State AG Opinions
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Can a Tennessee state agency suddenly cancel its previously approved licensure courses and shorten the approval period retroactively?
The Commission had to follow its existing four-year approval rule while it remained in force. The AG said it could adopt a two-year period through proper rulemaking and apply that change…
Does a Tennessee deputy sheriff have to resign before running for the county commission, or can the deputy keep the badge while campaigning?
The AG concluded there was no blanket Tennessee rule requiring a deputy sheriff to resign before running for the county commission. Two conditional rules applied: the federal Hatch Act forced…
What qualifies someone to serve on a Texas water improvement district board, and what election and open-records rules apply?
The Attorney General answered several governance questions about the Logan Slough Creek Improvement District, a water district created by special legislation in 1961. To be qualified to serve on the…
Can a Delaware town council use a closed executive session to actually decide a contested land-use application?
No, the AG found. The council could properly go into executive session just long enough to get legal advice on the litigation risks of approving or denying two subdivision applications, but once it…
Can a Virginia state legislator raise money for a federal campaign while the General Assembly is in session?
Section 24.2-954 bars fundraising only for state-office campaigns during the regular session, not for federal campaigns. Even if it tried to reach federal campaigns, the Federal Election Campaign…
Can Tennessee's Board of Probation and Parole supervise people on pretrial diversion before any conviction?
No. The Board's statutory authority covers parolees and probationers, both of whom are people who have already been convicted of a crime. Pretrial diversion participants have not been convicted, so…
Under Oregon's social-games exception, when does a private poker game cross the line into unlawful gambling because someone is acting as the house?
A social game must be between players and have no house player, house bank, house odds, or house income. The house includes a business or club where the game occurs and anyone who operates an…
Can a city refuse to hand over water-dispute records just because its lawyer believes the requester will eventually sue?
No, the AG found. A city attorney's subjective impression from a phone conversation, that a condo association's lawyer was hinting at a future lawsuit, wasn't objective enough evidence of a…
Who pays for a Texas district attorney's legal defense when she is sued for civil rights violations on the job?
The Attorney General answered three of the district attorney's questions, all negatively. First, a county commissioners court has no duty under Local Government Code section 157.901 to pay a…
Could Surfside Beach’s council assign manager-like duties to a town administrator?
The Attorney General said the council could set the administrator’s duties under its council form of government, so long as those duties did not conflict with state law.
Did a disabled veteran’s surviving spouse get a vehicle property-tax exemption by holding the special veteran plate?
The Attorney General concluded that the surviving spouse was not eligible for the disabled-veteran vehicle property-tax exemption, even with the special plate. The plate provision addressed…
Can a Tennessee judge issuing an emergency order of protection order an abuser out of the home, and can violations be punished with contempt?
Yes to both questions for judges. A Tennessee judge or magistrate issuing an ex parte order of protection has the authority to order the respondent to immediately vacate the shared residence pending…
Can a Tennessee city spend hotel-motel tax revenue from a 1989 private act on any city department, and can it route the money to the parks and cemetery department as 'recreation' spending?
The AG concluded that Union City may distribute hotel-motel tax proceeds to any department as long as that department spends the money on Section 3 purposes (inducing manufacturing, industrial,…
When must a Tennessee tow truck driver get the written tow authorization, before hooking up or before pulling away?
A Tennessee tow truck driver does not violate Tenn. Code Ann. § 55-16-112(a) by hooking a vehicle to the truck before the written authorization is complete, as long as the driver does not pull or…
Are Tennessee cities and counties legally required to provide police, fire, or medical services?
No general Tennessee statute requires a city or county to run a police force, a fire department, or hospital and ambulance services. Each county must establish a health department to enforce state…
Did Colorado's 1% Art in Public Places set-aside apply to higher education construction projects financed by certificates of participation paid from federal mineral lease revenues?
No. The AG concluded that the certificates-of-participation financing scheme did not generate a 'capital construction appropriation' triggering the 1% Art in Public Places allocation under §…
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…
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…
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…
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…
Could a South Carolina fire inspector obtain an administrative fire-search warrant or sign a criminal warrant affidavit?
The Attorney General found no state statute authorizing administrative warrants for fire investigations and left any local fire-code authority unverified. It also concluded that a fire inspector…
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…
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…
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…
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…
Could South Carolina workers’ compensation parties view pending hearing rosters through a password-protected site?
The Attorney General said the Commission could give employees, employers, and their authorized representatives access to their own pending case and single-commissioner hearing rosters after…
Did South Carolina’s 2010 payday-loan database have to include loans already outstanding when it launched?
The Attorney General advised against loading existing deferred-presentment loans into the initial database without court or legislative clarification, because affected borrowers might not have…
Did Santee Cooper’s proposed biomass loan guarantee violate South Carolina’s public-credit ban?
On the facts supplied, the Attorney General said the proposed guarantee would not pledge the state’s credit or make Santee Cooper a joint owner of the biomass company. The office had not reviewed…
Could a South Carolina county fund public works in small towns but require a larger town to pay?
The Attorney General found no state-law bar to the county’s population-based public works funding policy. Counties were not obligated to fund municipal public works, but any expenditure had to serve…
Did a South Carolina charity own equipment a donor later claimed should be returned?
The Attorney General declined to decide ownership of the equipment because the donation’s terms and other facts were disputed. It said a charity had a duty to protect property actually given to it…
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…
Does the Endowment Fund Investment Board have to apply trust-law fiduciary duties when guaranteeing Idaho school district bonds?
Yes. The board must apply prudent-investor, loyalty, and impartiality duties to the pledge as an investment. Given the projected loss of return, it had to charge offsetting fees if it chose to…
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…
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…
Does a railroad with underground facilities at a South Dakota crossing have to join the One Call system and mark its facilities, or does the landowner exemption apply?
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…
Did Kentucky's 2010 pari-mutuel betting rules allow machines that took wagers on previously run horse races?
The AG concluded that Instant Racing was impermissible under Kentucky's then-current pari-mutuel regulations. The horse-racing statute did not clearly forbid betting on completed races, but the…
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…
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…
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…
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…
Could Connecticut's State Properties Review Board contact third parties for market data on proposed state leases?
Yes, under the procedures described. The Review Board could ask third parties for public market-rate data because it was reviewing, not negotiating, leases and did not disclose nonpublic information…
Did a jointly bargained college employee benefits committee have to meet publicly in California?
The California Attorney General concluded in 2009 that the Los Angeles Community College District’s joint benefits committee was created by collective bargaining, not as a legislative body under the…
Could a California car sales contract be several attached, numbered pages?
Yes. The California Attorney General concluded in 2009 that the single-document rule allowed multiple pages when they were physically attached and integrated, for example by inclusive sequential…
Could California deny veterans housing because of sexual orientation or a registered domestic partner?
The California Attorney General concluded in 2009 that otherwise eligible veterans could receive state-funded benefits regardless of gender or sexual orientation, and registered domestic partners…
Did a California fire district need its county treasurer’s consent to invest surplus funds elsewhere?
The California Attorney General concluded in 2009 that a fire protection district could invest surplus funds outside the county treasury without its ex officio county treasurer’s approval. Other…
Could Caltrans sell former highway homes below market price under the Roberti Law?
In 2009, the California Attorney General said yes for property that qualified as surplus residential property under the Roberti Law. The law supplied a limited exception to the usual…
Could a California air district award a clean-engine grant to one of its own board members?
The California Attorney General concluded in 2009 that the public-services exception to the government contract conflict rule did not cover this grant. Carl Moyer Program awards required…
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…
Can a mental health facility make police get a patient 'medically cleared' before an emergency mental health detention?
No. The Attorney General concluded that chapter 573 does not authorize an inpatient mental health facility or mental health facility to require a peace officer to take a person in custody to a…
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,…
Can a Kentucky workers' compensation insurer pay a mail-order pharmacy the discounted rate it negotiated with other pharmacies?
The AG said an employer or insurer could negotiate workers' compensation pharmacy reimbursements below the fee schedule without infringing an injured employee's statutory choice of treating…
Can a private citizen insist on presenting criminal allegations directly to a Kentucky grand jury without telling the prosecutor what the case is about?
The AG concluded that a private citizen had no independent right to present evidence directly to a Kentucky grand jury, especially while withholding the accusation from the prosecutor. The grand…
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…
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…
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,…
What could a Kentucky medical provider charge a patient for the first and later copies of medical records?
The AG said a Kentucky patient was entitled to one complete copy of medical records without charge; a second copy could cost no more than $1 per page in total copying-related charges. A provider…
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,…
Could Washington include preschool in basic education but limit it to children from low-income families?
The Attorney General concluded in 2009 that Washington could create basic-education early learning for children at risk of educational failure. An income-only eligibility rule would conflict with…
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…
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…
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