State AG Opinions
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Does Arkansas's concealed-carry ban on Highway Department grounds reach the private property next door to a Highway Department building?
No. A.C.A. § 5-73-306(3)(A) bans concealed carry in Highway Department buildings and on grounds adjacent to them, but only when the grounds are owned or controlled by the Department. Private…
Can a Tennessee teacher who gets elected to the school board keep teaching for the same school system?
No. Tenn. Code Ann. § 49-2-203(a)(1)(D) bars a local school board member from holding any salaried position under that board. A teacher elected to her own school board must resign her teaching job…
Can a Virginia county create a countywide service district to raise tax money for its share of a regional jail's operating costs?
No. The opinion concluded that Prince Edward County could not create a county-wide service district under Va. Code §§ 15.2-2400 through 15.2-2413 just to raise revenue for its share of an existing…
Can one municipal board take over another board's duties without violating Florida's dual office-holding ban?
The AG said concurrent appointments to the two boards would violate Article II, section 5(a), while legislatively assigning the planning board additional ex officio duties would not itself violate…
When an Arkansas city annexes land served by a subscription volunteer fire department, does the volunteer department automatically lose that territory?
No state law strips a subscription volunteer fire department of its membership in an annexed area automatically, but the annexing city has its own statutory duty to provide fire protection. The two…
Can a city in Arkansas leave one county judicial district and join the adjacent one, and is the state's wet/dry local option law constitutional?
Only the Arkansas General Assembly could move the City of Barling from Sebastian County's Greenwood District into its Fort Smith District, and the wet/dry local option statute (A.C.A. § 3-8-305) did…
Could an Orangeburg planning commissioner also serve on the city aviation commission?
The Attorney General predicted that the same person could hold both positions. County planning commission membership counted as a public office, but the city aviation commission’s advisory role did…
Could Florence use local-option sales-tax revenue for a medical teaching facility?
The Attorney General predicted that Florence could use its share of the County/Municipal Revenue Fund for the proposed facility if it served a public and city purpose. It distinguished that flexible…
If an Arkansas city's elected recorder/treasurer is not keeping the books, can the city council hire someone else (or the former recorder) to do the work?
Yes. Under A.C.A. § 14-59-115, when a municipal recorder/treasurer is not complying with the Municipal Accounting Law, the city council may assign those accounting duties to another employee or…
Under Arkansas Act 1507 of 2013, can a school district let community groups use its property or millage revenue without violating Article 14 of the state constitution?
Act 1507 of 2013 did not give Arkansas school boards unlimited discretion to allow uncompensated community use of school property; the AG read the statute narrowly so it would conform to Article…
Can the Texas Legislature pass laws that override or void existing HOA covenants?
Sometimes. The AG explained that property owners' association covenants are treated as contracts, so they are protected by the Contract Clauses of the Texas and U.S. Constitutions. That protection…
Can a justice of the peace waive the 72-hour waiting period for a Texas marriage license?
Probably not. Texas Family Code section 2.204 makes a couple wait 72 hours after a marriage license is issued before the ceremony, but it lets certain judges grant a written waiver: a judge of a…
Could James Island replace a service-district tax with a new town millage without exceeding the cap?
The Attorney General said a literal reading of the statutory millage cap made a town increase from zero to 51 mills exceed the limit, even if the service district lowered its rate by the same…
When did ordinary laws passed in Kentucky’s 2014 regular legislative session take effect?
The Kentucky AG calculated that ordinary 2014 session acts took effect at the first moment of July 15, 2014, after 90 full days had passed since April 15 adjournment. General appropriation bills and…
Does Florida law require a local board to let the public speak before it votes on something?
The AG gave informal comments rather than a formal opinion, finding the statute clear on its face. Section 286.0114 requires that members of the public get a reasonable opportunity to be heard on a…
Could a Winthrop adjunct professor also sit on the university’s board of trustees?
The Attorney General concluded in 2014 that the candidate could not hold both positions because the board supervises the university that employed the professor. The opinion said the conflict could…
Are Tennessee's voluntary drug-free workplace drug-testing rules constitutional, and can Tennessee still test for marijuana even though other states have legalized it?
Yes. The drug-free workplace statutes are voluntary for employers, and they expressly limit testing to what state and federal constitutions permit. Whether they impose unfair penalties is a policy…
Can Tennessee dentists give Botox and dermal-filler injections in the mouth and maxillofacial area without practicing medicine?
Yes. The 2003 amendments to Tennessee's Dental Practice Act broadened the definition of dentistry to cover diseases, disorders, and conditions of the oral cavity, maxillofacial area, and adjacent…
Can one person hold both the interim chief of police and the interim city administrator jobs in a Tennessee city at the same time?
Yes, as a matter of state law. Tennessee's constitutional ban on dual office holding applies only to state offices, and no general state statute prohibits the combination. But common-law…
Can a Tennessee physician give spinal injections in an office or clinic that is not licensed as a health-care facility, without being board certified in pain management?
No. Tennessee restricts spinal injections in unlicensed settings (called 'interventional pain management') to physicians who meet one of five statutory requirements, most of which involve board…
If a West Virginia primary candidate filed a notarized statement of withdrawal after the legal deadline, must the votes for that candidate still be counted, and what happens if the withdrawn candidate wins?
Yes, the votes must be counted, and if the withdrawn candidate wins, he must be certified as the winner. The AG concluded that an untimely withdrawal under W. Va. Code § 3-5-11(a) must simply be…
Can a Minnesota legislator avoid arrest for DWI or other criminal conduct during a legislative session by invoking the 'privilege from arrest' clause in the state constitution?
No, in the AG's view. The constitutional 'privilege from arrest' in Minn. Const. art. IV, § 10 applies only to civil arrests, not to criminal arrests like DWI. The AG recommended the legislature…
Can Tennessee put cameras on school buses to ticket drivers who pass them while they are stopped?
Probably not in the form HB2196 proposed. The bill mailed citations to the registered owner and bundled them with driver-license points and $300 to $1,000 fines. That looks criminal rather than…
Can the Texas Comptroller write rules to fill a gap in the Major Events Trust Fund law?
No, not a gap like this one. Senate Bill 1678 added a 'largest event' category to the Major Events Trust Fund, the once-a-year event at a Texas venue seating at least 125,000, but the Legislature…
Why did Arkansas AG reject the 2014 ballot title for a statewide alcohol amendment that would have ended county-by-county wet/dry elections?
AG Dustin McDaniel rejected the proposed ballot title and popular name for the 2014 Arkansas Alcoholic Beverage Amendment because the measure's own text did not say clearly that it amended the…
Can a Texas school district let a Guardian Plan employee carry a gun at school sporting events or board meetings?
Yes, as the AG read the statutes. Penal Code section 46.035 bars a concealed handgun license holder from carrying at a school sporting or interscholastic event or at a governmental meeting, but only…
Could a Criminal Justice Academy instructor run a private security-system business off duty?
The Attorney General knew of no state law that absolutely barred the described off-duty business. The short opinion did not decide whether the employee’s particular arrangement complied with ethics…
Can the Tennessee legislature pass a bill that lets only one nursing home in one county relocate beds without going through the normal certificate-of-need rules?
HB2342's conditions effectively limited it to one Davidson County nursing home, making it special legislation that needed a rational basis. The AG said removing the several conditions so the bill…
Can a Tennessee city charge customers outside its city limits twice what it charges customers inside?
Possibly. The 2x out-of-city rate is presumed valid by itself. To challenge it, a customer outside the city would have to carry the heavy burden of showing the rate is not just and equitable.…
Is a farm building or farm sign exempt from the Florida Building Code, and does that cover a feed store?
The AG gave informal comments because it could not decide the mixed questions of law and fact about a feed store. Section 604.50 exempts qualifying farm buildings, fences, and signs on bona fide…
What training did a South Carolina magistrate’s constable need in 2014 to carry a pistol on duty?
The Attorney General concluded that the constable then had to complete the Criminal Justice Academy’s 12-week Class 1 course because it was the only course available to magistrates’ constables. The…
Why did Arkansas AG reject the 2014 ballot title for the Arkansas Cannabis Industry Amendment proposed by Robert Reed?
AG Dustin McDaniel rejected the proposed ballot title for the Arkansas Cannabis Industry Amendment because the measure did not clearly declare itself a constitutional amendment and Section 2's grant…
What kinds of entertainment projects can a Texas economic development corporation pay for?
It depends on whether the project is like the public facilities the statute lists. The AG explained that Local Government Code section 505.152 lets a Type A economic development corporation fund…
Can a Virginia county collect attorney fees from a property owner who paid off delinquent taxes before the property went to judicial sale, if no court order set the fees?
No. The judicial-sale collection statutes (Va. Code §§ 58.1-3965 and 58.1-3974) only allow recovery of attorney's fees that are 'set by the court.' If the suit was dismissed without an order setting…
Did a South Carolina expungement require police to erase news posts, investigations, or traffic-stop video?
The 2014 opinion distinguished official arrest records from independent news, investigative material, and evidence of underlying conduct. It did not require deletion of news reports or stop video,…
Did the amended version of HB1687 fix the First Amendment problems that the AG flagged in the original anti-corporate-campaign bill?
Mostly. By dropping labor-specific language and applying the extortion offense to 'any entity,' the amended HB1687 was no longer a content-based speech restriction. But it remained at risk of…
Are the EPA-pattern guarantee and surety-bond forms that Connecticut underground storage tank owners use to prove financial responsibility legally enforceable contracts in Connecticut?
Yes, with conditions. The AG concluded that the forms in R.C.S.A. §§ 22a-449(d)-109(g) (guarantee) and 22a-449(d)-109(i) (surety bond) were valid and enforceable in Connecticut, provided the…
Did DC voters legally win budget autonomy through the 2012 Charter amendment, or does Congress still have to appropriate the District's local funds before the Mayor can spend them?
In this 2014 opinion, AG Irvin Nathan concluded that the Local Budget Autonomy Act of 2012 was void. He said the Charter amendment process could not change protected Home Rule Act provisions,…
Can a Tennessee county tack a $1 surcharge onto every ticket sold at the county fairgrounds to fund a new exposition center?
No, not by ordinance. Such a surcharge is a tax, not a fee, and it conflicts with the state amusement-tax law. The General Assembly could authorize it by private act, but only if a rational basis…
When does a Texas water authority need county approval to buy groundwater?
Not every water purchase requires approval. Senate Bill 281 lets the Red River Authority purchase 'groundwater rights' in a county that has no groundwater conservation district only if the county…
When does Arkansas FOIA require disclosure of a school employee's settlement agreement, and what redactions are allowed?
The AG found the personnel-records exception did not justify redacting the settlement paragraph, given the high public interest in public-entity settlement terms. He did not review the separate…
Can an Arkansas regional public water authority shut off water service to a city customer for unpaid bills?
The AG declined to decide. He said answering would require reviewing the parties’ contract alongside corporate documents and procedures, which was outside an AG opinion. The water purchase contract…
Can an Arkansas city refuse to allow golf carts on its streets, and if it does allow them, can it require insurance and a minimum driver age?
Arkansas cities have full discretion under A.C.A. § 14-54-1410 to decide whether to allow golf carts on city streets, and Act 170 of 2013 did not change that discretion. A city that does allow golf…
Could a Louisiana police department reduce sick leave pay because an officer received VA benefits?
No. The AG said the police sick-leave law reduced pay for workers' compensation benefits actually received, but did not authorize a reduction for Veterans Administration benefits for the same condition.
Can the Texas State Fire Marshal reinvestigate old, closed arson cases?
Yes, as the AG read the law. A district attorney worried that the State Fire Marshal's Office and its Science Advisory Workgroup were bound by the same limits as the Texas Forensic Science…
Can one person serve as both the village clerk/treasurer and the village court clerk in a New York village?
No. The AG concluded the two positions are incompatible because the village court clerk transmits court fines and fees to the treasurer, who in turn distributes them to the State and county. Having…
Can an Arkansas county use excess law library funds to finish out courthouse space for the juvenile court?
The AG said finishing courthouse space for juvenile court staff qualifies as an improvement in the administration of justice under A.C.A. § 16-23-102. He assumed, without deciding, that the proposed…
Why did the Arkansas AG reject the first 2014 ballot title for the statewide alcohol amendment proposed by David Couch?
AG Dustin McDaniel rejected the sponsor's first version of the Arkansas Alcoholic Beverage Amendment because the text used the disjunctive 'or' in places where it had to mean 'and,' omitted…
Why did the Arkansas AG reject the Regnat Populus 2014 campaign finance and lobbying initiated act?
AG Dustin McDaniel rejected the Campaign Finance and Lobbying Act of 2014 because Section 4(A) (calling on Congress and the states to amend the U.S. Constitution to permit 'content-neutral…
Can a Tennessee city kick another city's natural gas utility out of its limits and become the sole gas provider?
Yes. A Tennessee city may choose to be the sole natural gas provider within its limits and, upon reasonable notice, exclude another city whose franchise has expired. The displaced city's…
Did South Carolina’s 2010 and 2013 approval extensions pause a Beaufort development agreement?
The Attorney General concluded that both resolutions applied to the Beaufort County–Del Webb development agreement because an approved agreement carried associated vested development rights. On the…
Can Tennessee force private colleges to recognize religious student groups that limit their leaders to coreligionists?
Probably not as applied to private institutions. The AG concluded SB2294 was constitutionally suspect under the First Amendment because it would force private colleges to abandon all-comers policies…
Can Tennessee litigants stipulate around the rule that a court reporter cannot be employed by a party or have a financial interest in the case?
Yes. The deposition stipulation under Tenn. R. Civ. P. 29 is not limited to scheduling. Parties may stipulate that a deposition be taken before any person, in any manner, and the stipulation can…
Does a Tennessee correspondence-school diploma satisfy the high-school diploma requirement for becoming a constable?
No. A correspondence-school diploma is not a high-school diploma for purposes of the constable qualifications in Tenn. Code Ann. § 8-10-102(a)(1)(C)(ii). The legislature has shown that when it wants…
When Tennessee voters approve a private act expanding a county school board, do the new seats become vacancies the county commission can fill until the next election?
Yes. New school-board positions are vacancies the moment they are created, so the county legislative body may fill them by appointment until the next general election. The 2016 election for those…
Did Georgetown need a referendum to switch city elections from partisan to nonpartisan?
The Attorney General concluded in 2014 that South Carolina law did not require a referendum for that switch. It read the referendum rule for a changed “method of election” as addressing whether…
After Washington voters passed Initiative 1185 requiring legislative approval for fee increases, did the Transportation Commission lose its power to set tolls and ferry fares?
No. The AG concluded that I-1185, like its predecessors I-960 and I-1053, simply requires that a fee increase have legislative approval at some point, but did not repeal the hundreds of pre-existing…
Can a registered sex offender go to their own child's school football game in Tennessee?
No. Tenn. Code Ann. § 40-39-211(d) bars sex offenders from being on school premises or public athletic fields when children under 18 are present. The only relevant exception is for parents attending…
Can a Tennessee municipality cancel its school-board election when only one person filed for each open seat?
No. Tenn. Code Ann. § 49-2-201(a)(1) requires that local boards of education be elected by the people, and a Tennessee Special Supreme Court recently confirmed that an uncontested race is still an…
Could Gaffney spend local hospitality-tax revenue on pothole repairs and road resurfacing?
The Attorney General concluded in 2014 that the tax could fund repairs to roads providing access to tourist destinations. The office left whether specific Gaffney roads met that test to factual…
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