that firm do the warranty work and the fix-up of third-party contractor mistakes itself, or must even those small construction tasks be done by separate contractors? And can a single firm serve as both the architect/engineer and the construction manager-at-risk on a project over $100,000?
On the first question, no: under SDCL 5-18A-1(4), 'construction' is defined broadly to include repair, demolition, and alteration. Warranty work and correction/completion of third-party work both fall…
In Tennessee, can a county mayor, county clerk, or municipal mayor charge a fee for officiating a wedding, or are they limited to accepting voluntary gratuities?
The AG concluded that under Tenn. Code Ann. § 36-3-301(c) these officials may accept, request, or solicit gratuities for performing marriages, but they cannot charge a mandatory fee or demand compensa…
Can the Texas Health and Human Services Commission define 'affiliate' by rule for its family planning program?
The Attorney General concluded that the Health and Human Services Commission has authority to adopt a rule defining 'affiliate' for its women's health and family planning demonstration project, even t…
Can Texas exclude abortion providers' affiliates from its Medicaid Women's Health Program?
The Attorney General concluded that subsection 32.0248(h) of the Human Resources Code, which bars the Health and Human Services Commission from contracting under the Women's Health Program with entiti…
Can a Texas water conservation district transfer its assets to a private individual or company?
The Attorney General concluded that the board of the Sandy Land Underground Water Conservation District has broad statutory authority under Water Code section 36.158 to transfer assets, including its …
Can a Tennessee city court hold a defendant in contempt for failing to appear at a scheduled court date, and if so, what's the maximum punishment?
The AG concluded that a Tennessee city court has the power to punish a defendant for criminal contempt when the failure to appear is willful disobedience of a lawful court order, but the punishment is…
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