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 Washington occupational therapist legally perform sharp debridement, the cutting away of dead tissue from a wound, as part of wound care?
No. Sharp debridement falls outside the statutory scope of occupational therapy under RCW 18.59.020(2). The Occupational Therapy Practice Board's draft interpretive statement that would have permitted…
Can a Tennessee state legislator lease a building to a nonprofit that pays the rent with state grant funds?
Yes. A Tennessee state legislator can lease property to a nonprofit grant recipient that pays the rent with state grant money, as long as the legislator's only role is voting on the overall budget tha…
What is 'noncancelable' auto insurance coverage in Florida and what proof must a driver keep?
According to this informal opinion from the Attorney General's office, 'noncancelable coverage' under section 324.0221(3), Florida Statutes, means a prepaid policy that cannot be canceled for the peri…
What did the Idaho AG say about a 2010 ballot initiative listing veterinary procedures (ear cropping, debarking, docking, Caesarian sections) as animal cruelty?
The AG concluded the proposed amendment fit the existing animal-cruelty statutory scheme but flagged drafting problems: a citation error pointing to the wrong subsection, undefined technical veterinar…
Can Tennessee police get a blood sample from a DUI suspect who refuses, after the 2009 implied consent amendment?
Only if the DUI suspect was in an accident causing injury or death, in which case Public Chapter 324 makes blood testing mandatory. In all other DUI stops, Tennessee's Implied Consent Statute still re…
Can a value adjustment board's private lawyer also represent the property appraiser or tax collector in Florida?
No. The AG concluded that under section 194.015, Florida Statutes, the private counsel a value adjustment board hires cannot represent the property appraiser, the tax collector, or any taxing authorit…
Can a Virginia city or county impose adoption requirements stricter than the state's minimum rules at an animal pound?
Yes. Section 3.2-6543(A) lets Virginia localities adopt animal-control ordinances 'more stringent' than the state minimum, including pound policies that add restrictions or requirements on adoption be…
Can NCDOT enter design-build contracts with delayed payment terms that stretch beyond project completion to expedite I-485?
Yes. The AG concluded N.C.G.S. § 136-18(39) gave NCDOT broad authority to enter financing agreements with private entities for transportation infrastructure construction. Extending payments over a ten…
Must a Virginia locality plan its urban development areas to handle 10-20 years of growth, and can it deny developer rezoning for lack of infrastructure?
Yes to the 10-20 year planning requirement. Under § 15.2-2223.1, a Virginia urban development area must accommodate 10 to 20 years of anticipated residential and commercial growth at the prescribed co…
Does the Endowment Fund Investment Board have to apply trust-law fiduciary duties when guaranteeing Idaho school district bonds?
Yes. The AG concluded the EFIB acts as a trustee of the Public School Endowment when it pledges endowment assets under the Credit Enhancement Program, must apply the Prudent Investor Rule and duties o…
Can the Texas Governor grant a pardon to someone who has already died?
The Attorney General concluded that a Texas court would likely hold the Governor may grant a posthumous pardon (a pardon to a person who has already died) without a constitutional amendment, so long a…
Can a Washington police agency use seized asset-forfeiture money to pay for CALEA or WASPC accreditation and the training those programs require?
Yes for general felony-forfeiture funds under RCW 10.105.010, as long as the spending does not replace existing budget. No for drug-, money-laundering-, or gambling-forfeiture funds, unless the traini…
If an excavator is going to dig at a railroad crossing in SD and calls One Call to find out where underground utilities are, are the railroad company's underground lines (signal cables, fiber, gas lines) marked? Or are railroad companies exempt from One Call membership and the duty to mark, leaving the excavator to find railroad lines on their own?
It depends on what the railroad owns. If the railroad company holds legal or fee title to the land at the crossing, it qualifies as a 'landowner' under SDCL 49-7A-15 and is exempt from the One Call sy…
Are Virginia domestic-violence shelter and sexual-assault advocates required to report suspected child abuse?
Generally no. Advocates in Virginia domestic-violence shelters and sexual-assault crisis centers were not on the § 63.2-1509(A) list of mandatory child-abuse reporters. They could become mandatory rep…
Can a Florida city amend its charter to cap its own operating expenditures by referendum?
Yes. The AG concluded that, absent a general law to the contrary, a Florida city may amend its charter, subject to Chapter 166, to impose limits on the city's own operating expenditures. The opinion d…
Can a Florida court clerk index a 'Notice of Federal Tax Lien' as a lien in the county's official records?
Yes. The AG concluded that a clerk of the circuit court, acting as county recorder, may index a document styled 'Notice of Federal Tax Lien' as a 'lien.' The clerk's role is to record and index instru…
Can a Tennessee city or county mayor run for the state legislature when the local charter prohibits employees from running for elective office?
The AG concluded yes. Tenn. Code Ann. § 7-51-1501 overrides any contrary local charter, ordinance, or resolution and protects the right of every local-government employee to be a candidate for any sta…
Can a Florida city require a council member to sit on its police and firefighter pension boards?
The Attorney General's office declined to issue a formal opinion, because Chapters 175 and 185 are administered by the Division of Retirement and that agency would not join the request. As informal gu…
Can a mental health facility make police get a patient 'medically cleared' before an emergency mental health detention?
No. The Attorney General concluded that an inpatient mental health facility or a mental health facility is not statutorily authorized to require a peace officer to transport a person held in custody u…
Can I include extra contiguous lots in my Texas homestead property tax exemption?
Yes, within limits. The Attorney General concluded that section 11.13(j) of the Tax Code defines a 'residence homestead' to include the structure together with the land, not to exceed 20 acres, regard…
Can a county employee use a county vehicle to drive a spouse or other non-employee around?
The Attorney General did not answer yes or no, because the question turns on facts the opinion process cannot resolve. The Delta County Attorney asked about a county road commissioner who used a count…
Can a Texas city take back extraterritorial jurisdiction it gave up under a boundary agreement?
The Attorney General gave the general rule but declined to decide the specific dispute. As a general matter, a city must comply with chapter 42 of the Local Government Code when acquiring extraterrito…
Is a private economic-development nonprofit subject to Florida's Sunshine and public records laws?
This informal letter declined to issue a formal opinion (the office could only address the legislators' own official duties). On the facts provided, it concluded that Florida's Great Northwest, Inc., …
Can a Florida public board count members joining by phone or video toward its quorum?
No. The AG concluded that the City of Coral Gables retirement board could not adopt a rule treating a member's electronic participation as physical presence for a quorum. A quorum, by its nature, requ…
Can a Virginia airport authority condemn trees in a private cemetery that intrude on the federally required clear airspace?
Yes. The Virginia Highlands Airport Authority could use its § 5.1-32 eminent-domain authority to condemn trees in a private cemetery that penetrated the FAA-mandated approach surface. The specific air…
Can a Virginia landowner combine adjacent parcels to meet the minimum acreage for the land-use tax break?
Yes for combining contiguous same-owner parcels to meet the 20-acre forest or 5-acre agricultural minimum under § 58.1-3233(2). For mixed-use parcels (part forest, part ag), each use must independentl…
Do federal credit unions have to pay Virginia's tax on electricity consumers, including the local share?
No. Federal credit unions were exempt from Virginia's tax on consumers of electricity under § 58.1-2900, including the local portion, because 12 U.S.C. § 1768 exempts federal credit unions from all no…
Can a Virginia court retroactively validate a wedding ceremony where the couple never obtained a marriage license?
No. A Virginia court had no statutory or equitable authority to affirm marriages performed without a marriage license, even if the celebrant was otherwise authorized. The court also could not direct a…
Can a Florida county pass stricter rules for scrap metal recyclers than state law requires?
Yes. The AG concluded that section 538.17, Florida Statutes, expressly allows local governments to adopt regulations of secondary metals recyclers more restrictive than Chapter 538. The Legislature di…
Can a former school board trustee work in their district through a staffing company within a year of leaving the board?
It depends on the facts, but the Attorney General gave clear guidance on which facts matter. Education Code section 11.063 bars a former school district trustee from accepting employment with that dis…
Is it illegal in Florida to flash your high beams at an oncoming car?
This informal letter from the Attorney General's office explains that section 316.238, Florida Statutes, requires a driver approaching an oncoming vehicle within 500 feet to dim the high beams so the …
Can Texas discipline a home inspector for an inspection done for someone who isn't buying or selling the home?
No, not under the disciplinary-powers section. The Attorney General concluded that the Texas Real Estate Commission does not have authority under section 1102.401(a) of the Occupations Code to take di…
Could a Texas school district use district funds to pay a city red-light-camera civil penalty on a district-owned vehicle?
Yes, if the district was legally liable for the penalty. If it was not liable, payment could violate the Texas Constitution unless the district found its own public purpose, a clear public benefit, an…
Did Florida's 2009 two-year building permit extension happen automatically, or did you have to notify the agency?
Attorney General Bill McCollum concluded that the 2009 amendment to section 380.06, which extended building permits and development orders by two years because of the real estate downturn, did not app…
Can a Florida mosquito control district fine property owners for standing water on their land?
No. The AG concluded that the Anastasia Mosquito Control District has no power to fine property owners who let standing water accumulate, because neither Chapter 388 nor its charter authorizes a fine,…
Who can attend a Florida public board's closed attorney-client settlement meeting under the Sunshine Law?
No. The AG concluded that the closed-meeting exception in section 286.011(8), Florida Statutes, applies only to a board that is a party to litigation meeting with its own attorney. The Monroe County S…
Can a Florida school district use its capital outlay millage money to pay workers' compensation insurance premiums?
Attorney General Bill McCollum concluded that 'premium' means the consideration paid for insurance, borrowing the Florida Insurance Code definition. But a Santa Rosa County School District could not u…
Can a Florida homeowner petition the value adjustment board to increase their property's assessed market value?
Yes. The AG found no statute or constitutional provision limiting a value adjustment board to petitions seeking a reduction. A current homeowner may petition the board to argue that the just (market) …
Can members of the Nassau County Rent Guidelines Board, who set local rent caps under the Emergency Tenant Protection Act, get free defense and indemnification from the State of New York under Public Officers Law § 17 when sued for their official acts?
Yes. Public Officers Law § 17 covers any person 'holding a position by election, appointment or employment in the service of the state ... whether or not compensated.' Nassau County Rent Guidelines Bo…
Could the Texas Legislature give state and teacher retirees a one-time bonus check outside the pension trust funds?
Only the right way. The Attorney General concluded that the Legislature is authorized to arrange one-time payments to eligible retirees, but the 2009 General Appropriations Act tried to do it by appro…
Can a Delaware town manager call council members individually to get their input on a grant decision without violating open meetings law?
Yes, the AG found, as long as the manager, not the council, is actually deciding and isn't asking members to vote or reach a consensus with each other. The same opinion also upheld a closed session to…
Did the 2009 Georgia Public Private Partnership law cancel pending DOT contracts that were procured under the old Public Private Initiatives law?
Yes for everything not yet under executed contract by May 11, 2009. The Northwest Corridor Developer Services Agreement signed in 2006 remains valid under the constitutional contract clause and may be…
Can a Texas justice of the peace defer a Parks and Wildlife violation and charge a fee the county keeps instead of a fine?
Yes. The Attorney General concluded that a justice of the peace may defer adjudication of a Parks and Wildlife Code charge under article 45.051 of the Code of Criminal Procedure and impose a special e…
Can a Texas county auditor make the county treasurer get approval before transferring money between accounts or investments?
Yes, with a limit on the investment side. The Attorney General concluded that a county auditor's broad oversight authority lets the auditor adopt regulations and procedures requiring the county treasu…
Is medical marijuana sold under Colorado's Amendment 20 subject to state sales tax, and who has to collect it?
Yes, mostly. The AG concluded that medical marijuana is tangible personal property subject to Colorado state sales tax, that no prescription-drug or agricultural exemption applied (except for marijuan…
Does Virginia need a constitutional amendment to extend the military property-tax exemption to a vehicle jointly titled with a nonmilitary spouse?
No. The federal Servicemembers Civil Relief Act preempts Virginia's personal property tax on motor vehicles jointly titled by a nonresident servicemember and a nonmilitary spouse. For leased vehicles …
Can a retired Florida auxiliary officer carry a concealed gun under LEOSA?
The office declined to give a personal legal opinion, explaining that the Attorney General issues opinions only to public officials about their own official duties under state law, not to private indi…
Did Florida have to hold a referendum to merge two hospital districts?
No. The office explained that the 1989 special-district statute let two districts merge by concurrent resolution without a referendum, and that the special act ratifying the merger (Chapter 95-508) sa…
Who decides whether a Florida city candidate meets the residency requirement?
The office declined to answer directly, explaining that who verifies a candidate's residency under a city charter is a question of local charter interpretation it does not opine on, and that state ele…
When do Virginia's alternative onsite sewage system rules trigger limits on what localities can require?
Once the Board of Health adopted emergency regulations required by the 2009 amendments to § 32.1-163.6, the limits in § 15.2-2157(C)-(D) on what localities can require for alternative onsite sewage sy…
Can a Florida city ban texting while driving with its own ordinance?
The office concluded that section 316.0075, Florida Statutes, expressly preempts regulation of drivers' and passengers' use of cellphones and other electronic communications devices to the state. On t…
Can I get Delaware town ethics-commission records about a complaint filed against me, if only I would see them?
No, the AG found. The town's own code of conduct made all ethics commission proceedings confidential, which FOIA's statutory-confidentiality exemption respects, and FOIA doesn't allow a town to releas…
Is the Florida Department of Citrus a state agency?
Yes. Attorney General Bill McCollum concluded that the Florida Department of Citrus is an agency of the State of Florida. Chapter 20, Florida Statutes, places it in the executive branch as one of the …
Can a Virginia local treasurer charge a delinquent state taxpayer an extra 20% commission for collecting unpaid state taxes?
No. A Virginia local treasurer who collected delinquent state taxes for the Department of Taxation could not add a flat 20% commission onto the taxpayer's bill. The Department could compensate the loc…
Can a Florida city put its police chief on the police pension board by ordinance?
The office deferred to the Department of Management Services, which had objected that a city cannot change the composition of a Chapter 185 police pension board by local ordinance. On the dual office-…
Can Florida city commissioners submit written questions to staff before a meeting without breaking the Sunshine Law?
The office did not flatly prohibit the plan but flagged two problems. Routing commissioners' questions through the city manager and back to all commissioners risks becoming a de facto meeting if staff…
Can a Texas public college share the default risk on private student loans and discount tuition in return?
The Attorney General would not approve the specific deal, because reviewing a particular contract is outside what an AG opinion does. But it laid out the rules. Article III, sections 50 and 51 of the …
Does serving a show cause summons in Virginia count as an arrest that has to be reported to the criminal records exchange?
No. Serving a criminal show cause summons did not count as an 'arrest' and did not trigger the Central Criminal Records Exchange reporting requirements in § 19.2-390. An arrest requires physical restr…
During the 2009 H1N1 outbreak, could Virginia paramedics and other EMS providers administer flu vaccines (seasonal or H1N1) under the guidance of their operational medical directors?
Only with State Health Commissioner authorization during a declared emergency. The Drug Control Act lists who may administer vaccines (pharmacists, registered nurses, certain practitioners). EMS provi…
Can a Texas assisted living facility use its own staff to provide nursing care to terminally ill residents?
No, not beyond what the statute already allows. The Attorney General concluded that the Legislature authorizes assisted living facilities to provide only a defined set of services: food, shelter, pers…
How these opinions are useful
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