State AG Opinions
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How does Arkansas's bail bondsman licensing law apply to congressional-district residency on the board, who sets continuing-education fees, and whether the Arkansas Professional Bail Association's fee collections are subject to FOIA?
The congressional-district residency rule in Ark. Code Ann. § 17-19-106(b)(3)(B)(i) turns on where the bondsman-owner-member lives, not where the bail bond company is located. With multiple owners,…
Under the Arkansas Freedom of Information Act, must the Arkansas Home Inspector Registration Board release complaints filed against home inspectors and supporting documents attached to those complaints?
The AG said complaints are public records disclosable on request regardless of investigation status. He treated the attached inspection reports and the complainant's correspondence with the…
Could South Carolina utilities place gas or water lines in a public road easement acquired by prescription?
The Attorney General predicted that a South Carolina court would treat reasonably foreseeable utility infrastructure as within a public road easement acquired by prescription, without imposing an…
Could a South Carolina defense lawyer contact a crime victim when the defendant had a no contact order?
The Attorney General believed a court would likely allow defense counsel, without the defendant present, to contact a victim for a case related witness interview despite an order barring the…
Can an Arkansas city like Maumelle regulate the rates of a public water authority operating within its limits, or otherwise control a PWA's actions?
The AG could not answer the rate question without legislative clarity. The threshold issue was whether a public water authority is a 'public utility' under Ark. Code Ann. § 14-200-101 (the municipal…
Did South Carolina First Steps have to use rulemaking procedures for every board duty?
The Attorney General read the 2015 First Steps statute to require Administrative Procedures Act procedures only when a particular board duty called for a regulation within that Act’s definition. The…
Does Florida law require a county to fund the sheriff's budget at least as much as the previous year?
No. The Attorney General's office advised that section 30.49(4), Florida Statutes, does not set a minimum funding level that carries a sheriff's budget forward at the prior year's amount. The…
How does Arkansas FOIA apply to a request for the personnel file of a recently-terminated state employee, split into seven categories of records, including some that the agency wanted to withhold for lack of compelling public interest?
The AG reviewed seven categories and concluded that the custodian's classifications were largely correct, but flagged additional redactions in Categories 1, 2, 4, and 5 (personnel numbers, banking…
Would Tennessee's proposed expansion of the highway-obstruction crime, adding 'driveways' and 'public safety' and 'private property rights' language, be unconstitutionally vague?
No. The AG concluded the amendments would not render the statute void for vagueness. 'Public safety' and 'rights of private property' are commonly understood and, even as catch-all phrases, fit…
Could Edgefield’s mayor also become chief of its volunteer fire department?
The Attorney General said holding both positions would not violate the state constitution’s dual office holding ban. It warned that a court might nevertheless find an unlawful mayor employee…
When does West Virginia mine-safety law require an underground coal operator to maintain track within 500 (now 1,500) feet of the working face: only when track-mounted personnel carriers are the sole transport method, or whenever any track-mounted carrier is used?
Only when transport is exclusively by rail. The AG read W. Va. Code § 22A-2-37(a) literally: 'exclusively' means 'only' or 'solely' (United Fuel Gas Co. v. Morley Oil & Gas (1926)). When a mine uses…
When 10% of qualified voters petition the county commission to impose a fire service fee under W. Va. Code § 7-17-12, does the commission have to impose the fee, or can it still say no?
The commission can still say no. W. Va. Code § 7-17-12 grants the commission 'plenary power and authority' to set and collect a fire service fee but conditions any new fee on first receiving a 10%…
Did the Arkansas Attorney General certify the popular name and ballot title for the proposed Campaign Finance Act of 2016 covering independent-expenditure disclosure?
No. The AG rejected the submitted ballot title because 'sponsors' was undefined and neither the measure nor title made clear whether its $2,000 disclosure threshold applied separately to each…
What did Idaho's AG say about the 2015 referendum petition challenging the new transportation funding law (House Bill 312)?
The AG made no recommendations to revise or alter the petition. Sections 6 and 7 of HB 312 (2015 Idaho Session Laws ch. 341) took effect immediately when signed; the remaining sections were…
Who could regulate and inspect Maryland doctors who dispensed prescriptions, and could they delegate dispensing?
The Attorney General concluded that the Board of Pharmacy could neither set the dispensing-permit regulations nor inspect permitted prescribers' offices. Prescribers could not delegate the entire…
When did a Prince George's County zoning applicant have to disclose payments to council members?
The Attorney General concluded that the required payment-disclosure affidavit had to be filed at least 30 days before the Prince George's County District Council considered the application,…
Did a South Carolina 911 dispatcher need U.S. citizenship for Class 4 certification?
The Attorney General predicted that a court would treat an E911 dispatcher as an employee, not a public officeholder, so the constitutional elector and citizenship rule for officeholders would not…
Could a South Carolina deferred presentment lender accept a debit card to redeem a customer check?
The Attorney General concluded that a debit card payment counted as a “cash payment in full” under the 2015 Deferred Presentment Services Act because it directly drew funds from the customer’s bank…
Would a South Carolina court recognize and enforce a judgment from a Turkish court?
The Attorney General concluded that a South Carolina court would recognize a Turkish judgment under common law comity if the foreign court had jurisdiction, the defendant had notice and an…
Is the Arkansas AG's 1979 opinion that the Adjutant General could sell harvested timber from Camp Robinson still valid, and must the Military Department now use the Marketing & Redistribution Section to make those sales?
The 1979 opinion is still valid in part: the Adjutant General remains the custodian of Camp Robinson and has authority to sell timber harvested there. But the procedure has changed. Act 589 of 2001…
Can the board of a consolidated waterworks system like Central Arkansas Water hold a closed executive session to discuss a security vulnerability assessment, and can third parties like police chiefs and Homeland Security consultants attend?
The board and the system's employees may meet in executive session for water-security purposes under the new 2015 exception in § 25-19-106(c)(6) added by Act 186. But outside experts (police chief,…
Could a Louisiana village police chief also work as a parish deputy or another town's police officer?
The AG said Georgetown's elected police chief could also serve as a full-time LaSalle Parish deputy under a small-municipality exception, or work as a full-time police officer for the separate Town…
Must St. John Parish's president carry out the adopted budget, and can its council bypass the president's signature on contracts?
The AG said the parish president had to implement the adopted budget, though not necessarily spend every appropriated dollar. Contract signing was an executive function; the council could act…
Could a gated community ban campaign signs near a polling place on its property?
The Attorney General concluded that the answer depended on which part of the community was used for voting and whether the owner had opened nearby areas to political speech. A restriction in the…
Could one person serve on Colleton County’s fire commission and soil conservation board?
The Attorney General concluded that both posts were public offices, so simultaneous service would likely violate South Carolina’s dual office holding ban. On assuming the second office, the person…
Did the Arkansas AG approve the Fifth Restatement of the Pulaski Area GIS interlocal agreement adding Sherwood as a party?
Yes. The AG approved the agreement under the Interlocal Cooperation Act. The Fifth Restatement amended a 1997 interlocal agreement (originally approved by Op. 97-366 and amended in Op. 2005-106) to…
Under Arkansas FOIA, can a police department release the names of sworn officers who were 'relieved of duty,' including officers who were later exonerated?
Yes. A list of officers who suffered adverse employment action, with no additional detail about the reason, is a personnel record (not an employee-evaluation record). Under the Young v. Rice…
Did the 2014 Tennessee law that bars local officials from waiving back property taxes apply to property tax bills that were already overdue before the law took effect?
Yes. The AG concluded the statute applied to all existing property tax liabilities as of July 1, 2014. It was a remedial law that did not create new obligations on taxpayers, so applying it forward…
Could a Louisiana parish impose a water impact fee on new developments without a voter-approved tax?
The AG said Ascension Parish's proposed charge was a fee, because it would defray infrastructure costs attributable to new developments rather than raise general revenue. The parish could enact it…
Who controlled courthouse security and courtroom cell-phone rules in a Louisiana parish?
The AG said Vermilion Parish Police Jury had general responsibility for courthouse security, including procedures in the building. District judges could also regulate conduct and cell-phone use in…
Were Lakeshore Villages development district supervisors elected or appointed in St. Tammany Parish?
The AG concluded that St. Tammany Parish Council appointed the Lakeshore Villages district's board members because its population was below the statute's 600-person threshold. The parish charter did…
When a New Jersey state employee fills out the executive-branch financial disclosure form, do they have to list personal gifts from friends and family, or only gifts that are really compensation for some service?
Only gifts that are essentially compensation, such as honoraria-style gratuities tied to services rendered. Birthday presents and personal gifts from family and friends, which are not income, do not…
Is a Florida municipality a public entity or political subdivision of the state?
Yes. At the FAA's request, the Attorney General certified that the Village of Royal Palm Beach is a political subdivision and public entity of Florida. Section 1.01(8), Florida Statutes, defines…
Did South Carolina’s medical window tint exemption cover where tint could be placed?
The Attorney General concluded that the medical affidavit exception in the 2015 window tint statute extended to tint placement as well as light transmittance and luminous reflectance. It relied on…
Could a South Carolina workers’ compensation commissioner also serve as a DNR deputy officer?
The Attorney General concluded that the combination did not violate the state constitutional dual office holding rule because a governor commissioned DNR officer fell within the constable exception.…
Could South Carolina require a license for commercial glyphosate applicators?
The Attorney General concluded that a 2015 state regulation requiring a limited herbicide license for commercial general use glyphosate applicators appeared within the pesticide commission’s…
When the federal government conveys 32 acres to the Raleigh County Emergency Service Authority, does the Authority actually have legal power to own that real estate?
Yes, with a function-tied caveat. The AG concluded the Authority has implied authority to own real property under two independent sources: (1) the special-law grant in House Bill 2018 (Ch. 135, Acts…
How did Louisiana's 52-week police sick-leave rule apply to repeat injuries and clerical staff?
The statute promised not less than 52 weeks of sick leave per calendar year when conditions warranted. The AG said a second injury did not start a new 52-week period in that year. Staff hired on or…
Can a university board of regents block an individual regent from seeing university records?
The AG concluded a court would likely say no, at least for records a regent needs to do his job. The opinion arose when University of Texas System regent Wallace Hall was denied records he sought in…
Can a Florida county pass an ethics ordinance barring former commissioners from working for county-funded organizations?
The Attorney General's office declined to rule on the specific Brevard County ordinance because it does not comment on local legislation, but it raised serious doubts. A charter county has home rule…
Could a Louisiana city court use its judicial building fund to pay for online record storage?
Yes, under the law analyzed in 2015. The AG said Bastrop City Court could use its Judicial Building Fund to pay for online storage of scanned suit records because keeping those records accessible…
Can a Louisiana court clerk or deputy use personal or community funds to post bail for someone?
The AG concluded that district court clerks and their deputies were covered by the statewide ban on becoming bail sureties or providing bail money or property, including for themselves, relatives…
Can a Texas governmental body hold an open meeting at a place that requires photo ID to get in?
The AG concluded a court is unlikely to hold, as a matter of law, that the Open Meetings Act bars a governmental body from meeting at a location that requires government-issued photo identification…
Does criminal restitution collected by a Texas county clerk have to go into the county treasury?
The AG concluded a court would likely say no. Restitution a defendant is ordered to pay a crime victim, and that a statutory county court directs the county clerk to collect under article 42.037 of…
Which private colleges qualify for the Texas B-On-Time student loan program?
The AG concluded only private or independent colleges accredited by one of three specific bodies, the Commission on Colleges of the Southern Association of Colleges and Schools (SACS), the Liaison…
Was the 2001 ballot language for the Texas Mobility Fund amendment legally sufficient?
The AG concluded a court would likely say yes. Proposition 15 on the November 2001 ballot added article III, section 49-k to the Texas Constitution, creating the Texas Mobility Fund to finance state…
Can a Texas county pay legal fees for a commissioner investigated but never charged?
The AG concluded yes, a county can, subject to a public-interest test, but the investigated members cannot vote on it. Several Waller County commissioners were criminally investigated for possible…
Does the passage of 13 years dissipate the 'compelling public interest' element of the FOIA employee-evaluation test, so that internal-affairs records of a former Sherwood police officer can be withheld?
Maybe. The passage of time can dissipate a compelling public interest, but it is not alone determinative. The age of the records and the fact that the person is no longer an employee both factor…
Did a South Carolina hospital need a weapons sign to enforce its concealed carry ban?
The Attorney General concluded that the 2015 statutory ban for clinical settings did not depend on the special sign requirements. A detached hospital campus building with no medical services fell…
Can the Tennessee Department of Revenue share tax information with a city or county about taxpayers located outside that city or county's borders?
Generally no. The disclosure exception only authorizes sharing tax data for taxpayers inside the requesting local government's jurisdiction, because outside-jurisdiction data does not help that…
Could Youngsville require police officers to attend removal of political signs on private property?
No. The AG said the elected police chief had discretion over department personnel and resources. The sign ordinance did not itself require officers at removals, and a city directive imposing their…
Can a Virginia county or city ban fracking inside its borders, or does state law take that authority away?
Yes. AG Herring overruled a 2013 opinion and concluded that Virginia counties and cities can use their zoning power to prohibit fracking, because the Virginia Gas and Oil Act contains an unusual…
Did the AG certify the popular name and ballot title for an earlier version of the Campaign Finance Act of 2016 covering independent-expenditure disclosure?
No. The AG rejected the title because it concealed a proposed redefinition of independent expenditure, the submitted text lacked Section 103, and the short title did not adequately summarize most of…
Could the Virginia Board of Health force already-built abortion clinics to retrofit themselves to meet new hospital-grade design and construction standards?
No. AG Herring concluded the Board of Health lacked statutory authority to apply design and construction standards retroactively to abortion facilities built before the standards were promulgated.…
Did the AG certify the popular name and ballot title for the Arkansas Industrial Hemp and Medical Cannabis Amendment?
No. The AG said the proposal’s "industrial" and "medical" labels implied restrictions on use that its text did not impose. That conflict left the scope of the General Assembly’s regulatory authority…
Could St. John Parish's council set salary line items and move adopted budget funds without an open vote?
The council could set salary line items, prescribe the proposed budget format, and amend the proposal before adoption. Once adopted, moving money between line items required a council budget…
Are the City of Russellville's payments to Arkansas Valley Alliance for Economic Development, which outsources work to the Chamber of Commerce, a legal use of dedicated sales-tax revenues?
The AG declined to answer the specific questions because they required fact-finding (interpreting a city resolution, a ballot, a written contract, and possibly oral contracts), and because the AG…
Can a city industrial development board route farm-rent income into local school workforce training programs?
Yes, by one of two routes. The IDB can donate the rents directly to a local board of education if doing so furthers its purposes, or it can pay net earnings to its organizing city, which can then…
When the Arkansas 90th General Assembly adjourned sine die on April 22, 2015, when did legislation that had no emergency clause and no specified effective date become effective?
July 22, 2015. Acts of the Arkansas General Assembly with no emergency clause or specified effective date become effective ninety days after sine die adjournment of the session, under the rule…
How did the Arkansas AG respond to a question about Act 985 of 2013 and a Washington County committee-of-the-whole ordinance?
The AG enclosed Opinion 2015-023, issued the same day to Senator Uvalde Lindsey, and said it adequately addressed Senator Woods's issues. This opinion offers no independent analysis or conclusion…
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