State AG Opinions
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When someone dies from an accident or trauma in Virginia, who is legally required to take charge of the body, and who pays for removing it?
AG Herring concluded that under Va. Code § 32.1-283, once the Office of the Chief Medical Examiner is notified of a death from trauma, injury, violence, or similar circumstances, OCME alone is…
Can the Chesapeake Bay Restoration Fund Advisory Committee use specialty license plate revenue to pay a marketing firm to sell more 'Friend of the Chesapeake' plates?
No. AG Herring concluded the Fund's enabling statutes (Va. Code §§ 30-256 and 46.2-749.2) restrict the money to environmental education and Chesapeake Bay restoration projects. Paying for marketing…
Did Louisiana’s state executive-branch board term limit apply to the Firefighters’ Retirement System trustees?
No. The Attorney General concluded that the Firefighters’ Retirement System board was not a board or commission in the executive branch of state government for purposes of La. R.S. 42:3.2, so that…
Could a Louisiana widow claim the homestead exemption on her late husband’s separate-property mobile home?
Yes. The AG said the surviving spouse could claim the homestead exemption while occupying the mobile home and holding a usufruct, even though it had been her husband’s separate property and she had…
Must a Louisiana assessor provide tax-roll data on a disc when the same information is searchable online?
The AG said yes if the assessor maintained the public data so that a disc copy could easily be made. Posting a searchable website did not replace the duty to provide the electronic copy; a…
Could Bogalusa police exclude sick leave hours from overtime calculations after an officer used 120 hours?
The AG said Bogalusa's order excluding sick leave from contract-overtime calculations after 120 hours of sick leave did not conflict with the cited state rules, because it did not remove paid sick…
Can a public health center release a former employee's basic employment status record under Arkansas FOIA?
Yes. The AG reviewed the one-page record (a print-out of the employer's database showing standard employment information like hire date, separation date, and conditions of separation) and concluded…
Do Arkansas state agencies have to turn over unclaimed property to the Auditor of State just like private companies do?
Generally yes. The AG concluded that the Arkansas Unclaimed Property Act applies to state agencies, boards, commissions, and political subdivisions because the Act's definition of 'person' includes…
Why did the Arkansas AG rewrite the popular name for the proposed 'reduce 3 to 1' constitutional amendment limit on legislatively-referred amendments?
The sponsor's revised popular name said the amendment would reduce 'the number of constitutional amendments allowed the General Assembly' under Article 19, Section 22. The AG concluded that wording…
When relatives of a deceased person in Arkansas refuse or can't afford burial, can the county pay for it?
Yes, in defined circumstances. The AG concluded an Arkansas county can lawfully order and pay for the burial or cremation of an unclaimed body. Under the Final Disposition Rights Act and the…
What did Florida's Attorney General ask the Supreme Court to review about the 2016 medical marijuana amendment?
This is the Attorney General's 2015 petition asking the Florida Supreme Court to decide whether the proposed 'Use of Marijuana for Debilitating Medical Conditions' amendment met the single-subject…
If a Virginia school bus stop-arm video camera captures a driver illegally passing, can the locality just mail the driver a summons, or does it have to be served in person?
It has to be served in person. AG Herring concluded that Va. Code § 46.2-844 (illegal passing of a stopped school bus) doesn't authorize service by mail, in contrast to § 15.2-968.1 ('photo red'…
Can a Virginia locality require that environmental mitigation for impacts to wetlands or streams within the locality be performed inside the locality's boundaries?
No. AG Herring concluded that Va. Code § 62.1-44.15:20(E) prohibits localities from instituting any policy, plan, or ordinance, including accepting voluntary proffers, that dictates where wetlands…
Can the Virginia State Bar use mandatory bar dues to fund its Diversity Conference, the way it funds its Young Lawyers and Senior Lawyers conferences?
Yes. AG Herring concluded the Diversity Conference's mission of promoting diversity in admission to the bar and access to legal services is 'germane' to regulating the legal profession and improving…
If a stray cat or dog is on my property in Virginia and I call animal control, do they have to take it away?
AG Herring concluded the answer depends on the animal. For an unlicensed dog 4+ months old (or an unlicensed cat where a local ordinance requires cat licensure) on someone else's property, the…
Could Nashville's voter-approved local-hire amendment force contractors to use 40% Davidson County workers on city construction jobs?
No. The AG concluded Metro's Amendment 3 conflicted with Tennessee's Contractors Licensing Act, which forbade municipalities from imposing extra requirements on state-licensed contractors or…
Did the University of Louisville trustees meet Kentucky’s minority representation requirement in 2015?
The Kentucky AG concluded in 2015 that the Governor’s University of Louisville trustee appointments did not meet the statutory minority representation requirement. It counted a Cuban-American…
Can a Florida county use tourist development tax money to build a boat ramp and observation platform as part of a nature center?
In a Florida county with fewer than 750,000 people, section 125.0104(5)(b) lets the county spend tourist development tax revenue on a nature center that may include a boat ramp and an elevated…
When were military and overseas absentee ballots timely under South Carolina’s 2015 law?
The 2015 AG read the law to count a qualifying ballot received by poll closing, or one submitted before polls closed without knowledge of results and received by the business day before canvass. The…
Does Arkansas require veterinarians to form a corporation before getting a license, and is the Veterinary Medical Examining Board allowed to charge an annual review fee?
No to the first; yes to the second. Forming a corporation is not a prerequisite to obtaining a license to practice veterinary medicine in Arkansas. But a license is a prerequisite to engaging in the…
Can a Texas navigation district reactivate an old property tax to fund port projects without a new voter election?
The AG concluded that the Port Isabel-San Benito Navigation District most likely cannot rely on the 1929 election that created it and approved general property taxes to impose a maintenance and…
Do Texas judges have to follow the Open Meetings Act when they meet to appoint a county auditor or probation director?
The AG concluded that neither group of judges is a 'governmental body' under the Open Meetings Act, so neither has to post public notice of these meetings. District judges meeting to appoint a…
Can a Texas county pay a commissioner's legal bills after he's acquitted of criminal charges?
The AG concluded that nothing requires a county to pay a county official's criminal-defense costs, but the common law gives the commissioners court discretion to reimburse them. Because the Brown…
Could Lancaster County defer a developer’s improvement district assessments?
The 2015 AG said county council lacked authority to defer the developer’s annual assessments or waive statutory late penalties, even though a developer affiliate owned the bonds. Penalties belonged…
Could Greenville Health System transfer hospital operations to a nonprofit without legislative approval?
The 2015 AG found no absolute ban on a hospital system leasing facilities to a new nonprofit structure, but said the public system had to retain adequate supervision and control. The legality of the…
Could Greenville Health System transfer assets to a nonprofit and serve other counties?
The 2015 AG found no absolute ban on a nonprofit hospital structure, but required the public system to retain adequate supervision and control; only a court could resolve a specific plan. The…
Can the West Virginia Division of Justice and Community Services do the day-to-day staff work, like data collection, reporting, and monitoring, for the Community Corrections Subcommittee?
Yes. The AG concluded that the Division of Justice and Community Services (DJCS) is not only authorized but obligated by statute to provide staff support to the Community Corrections Subcommittee.…
Could a magistrate court constable run for sheriff without resigning?
The 2015 AG said no. The judicial employee rule barred a magistrate court constable from being a candidate in a partisan sheriff election while holding that job, so the constable had to resign…
Can Tennessee's wildlife officers agree to enforce a city or county noise ordinance on public waters as a side gig to their boating-safety patrols?
No. The AG concluded the Tennessee Wildlife Resources Agency had no state-law authority to enforce local noise ordinances. The Interlocal Cooperation Act let agencies pool powers they already had,…
May a superior court clerk charge a county district attorney’s office the specified statutory fee for providing that office with certified copies of court records for use in a criminal action?
Yes. A superior court clerk could charge a district attorney the statutory fee for certified court records used in a criminal action, but the clerk was not required to impose it.
Can residents of a Washington city that's part of a county library district force a vote to start their own city library?
The AG concluded that a 100-taxpayer petition under RCW 27.12.030 cannot force an election on starting a city library while the city is annexed to a rural library district, because two overlapping…
Do Arkansas cities lose fines collected on offenses in their corporate limits when state troopers use electronic tickets, and how do cities get their share when the city has no district court?
The AG concluded that electronic tickets do not change how fines are distributed; e-tickets are an alternative to paper, not a different legal channel. Arkansas Code §§ 16-17-1201 and 16-17-1203…
If a Tennessee church lets a school use part of its property, does the state's no-weapons-on-school-property law apply to the church grounds?
Partly. The AG concluded the law applied only to the portions of church property actually being used by a school, and only while the school was using them. Home schooling was not covered.
Could a California community college board discuss a project labor agreement in closed session?
No. The California AG concluded that the Brown Act's labor-negotiations exception did not apply because the contractors and construction workers covered by the agreement were not district employees.
May an automated photographic enforcement system be used to detect and enforce violations of the anti-gridlock law?
No. The California AG concluded that automated photographic systems could not enforce the anti-gridlock law because the Vehicle Code did not expressly authorize that use.
Can a Florida mayor who is also personally sued still attend closed 'shade meetings' about the city's lawsuit?
Section 286.011(8) does not bar a mayor who is a voting member of the city council from attending closed 'shade meetings' with the council's attorney about settlement and litigation strategy, even…
Could a South Carolina register of deeds remove a recorded deed tied to an unapproved plat?
The 2015 AG said a register of deeds could remove a recorded deed that failed legal filing requirements under the statutory procedure, potentially including an unapproved plat. The decision was fact…
Does state law preempt a local ordinance that would require dentists to provide a patient with a Dental Materials Fact Sheet developed by the Dental Board of California, and to obtain from the patient a signed acknowledgment of receipt of the Fact Sheet, prior to every procedure in which dental restorative materials are used?
Yes. State law preempted the proposed ordinance because California required the fact sheet only once per patient, while the city would have required it before every restorative procedure and added…
Could police release a confiscated DUI or suspended-license vehicle to a lienholder before trial?
The 2015 AG said police generally could release a confiscated vehicle when served with a lienholder’s claim-and-delivery or repossession order before the criminal case was decided. The conclusion…
Could a Florence County judicial center lease avoid South Carolina’s county debt limit?
The 2015 AG said a court could count the judicial center financing against the county’s constitutional debt limit if it found the county or its citizens effectively owned the center through a…
Could the Tennessee legislature require its own joint resolution before the governor agreed to expand Medicaid under the Affordable Care Act?
Yes. The AG concluded the statute did not violate separation of powers. The governor could negotiate and investigate Medicaid expansion, but could not make any final, binding decision without a…
Can a Washington police records clerk accept someone into custody on a walk-in surrender, or does it have to be a commissioned officer?
The AG concluded that accepting a voluntary surrender on a warrant is an arrest, and CrR 2.2(d)(1) limits warrant execution to a 'peace officer.' That term, read together with RCW 9A.04.110(15) and…
Could Concordia Parish abandon the part of Ferguson Road needed to reach land in Tensas Parish?
Only if Concordia Parish could show that its portion of Ferguson Road no longer served a public purpose. The AG considered access to Tensas Parish and seven landowners in that analysis. Even after…
Can a former Arkansas public employee block release of his personnel file under FOIA just by calling it a privacy invasion?
Not on a blanket objection alone. The AG reviewed the file and concluded most documents were personnel records that could be released, plus one record that was an employee-evaluation record whose…
Can Arkansas county sales tax dollars dedicated to detention facilities pay for a district court, and can the county treasurer take a commission on economic-development pass-through funds?
The AG declined to answer the first question because it required fact-intensive interpretation of a local ordinance. On the second, the AG concluded that a county treasurer may not collect a…
Can an Arkansas city police chief serve as an interim city manager at the same time?
The full-time rule does not bar the appointment, but dual service is barred if a local ordinance makes the city manager the police chief's supervisor. The full-time-employment requirement that…
Can an Arkansas county get state reimbursement for a juvenile probation officer salary even when two different officers each held the position less than a year?
The AG concluded the answer was likely yes. When two certified officers between them filled the same full-time position for a full year and the county paid the full year's salary, the county likely…
What active state supervision did California licensing boards need for antitrust immunity after North Carolina Dental?
The Attorney General concluded that active supervision required a non-market-participant state official to review the substance of a licensing board decision and exercise power to approve, modify,…
When does a Florida supervisor of elections count signatures on a petition to create a county charter commission?
When a citizens' petition asks a Florida county to appoint a charter commission, the supervisor of elections should measure the required '15 percent of the qualified electors' as of the date the…
Can a Delaware agency refuse to search for emails older than 12 months just because its IT department only retains a year's worth?
No, under the law as it stood in 2015. The AG found that the Delaware Department of Agriculture violated FOIA when it treated its IT department's 12-month email retention as an excuse to stop…
Did the Arkansas AG certify the Little Red Hen Committee's proposed constitutional amendment to limit legislatively-referred amendments to one per session?
Yes, but only after rewriting the popular name and ballot title. The AG substituted 'Reducing Constitutional Amendments Proposed by the General Assembly Under Article 19, Section 22 of the Arkansas…
Could Wyoming's Environmental Quality Council adopt environmental rules on its own, or did it always need a positive recommendation from the Department of Environmental Quality first?
It always needed a recommendation. Wyoming AG Peter Michael concluded the Environmental Quality Act gave the Council authority to approve rules only 'after recommendation from the director' of DEQ.…
What was the 2015 South Carolina cap for scholarship organization tax credits?
The 2015 AG read an ambiguous appropriations proviso to retain an $8 million cap on credits for scholarship organization contributions, alongside a new $4 million cap for direct exceptional-needs…
Can a departing Arkansas constitutional officer sign a multi-year contract that binds the next person to hold that office?
The AG gave no universal answer. A public officer's contracting power is ordinarily limited to the officer's term, but a good-faith contract for a specified act in the public interest may extend…
Can a Virginia local wetlands board take public comment at meetings even when a statute doesn't require a public hearing?
Yes. AG Herring concluded the Suffolk Wetlands Board may permit public comment at meetings whenever it chooses, even when public comment isn't statutorily required, because no law prohibits it and…
When a regional school in Virginia (jointly funded by several school divisions) has leftover money at the end of the year, does the money have to be returned to the participating localities?
No. AG Herring concluded that Va. Code § 22.1-100, which requires reversion of unspent local funds for individual school divisions, does not apply to regional schools. Each regional joint board may…
Did the Arkansas AG certify the proposed Self-Defense, Weapons Carry, and Public Safety Amendment?
No. The AG rejected both the popular name and the ballot title. The phrases 'self-defense' and 'public safety' were ruled to be inviting catch-words that gave the voter a built-in conclusion rather…
Could a Louisiana fire district use its fire-protection tax to pay for parish-wide air ambulance service?
No. The AG said Concordia Fire Protection District No. 2 could not use the tax dedicated to fire facilities and equipment to help pay for parish-wide helicopter ambulance service. It could use other…
Could a Louisiana city pay police and firefighter recruits a one-time sign-on incentive?
The AG said Natchitoches's proposed one-time sign-on payment to new police officers and firefighters would violate the public-funds rule as described. The city had not tied it to future services or…
Did South Carolina’s tourism review committee have to review the 30 percent accommodations-tax fund?
The 2015 AG said the Tourism Expenditure Review Committee had an obligation to review local accommodations-tax expenditures, including money distributed to tourism groups from the 30 percent fund.…
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