State AG Opinions
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Who did Beaufort County’s library director and library board report to?
In 2014, the Attorney General concluded that the library director reported to the library board. It predicted that a court would find the board accountable to the county administrator, given the…
Could West Columbia put its mayor pro tempore in charge of council meetings while the mayor was present?
The Attorney General predicted in 2014 that it could not. In the council form of government considered, the mayor pro tempore could act for the mayor during the mayor’s absence or disability, but an…
Could a South Carolina tax collector use USPS electronic signatures to document tax-sale notices?
The Attorney General predicted in 2014 that electronic signatures and electronic copies retained by USPS could satisfy the signature aspect of delinquent-tax notice, if all other notice requirements…
Can a Texas county school district hold a petition election to raise the county equalization tax under the old chapter 18?
Likely not. Former chapter 18 of the Education Code let counties create a countywide school district and adopt a countywide equalization tax. Chapter 18 was repealed in 1995, but a savings…
Why did the Arkansas AG reject the March 2014 Arkansas Cannabis Amendment for using 'legal residents' and leaving the legislature's role unclear?
AG Dustin McDaniel rejected the proposed Arkansas Cannabis Amendment because the term 'legal residents' was undefined and the measure was silent on whether the General Assembly retained any…
Can an Arkansas school district custodian withhold a settlement agreement and complaint records about a public employee as personnel records under FOIA?
The AG classified the attached complaint and settlement records as personnel records and agreed they should be released. He could not review most redactions without unredacted copies, but found one…
Is Tennessee's proposed gang-injunction law constitutional, and can it bar suspected gang members from public spaces?
Mostly defensible, but with some pressure points. The AG concluded SB 1634 was facially constitutional, but flagged that due process may require an unnamed person to have a chance to contest gang…
After city council districts are redrawn, which district boundaries determine residency for an appointee filling an unexpired term?
The AG concluded that the boundaries used when the former council member was elected should govern an appointment for the rest of that term. It authorized a quo warranto suit to resolve the…
Should Jonesboro and Monette get a 60/40 or 50/50 share of Craighead County road tax, and are the underlying 1921 and 1925 acts still constitutional?
Acts 8 of 1925 (Jonesboro) and 431 of 1921 (Monette) are not unconstitutional local or special legislation. Both predate Amendment 14, which restricts but does not repeal pre-existing special acts.…
Did the Arkansas AG approve the renewal of the Crowley Ridge Regional Library interlocal cooperation agreement between Craighead and Poinsett counties?
AG Dustin McDaniel approved the renewed interlocal cooperation agreement between Craighead and Poinsett counties for the Crowley Ridge Regional Library. The agreement met the requirements of the…
Can an Arkansas county stop providing health insurance to the dependents of quorum court members mid-term?
An Arkansas county cannot provide health insurance to dependents of quorum court members; A.C.A. § 14-14-1205 only authorizes coverage 'for members of the quorum court.' So the county must stop the…
Would a Tennessee bill limiting when insurers can change open-ended payment contracts with doctors violate the Contract Clause?
Not as drafted. The AG concluded that SB 2427, which would limit when third-party payers can make material changes to health care payment contracts, does not violate Article I, Section 20 of the…
Can a Tennessee electric cooperative offer broadband Internet to its members on its own, and could HB 2364 change that?
Not on its own. Tennessee electric cooperatives generally have no authority to provide Internet service. They can only do so through a cable joint venture with a current cable franchise holder, or…
Is Tennessee's law requiring toll-free calling within a county an unconstitutional taking of telephone-company property?
Mostly no. The AG concluded that Tenn. Code Ann. § 65-21-114, which requires toll-free intra-county calling, is constitutional in most applications. It is only an unconstitutional taking when…
Could a new owner appeal a South Carolina property-tax assessment for a year before the purchase?
The Attorney General predicted in 2014 that a current owner had standing to appeal an assessment even if the property was purchased after the previous December 31. It did not decide whether the…
Could a South Carolina fire marshal also hold a law-enforcement commission without violating the dual-office rule?
The Attorney General concluded in 2014 that a fire marshal or arson investigator who belonged to a lawfully organized fire department could also hold a law-enforcement commission without violating…
Could the Pulaski County sheriff keep power tools found on private land and turned over for investigation?
The AG could not decide who had the right to the tools because that required finding facts and evaluating a private claim. He said law enforcement use of seized stolen property as contraband would…
Can Tennessee make it a separate crime to engage in mass picketing during a labor strike or lockout?
Probably not. The AG concluded that HB 1688, which would have singled out mass picketing in labor disputes for criminal sanction and easier injunctive relief, was a content-based speech restriction…
Did a company brokering off-duty police security jobs need a South Carolina security-business license?
For the described company, the Attorney General concluded in 2014 that brokering approved off-duty officers did not itself require a contract-security license. The opinion limited that result to…
Could a South Carolina alcohol seller get a new license at another location while its existing license was suspended?
The Attorney General concluded in 2014 that a person or entity whose alcohol license or permit was suspended or revoked at one location could not obtain a new one at another location during the…
Was Worcester County's liquor department a wholesaler or retailer when buying alcohol?
The Attorney General concluded that Worcester County's liquor department was treated as a wholesaler when it bought alcohol to resell to other retailers, and as a retailer when it bought for its own…
If a Virginia county board of supervisors bypasses purchasing rules, can the board members themselves be charged with a misdemeanor under § 15.2-1239?
No. The opinion concluded that a county board of supervisors is the county's governing body, qualitatively distinct from a 'department' or 'agency' of the county government. Because the misdemeanor…
When Habitat for Humanity sells a house to a low-income family, does the buyer have to pay Virginia's recordation tax?
If the grantor meets Va. Code § 58.1-811(A)(14)'s criteria, neither the grantor nor the grantee pays the recordation taxes in §§ 58.1-801 and 58.1-807. The exemption applies to the recording…
Does Tennessee's 10% weight-margin rule for farm trucks apply when a contract poultry farmer hauls birds belonging to an integrator to market?
Yes. A truck used by a contract poultry farmer to transport poultry from the farm to market on a Tennessee state highway (other than an interstate) qualifies as a 'farm truck' under Tenn. Code Ann.…
Can Tennessee constitutionally fall back on the electric chair when lethal injection drugs are unavailable?
Probably yes, on current authority. The AG concluded that SB 2580, which would have authorized electrocution when lethal injection drugs were unavailable or held unconstitutional, would be…
Could Gaffney’s public works board donate utility money to a private college?
The Attorney General said in 2014 that an outright donation to Limestone College without a return benefit did not appear to further the board’s utility purpose. It also predicted that receiving the…
Did South Carolina’s county-by-county election-board law violate the state constitution?
The Attorney General predicted in 2014 that a court would find the county-by-county law unconstitutional special legislation, even though it addressed every county. The opinion stressed that the law…
Can a Florida community redevelopment agency spend its trust-fund money on tourism promotion and nonprofit programs?
The AG declined formal comment, saying such a request should come from the agency itself, but reaffirmed its 2010 opinion (AGO 2010-40) as still good law. Community redevelopment focuses on…
In Arkansas, who has the authority to release 911 recordings: the county emergency director or each individual public safety answering point?
Each Arkansas 911 public safety communications center's operating agency head (or designee) is the FOIA custodian of that center's 911 recordings. The Washington County Director of Emergency and 911…
In Tennessee, can a county mayor fire employees the county commission hired, or shut down a department the commission created?
No to both. When a Tennessee county commission has hired an employee under proper authority, only the commission can fire that employee. A county mayor cannot defund or abolish a county department…
Why did Arkansas reject a cannabis-legalization ballot title in 2014?
AG Dustin McDaniel rejected the proposed Arkansas Cannabis Amendment because the text contained ambiguities he could not resolve in a ballot title: the opening verb was in the imperative mood, the…
Can a Tennessee LLC use the corporate exemption to sell its own real estate without a broker's license, and what happens if the person doing the selling is paid through profit distributions?
No. The Tennessee Real Estate Broker License Act exemption in Tenn. Code Ann. § 62-13-104(a)(1)(F) is limited to corporations and does not extend to LLCs. An officer who handles real estate sales as…
After the 2013 ballot law, who certified or nominated South Carolina county-office candidates?
The Attorney General read the 2013 law as letting state parties choose state or existing county parties to certify local candidates, but cautioned that the statute did not expressly settle the…
Can a journalist get a former public employee's annual performance evaluations under the Arkansas FOIA?
Generally no. Under A.C.A. § 25-19-105(c)(1), employee evaluation records stay confidential unless the evaluation formed the basis for the employee's suspension or termination, the disciplinary…
Does Tennessee treat an electric bicycle as a motor vehicle, and can a rider be charged with DUI for riding one drunk?
A self-propelled electric bicycle (one whose motor moves it without pedaling) is a motor vehicle in Tennessee. Operating one on a highway requires a driver's license. The rider may be charged with…
Does a former Connecticut Superior Court judge who resigned have to reapply to the Judicial Selection Commission to be considered for a new judicial appointment?
It depended on the court. The AG concluded that a former Superior Court judge applying again for the Superior Court had to submit a new application, but a former Superior Court judge who had…
When did Texas district courts have to start collecting the new $20 electronic-filing fee?
September 1, 2013. House Bill 2302 added Government Code section 51.851, which set new electronic-filing fees, including a $20 fee, after the Texas Supreme Court ordered e-filing for most civil…
Can a Florida county spend tourist development tax money to promote events held outside the subcounty district that levied the tax?
The AG concluded that section 125.0104(5)(a)3., Florida Statutes, does not confine a county to spending tourist development tax funds only inside the subcounty special taxing district that levied…
If someone is involuntarily committed to a mental health facility in another Idaho county, can they register to vote in that new county?
No. Idaho's constitution and statutes treat the place of involuntary mental health commitment as the same as an asylum, so time spent there does not count toward establishing voting residency in the…
When could Texas's historic building rehabilitation tax credit first be claimed, and could a nonprofit or homeowner use it?
The AG laid out a timeline. The franchise-tax credit for rehabilitating certified historic structures, created by House Bill 500 as subchapter S of Tax Code chapter 171, did not become operative…
Can a Texas justice court charge a fee to file a petition for an occupational driver's license?
Yes. After House Bill 438 let justice courts receive these petitions and deleted the word 'civil' from Transportation Code section 521.242(e), Senator-turned-Representative Harold Dutton asked…
Can a Texas city use its city attorney to sue and stop a recall election against its own council members?
The AG gave a layered answer. An individual officeholder who is the target of a recall petition generally does have standing to file a declaratory-judgment action to test whether the petition meets…
Could South Carolina officers extend a traffic stop or jail detention to check immigration status?
The Attorney General concluded in 2014 that the state law allowed immigration questions during an otherwise valid stop but did not authorize extending the stop for that inquiry. It likewise said the…
Did DACA status qualify a person for a South Carolina professional license in 2014?
The Attorney General predicted in 2014 that a court would deny a state professional or occupational license to a person with DACA status under the law and federal position the office described then.…
If I own my real estate through one LLC and manage it through a separate LLC I also own, do I need a real estate broker's license for the management LLC?
Yes. The AG concluded that a company managing another company's property for compensation needed a real estate broker's license, even when the same people controlled both companies. The…
Could a South Carolina town charge residents a stormwater utility fee?
The Attorney General concluded in 2014 that a municipality could impose a stormwater utility fee under the state statute, provided the charge was reasonable and equitable.
What would Daniel Island’s proposed move to Charleston County have changed in 2014?
The Attorney General predicted that a county transfer would not automatically move Daniel Island out of the Berkeley school district, though it called that issue uncertain and recommended a…
Can a city annex an unincorporated area surrounded on three sides if the fourth side borders Corps of Engineers lake property?
Probably not. Arkansas Act 1243 of 2013 lets a city annex a three-sided unincorporated pocket only when the fourth side is a state border, a 'military base,' a state park, or a national forest. Land…
Could Tennessee declare all federal weapons regulations void in the state and create a private cause of action against any government that tried to enforce one?
No. The AG concluded that SB 1756, which would have voided all federal arms regulations within Tennessee and locked out any local firearms rules, would violate the Supremacy Clause to the extent it…
Could Tennessee pass a law declaring federal firearms regulations void within the state?
No. The AG concluded that SB 1607, which would have amended the Tennessee Firearms Freedom Act to declare federal firearms laws void as to any gun, accessory, or ammunition present in Tennessee,…
Can a Florida city or county regulate outdoor firearm ranges or recreational shooting in residential neighborhoods?
The AG declined to comment directly because the office was then litigating the constitutionality of section 790.33, Florida Statutes. It pointed instead to its earlier opinions, which had concluded…
If an Arkansas city council resolution to hold partisan primaries uses outdated language, is it still effective, and is it binding?
Yes on both counts. A.C.A. § 7-7-201(b)(1) impliedly repealed part of A.C.A. § 14-42-206(a), substituting the county board of election commissioners for political party committees as the entity that…
Can the Arkansas Department of Information Systems provide IT services to the Arkansas Municipal League?
Probably yes. A.C.A. § 25-4-105 lets DIS provide IT services to state agencies, governmental entities, first responders, and 'quasi-governmental entities.' The term is undefined, but the AG…
Can the Arkansas Department of Health force a water system to fluoridate by treating Delta Dental grant funds as 'available'?
Yes, in effect. The Department determined the Delta Dental Foundation grant funds were 'available' under the fluoridation Act, and the AG would defer to that interpretation. Once funds are available…
Can an Arkansas county force employees to resign or take unpaid leave when they file to run for elected office?
No. Under A.C.A. § 21-1-207, no public employer may strip a state, county, municipal, or school employee of the right to run for elective office. The Ashley County 'resign-to-run' personnel policy…
In Tennessee, can the same person be a county commissioner and the clerk and master of the chancery court, and can a clerk and master practice law on the side?
Yes to both, with limits. The Tennessee AG concluded that the two offices are local rather than state offices, so the constitutional ban on holding more than one lucrative office does not apply. A…
Can a Tennessee school board forgive a city that has spent years skipping its share of liquor-by-the-drink taxes owed to the county school fund?
No. A Tennessee county school board cannot waive its statutory right to receive liquor-by-the-drink tax revenue. The claim is not barred by any statute of limitations because collecting school taxes…
Can a Florida municipality limit outdoor firearm ranges or shooting practice in residential neighborhoods?
The AG declined to opine, because the office was party to pending litigation over the constitutionality of section 790.33, Florida Statutes, and office policy bars opinions on questions before the…
Can a Tennessee principal search a student's locker, and must the principal notify a parent before police question a student at school?
Tennessee public school students have a very low expectation of privacy in their lockers. A principal (not a delegated employee) may order a search on reasonable suspicion. Police generally need the…
Could a South Carolina judge reduce a sentence without notifying or hearing from the victim?
The Attorney General predicted in 2014 that the state constitution required notice to a crime victim and an opportunity to speak or submit an updated statement on a sentence-reduction motion, even…
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