State AG Opinions
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Would a Tennessee bill allowing license revocation for student-loan default violate due process?
The AG found proposed HB 0740 constitutionally defensible. It was rationally related to collecting student-loan debt, and its notice and hearing provisions provided sufficient due process before a…
Does a police officer standing near a Tennessee red-light or speed camera make the device 'manned,' so that the statutory restrictions on automated enforcement no longer apply?
No. The AG concluded that an automated traffic enforcement camera remains 'unmanned' under Tenn. Code Ann. § 55-8-198 when an officer is merely present and takes no active role in collecting…
Are tax records held by Tennessee cities and counties (like hotel/motel taxes and gross receipts taxes) confidential, or are they open public records?
It depends on the source of authority. The AG concluded Madison and Rhea County hotel/motel tax records were confidential because their authorizing private acts gave the clerks 'powers and duties'…
Can the same person serve as a Tennessee county's finance director and as a member of the same county's school board?
Yes. The AG concluded that in counties using the County Financial Management System of 1981, the same person could hold both positions. The finance director is a county employee, not an official, so…
Can a Tennessee county apply its wheel tax to only some categories of vehicles, set different rates for different vehicle types, or create its own exemptions?
Yes to all three. The AG concluded Tenn. Code Ann. § 5-8-102(b) lets counties pick which 'taxable by the state' vehicles bear the wheel tax, set different rates for different vehicle classes, and…
What rights does someone who files a complaint against a Tennessee lawyer (especially a Board of Professional Responsibility member) have if the complaint is dismissed?
Limited rights. The AG concluded a complainant's rights under Tenn. Sup. Ct. Rule 9 are filing the complaint, getting notice of a recommendation of dismissal, and appealing once to the Board or…
What did Idaho's AG flag about the 2012 ballot initiative to end Idaho's state liquor monopoly and privatize retail liquor sales?
The AG reviewed the proposed shift to private liquor retail and identified drafting and constitutional questions, including inventory transfer, licensing, and whether one initiative could combine a…
Could Bamberg County fire a probate clerk for running for probate judge?
The AG concluded Bamberg County could not enforce its candidate termination ordinance against the probate court clerk. The clerk served at the elected probate judge’s pleasure, outside county…
Could a local South Carolina housing authority act throughout the state?
The AG concluded that city, county and regional housing authorities had statutory territorial limits. The state Housing Finance and Development Authority had express statewide authority; HUD was…
What are the rules and enforcement limits for Florida school zone speed limits under section 316.1895?
In an informal advisory letter, the Attorney General's Office said it could not give a formal opinion because a school superintendent is not charged with establishing, designing, or enforcing school…
Does someone who cannot afford a lawyer have a right to a court-appointed attorney at a Tennessee probation revocation hearing?
Yes. The AG concluded that an indigent defendant facing probation revocation in Tennessee had a right to appointed counsel under Tenn. Code Ann. § 40-35-311(b) and Tennessee Supreme Court Rule 13,…
Can a Virginia prosecutor amend a municipal ordinance charge into the equivalent state-law charge when local police made the arrest, and does a judge have to approve?
Yes, the prosecutor may move to amend such a charge for local arrests, because § 46.2-1308 only restricts amendments for Title 46.2 cases brought by state police. But the amendment is subject to…
Are Colorado Charter School Institute schools subject to TABOR's voter-approval requirements for multi-year debt and emergency reserve obligations?
Yes. The AG concluded that CSI Charter Schools are 'districts' under TABOR because they are essentially governmental in nature, are created and primarily funded by the state, perform an essential…
Can two Tennessee city-owned electric systems team up under the Interlocal Cooperation Act to jointly provide cable, video, or internet service across their combined service areas?
Yes, within their existing service areas. The AG concluded that municipal electric boards could contract with each other under the Interlocal Cooperation Act to jointly exercise their authority to…
Would a Tennessee law requiring the governor to designate a 'Tennessee's Day of Prayer' violate the First Amendment's Establishment Clause?
No. The AG concluded that the proposed Tennessee's Day of Prayer legislation could not be successfully challenged under the Establishment Clause. The law imposed no obligation on citizens,…
Did removing sex offender registration as a probation condition end a separate registration duty?
No. The AG concluded that the judge removed only a probation condition. Because the pleaded offense fell within the registry statute and the conduct involved minors, the defendant still had to…
Can a Florida county adopt a 'piggyback' procurement policy for road construction instead of competitively bidding to the lowest responsible bidder?
In an informal advisory letter, the Attorney General's Office said it could not formally review the county's resolution, but offered guidance: sections 336.41(4) and 336.44 require county road…
Can a Tennessee county apply its courthouse-security litigation tax to some types of cases (or courts) and not others?
No. The AG concluded the privilege tax authorized by Tenn. Code Ann. § 67-4-601(b)(6) had to be levied on all civil and criminal cases in all courts within the county. The word 'all' in the statute…
Did Maine State Treasurer Bruce Poliquin's ownership of the Popham Beach Club and his real estate development company Dirigo Holdings, LLC violate the Maine Constitution's prohibition on the Treasurer engaging in 'any business of trade or commerce'?
Maybe, depending on activity. The AG concluded that passive stock ownership is permissible but active business operation likely is not. The constitutional ban in art. V, pt. 3, § 3 has very little…
Can a Virginia locality limit a design-build construction selection to five qualified offerors?
Yes. The AG concluded that a Virginia locality (the request came from Virginia Beach) could adopt design-build construction procurement procedures that limit selection to no more than five offerors…
Can the Tennessee legislature pass a law that changes annexation rules for just one county or one piece of land?
Probably not. The AG concluded that both SB 3703 (moving a specific Shelby County tract out of Memphis's reserve area) and SB 3702 (changing annexation and deannexation rules only for counties with…
Can a Washington Department of Health inspector enter an occupied hotel or motel room with the guest's permission to check for health and safety violations as part of a routine licensing inspection?
No. RCW 70.62.250(2) bars the Department of Health from entering a room leased to a guest for a transient-accommodation inspection, even with the guest's consent and even when the guest is…
If Washington state law only requires Seattle restaurants to accommodate trained guide dogs and miniature horses, can Seattle still enforce its broader ordinance covering more types of service animals?
Yes. RCW 49.60.218 narrowed state law's service-animal accommodation requirement for food establishments to dogs and miniature horses, but it does not preempt a first-class city's ordinance…
Could Maine constitutionally use Highway Fund revenue (collected from gas taxes and vehicle fees) to subsidize the Maine State Ferry Service that connects mainland communities with offshore islands?
Yes, with caveats. The AG concluded that the 1996 AG opinion (Op. 96-11) remained defensible: Highway Fund money could be used for ferries whose 'principal purpose is the transportation of motor…
Does Florida farmland lose its agricultural tax classification just because the owner puts it up for sale?
In an informal advisory letter, the Attorney General's Office declined to address matters pending before the Polk County Value Adjustment Board, but offered general guidance on Chapter 2010-277:…
Can the Texas appraiser board regulate 'uniform and equal' studies done by property tax appraisers?
Largely yes. The Attorney General explained that chapter 1103 of the Occupations Code does not regulate only 'appraisals'; it regulates the licensing and certification of appraisers, who must follow…
Does Texas nepotism law stop a school superintendent from reassigning their spouse to another campus?
No. The Attorney General concluded that a superintendent of an independent school district is not a 'public official' subject to the anti-nepotism provisions of chapter 573 of the Government Code…
How is the 5% cap on alternative investments calculated for the Georgia Firefighters' Pension Fund: by committed amount, current market value, or actual cost paid?
By aggregate historical cost. The Attorney General read O.C.G.A. § 47-7-127(d)'s 5% limit together with O.C.G.A. § 47-20-82(c)'s rule that 'any investment limitation based upon the amount of the…
Does deducting the new 5% VRS retirement contribution from an injured Virginia state worker's pay create a workers' comp penalty?
No. The AG concluded that a state payroll check carrying the new 5% Virginia Retirement System member contribution still counted as a 'regular payroll check' under § 65.2-524, so the Commonwealth…
Could a school district share information about crimes at school with the sheriff despite FERPA?
The AG said FERPA did not categorically bar sharing school crime information with law enforcement. Whether a particular record could be disclosed depended on its type and circumstances; the office…
Can a Tennessee utility district charge a 'growth and development fee' or 'impact fee' on new construction, and what makes such a charge a legal fee instead of an illegal tax?
Yes, within limits. The AG concluded that utility districts under the 1937 Utility District Law could charge fees on new development if the proceeds were used only to provide and expand service to…
Could Spartanburg School District 7 start an extended elementary school year in July?
The AG said the proposed July start did not qualify for the year-round exception and appeared to conflict with the statutory August opening date. The district could seek a State Board of Education…
Does a Virginia drug-manufacturing or drug-by-fraud felony conviction disqualify someone from food stamps?
Yes. The AG concluded that felony convictions for manufacturing controlled substances (§ 18.2-248) or obtaining them by fraud (§ 18.2-258.1) triggered the federal food stamp disqualification,…
How would Virginia's proposed eminent domain amendment change just compensation, lost access, and lost profits rules?
The proposed amendment would not make ordinary inconvenience a compensable property damage, and temporary festival or parade street closures would remain non-compensable. Existing law generally…
Could Kentucky government agencies put official license plates on leased vehicles?
Yes under the 1996 amendment examined in 2012. Kentucky's official-plate statute now covered vehicles a governmental unit leased or owned, so older AG opinions requiring exclusive ownership no…
Can a Florida police department record incoming and outgoing phone calls, and is a beep enough notice that a transferred call is still being recorded?
The AG concluded that once a caller is told at the start that the line is recorded, a periodic audible beep is sufficient notice (and implied consent under section 934.03(2)(d)) that a transferred…
After Florida rewrote its Power of Attorney Act in 2011, are military springing powers of attorney made under 10 U.S.C. 1044b still valid in Florida?
Yes. The AG concluded that the second sentence of the military power-of-attorney provision does not limit the first, so all 'springing' military powers of attorney executed under 10 U.S.C. section…
Can a Florida city change its police and firefighter pension board by ordinance, including who serves on it and what counts as a quorum?
Two different answers. The city could not add criteria for picking the board's fifth member, because section 185.05(7) forbids a participating municipality from altering that section. But nothing in…
Is the Lauderhill Housing Authority the exclusive public body administering housing projects within the City of Lauderhill?
Yes. The AG concluded the Lauderhill Housing Authority, created by city resolution under the Housing Authorities Law, was the exclusive public body authorized to administer housing projects within…
Can a Florida county sell eminent domain property back to its former owner below the acquisition price after the market value dropped?
No, not as a straight buy-back below the original price. The AG concluded that under section 73.013(1)(f), within 10 years of a taking a county must give the former owner the chance to repurchase…
Is section 95.18(7) the only way a Florida property appraiser can remove an adverse possession notation from the tax roll?
Yes. The AG concluded that section 95.18(7), as amended in 2011, is the legislatively prescribed (and exclusive) method for a property appraiser to remove an adverse possession notation from a…
Did Tega Cay have to elect a public works commission to govern its water and sewer system?
The AG concluded that Tega Cay could leave its system under city council. The statute tied election of public works commissioners to an election on utility bonds, and the city had issued revenue…
Can a Virginia state legislator raise funds for a federal candidate during the General Assembly session?
Yes. The AG concluded that § 24.2-954's ban on fundraising during a regular General Assembly session reached only campaigns for state offices, not federal ones. A Virginia legislator could raise…
Did public elementary schools need DSS approval for prekindergarten programs lasting more than four hours?
The AG said a public elementary school’s independent prekindergarten program was excluded from the general childcare facility licensing law. A four-year-old program participating in the state-funded…
Could the Colorado State Board of Education approve Innovation Schools Act waivers for a brand-new school that didn't yet have any teachers, administrators, or accountability committee?
Yes. The AG concluded that the Innovation Schools Act of 2008 was meant to expand local-school-district flexibility, that the majority-support evidence requirement in § 22-32.5-104(3)(f) only…
Can a Texas mental health facility arrange to transport a patient to a state hospital after just a preliminary examination?
Not on its own. The Attorney General concluded that the transportation statute, section 574.045 of the Health and Safety Code, covers people detained under sections 573.022 and 574.023, but not…
Can a Texas HOA board that's subject to the Open Meetings Act meet by phone conference call?
Generally no. The Attorney General concluded that the Clear Lake City Community Association's board may not meet by telephone conference call, even if only one member calls in, except under section…
How is a vacancy on a Texas junior college district board filled, and how can you challenge a trustee who no longer lives in the district?
The Attorney General gave two answers. To test whether a trustee vacated the seat by moving out of the single-member district that elected the trustee, the opinion said a court could decide the…
What law enforcement powers do officers of a Tennessee judicial district drug task force have, and is it constitutional to fund a task force entirely from asset forfeitures?
The AG concluded that an officer assigned to a drug task force by a constituent agency could exercise the full powers of that agency throughout the judicial district. An officer hired directly by…
Can a member of a Tennessee economic development board personally benefit, including by selling land, from a deal involving a company the board helped recruit to the county?
Sometimes. The AG concluded a Joint Economic and Community Development Board member could not be a direct party to any contract the member had a duty to vote on, let out, or supervise. A private…
If Oregon law tells law enforcement officers to return seized medical marijuana to a card-holder, but federal law makes possessing or distributing marijuana a crime, do the officers have to return the marijuana, and if they do, are they breaking federal law?
The AG concluded the federal Controlled Substances Act likely preempted ORS 475.323(2)'s return-the-marijuana requirement, leaving the state requirement 'without effect.' Officers returning seized…
Did the 1992 Education Improvement Act override an older private act that gave the Maury County Quarterly Court the power to elect school board members?
Yes. The AG concluded that Tenn. Code Ann. § 49-2-201(a)(1), enacted as part of the 1992 EIA, required Maury County school board members to be popularly elected, overriding the 1973 private act…
Can a single county commissioner in Florida ask a department head for records without the whole board's approval or a public records request?
Informally, yes. The office said it was aware of no Florida law or Suwannee County ordinance requiring an individual commissioner to get the full board's permission before asking staff for…
Did South Carolina’s deer baiting ban also forbid hunting over bait in Game Zones 1 and 2?
The AG read the 2008 statute to prohibit baiting for deer in Game Zones 1 and 2, but not hunting or taking deer over bait there. A separate DNR regulation prohibited both baiting and hunting over…
Can an out-of-state housing authority's corporate arm operate as a public housing authority in Delaware?
No, the AG found. Only a housing authority created and operating under Delaware's exacting statutory process, certified by the Delaware State Housing Authority and appointed by the Governor and…
Can Tennessee constitutionally divert state sales tax revenue to a municipality near a state border to help finance a large retail or tourism development?
Yes. The AG concluded that the 2011 Border Region Retail Tourism Development District Act served a public purpose, so diverting state sales tax to municipalities for these projects did not violate…
Can Tennessee legally stop funeral homes from discounting prepaid funeral contracts, or does that violate antitrust or commerce laws?
No. Tennessee's prohibition on discounting prearranged funeral contracts under Tenn. Code Ann. § 62-5-409(c) is a valid exercise of state authority. It is exempt from the Sherman Antitrust Act under…
Can Tennessee charge a backyard egg seller a license fee under the Food, Drug and Cosmetic Act if they are exempt from the Egg Law?
No. A buyer, seller, or processor of eggs who is exempt from licensure under Tenn. Code Ann. § 53-2-107(2) of the Tennessee Egg Law cannot be required to obtain a license under the Tennessee Food,…
Can a Tennessee cow-share owner make and use butter from the cow's milk, and can the state charge a license fee for selling backyard-flock eggs?
Two answers. (1) An 'independent or partial owner' of a hoofed mammal under Tenn. Code Ann. § 53-3-119 can use a dairy product made from the animal's milk for personal consumption or other personal…
How do Tennessee's milk-pricing rules treat brand matching, volume rebates, and store loyalty cards when figuring out whether a retailer is selling below cost?
Four answers. (1) A retailer claiming the good-faith 'meet competition' exemption under Tenn. Code Ann. § 53-3-204(7) does not need to match the competitor's brand; matching by product type (whole…
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