State AG Opinions
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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…
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…
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…
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…
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…
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…
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,…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
Could Connecticut parole and correction officials see erased juvenile and youthful offender records without a release?
The 2009 AG opinion said eligible parole and correction officials could obtain relevant erased juvenile delinquency and youthful offender records without a signed release, including records…
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…
Could a Washington corrections officer carry a concealed personal pistol off duty without a license?
The Attorney General concluded in 2009 that a limited-authority corrections employee had a license exemption only within Department of Corrections authorization connected to assigned law-enforcement…
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…
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…
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)…
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…
When do Virginia's alternative onsite sewage system rules trigger limits on what localities can require?
The AG concluded that adoption of the emergency regulations required by the 2009 amendments to § 32.1-163.6 would trigger § 15.2-2157(C)-(D) on the regulations' effective date. The opinion does not…
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…
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…
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…
Could a Maryland county meet school maintenance-of-effort funding by shifting school debt payments to its school board?
For fiscal 2010, the Attorney General said Montgomery and Prince George's Counties could not meet their maintenance-of-effort targets by appropriating the full amount while requiring school boards…
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…
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…
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…
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…
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…
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…
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,…
Could Connecticut's governor close High Meadows after lawmakers funded it in the 2009 budget?
The Attorney General concluded that the 2009 biennial budget intended to keep High Meadows open and gave the governor no authority to close it. The governor could still reduce the department's…
How does a Virginia commissioner of the revenue assess a farm when part of it sits inside an incorporated town, especially when the county has a use-value program for agriculture but the town doesn't?
The commissioner of the revenue lists the entire farm parcel on the county's land book even though part of it sits inside an incorporated town, then lists the in-town portion as a separate line item…
When a Virginia polling place can't be used on Election Day because of an emergency, what's the legal process for moving voters to an alternative location?
Section 24.2-310(D) is the operative statute. It overrides the normal 60-day blackout on polling place changes when an emergency makes a polling place unusable or inaccessible. The local electoral…
How much can a Virginia locality require a subdivision developer to bond for administrative costs?
No more than 10%. Under § 15.2-2241(5) as amended in 2009, a Virginia locality could not require a subdivision developer to post a bond with an administrative allowance exceeding 10% of estimated…
Did Maine's 2009 marriage equality law require Maine public schools to teach about same-sex marriage?
No. AG Janet Mills concluded that PL 2009, c. 82 (which expanded civil marriage to same-sex couples) had no impact on the curricula of Maine's public schools. Marriage law lives in Title 19-A;…
Does the age-45 cap on new Texas police officers apply to an officer who resigned and is reappointed?
The Attorney General found no case law or statute saying it does. Section 143.105 of the Local Government Code (part of the Fire Fighter and Police Officer Civil Service Act) bars certifying a…
Can Texas voters force a county appraisal district to reappraise property only every three years instead of yearly?
No election, but the three-year cycle itself is legal. The Attorney General concluded that an appraisal district and its participating taxing units are not authorized to put the appraisal schedule…
Can a Florida hospital district buy equipment and a building from one sole-source vendor without competitive selection for the design work?
No. Attorney General Bill McCollum concluded that the North Broward Hospital District could not use a sole-source contract with an equipment vendor that then hires a general contractor to design and…
Can one person serve at the same time on a county code enforcement board, a housing finance authority, and a city development board?
Attorney General Bill McCollum concluded that members of the Orange County Code Enforcement Board, the Orange County Housing Finance Authority Board, and the City of Orlando Downtown Development…
Can a Florida city switch to four-year terms and extend sitting officials' terms in one charter referendum?
Yes. Attorney General Bill McCollum concluded that the City of Springfield could use a single referendum to amend its charter to change elected officers' terms from two years to four years and to…
Can a Florida city zone a county-owned airport that sits inside the city limits?
No. Attorney General Bill McCollum concluded that a county-owned airport sitting inside a municipality's boundaries is under the exclusive jurisdiction of the county under section 125.015, Florida…
Could a Connecticut city set its own fees and insurance requirements for state marshals serving city papers?
Yes, under the law discussed in this 2009 opinion. A city could require marshals seeking its service work to accept a city fee schedule between the state minimum and maximum, and to carry more…
Can a Virginia county board of supervisors or a circuit court judge tell the circuit court clerk how to spend the Technology Trust Fund money credited to the clerk's office?
No. Neither a locality nor a circuit court judge has statutory authority to direct how a Virginia circuit court clerk uses Technology Trust Fund monies allocated to the clerk's office under §…
Can Fairfax County impose its admissions tax on concerts and shows held at George Mason University's Patriot Center, even though a private company runs the building for the state university?
Yes. Section 58.1-3818(A) lets Fairfax County levy an admissions tax up to 10% on attendance at events. If the private corporation managing George Mason University's Patriot Center actually has…
What drafting problems did Idaho’s AG find in the 2009 dog ear cropping initiative?
The AG warned that the proposal mixed misdemeanor and civil penalties, conflicted with existing enforcement provisions, and named district attorneys that Idaho did not have. He advised a clearer…
Can a Florida county set a nighttime curfew on airboats to cut down noise?
Attorney General Bill McCollum concluded that an airboat curfew aimed at noise is not a 'boating-restricted area' under section 327.46, so it does not need Fish and Wildlife Conservation Commission…
When land moves from one Florida county to another, which county collects that year's property taxes?
Attorney General Bill McCollum concluded that because the transferred land (known as 'the Wedge') was in Palm Beach County on January 1, 2009 and was assessed by the Palm Beach County Property…
Could Maryland repeal older public-meeting statutes during code revision without changing the law?
Mostly. The Attorney General concluded that the public-meeting requirements in three 1954 statutes largely overlapped Maryland's later Open Meetings Act and could be repealed during code revision.…
Can county supervisors require the surveyor personally to hear tentative subdivision maps?
The California Attorney General concluded in 2009 that supervisors could require the county surveyor, rather than a deputy, to conduct hearings and make initial map decisions. The supervisors…
Could North Charleston lease City Hall office space to its city attorney for city and private legal work?
The Attorney General concluded that a court likely would not treat the proposed lease as a breach of the city’s trust in its property. The city attorney mainly handled city business, the location…
Could an unlicensed company provide radiology services through a California workers’ compensation network?
No. The California Attorney General concluded in 2009 that joining a Medical Provider Network did not let an unlicensed person or entity perform professional radiology services. The opinion treated…
Did South Carolina’s subdivision lot tax discount estimate restart when a developer applied each year?
The Attorney General’s 2009 reading was yes: the assessor’s sales-period estimate under Section 12-43-224 could start over with each annual discount application if the other requirements were met.…
Did inactive registered voters count when Maryland calculated how many early voting centers a county needed?
For the 2009 early voting center formula, the Attorney General concluded that officials had to exclude voters in inactive status from the registered-voter count. The existing Election Law prohibited…
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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.