State AG Opinions
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Does Arkansas's Act 985 of 2013 limit on quorum court committees larger than a quorum apply to a Washington County committee of the whole that existed before the Act?
Yes. Ark. Code Ann. § 14-14-904(d)(2)(B) prohibits regular or special quorum court committees larger than a quorum without the county judge's consent. Washington County Ordinance 2013-12 had…
Can a person accept the governor's appointment to fill the Desha County District Court (McGehee Department) judgeship and still be eligible to run for the newly-created Twenty-Seventh District judgeship in 2016?
Yes. Amendment 29, § 2 bars a person from succeeding themselves in the position to which they were appointed. The newly created state district court judgeship in the Twenty-Seventh District…
Is the Arkansas Department of Health required to enforce its public water system rules (including fluoridation), and what can a citizen do if the Department refuses?
Yes, ADH is responsible for ensuring public water suppliers follow the rules. ADH cannot selectively enforce regulations: Ark. Code Ann. § 25-15-214 makes it illegal for an agency to 'unlawfully,…
Could a Louisiana town use its police officers and patrol cars to escort school teams to away games?
The AG said Independence could not pay on-duty officers to escort local school teams to away games. School-paid off-duty officers could use police vehicles for those escorts if the town met the…
Could a Kenner council member also serve as an unpaid reserve police officer?
Yes, under the dual-officeholding rules and facts examined. The AG said the reserve role was not city employment because Kenner paid no salary or per diem for it, and the charter barred only another…
Is the Hazlewood Act's requirement that a veteran entered service in Texas constitutional?
The AG took the position that it is, or at least should be upheld, while warning the law was unsettled. The Hazlewood Act (Education Code section 54.341) waives tuition and fees for certain Texas…
Can a suspended school board trustee run for and serve on a city council in the same district?
The AG concluded yes. After the Texas Education Commissioner installed a board of managers over the Beaumont Independent School District in 2014, the elected trustees' powers were suspended. The…
Could an Evangeline Parish police juror also direct the parish solid waste district?
The AG said an Evangeline Parish police juror could apply for and, on the facts supplied, accept the executive director job at the separate solid waste district. Its conclusion relied on the…
Did South Carolina school districts need a joint board to run a shared career education center?
The Attorney General concluded that participating school districts could run a multi district career and technology facility through a written affiliation agreement without creating a joint board.…
When does a Tennessee city or county 'lend its credit' to a private party in a way that triggers the constitutional requirement of a 3/4 voter approval?
Only when the local government takes on a new financial obligation, like a debt, guarantee, or pledge that benefits the private party. Paying in advance with cash, selling on credit, or selling…
Could Cape Romain National Wildlife Refuge restrict kayak tours on its waters?
The Attorney General concluded that the U.S. Fish and Wildlife Service had authority to limit access to Cape Romain land and water to protect wildlife, subject to judicial review. The office…
Who could request county office space and funding for a South Carolina legislative delegation?
The Attorney General predicted that a majority of a county legislative delegation could submit a reasonable office budget and that the county council should provide necessary funds, resources, and…
How does Florida review whether a citizen ballot initiative like the Solar Choice amendment can go on the ballot?
This is the Attorney General's required petition asking the Florida Supreme Court to review a citizen initiative, the 'Limits or Prevents Barriers to Local Solar Electricity Supply' (Solar Choice)…
Can the county legislative body force its uniform pay plan on employees of the County Assessor of Property's office?
No, with one exception. The Assessor controls hiring and pay for her own staff within the budget the county appropriates. The county legislative body only sets pay for a secretary in counties too…
Was impersonating a police officer a crime of moral turpitude in South Carolina?
The Attorney General predicted that a South Carolina court would classify impersonating a law enforcement officer as a crime of moral turpitude because the offense involved dishonest…
Can the West Virginia Health Information Network (a public-private health-data-exchange partnership) charge fees to participating organizations and spend the money it collects?
It can charge and collect fees, but it cannot spend the money it collects unless the Legislature appropriates it. W. Va. Code § 16-29G-3(C) gives WVHIN two distinct powers: (a) receive and dispense…
Did the Arkansas AG certify the popular name and ballot title for a referendum to approve or reject Act 137 of 2015 (the Intrastate Commerce Improvement Act)?
Yes, with a substituted ballot title. The AG certified the popular name as submitted. The AG rewrote the ballot title to make the FOR/AGAINST framing explicit and to quote Act 137 verbatim: the Act…
If a county is forced to buy property at a back-taxes auction and the property catches fire or floods during the one-year redemption window, who pays for the damage?
The county is on the hook. As the tax-sale purchaser, it must hold the property in good condition during the redemption year. If no one redeems, the county absorbs damage costs and the loss in value.
Was Tennessee's 2014 Healthy Workplace Act unconstitutional because it told a state commission to draft an anti-workplace-bullying model policy?
No. The AG concluded the Act survived constitutional review because asking TACIR to draft a voluntary model policy, with the legislature's purpose spelled out in the statute, was not an unlawful…
Can a Tennessee city require taxicabs from outside the county to pass the city county's vehicle emissions test before operating in the city?
No. Tennessee law lets owners register vehicles only in their county of residence or where the vehicle is based, and emissions tests are tied to registration. A city cannot force a vehicle lawfully…
Could Tennessee constitutionally tax out-of-state companies under the 2015 Revenue Modernization Act's 'economic nexus' rules, even if they had no physical presence in the state?
Yes. The AG concluded the Act's 'substantial nexus' definition, which reached companies with $500,000 in Tennessee sales or comparable economic ties, fit the Commerce Clause framework most state…
Can a Tennessee court enter a civil contempt order by default when the alleged contemnor was served but didn't show up or respond?
Yes. The 2015 opinion concluded that a Tennessee court can enter a civil contempt default judgment if the alleged contemnor was properly served, given at least 5 days' notice of the hearing under…
Could South Carolina’s high school league place charter and private schools in a higher sports division?
The Attorney General predicted that a proposed rule raising charter and private schools one athletic class would violate State Department of Education Proviso 1.81, which required equal league…
Can a Tennessee city pass an ordinance that prevents courts from sending school-zone speeders to driver education in lieu of conviction?
No. The 2015 opinion concluded an Oak Ridge ordinance disallowing diversion-to-driver-education for school-zone speeding directly conflicted with the discretion state law (Tenn. Code Ann. §…
Can a Washington county let off-road vehicles or wheeled ATVs use roads with speed limits above 35 mph?
The AG concluded that counties may designate any road or highway, regardless of its speed limit, as suitable for off-road vehicle use under RCW 46.09.360. But the same authority does not extend to…
Can Washington's Forest Practices Board freeze logging applications on slide-prone slopes after a disaster like Oso?
The AG concluded that the Forest Practices Board cannot impose a flat moratorium on accepting or approving forest practices applications, but it can adopt an emergency rule under the APA that…
Could South Carolina officers serve a warrant on someone attending court for another case?
The Attorney General concluded that a criminal arrest warrant generally could be served on a person at court for an unrelated matter. It read S.C. Code Ann. § 17-13-60 (2014) to bar arrest under a…
Did the Arkansas AG certify the popular name and ballot title for a revised proposal to add age, veteran or military status, sexual orientation, and gender identity to the Civil Rights Act?
No. The AG rejected both the popular name and the ballot title. The popular name was identical to one already certified for a different measure (2015-029), and the ballot title used the ambiguous…
Could someone join a Kentucky university board when a relative already worked at that university?
The Kentucky AG concluded in 2015 that a person could become a university regent or trustee while a relative already worked there. The opinion said the anti-nepotism restrictions still barred a…
Does Florida's seaport concealed-weapons ban cover firearms, or only knives and other weapons?
Yes. The Attorney General concluded that the phrase 'concealed weapon' in section 311.12(3)(b), Florida Statutes, the seaport security statute, includes firearms. The statute does not define the…
Can a Florida county grant an economic-development tax exemption for property improvements made before the ordinance was adopted?
No. The Attorney General advised that to qualify for the economic development ad valorem tax exemption in section 196.1995(5), Florida Statutes, improvements to real property must be made (or…
Are a public agency's security camera surveillance tapes exempt from Florida's public records law?
Yes. The AG concluded that surveillance tapes from the Pinellas Suncoast Transit Authority's facility cameras were public records but confidential and exempt from disclosure because they revealed a…
Could Baltimore's liquor board extend license transfers, let staff impose penalties, and skip open-meeting minutes?
The Attorney General concluded that Baltimore's liquor board could not grant a hardship extension of the license-transfer deadline or let staff impose sanctions without the board. Its licensing…
Can a Virginia HOA stop me from installing solar panels if the ban is only in their bylaws or rules, not in the recorded declaration?
No. The opinion concluded that under the July 1, 2014 amendments to Va. Code § 67-701, a Virginia property owners' association (POA) may prohibit solar panels on private property only through a…
Did the Arkansas AG certify Robert Reed's proposed constitutional amendment to legalize cannabis cultivation, sale, and possession statewide?
No. The AG rejected the popular name and ballot title for the proposed Arkansas Industrial Hemp and Medical Cannabis Amendment because the measure's text was internally ambiguous. The labels…
Would a Tennessee law making the Holy Bible the official state book violate the U.S. Constitution or the Tennessee Constitution?
Yes. The 2015 opinion concluded designating the Bible as the official state book would violate the Establishment Clause of the First Amendment and Article I, § 3, of the Tennessee Constitution,…
Could a Louisiana justice of the peace also work full time as a town police officer?
The AG found no bar under Louisiana's dual-officeholding law to a justice of the peace also holding full-time police employment with the Town of Blanchard, a separate political subdivision. It…
Can someone with a felony or domestic violence conviction in Tennessee get a hunting license, and can they hunt with a firearm?
Yes to the license: hunting licenses in Tennessee have no felony or domestic-violence bar. Violent and drug felons cannot use the state-law firearm-possession defense for lawful hunting; other…
Can an Arkansas county quorum court require the county judge to get the quorum court's approval before buying specific vehicles, when the funds for those vehicles have already been appropriated?
No. The AG concluded the Cleburne County ordinance was an impermissible legislative encroachment on the county judge's executive authority. Amendment 55, § 3 vests the county judge with the power to…
Could the Louisiana Legislature create a new mayor's court for the City of Central?
The AG concluded that the statute creating Central's mayor's court was presumed constitutional and that the cited provisions of Louisiana's 1974 Constitution did not prohibit the Legislature from…
Did a county created special tax district and its commissioners have governmental immunity?
The Attorney General predicted that a county created special tax district and its appointed commissioners would be treated as part of the county for applicable tort and common law immunities. It did…
Did the Arkansas AG certify the ballot title for a citizen referendum to repeal Act 137 of 2015 (the Intrastate Commerce Improvement Act)?
No. The AG rejected the entire ballot title, popular name, and petition because the proposal was structured backwards. A statewide referendum under Ark. Const. art. 5 puts a legislative act before…
When making a left turn on a green arrow in Tennessee, do I have to turn into the lane closest to the center line, or can I turn into any lane to the right of center?
State law doesn't specify which lane to turn into, only that the turn end up on the right side of the center line. Drivers still have a duty to exercise due care. The AG declined to assign fault in…
Were California healing arts boards bound by uniform standards for substance-abusing licensees, and did those standards require APA rulemaking?
The standards were valid and effective without the coordinating committee adopting APA regulations. Individual boards had to use them where practicable, could define covered licensees through their…
Can a Colorado school district give the Healthy Kids Colorado Survey to students without first getting written parental consent, if the district uses an opt-out (passive consent) form?
Yes. Both the federal student-survey statute and Colorado's parallel statute require written parental consent only when participation is 'required.' If schools follow the opt-out procedures the AG…
Can a Louisiana parish waterworks district accept a donated private water system without a petition or vote?
The AG concluded that a donated water system still required the petition or voter approval specified for acquiring a system. The regulated donor also had to obtain Louisiana Public Service…
Did a South Carolina revenue raising bill have to start in the House if called a fee?
In 2015, the Attorney General reaffirmed that the constitutional origination rule turned on a bill’s purpose of raising revenue, not whether legislators called its charge a tax or fee. It said a…
How did the Arkansas FOIA require redactions in a city police officer's personnel file released to the public, and what could a custodian properly withhold?
The AG found most reviewed records were personnel records that could be released after proper redactions. A few were evaluation records, whose release depended on the statutory discipline, finality,…
Could South Carolina house 17 year old detainees with younger juveniles by changing only a statute?
The Attorney General concluded that a proposed statute defining juveniles to include 17 year olds would conflict with the state constitution’s under 17 separation line unless the constitution also…
If a property owner pays property taxes but skips the volunteer fire department dues that are listed on the same tax bill, can the county treat the property as tax-delinquent and put it through forfeiture and sale?
The AG said unpaid fire dues cannot be treated as delinquent property taxes if that would subject the property to forfeiture. The dues create no property lien, so sale through that mechanism was…
Can a Tennessee county sheriff's office and a school board pool their food orders into one larger bid to get better prices?
Yes. The 2015 opinion read Tenn. Code Ann. § 12-3-1203 to let any local governmental unit purchase supplies and services on behalf of another, or piggyback on another's existing contracts. Equipment…
Can Tennessee retroactively cut state-shared revenue to a city to claw back money tied to annexations made during a recent moratorium window?
Yes. The 2015 opinion concluded the General Assembly has the constitutional authority to change state-shared revenue distributions, retroactively or prospectively. Cities are creatures of the state…
When did ordinary laws from Kentucky’s 2015 regular legislative session take effect?
The Kentucky AG calculated that ordinary acts passed in the 2015 regular session took effect at the first moment of June 24, 2015, after 90 full days from final adjournment on March 25. General…
Does a former Illinois state representative lose his General Assembly pension if he used his state office, state computers, and state-paid time to commit a federal child pornography felony?
Yes. Attorney General Lisa Madigan concluded that former Rep. Keith Farnham's federal conviction for transportation of child pornography required forfeiture under section 2-156 of the Illinois…
Can a Tennessee county commission change the county wheel tax rate with a simple majority vote, or does it need the same two-thirds supermajority that's required to enact the tax in the first place?
Two-thirds. The 2015 opinion concluded a county commission must follow the same procedure it used to enact the wheel tax: a two-thirds vote at two consecutive regularly-scheduled meetings, subject…
Did the Arkansas AG certify a proposed initiated act to add sexual orientation and gender identity to the Arkansas Civil Rights Act's protected classes?
Yes, with substitutions. The AG replaced both the submitted popular name, 'An Amendment to the Arkansas Civil Rights Act of 1993,' and the submitted ballot title. She certified 'An Act Amending the…
When does a sheriff elected to fill an unexpired term take office?
The AG concluded the newly elected sheriff could take office right away. The San Jacinto County sheriff died less than a week into a four-year term that ran from January 2013 through December 2016.…
Is a county sheriff's salary increase valid if the required public notice wasn't given first?
The AG concluded the increase was invalid. Before a Texas commissioners court can raise an elected county officer's salary, it has to publish notice of the proposed increase in a newspaper at least…
Can a school district spend its funds to audit a mineral lease on county school land?
The AG's answer leaned no on both questions. County school lands are held by the county in a constitutional trust, with the commissioners court as sole trustee for the public schools. Texas courts…
Could South Carolina issue a temporary funeral home permit to a manager without a year of licensing or residency?
The Attorney General predicted that a temporary funeral establishment permit still required a manager who met the statute’s one year South Carolina funeral director licensing definition. It also…
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