State AG Opinions
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Could South Carolina’s infrastructure bank commit to a highway project contract extending beyond one fiscal year?
The Attorney General said in 2014 that a state agency could not obligate unappropriated state funds beyond the current fiscal year without an appropriation contingency, but a contract extending…
Can an Arkansas city lower or eliminate its personal property tax while keeping the real property tax the same?
No. Amendment 79, § 4(b) of the Arkansas Constitution required the millage rate on personal property to equal the millage rate on real property in every taxing unit. The City of Benton could not…
How did Tennessee's 2014 changes to arrest-warrant procedure affect security officers, merchants, and warrants already issued?
Chapter 531 created presumptions favoring summonses over warrants when private citizens (not police) seek criminal process, but did not change citizens' or security officers' warrantless arrest…
Did the Seventh Circuit's 2014 ruling against Indianapolis's adult-bookstore hours rule mean Tennessee's similar restrictions are now unconstitutional?
No. Tennessee sits in the Sixth Circuit, where Richland Bookmart upheld Tennessee's hours-of-operation restrictions under intermediate scrutiny based on the secondary-effects doctrine. The Seventh…
Can an Arkansas public hospital withhold settlement agreements with departing employees as a privacy invasion?
Probably not. The AG had not seen the records, but his office had repeatedly opined that public-entity settlement agreements are personnel records, and that the public's strong interest in…
Does Stamford's local zoning code apply to a state-owned parking garage and adjoining transit-oriented development project that the state plans to lease to a private developer?
Mostly no. The AG concluded that local zoning did not apply to the first parcel, where the state would build and own a parking garage, or the third parcel, state-owned land leased to a private…
Does an Arkansas county election board need a unanimous vote to close an inaccessible polling place and select its replacement?
The AG said closing a polling site needs only the board's usual two-vote majority, while designating another site for its voters requires unanimity. That includes assigning voters to a site already…
Can a Florida police officer also be a city commissioner for another city?
No. The AG advised that a police officer for one city holding a city commissioner seat in another city violates the dual office-holding prohibition in section 5(a), Article II of the Florida…
Does West Virginia mine safety law require pre-shift examinations of an underground coal mine while the mine is idle and no miners are working underground?
No. The AG agreed with the WV Office of Miners' Health, Safety & Training's long-standing position that W. Va. Code § 22A-2-1 et seq. requires a pre-shift examination only within three hours before…
Why did the Arkansas Attorney General reject a citizen-proposed marijuana legalization amendment in 2014?
The AG rejected the second submission of the Arkansas Hemp and Marijuana Amendment because the text contained ambiguities that made an honest ballot title impossible. The licensing-cost language,…
Could a California redevelopment successor-agency board member buy project-area property or erase a conflict by resigning?
In 2014, the AG concluded that redevelopment successor-agency board members remained subject to the property-conflict rules. A city council member on the board could not buy project-area property…
Does a company running a time-limited eBay-style online auction of property located in a Minnesota county have to hold a Minnesota auctioneer's license?
No. The AG concluded that time-limited online auction sales on platforms like eBay are not the 'business of an auctioneer' under Minn. Stat. ch. 330, and corporate entities cannot be licensed…
Can a California city buy supplies from a business half owned by a council member if she recuses herself?
No, absent actual necessity. The AG concluded that Government Code section 1090 barred purchases and service contracts with a glass company half owned by a city council member, even if she took no…
Could one Allendale town council member inspect personnel, town-paid phone, and contract records without a council vote?
The Attorney General concluded in 2014 that an individual council member could access personnel and financial records to gather information even though council generally acted as a body. It…
Can Aiken County tax an airplane owned by an out-of-state club or company because it is kept at its airport?
The AG said the auditor should not infer business use solely from the aircraft’s registered owner. Under the statute then discussed, business property was taxed where situated, while other personal…
When could a California community college trustee join bargaining that affected a spouse or the trustee's own retiree benefits?
A trustee could participate in general bargaining for a professor-spouse who had held the job for at least a year before the trustee took office, so long as the agreement did not create new or…
Can Illinois election authorities run absentee and early-voting ballots through tabulators before 7:00 p.m. on Election Day, as long as the totals are not uploaded or combined with precinct results until after the polls close?
No. Attorney General Lisa Madigan concluded that running ballots through a tabulator is itself 'counting' under sections 19-8, 20-8, and 19A-25.5 of the Election Code, and the Code requires that…
Can an Arkansas county lock itself into a 'forever' contract to house city prisoners for free, with no way out unless the city agrees?
No. A county can sign contracts for an indefinite term, but any county interlocal services agreement under A.C.A. § 14-14-910 must allow each party to terminate on six months' written notice. A…
Can Arkansas pay health insurance subsidies for public school employees even though they aren't state employees, and could other groups sue for equal treatment?
Yes for the first question, no for the second. The legislature may direct public funds to any group, including non-state employees, as long as the expenditure serves a primarily public purpose under…
Did proposed Arkansas amendment SJR 7 give legislators approval power over Game and Fish or Highway Commission rules?
The AG declined to interpret the proposal before voters acted. He said a later constitutional amendment could grant legislative approval power, but a court would have to decide whether voters…
Does Arkansas's six-month withdrawal provision apply when a county interlocal agreement omits it or expressly requires mutual consent?
The AG said a court would likely read the statutory six-month notice term into an otherwise silent county interlocal agreement. If the agreement expressly denied unilateral withdrawal, a court would…
Can a Texas city sell a building and land sitting in the middle of a city street?
The AG did not resolve the City of Ivanhoe's specific sale, because deciding who actually owned the tract and building in the street turned on factual title questions the opinion process cannot…
Could a California agency pay or reimburse its appointee for serving on a redevelopment oversight board?
No. The California Attorney General concluded that the law barred an appointing agency from paying or reimbursing its appointee for oversight board service. An employee could still receive ordinary…
When should an Arkansas state agency release the records that led to firing an employee?
The AG agreed with the AHTD HR director's decision to release four records connected to a former employee's suspension and termination. Three were employee-evaluation records that met all four…
Does the doctrine of incompatible public offices preclude Kimberly R. Olson and Roger J. Gifford from simultaneously serving on both the Board of Directors of the Hornbrook Fire Protection District and the Board of Directors of the Hornbrook Community Services District?
The AG did not finally decide that the offices were incompatible. It granted permission to sue because possible conflicts over water service, eminent domain, and fire-hazard enforcement presented…
Are the slot-machine-style 'sweepstakes' games at internet cafes and cyber cafes legal in Colorado, or are they actually illegal gambling dressed up as a phone-card promotion?
They are illegal gambling. The AG concluded that Colorado's sweepstakes statute (§ 6-1-802(10), C.R.S.) by its terms excludes activity that is otherwise unlawful, and that the games at sweepstakes…
Does Virginia's 2013 drone moratorium stop a sheriff from flying a single camera-equipped quad copter under a search warrant?
Yes. The opinion concluded that the 2013 General Assembly's Chapter 755 moratorium, which barred state and local law enforcement from using an 'unmanned aircraft system' before July 1, 2015, covered…
When every seat on an Arkansas city council is empty, can the Governor fill them?
Governor Beebe could appoint enough new aldermen to let the remaining council fill the other seats under A.C.A. § 14-44-104, or he could appoint all the vacancies at once. The power was…
Why could the Arkansas AG not review a plan to release records concerning a former 911 supervisor?
The AG could not discern a complete record-by-record decision from the information supplied. He had no indication the custodian classified the documents or applied the relevant personnel or…
Can a state agency release a former employee's work emails as personnel records without checking whether they're evaluation records?
Partially. DHS correctly identified most of former employee Leslie Rutledge's emails as personnel records suitable for release. But several emails were employee-evaluation records that needed the…
Can a juvenile probation officer also serve on or chair the school board that helps fund their department in Texas?
The AG concluded that one person could both work as a juvenile probation officer for the Fisher, Mitchell, and Nolan Counties Juvenile Department and serve as the presiding trustee of the Sweetwater…
When can the press get records from an Arkansas police officer's internal investigation?
Hearst Television's KHBS got partial relief. The AG sided with the custodian on two internal investigations that did not result in suspension or termination (those records stay closed). But he…
If an Arizona inmate eligible for parole refuses to attend their parole hearing, does the Board still have to hold the hearing and make a decision?
The AG distinguished skipping an appearance from validly waiving the hearing itself. The Board still had to hold a hearing when an eligible inmate refused to appear or waived appearance, and it…
Does Virginia's local meals tax exemption for nonprofit fundraisers apply when the nonprofit sells meals continuously, even if members-only or in competition with restaurants?
The opinion concluded that the Virginia local meals tax exemption in § 58.1-3840(A)(b) for meals sold by certain nonprofits 'as a fundraising activity' requires that the meals be sold by the…
If an Arkansas teacher resigns mid-appeal of a suspension, are the suspension records still FOIA-disclosable?
Yes. A Springdale teacher's suspension under A.C.A. § 6-17-1508 became 'final' for FOIA purposes when he resigned mid-appeal. Suspension under that statute is disciplinary even if it's with pay. The…
Could the Arkansas AG decide whether a highway department employee's personnel file should be released without seeing the records?
No. The AG had not seen the records, did not know how the custodian classified them or the circumstances of an adverse-action report, and had no specific objection from the employee. He supplied…
Why did the Arkansas AG reject the proposed Hemp and Marijuana Amendment's ballot title in 2014?
The proposal called cannabis with less than 1% THC hemp and cannabis with greater than 1% THC marijuana, leaving exactly 1% unclassified. The AG said that gap made the measure too ambiguous to…
When an Oregon public university hits a revenue shortfall, does the 'pari passu' clause in ORS 351.379(3) require it to split available cash between state-issued bonds and its own revenue bonds in proportion to amounts due?
No. The AG read the 'pari passu' language as a timing rule, not a lien-parity or pro-rata rule. Universities must time payments to the State Treasurer and revenue bondholders roughly equally within…
Could Elgin enforce its school-zone ban on electronic communication while driving after South Carolina enacted a statewide law?
No. The AG concluded the statewide wireless-device statute expressly preempted Elgin Town Ordinance 224, even though the town’s ban applied only in school zones. The ordinance could not be enforced…
Can a Virginia general registrar hire part-time temporary help during a busy election season without waiting for the county board to approve and fund it?
Yes. The opinion concluded that § 24.2-112 of the Virginia Code authorizes a general registrar, in the registrar's discretion, to hire additional temporary, part-time employees when needed. The…
Is it a felony to shoot Tannerite for fun on private property in Virginia?
No, not by itself. The opinion concluded that Tannerite (a binary explosive sold as a shot indicator for rifle practice) meets the statutory definition of 'explosive material' in Va. Code § 18.2-85,…
Are Virginia campaign finance regulations exempt from the normal Administrative Process Act notice-and-comment process as part of 'the conduct of elections'?
No. The opinion concluded that regulations implementing the Campaign Finance Disclosure Act (Va. Code Ch. 9.3) and the related campaign-fundraising and political-advertisement chapters (Chs. 9.4 and…
Is dog racing legal in Tennessee under the Racing Control Act of 1987, and is the State Racing Commission still in operation?
No to both. The Racing Control Act applied only to horse racing, not dog racing. The Racing Commission was terminated in 1997-98, and its rules expired; reestablishing it requires new legislation.…
Who counts as an 'other spiritual leader' for solemnizing a Tennessee marriage, and does the founder of a religious organization qualify?
It depends on the religion's own customs. A Church of Christ elder may solemnize marriages if the particular congregation's custom and practice authorizes it. A founder of a religious organization…
Could Travelers Rest ban concealed weapons at Trailblazer Park by city ordinance?
The AG concluded the city could not enact an ordinance restricting the carrying of concealed weapons at Trailblazer Park. It read the state firearm preemption statute as barring local regulation…
How can Arkansas verify that an out-of-state towing company qualifies for an Arkansas permit?
The AG suggested the Towing Board require applicants to show the laws of their home state actually permit Arkansas-licensed tow vehicles to operate there. No formal rule existed in 2014, but the…
Can an Arkansas county judge take 911 dispatch away from the sheriff without the sheriff's consent?
The AG said the county judge generally may withdraw the sheriff's designation as 911 operating agency without the sheriff's concurrence, although staffing, costs, and existing agreements or…
Do Tennessee notaries public have to keep a record of every notarization, even when they don't charge a fee, and can it be electronic?
Yes. Starting October 1, 2014, the recordkeeping duty applies to every notarial act regardless of whether the notary charges a fee. The 'well-bound book' may be kept electronically if the record…
Could a person who lived outside a South Carolina town vote in its municipal election if listed on its voter rolls?
The AG said municipal voters had to reside in the town for at least 30 days before the election. A person who voted without eligibility could face charges depending on the circumstances; what to do…
Can the Arkansas Department of Heritage use the 1/8% conservation tax to build a new headquarters?
The AG said Amendment 75 does not, on its face, bar the legislature from appropriating Heritage Department tax funds for capital projects or require exclusive spending on natural heritage. He would…
Can Virginia voter registrars accept mailed registration forms signed with an electronic signature (e.g., a touchscreen finger swipe) gathered by a third-party voter registration group?
Neither required nor forbidden. The opinion concluded no statute requires general registrars to accept mailed voter registration applications signed by electronic means (cursor, finger, or stylus on…
Can an Arizona municipality limit the right to petition for or vote on disincorporation to property taxpayers, and require six months' residency before voting?
No. The provisions in A.R.S. §§ 9-212 and 9-215 limiting disincorporation petition signers and voters to property taxpayers, and the 6-month residency requirement to vote on disincorporation,…
Is a city advisory committee member a 'public servant' under Florida bribery law?
Probably yes. The AG advised that the 'public servant' definition in section 838.014(6) is broad and does not exclude someone serving in a purely advisory role, so a procurement advisory committee…
Does a Texas school board trustee who resigns still have to file a personal financial statement?
The AG concluded that a school district trustee covered by section 11.0641 of the Education Code (which applies to certain border-county districts, such as those in El Paso County) had to file a…
Can a local mental health authority take part in the state's vendor selection for behavioral health services in Texas?
The AG concluded that the North Texas Behavioral Health Authority had no legal right to take part in the Texas Department of State Health Services' (DSHS) process for selecting the vendor that…
Could Murrells Inlet-Garden City Fire District ask voters to approve a tax millage above its statutory cap?
The AG said the fire district could use the statutory referendum procedure. A proposed rate could exceed the existing statutory cap, but the rate actually imposed could not exceed the increase…
Who owned Georgetown’s Rice Museum and Town Clock after the county took control of its Historical Commission?
The AG concluded that Georgetown County was the true owner of the Rice Museum and Town Clock building because its Historical Commission was a county agency. It also treated the commission’s personal…
Do Texas school districts have to pay a city's stormwater drainage fee?
The AG addressed two questions about the Municipal Drainage Utility Systems Act. First, the AG concluded that a school district is not automatically exempt from a city's drainage charge: the statute…
Could a South Carolina county require every timberland owner to submit a forest management plan for agricultural assessment?
The AG concluded that counties lacked authority to impose an extra forest-management-plan requirement for timberland to receive agricultural property tax classification. The opinion treated property…
Could a Louisiana deputy sheriff campaign for justice of the peace without taking leave?
Yes, for the deputy and sheriff's office described. The AG said no leave was required where there was no civil-service system or personnel rule requiring one, provided the deputy fulfilled his…
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