State AG Opinions
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Can a local elected official who serves on a community action board vote on the budget that funds that board?
Yes. The AG concluded that no conflict of interest precluded members of Virginia local governing bodies who also served (without compensation) on community action boards from voting on local…
Can a Tennessee city councilmember who is also a state employee retire from state employment, draw TCRS benefits, and stay on the city council?
No, the opinion said. Because the council seat itself triggered TCRS membership, the councilmember could not simultaneously contribute to TCRS and collect benefits. The exception in Tenn. Code Ann.…
Can an individual Florida school board member hold a town hall meeting on school property, and does it break the Sunshine Law if other members attend?
In an informal advisory letter, the Attorney General's Office declined to resolve the intra-district dispute but offered general guidance: a school board's powers are exercised 'as a board,' not by…
Could a South Carolina mayor work as another town's code enforcement officer?
The South Carolina AG concluded that Fairfax's mayor could not simultaneously serve as Estill's code enforcement officer. Both roles counted as public offices under the state constitution's dual…
Does a nonprofit animal cruelty society have to hold open board meetings if it gets a small state grant?
Yes, the AG found. The Kent County SPCA is a "public body" under Delaware's FOIA because it is empowered by the state to enforce animal cruelty laws and receives a state grant-in-aid, so its board…
Can a Delaware school board post only a 'Tentative Agenda' instead of a final one before its meetings?
No, under the law as it stood in 2012. The AG found the Caesar Rodney School Board violated FOIA by posting only 'Tentative Agendas' (misleadingly implying a final version would follow) and by not…
Can a Virginia limited liability partnership serve as substitute trustee on a deed of trust?
Yes. The AG concluded that a registered limited liability partnership organized under Virginia law could serve as a trustee under a deed of trust governed by § 55-58.1, because the general Code…
Which Texas county-treasurer duties may a commissioners court reassign to the county auditor or human resources office?
The AG concluded that payroll preparation could be reassigned, but the county treasurer had to perform the actual disbursement of county funds, endorse payments to county payees, and reconcile every…
Must a Texas county clerk let the public use a sheet-feed scanner to copy records?
The AG did not decide whether the clerk had to allow a sheet-feed scanner because the answer depended on disputed facts about office space, staffing, and the equipment's effect on operations. The…
Can a Connecticut state marshal serving a civil capias warrant walk into someone's home without a search warrant or consent?
No, as a practical matter. The Connecticut AG advised state marshals serving civil capias warrants not to enter a home without explicit consent, because most civil capias warrants do not satisfy the…
Can a Tennessee court order child support between separated married parents who don't have a divorce or separation decree yet?
Yes, the opinion said. Tennessee courts had several statutory paths to ordering child support before any decree of divorce or separation. Tenn. Code Ann. § 36-5-101(a)(2) gave broad authority.…
Can a security guard issue state traffic tickets on a gated community’s private roads?
The AG said a registered private security officer could issue a uniform traffic ticket for covered statutory offenses on private roads properly brought under the state traffic act. For those…
Can Tennessee require drug tests for people applying for welfare or other public assistance benefits?
Not as broadly as the bills proposed. The opinion concluded that Title XIX, the TennCare waiver, and the federal Food Stamp program bar conditioning eligibility on drug testing. Even for TANF, where…
Could Tennessee require employers and landowners to allow employees and customers to store firearms in locked vehicles on their parking lots, despite the property owner's rules?
Yes, the opinion said. SB 3002 / HB 3560 was constitutionally defensible against challenges based on OSHA preemption, the Takings Clause, and substantive due process. Two appellate courts (10th…
Before the 2013-14 school year, could a Shelby County municipality take any action to start its own school district, like holding a referendum or hiring staff?
No, the opinion said. Until the transition of Memphis City Schools into Shelby County Schools was actually complete, Tennessee statutes (Tenn. Code Ann. §§ 6-58-112(b), 49-2-501(b)(3),…
Could Cherokee County fund tuition scholarships at a local technical college?
The AG concluded that Cherokee County had authority to fund the proposed scholarships for residents attending the local state-supported technical college. It expected a court to find a public…
Could a Bamberg city council member also serve as a volunteer firefighter?
The AG said the state constitution’s dual office rule exempted volunteer firefighters, but a separate statute barred a council member from municipal employment. It concluded the Bamberg council…
Can a Tennessee sheriff collect a $5 fee from a surety before releasing a defendant on bail, and can the sheriff reject the bond if the fee isn't paid?
Yes to both. The opinion concluded that Tenn. Code Ann. § 8-21-901(a)(3)(C) authorized sheriffs to charge a $5 fee for each bail bond, collectible when the bond is issued and accepted. A surety who…
If I sit on a Tennessee human resource agency board because of my elected office, must I resign that office to apply for the agency's executive director job?
Yes, the opinion said. Once a board member decided to pursue the agency's executive director position, the broad Tennessee conflict-of-interest statute (Tenn. Code Ann. § 12-4-101) required them to…
If a Connecticut school district forgot to withhold a teacher's pension contributions years ago, can the teachers' retirement board now bill the teacher (or the employer) for what's missing plus interest?
The Connecticut AG concluded the State Teachers' Retirement Board may notify a member about missing 1999 contributions and the interest owed under Conn. Gen. Stat. § 10-183ff, but has no statutory…
Could Norway appoint uncertified town constables or make its mayor a police officer?
The AG said Norway could appoint police officers, but a town constable exercising police powers needed state training and certification. It also concluded the mayor could not simultaneously serve as…
Can a Virginia circuit court clerk administer an oath that another state's law requires?
Yes, when the oath is 'required by law' somewhere, including in another state or country. The AG concluded that § 49-4 lets a Virginia clerk administer oaths required by foreign law (Maryland…
Can Tennessee's legislature create a Class E felony where the only punishment is a fine, with no possibility of imprisonment?
Yes, the opinion said. Although fine-only felonies sit awkwardly next to the Criminal Sentencing Reform Act of 1989 (which envisions imprisonment for felonies), the legislature has the…
Can Florida tourist development tax revenue be used to pay for trash and debris removal on state-owned bridges in the county?
In an informal advisory letter, the Attorney General's Office declined to issue a formal opinion because the question turned on the county commission's authority and the commission did not join the…
Must a Tennessee flight school be authorized by THEC, and is that state oversight preempted by federal FAA and veterans benefits law?
Yes, the opinion said, a flight school operating in Tennessee must be authorized by the Tennessee Higher Education Commission. Federal law likely preempts state regulation of flight course content…
Can a Tennessee municipal electric board borrow money and pledge property to provide telecommunications services on its own, or does it need approval from the city or county?
The opinion concluded that an electric power board may exercise the telecommunications powers under Tenn. Code Ann. §§ 7-52-401 to -611, including borrowing money and pledging assets, only if the…
What does Tennessee's 'casual exchange' drug offense mean, and could the legislature add community service to the penalty?
The opinion defined 'casual exchange' as the spontaneous passing of a small amount of an illegal drug, regardless of whether money changed hands. It also concluded that House Bill 2285, which would…
Can a permit-holder bring a handgun into a Tennessee courtroom when no court is in session, and can the county screen visitors at administrative meetings?
The opinion concluded that Tenn. Code Ann. § 39-17-1306 only bans firearms in courtrooms when 'judicial proceedings are in progress.' During administrative meetings, a permit holder may carry unless…
Did South Carolina’s 2012 appearance bond time limits apply to bonds issued earlier?
The AG concluded that the 2012 amendment was presumed to apply prospectively, so its new bond periods did not automatically govern bonds issued before February 1, 2012. It said a court would need to…
Does aquaculture count as an agricultural operation under Virginia's Right to Farm Act?
No. The AG concluded that aquaculture did not qualify as an agricultural operation under the Act. He read "animal" in its definition to cover mammals rather than fish and other non-mammals.
Can a Virginia locality impose stricter rules than the state Board of Health on alternative onsite septic systems?
Yes, but with a carve-out. The AG concluded that a Virginia locality could adopt design, siting, and other onsite sewage system requirements stricter than the Board of Health's regulations, except…
Can a Tennessee county use taxpayer money to run ads supporting a local sales tax increase on the ballot?
No, the opinion said. Tennessee had no specific statute authorizing the use of county funds to advocate for or against a local option sales tax referendum, and the AG followed other states in…
Could a Kentucky superintendent use a committee and a teachers' contract for school restaffing decisions?
The 2012 AG said HB 176 did not prescribe a retention-decision method or forbid a superintendent's collaborative committee. A teachers' agreement could still apply if it did not conflict with the…
Could a South Carolina water district promise to defend its contractor in a lawsuit?
The AG said a defense promise for claims arising from the district’s conduct could not bypass the South Carolina Tort Claims Act absent statutory authority. A promise to defend claims arising from…
Can a new Tennessee General Assembly revisit an election contest decided by the previous General Assembly, including to award attorney's fees?
No. The opinion concluded that Article II, § 11 of the Tennessee Constitution gives each House of each General Assembly the sole power to judge the elections of its own members. A later General…
Could Norway’s mayor appoint himself chief constable and hold both positions?
The South Carolina AG concluded that Norway’s mayor could not appoint himself chief constable or serve in that position while mayor, even without extra pay. The appointment also created a conflict…
Can Tennessee bar religious and political nonprofits from partnering with the state Department of Safety without violating the Constitution?
Yes, the opinion concluded. The blanket exclusion of religious and political nonprofits from new partnership contracts with the Department of Safety and Homeland Security was constitutionally…
Can Tennessee require existing red-light camera contracts to comply with future changes in state law without violating the Contract Clause?
Yes, the opinion said. Senate Bill 2779 would have required local governments to include a clause in red-light camera contracts saying the contracts must conform to future changes in state law. The…
Could Kershaw County reject the Lugoff Fire District budget for reasons beyond legality?
The AG concluded that the county’s approval power was not limited to finding legal defects in the fire district’s budget. It could accept or reject the budget as a whole, while leaving specific…
Could South Carolina police use a battery powered meter to enforce window tint limits?
The AG found no provision in the window tint statute banning battery powered meters as an enforcement method. It left the reliability and admissibility of any particular meter reading to a court on…
Can the Tennessee Physical Therapy Board stop a chiropractor from advertising that they offer 'physical therapy' if no licensed PT is involved?
Yes. The opinion concluded the Physical Therapy Board could seek a court injunction and impose civil penalties up to $1,000 per violation against a chiropractor who advertised 'physical therapy'…
Can Tennessee pass a law letting (or requiring) water and sewer utilities to give senior citizens a discount on their bills?
Yes. The AG concluded the General Assembly could authorize or require local water and sewer utilities to offer senior citizen discounts. The Tennessee Constitution's equal-and-uniform clause applies…
Is the Tennessee Housing Development Agency the only entity authorized by Tennessee law to administer the state's Project-Based Section 8 housing voucher contracts with HUD?
Yes. The AG concluded that THDA was the only Tennessee 'public housing agency' under 42 U.S.C. § 1437a(b)(6)(A) with the statutory authority to administer Project-Based Section 8 contracts on a…
What recording fee could a Kentucky county clerk charge when a tax delinquency certificate was resold?
For a later assignment from one purchaser to another, the 2012 AG applied the $12 general recording fee, plus $3 per page beyond three. If one document reassigned several certificates, the clerk…
Could an appointed Greenville sewer district raise property taxes or sewer fees?
The AG said the Metropolitan Sewer Subdistrict’s appointed board had to follow statutory methods to change its operations tax levy. It appeared able to impose or revise sewer service charges and tap…
Can workers' compensation investigators in the State Board's Enforcement Division enforce Georgia's new aggravated identity fraud statute?
Yes, but only in narrow circumstances. POST-certified investigators in the Workers' Compensation Enforcement Division may make arrests and execute search warrants for aggravated identity fraud under…
Can the Tennessee Real Estate Commission require vacation rental management companies to post a $25,000 surety bond on top of the escrow requirements the Legislature already imposed?
No. The AG concluded that the Commission could not impose a blanket surety bond rule on vacation lodging service firms, because Tenn. Code Ann. § 62-13-104(b)(3)(C)-(D) already prescribes three…
Can a Florida railroad 'special officer' also serve as an unpaid reserve deputy sheriff without violating the dual office-holding ban?
Yes. The AG concluded that a special officer for a carrier under Chapter 354 is an 'officer' for dual office-holding purposes (commissioned by the Governor, holding a term, with arrest powers and…
Can a Florida county levy a special assessment to fund emergency medical services under section 125.271?
Yes, for qualifying counties. The AG concluded that section 125.271 lets a county within its definitions (including Baker County, a designated rural area of critical economic concern) fund emergency…
Can a Florida bailiff with a concealed weapons permit carry a gun in the courthouse if the presiding judge gives permission?
Yes. The AG concluded that section 790.06(12)(a)5. lets a presiding judge decide who may carry a concealed weapon in the judge's courtroom, and that this authority necessarily allows the authorized…
Can someone appealing a South Carolina municipal court case get the court’s tape?
The AG said a municipal judge had no duty to hand an appellant a transcript or recording merely because of an appeal. A tape already held by the court was presumptively open for inspection or…
Could the Texas physical-therapy licensing board share licensees' Social Security numbers with a private national licensing organization?
No. The AG concluded that state law made applicants' and licensees' Social Security numbers confidential, so the physical-therapy board could not disclose either the full number or its last four…
Are eight-liner machines legal in a Texas bingo hall if their tickets can be redeemed only for bingo cards, daubers, or concession items?
No. The AG concluded that the described machines were illegal gambling devices because their tickets could be exchanged for bingo play, which was not a qualifying noncash merchandise prize, toy, or…
Could a Texas school attendance officer also work as a juvenile court coordinator in the justice court handling the district's truancy cases?
No statute prohibited the school district and county from arranging for district attendance officers to serve simultaneously as juvenile court coordinators. The AG declined to decide whether the…
Did Cayce have to give the Richland-Lexington Airport District city water rates?
The AG said Cayce did not have to charge the unannexed Airport District the same water rate as city residents unless its contract required that rate. Annexation, with the airport commission’s…
Can a Virginia city tax a contractor's business activities performed on a federal military base?
Yes. Even though the U.S. has exclusive jurisdiction over JEB Little Creek, the Buck Act lets Virginia Beach assess BPOL tax on a private contractor's gross receipts from work there. Whether the…
When I appeal a Tennessee General Sessions Court decision to Circuit Court, do I have to post a surety bond on top of paying the clerk's costs, and which court decides whether I'm too poor to pay?
Yes on the bond. The AG concluded that paying costs to the General Sessions clerk under Tenn. Code Ann. § 8-21-401(a) did not satisfy the separate appeal-bond requirement in Tenn. Code Ann. §…
Could an Isle of Palms council member teach unpaid recreation classes and stage plays?
The AG said unpaid teaching at the city recreation department might still count as prohibited municipal employment or create a supervisor and employee conflict; it left the factual decision to a…
Could an Anderson tax appeals chair also sit on South Carolina’s Medical Disciplinary Commission?
The AG concluded the tax appeals chair could continue in both roles. The tax board position counted as a public office, but the medical commission only heard complaints and recommended findings to…
Do Delaware county sheriffs have the legal authority to arrest people?
No, in the AG's view. Responding to a Kent County Sheriff's own question, the AG concluded that Delaware sheriffs and their deputies have neither constitutional arrest power under the historic…
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Two states are not listed and are not pending: New Hampshire publishes its opinions on a page that automated retrieval cannot read, and Rhode Island publishes no complete full-text archive at all. We will add them if that changes.