State AG Opinions
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Can a Florida water authority created by interlocal agreement use Chapter 153 liens for unpaid bills?
The lien power in section 153.67 belongs only to water and sewer districts created under Part II of Chapter 153. The Big Bend Water Authority was created by interlocal agreement under Chapter 163,…
Are job applications sent to a Florida public agency public records, even unopened ones?
Job applications received by a Florida public agency are public records under Chapter 119, open to inspection and copying once received, even if the agency never opened them. An agency cannot 'seal'…
Can a Florida county ban on-premises alcohol sales or require brown-bagging and drink limits?
A Florida county can authorize or prohibit alcohol sales only through the local-option election in Article VIII, section 5(a) of the state constitution. It can regulate where alcohol establishments…
Can a small Washington city keep charging high utility rates and move the surplus into the general fund, or does it have to drop rates?
The AG concluded that a second-class city subject to RCW 35.23.535 has the discretion either to reduce utility rates or to transfer the excess to the current expense fund. But persistent, large…
Could South Carolina bar candidates from seeking two constitutional judgeships at once?
The 2015 AG predicted a court would find the one-vacancy rule unconstitutional as applied to circuit, appeals, and supreme court judgeships because it added a qualification beyond the Constitution.…
If a New York business offers to dispose of pet remains through alkaline hydrolysis (a chemical 'flameless cremation' process), does it need a pet-cemetery or pet-crematorium license under General Business Law Article 35-C?
Yes. AG Schneiderman concluded that Article 35-C's licensing requirement covers any entity that offers, for a fee, to dispose of pet remains by 'earth burial, entombment, inurnment, cremation or…
When a New York village wants to remediate or demolish an abandoned, deteriorating building and recover the cost, what notice does it owe the mortgagee, can the county refuse to relevy unpaid remediation costs as part of village taxes, and does a tax-foreclosure sale wipe out the mortgage?
Three answers from AG Schneiderman's office: notice to publicly-recorded mortgagees is generally required (always for demolition or significant cost assessments) outside of true emergencies; a…
When a member of a New York public housing authority's board was elected by tenants (rather than appointed by the mayor), does the Public Housing Law's removal procedure still apply?
Yes. AG Schneiderman's office concluded that Public Housing Law § 34's mayor-led removal-for-cause procedure applies to all board members, appointed or tenant-elected. The mayor cannot fill the…
Could Jackson Parish waive sales tax on materials for a new hotel?
No. The AG said Jackson Parish could not waive its sales and use tax for materials bought to build a proposed hotel, because the Uniform Local Sales Tax Code supplied no exemption for that purchase.
Could St. Charles Parish invest its post-employment benefits trust in securities allowed by Louisiana’s trust statute?
Yes. The AG said St. Charles Parish could invest its post-employment benefits trust in the securities listed in La. RS. 33:5162(A), subject to that statute’s restrictions, because the trust was…
When an Arizona school district calculates how much bond debt it can take on, does it use the full cash value of taxable property in the district or the lower limited property value?
Full cash value. School district bond indebtedness limits under Article 9, §§ 8 and 8.1 of the Arizona Constitution have always been calculated on full cash value. Proposition 117's introduction of…
Does a nonprofit that gets most of its funding from the state count as a public body under Delaware's open meetings law?
No, according to this opinion. The Cape Henlopen Senior Center, a private nonprofit that gets more than two-thirds of its budget from state and county grants and had the Rehoboth Beach mayor and…
If Virginia's Governor or Attorney General is convicted of a corruption felony, who triggers their forfeiture of state pension benefits, and at what point in the appeals process do they actually lose it?
AG Herring concluded the Governor is the 'employer' of statewide elected officers for pension-forfeiture purposes under Va. Code § 51.1-124.13, and the Governor may delegate that role. Forfeiture is…
For the § 18.2-57 misdemeanor exception to Virginia child day center hiring restrictions, does an offense committed while employed include conduct outside the scope of work?
Yes. The AG concluded that, for the § 18.2-57 misdemeanor hiring exception, the phrase 'while employed in a child day center' covers an offense committed during the period of employment, whether or…
Could a full-time Lafourche Parish public works employee also work part time for a drainage district?
The AG said the employee could hold both jobs under the Dual Officeholding Law on the facts supplied. The cited prohibition concerned two full-time posts, while the drainage district job was part time.
Could the French Quarter district raise sales tax or spend its proceeds for a different purpose without another vote?
The AG said the French Quarter Economic Development District could impose an additional sales tax only after district voters approved it. The district had to use the proceeds for the purpose stated…
When does the ban on counties using public resources to support or oppose a ballot measure kick in, and what kinds of communications cross the line?
The prohibition on counties using public resources to influence a ballot measure under A.R.S. § 11-410 begins when the Secretary of State issues a serial number to the petition. Whether particular…
Can a Tennessee city sidestep state law by outsourcing operation of a city-owned park to a private nonprofit, so the nonprofit can ban handgun carry permit holders from the park?
No. A 2015 amendment removed cities' authority to ban permitted handguns from city-owned parks. Cities can't transfer authority they don't have. Outsourcing operation, charging fees, or fencing the…
Could a Louisiana school board adopt the proposed policy for access to student records under the 2015 law?
Yes. The Attorney General concluded that the proposed student-record access policy was not inconsistent with La. R.S. 17:3914(H). The provision allowed local school boards to adopt access policies…
Could a Louisiana wildlife commissioner also serve on a federal Gulf fisheries council?
The AG said a Louisiana Wildlife and Fisheries Commission member could not also hold an appointment to the federal Gulf of Mexico Fishery Management Council. It found no state-law bar to that member…
Do private companies that bring drug- or weapons-sniffing dogs into Tennessee public schools need a private investigator license?
Yes. A contractor providing canine detection services is an 'investigations company' and 'private investigator' under Tennessee's licensing act. None of the statutory exemptions applies. Independent…
Can a Tennessee rural electric cooperative auto-enroll members in a charitable round-up program by default, or does the law require members to opt in first?
Opt-in only. The statute lets cooperatives accept 'voluntary contributions,' and voluntary means an informed choice. The cooperative must disclose the program's essential facts and get the member's…
Could Franklinton's maintenance manager run for Washington Parish Council while keeping the town job?
The AG said the maintenance manager could run for parish council because candidacy alone did not mean holding two public positions. On the facts given, the AG also found no dual-officeholding bar to…
Could the First Steps study committee recommend an entirely new agency structure?
The 2015 AG said the committee could recommend an alternative structure for the Office of First Steps, but the alternative had to be similar or related to the options listed in the statute; it could…
Did South Carolina’s execution-team confidentiality law protect drug compounders?
The 2015 AG said yes. It read “member of an execution team” to include individuals and companies preparing chemicals for lethal injection, barring disclosure of their identities or identifying…
Were South Carolina teacher and principal evaluations public under the 2015 FOIA?
The 2015 AG said educator evaluations were public records, with any privacy exemption requiring a case-specific balance. It saw support for disclosure, but even where an exemption applied it gave…
Did the Arkansas AG certify a popular name and revised ballot title for the proposed Campaign Finance Act of 2016 disclosure initiative?
Yes. On the sponsor's revised submission, the AG certified both the popular name 'The Campaign Finance Act of 2016' and the ballot title as submitted, while flagging that complex measures face…
What expenses are Virginia localities legally required to pay for their sheriff's offices, and can they net those obligations against revenue from prisoner processing fees and courthouse security fees?
AG Herring concluded each funding statute must be analyzed separately ('may' is permissive, 'shall' is mandatory). No Virginia statute lets a locality use prisoner processing fees (§ 15.2-1613.1) or…
Did same-sex infidelity count as adultery under Maryland's divorce law?
Yes under the family law the Attorney General analyzed in 2015. The opinion concluded that a spouse's extramarital sexual conduct with a person of the same sex fell within the family-law meaning of…
Did voluntary evacuation around the Napoleonville sinkhole trigger Texas Brine's assistance payments?
The AG said the permit's evacuation-assistance commitment covered mandatory or forced evacuation, which counted as required. A voluntary evacuation was a recommendation and did not trigger that…
Did the Arkansas AG approve the 'End Cannabis Prohibition' ballot title for the 2016 initiated constitutional amendment?
No. The AG rejected the title because the proposal's definitions omitted material with less than 0.3% THC, making its regulation provisions unclear. The opinion also identified an inconsistency…
Could Columbia ban weapons within 250 feet of South Carolina’s State House in 2015?
The 2015 AG predicted a court would invalidate Columbia’s emergency weapons ban around the State House because state firearm law preempted local regulation of carrying and possession. The emergency…
How does a burial association in Arkansas legally dissolve, and what role does the Burial Association Board play in the dissolution or merger process?
The dissolution path depends on whether the association is incorporated and under which nonprofit-corporation act. The Burial Association Board has no clear statutory authority to regulate…
Under the 2015 amendments to the Public School Choice Act, what does a school district have to do to claim a desegregation-related exemption, and does the Department of Education review that claim?
A district must immediately submit proof from a federal court that it has a genuine conflict with an active desegregation order or plan. The Department of Education does not have statutory authority…
Who appoints the Director of the Arkansas Department of Parks and Tourism: the State Parks Commission or the Governor?
Both have a role. The AG read all three relevant statutes harmoniously: the Commission nominates (or submits candidates), the Governor approves the nominee, and the Senate then consents under §…
When the Arkansas Chief Justice is absent or unable to serve, how is an acting Chief Justice selected, and is the statutory seniority rule consistent with Amendment 80?
Yes, the two provisions can be read harmoniously. Both restrict the pool of acting-Chief-Justice candidates to the remaining elected associate Justices, and Ark. Code Ann. § 16-10-101(d) further…
Could a Hornbeck alderman also work full time for Northwestern State University?
The AG said a Hornbeck alderman could also hold a full-time job with Northwestern State University under the exception for municipalities below the statute's population threshold. It did not decide…
Could a Louisiana village reduce a water bill after a customer's pipe broke beyond the meter?
The AG said Cankton could not reduce or forgive a resident's water bill for a broken pipe on the customer's side of the meter when the village was not at fault. Doing so would violate the state…
Could a Louisiana justice of the peace hold court outside the elected district when no suitable courtroom is available?
The AG said a justice of the peace could not hold court outside the elected district merely because a courthouse elsewhere was more suitable or convenient. A state supreme court order under the…
Could a Louisiana parish use a council-on-aging property tax to renovate a school into senior apartments?
The AG said Terrebonne Parish Consolidated Government, rather than its council on aging, administered the voter-approved tax and could use it to help renovate a former school into apartments for seniors.
Can a Louisiana city set different off-street parking rules for different districts or subdivisions?
The AG said a city could adopt different off-street parking rules for different zoning districts. Within each district, rules had to apply uniformly to each class or kind of land and structure;…
Could LSU use its land for a wetland mitigation bank operated by a private nonprofit?
The AG said LSU could establish a wetland mitigation bank on its property and contract with a qualified nonprofit to operate it, subject to federal and state requirements and fair-value compensation…
Could Louisiana's penitentiary museum display old inmate intake photographs donated by the prison?
The AG concluded that the museum could use and exhibit donated inmate intake records after their required retention period expired, if the custodian confirmed they were releasable information of a…
Could Livingston Parish’s president hire a lawyer when the parish council sued him in his official capacity?
Yes, under the unusual facts presented. The AG said the parish president could hire counsel for a suit against him in his official capacity and pay from available appropriated funds after both…
Could Monroe’s economic development district help pay for a community college training center?
Yes, if the district determined the training center qualified as an economic development project and reasonably expected at least equivalent value for its contribution. The AG said district funds…
Can two or more Arizona nonprofits team up to run a single raffle without violating gambling laws, or does each raffle need a single sponsoring nonprofit?
Yes. More than one Arizona nonprofit may serve as the 'sponsoring organization' for a single raffle under A.R.S. § 13-3302(B), as long as each nonprofit independently qualifies for the gambling…
Could Chesterfield County change a voter-created fire district boundary without board consent?
The 2015 AG predicted a court would find that Chesterfield County Council could change the fire district boundary without board consent and could reduce the district after a public hearing. It left…
Do Davidson, Hamilton, Knox, and Sullivan counties have to pay each member of their county legislative bodies $25,000 a year under Tenn. Code Ann. § 8-24-115?
Only Knox County was ever required to, and only from 1975 to August 31, 1980. The 1975 statute applied only to counties with a 'commission form of government,' a phrase that was dropped during…
Was Tennessee's 2015 bill giving property tax credits to marina operators on federal Corps of Engineers land constitutional?
No. The AG concluded HB 459 violated the uniform taxation requirement of the Tennessee Constitution because it effectively exempted commercial marina property on federal land from the same property…
Do Tennessee private high schools have to use the state's 4.0 grading scale for their students to qualify for HOPE scholarship eligibility?
No. The AG concluded HOPE eligibility can be established either through the state's uniform 4.0 grading scale or through any other grading method that allows mathematical conversion to that scale.
When Tennessee said the Foreign Language Institute is 'attached to the board of regents for administrative purposes,' did that make TFLI staff Board of Regents employees instead of state employees?
No. Attaching one agency to another 'for administrative purposes' covers management and supervision, but does not change employee classification. TFLI staff remain State of Tennessee employees for…
Can a small Texas Type C city charge a property tax?
The AG concluded yes. A Type C general-law municipality may levy an ad valorem (property) tax on property inside its city limits. The Tax Code only spells out taxing authority for home-rule and Type…
Does a Texas county have to pay to defend a judge in a judicial conduct case?
The AG concluded that a court would likely say no. Local Government Code section 157.901 requires a county to represent an official or employee who is 'sued ... for an action arising from the…
Can a city charter limit who serves on a tax increment reinvestment zone board?
The AG concluded that, where a home-rule city charter conflicts with state law, the charter gives way. The AG would not decide whether Galveston's charter even applies to a tax increment…
What arrest authority did a private security guard have at a South Carolina public school?
The 2015 AG said a public school was public property, so a licensed private security guard there had only ordinary private-citizen arrest authority, not the added arrest powers the security…
Can Virginia or its cities pass their own rules about drones, or does federal law lock the state out?
Mostly locked out. AG Herring concluded that federal law preempts state and local rules about drone safety, operation, certification, airspace, and (for cross-state commercial cargo drones) prices…
If pilots land aircraft for recreational fly-ins on Arizona state trust land, can the State be sued for injuries, or does the recreational-use immunity statute shield it?
The recreational use statute can immunize the State Land Department, but only if access is granted without an admission fee or other consideration. Standard Department leases and special use permits…
If the Maine Legislature adjourned 'to the call of the presiding officers' rather than sine die, and the Governor sat on bills for more than 10 days without signing or vetoing them, were those bills finally enacted?
Yes. AG Mills concluded that a day-to-day adjournment subject to recall is not the 'adjournment' that prevents return of a bill under Article IV, Part 3, Section 2 of the Maine Constitution. Only…
Can the Quantico Town Council strip the mayor of authority to supervise town employees by appointing a chief administrative officer?
No. AG Herring concluded the Quantico Town Charter makes the mayor 'chief executive officer' of the town, which means he holds ultimate administrative control over employees. The Town Council can…
Can a Virginia sheriff assign deputies to work full-time security at a private hospital if the hospital pays the county for the cost?
No. AG Herring concluded a Virginia sheriff cannot dedicate deputies to provide full-time security at a private hospital, and the county cannot accept hospital funds to pay for it, because that's a…
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