State AG Opinions
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Could a utility place new infrastructure in an existing South Carolina public road easement?
The Attorney General concluded that public road easements could include later utility uses consistent with the road’s public purpose, without a new taking if no additional servitude resulted.…
Did the Arkansas AG certify an initiated act to lower the signature threshold for calling a local wet-dry alcohol election from 38% to 20% of qualified electors?
Yes. The AG approved the popular name 'An Act Concerning Local Option (Wet-Dry) Elections' as submitted, but substituted a tighter ballot title. The substitute reframed the change as reducing the…
Did South Carolina’s proposed 2015 highway revenue bill have to originate in the House?
The Attorney General concluded that Senate Bill 523 had a primary purpose of raising highway revenue and therefore should have originated in the House under Article III, Section 15. It also warned…
If the Tennessee legislature doesn't pass enabling rules under Amendment 2, can the governor still appoint state appellate judges?
Yes. The 2015 opinion read Amendment 2 to make the governor's appointment power self-executing. Legislative inaction does not strip the governor of authority; if the legislature fails to act on a…
Can a Tennessee county use proceeds from its adequate facilities tax to pay debt service on bonds issued to build a new justice center?
Yes, if the justice center is reasonably related to new development. The 2015 opinion read the Maury County Adequate Facilities Tax act to permit using the funds either to pay project costs directly…
Can a Connecticut state marshal charge extra fees by private agreement, become a designated e-filer for an attorney, or bill clients for recording a lis pendens?
No on all three. The AG concluded that statutory fee caps under § 52-261 are exclusive and cannot be overridden by private agreement, that a marshal cannot serve as a designated e-filer for an…
Was the Arkansas Lottery Commission exempt from the statewide mileage reimbursement cap before it was abolished in 2015, and could it claw back over-cap amounts it had already paid employees?
The AG concluded the Commission was subject to the state travel regulation limiting mileage reimbursement to $0.42 per mile. She declined to advise whether it should seek repayment of the…
Did a firefighter employed by a private nonprofit have to join Louisiana's Firefighters' Retirement System?
The AG concluded that an employee of a private nonprofit fire provider was not required to join or contribute to the Firefighters' Retirement System because the nonprofit was not one of the public…
Could a Louisiana school board add hunting rights to a sixteenth-section farm lease without public bidding?
The AG said St. Martin Parish's special bid exception covered agricultural leases of sixteenth-section land, not hunting rights. A hunting lease required the public-bid process in La. R.S. 17:87.8…
Could a Louisiana village appoint its own mayor or alderman to a parish fire district board?
The AG said the Village of Atlanta could not appoint its own mayor or an alderman to the Winn Parish Fire District No. 3 board because the village officials would also hold appointing power. The…
Could a Pee Dee Mental Health Center board member also serve on Marion City Council?
The Attorney General concluded in 2015 that both positions were public offices, so simultaneous service would fall under South Carolina's constitutional dual office holding ban. The board's…
Could South Carolina DNR decline to renew a shellfish culture permit for unmet production conditions?
The Attorney General concluded that the statutes gave DNR discretion to issue and renew shellfish culture permits, impose production and reporting conditions, and revoke or suspend permits for…
Does Tennessee's 2014 textbook quality law apply to textbooks already in use, and is the textbook commission liable for approving books that turn out to have errors?
The 2015 opinion concluded the law applies only going forward, so it does not reach textbooks already in use before January 1, 2015. The Textbook Commission can technically violate the law by…
Can an Illinois county, municipality, or school district opt out of the Prevailing Wage Act by ordinance, resolution, or local referendum?
No. Attorney General Lisa Madigan concluded that the Illinois Supreme Court's decision in Bernardi v. City of Highland Park (1988) settled the question for home rule units: prevailing-wage…
Can an Illinois county, city, or village pass a 'right-to-work' ordinance, or create a local right-to-work zone by referendum, in the absence of a statewide right-to-work statute?
No. Attorney General Lisa Madigan concluded that section 8(a)(3) of the National Labor Relations Act federally preempts the regulation of union security agreements wherever interstate commerce is…
Who gets to fill a vacant seat on a Tennessee county school board: the county commission or the school board itself?
The county legislative body (the county commission). Article VII, section 2, of the Tennessee Constitution requires it. The 2015 opinion said amending state law to let the school board fill its own…
Can the Tennessee legislature hand off to another body the job of setting maximum interest rates on short-term loans?
No. The 2015 opinion concluded article XI, section 7, of the Tennessee Constitution gives the General Assembly the exclusive, non-delegable power to define and cap interest rates. Delegating that…
Does Tennessee's grandfather clause that exempts one specific distillery from the Lincoln County Process violate the Constitution?
Yes. The 2015 opinion concluded the subsection that exempted a single distillery (Prichard's) from the maple-charcoal filtering requirement was impermissible class legislation under article XI,…
Are deleted emails that exist only on a disaster recovery server subject to release under the Arkansas FOIA?
Probably not. The AG concluded that emails stored only on a disaster recovery system (DRS) are likely not 'public records' under the FOIA because they are not 'kept' in the way the statute uses that…
How much interest does a Tennessee taxpayer owe when filing a motion to redeem property that was sold at a delinquent tax sale?
1% imposed on the date of the tax sale, plus another 1% on the first day of each month following the sale, including any month-start within the 30-day window after the motion to redeem is filed.…
In 2015, the SD State Board of Education was proposing new Science Standards that drew heavily from the multi-state Next Generation Science Standards (NGSS). SD law had just been amended (SDCL 13-3-48.1) to ban adoption of multistate-consortium standards before July 1, 2016. Would adopting these NGSS-influenced standards violate that ban?
Not as a matter of law on the facts presented. The proposed standards were drafted by SD's own Department of Education workgroup, not by an outside multistate consortium, even though the workgroup…
Can Tennessee impose a new fuel surcharge and per-mile fee on trucks but give a tax credit only to in-state motor carriers?
No. The 2015 opinion concluded SB 354 would have violated the dormant Commerce Clause and federal Equal Protection Clause by giving the credit only to motor carriers domiciled in Tennessee,…
Does an Idaho state employee who gives gifts or meals to a legislator have to register as a lobbyist?
Yes, with narrow exceptions. The Sunshine Law's exemption for state employees covers official-capacity communications about legislation, but does not exempt gift-giving meant to develop goodwill or…
Which South Carolina agencies could regulate an automated transport network?
The Attorney General said in 2015 that the described horizontal passenger network did not appear to be an elevator or an amusement device. Other agency jurisdiction depended on how the system…
Could a retiring South Carolina magistrate be reappointed without interrupting retirement benefits?
The 2015 opinion said a retiring magistrate needed a genuine separation from service before reappointment and had to go through the ordinary appointment and qualification process. It quoted a…
Can an Arkansas city use city general funds to pay for water and sewer upgrades to a system that serves both residents and nonresidents?
The AG could not give a definitive answer without the particular facts. She said water and sewer statutes generally contemplate funding through system revenues but do not by implication bar general…
Can a Tennessee arrest warrant list more than one criminal charge on the same piece of paper?
No. The 2015 opinion concluded Tennessee's warrant statutes and Rule 4 are written entirely in the singular, so an arrest warrant should contain only one criminal charge. Multiple charges should be…
Can the Tennessee Board of Regents require its employees to clear all legislative funding requests through a central office before going to the General Assembly?
The 2015 opinion said the proposed TBR policy would not violate the Tennessee statute protecting public employees' communications with elected officials, but might run into First Amendment trouble…
Could Atlantic Beach bar people suing the town from serving on its boards?
The Attorney General concluded in 2015 that Atlantic Beach's ordinance raised serious constitutional problems and believed a court would find it inconsistent with the Constitution. The office…
Did the Arkansas AG certify a revised initiated act that would lower the wet-dry election petition threshold from 38% of registered voters to 25% of votes cast in the last governor's race?
No. The AG rejected the ballot title because it failed to highlight the change in the basis for computing signature requirements. A voter quickly scanning the title would see '38% to 25%' and assume…
Can a Tennessee city or county reduce future pension accruals for already-vested public employees if the plan reserves the right to amend?
Yes, but only if the retirement plan's reservation-of-right-to-amend language is specific enough to tell vested members their future accruals are subject to change. A generic 'we can amend this…
Can a witness invoke the privilege against self incrimination in South Carolina judgment collection proceedings?
The Attorney General concluded in 2015 that a witness could invoke the privilege when answers might be incriminating and prosecution was possible. It believed a court would find the supplementary…
Does Arkansas's statutory ban on recording deeds without a planning-commission-approved plat apply to every deed, or only to deeds that split an existing lot?
Probably only to deeds that split an existing lot. The AG concluded that while the statute's prohibition on recording a deed without an approved plat could be read broadly, its placement and context…
Could an unregistered for-profit corporation bill patients or payers as the medical-service provider in Arkansas?
The AG answered no for the six arrangements described, including use of employees, contractors, advanced practice nurses and an eligible foreign medical corporation. Her analysis turned on the…
Can Tennessee let bail bondsmen charge a higher premium when the defendant lives out of state?
The 2015 opinion concluded a proposed 5% surcharge on bonds for nonresident defendants would probably survive equal protection challenge, but was vulnerable under the federal Privileges and…
What did Idaho's AG say about the 2015 four-part marijuana initiative covering medical use, decriminalization, drug paraphernalia, and industrial hemp?
The AG said combining medical-marijuana and possession provisions with an industrial-hemp program might conflict with Idaho's single-subject rule. The certificate also identified limits on the…
Could Crowley provide free fire protection to unincorporated Acadia Parish?
No. The AG said Crowley could not use city resources to provide free fire protection outside its limits. It identified a local services agreement as a possible route if Acadia Parish paid all…
Can jurors donate their jury pay to programs other than juror counseling?
The AG concluded yes. Government Code section 61.003(a)(4) lets a juror donate the daily jury reimbursement to 'any other program approved by the commissioners court of the county, including' a…
Do I need a Social Security or VA disability rating to vote early by mail in Texas?
The AG concluded the only standard that matters is the Election Code's own. Section 82.002 lets a qualified voter cast a mail-in ballot if a sickness or physical condition prevents the voter from…
Can a Texas water district give public funds to a federal agency for a conservation program?
The AG concluded the Edwards Aquifer Authority (EAA) likely may do all three things it asked about. First, Article III, section 52 of the Texas Constitution bars granting public money to 'any…
Does a county have to keep paying a justice of the peace who retired and stopped doing the job?
The AG could not say the justice of the peace was entitled to the pay as a matter of law. Under the Texas Constitution's holdover provision (article XVI, section 17), an officer must keep performing…
Can Confederate or pre-statehood veterans be inducted into the Florida Veterans' Hall of Fame?
The Attorney General's office advised that, as the law and criteria then stood, Florida's pre-statehood veterans and veterans who served the Confederate States of America would not qualify for the…
Did South Carolina's 2012 DNR law eliminate the Natural Resources Board's specific statutory duties?
No, according to the Attorney General's 2015 opinion. The amended general provision limited the board to policy setting rather than day to day management, but specific statutes assigning board…
What powers did Charleston County's eight constituent school districts retain after consolidation?
The Attorney General concluded in 2015 that constituent districts lacked the full status and fiscal powers of autonomous school districts, but their trustees retained the specific local powers…
Would a South Carolina plan implementing proposed EPA carbon rules need legislative review?
The Attorney General believed in 2015 that all or significant parts of a state plan would likely count as a regulation and need General Assembly review, especially if the plan went beyond federal…
Could a Kentucky city leave a joint tourism commission and impose its own hotel room tax?
The Kentucky AG concluded in 2015 that a city could withdraw from a joint city-county tourism commission under home-rule authority, subject to any governing contract, and form its own commission. It…
Were cell-tower lease payments to a Louisiana volunteer fire department public or private funds?
The AG classified the telecommunications tower's lease payments as private funds because the tower stood on the volunteer fire department's privately owned land and did not use the parish-built fire…
Can a city put one of its council members on the municipal housing authority board?
The AG concluded no. Under Local Government Code section 392.031, a commissioner of a municipal housing authority 'may not be an officer or employee of the municipality,' and a city council member…
Can a Virginia school board add 'sexual orientation' and 'gender identity' to its nondiscrimination policy, or does the Dillon Rule block it?
Yes. AG Herring overruled a 2002 opinion and concluded that Virginia school boards' constitutional supervisory power over their schools fairly implies authority to prohibit sexual-orientation and…
Can a competing (non-incumbent) Tennessee telecommunications carrier exercise eminent domain to lay fiber or other lines on private property?
Yes. Tennessee's telephone-line eminent-domain statute (Tenn. Code Ann. § 65-21-204) applies to all telecommunications providers, including competing carriers certified after June 6, 1995.
Would Tennessee bills requiring assisted-living and adult-care homes to meet the same staffing and safety standards as nursing homes violate the federal ADA's integration mandate?
Possibly. The bills (House Bill 604/Senate Bill 567 and House Bill 413/Senate Bill 583) could make community-based residential alternatives more costly and less available. If they increased the risk…
Do you need a West Virginia auctioneer's license to sell a West Virginia estate's stuff through an online auction site, or to sell the contents of a delinquent storage unit at a live auction?
Online auctions: per the AG, no. The auctioneer-licensing statute (W. Va. Code §§ 19-2C-1, -2) governs auctions 'in this State,' the inspection requirement (§ 19-2C-5) and 'physically conduct'…
Is the charter school bond guarantee limit a monthly cap or a cumulative cap?
The AG concluded it is a cumulative cap. Texas uses its permanent school fund to guarantee school district and charter district bonds through the Bond Guarantee Program, which lowers borrowing…
Could a charter school employee serve on a district board that funded the school?
The Attorney General believed in 2015 that an employee of a charter school receiving district funds or resources would likely have a prohibited master and servant conflict if the employee also sat…
Could Maryland inspect boats for invasive species before they entered Deep Creek Lake?
The Attorney General concluded that Maryland's natural resources officers already had statutory authority to inspect vessels for invasive species and prevent contaminated launches. Plain-view and…
Was the Arkansas Treasurer's planned release of a former employee's personnel file consistent with FOIA, and was the redaction of his remaining leave balance proper?
Mostly yes. The AG concluded the Treasurer's Office correctly classified the records as personnel records and correctly decided to release them, because disclosure does not constitute a clearly…
Can a Texas county use tax increment financing to fund a reinvestment zone?
The AG concluded that, absent a constitutional amendment, a county likely cannot. Tax increment financing freezes the taxable value of property in a zone and dedicates the taxes on the growth above…
Could Greenwood alter its World War memorial through a joint resolution under South Carolina's Heritage Act?
The Attorney General said in 2015 that the Greenwood World War memorial was covered by the Heritage Act and could not be altered without amending that Act. The opinion said the amendment required a…
Was a Simpsonville committee walk through of the Arts Center a public meeting under FOIA?
The Attorney General believed in 2015 that a court would likely treat the walk through as a public meeting. Two of the three committee members were present, and the tour gathered information about a…
Can a city or county refuse to apply Arizona's charter-school zoning protections to a charter school that leases its building instead of owning it?
No. Under A.R.S. § 15-189.01, charter schools must be treated like district schools for zoning, regardless of whether they own or lease their facilities. A municipality cannot impose any zoning…
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