State AG Opinions
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Who is responsible for naming a legislature-proposed constitutional amendment on the Arkansas ballot after a 2013 law took that job away from the Attorney General?
The Attorney General no longer has that authority, based on this opinion. A 2013 law change removed the Attorney General's statutory duty to prepare a popular name for constitutional amendments…
Could South Carolina’s governor use state resources for campaign activity, and who decided ethics complaints?
The Attorney General declined to give a definitive answer in 2013 because the Ethics Commission had jurisdiction over ethics-law questions and the alleged events required fact-finding. The opinion…
Can the Illinois Governor or GOMB use an executive order or budget directive to cut money the legislature already appropriated to an independent state agency like the State Police Merit Board?
Generally no. Attorney General Lisa Madigan concluded that once the General Assembly appropriates funds to the Merit Board and the bill is signed into law, the Governor and the Governor's Office of…
Can a state agency release an employee's termination letter to a FOIA requester if the letter explains the reasons for firing?
Yes, based on this opinion. Because the employee's termination letter recounted the reasons for the firing (not just the bare fact of termination), it qualified as an 'employee evaluation or job…
Can an Arkansas dairy that's certified to sell inspected Grade A milk also sell unpasteurized raw milk under the state's farm raw-milk law?
Probably not, based on this opinion. Although the 2013 law allowing incidental farm sales of unpasteurized whole milk doesn't specifically address Grade A dairies, its required point-of-sale notice…
Can Tennessee let local emergency communications districts collect the 911 fee on landline and VoIP service?
Yes. No federal or Tennessee law prevents the General Assembly from restructuring the 911 funding model so that emergency communications districts collect 911 fees on both wireline and non-wireline…
Can Tennessee require a prescription for all pseudoephedrine products, even though federal law doesn't?
Yes. The Attorney General concluded that the General Assembly could require a prescription for products containing pseudoephedrine. The exception in 21 U.S.C. § 379r(c)(1) keeps the federal…
Can a Tennessee county use the interest earned on the school general-purpose fund for non-school purposes?
Yes. Interest earned on money in the school general-purpose fund is not statutorily restricted to school use and the county commission can appropriate it for any lawful county purpose. If the…
Can Tennessee limit a city annexation referendum to property owners, or to residents and nonresident property owners?
Restricting the vote to property owners alone would violate equal protection because nonproperty-owning residents have a substantial interest in annexation. Allowing both residents and nonresident…
Did California's workplace smoking ban cover a business with no employees of its own?
It could. The Attorney General said an owner-run business with no direct employees still counted as a place of employment if someone employed by another business carried out paid work there. A truly…
Could South San Francisco council members receive home noise-insulation funding from a program their council shaped?
Yes, on the facts presented. The Attorney General found that the city program's eligibility and reimbursement rules gave the mayor and another council member substantially the same terms as other…
Should a California bank add several exemptions together when child-support officials levy one account?
No. When a child-support debtor's account qualified for all three protections examined, the Attorney General said the bank should calculate each exempt amount and protect funds up to the largest…
Could Kentucky's emergency medical services board license someone with a felony conviction or completed felony diversion?
The Kentucky AG concluded in 2013 that the EMS board could not consider an application from someone convicted of or pleading to a felony, or someone who completed a felony diversion program. It also…
Did Kentucky's special-purpose-entity reporting and audit law apply to municipal TVA power distributors?
The Kentucky AG concluded in 2013 that Little TVA Act utilities generally had to make the annual reports required by KRS Chapter 65A. Their existing annual audit rule under KRS 96.840 controlled,…
Could a Louisiana city use public crews to bury privately owned animals on private land at no charge?
The AG said a public entity could not routinely pay to bury a privately owned animal on private land because it found no authority for that expense. In a genuine public-health or safety emergency,…
Does a Virginia sheriff have to take a 10% cut from a sheriff's sale, or can the full proceeds go to the creditor?
It is discretionary. Va. Code § 8.01-499 authorizes (but does not require) the sheriff to deduct a 10% commission from the proceeds of a sheriff's sale before paying the net to the judgment…
Can a Tennessee pharmacy or home medical equipment provider fit a customer for off-the-shelf diabetic shoes?
Appropriately trained pharmacy or home medical equipment staff may measure, fit, or adjust non-custom diabetic shoes if they meet the certification or supervision criteria in Tenn. Code Ann. §…
Could farmland near commercial property still receive Louisiana use-value tax assessment?
Potentially. The AG said nearby commercial and residential uses did not by themselves determine eligibility for use-value assessment. The land had to satisfy the statutory use and size or income…
Could a private Louisiana horse breeders association require banks to secure its public-fund deposits?
No. Although the association held money classified as public funds, the AG concluded that it was a private organization rather than a state depositing authority. It therefore could not require the…
Does Arkansas's automatic 3% cost-of-living raise for elected county officers apply to justices of the peace?
No, based on this opinion. Justices of the peace are classified by statute as 'township officers,' not 'elected county officers,' so the law requiring an automatic 3% annual cost-of-living increase…
Can a city's hotel and restaurant tax pay for referees and equipment at a school basketball tournament held in a public gym?
Probably yes for both, based on this opinion, though the answer is fact-dependent. An advertising and promotion (A&P) commission likely may spend hotel-and-restaurant tax revenue to pay tournament…
Does Maryland's ban on a 'segregated ballot' for disabled voters mean their ballots have to look identical to everyone else's, or just avoid being counted separately?
The opinion concluded that a voting system creates an unlawful 'segregated ballot' for disabled voters only when the ballots produced for them are distinguishable in appearance or handling from…
Can a county quorum court redirect money from the treasurer's commission fund to another department without the treasurer's consent?
The Attorney General declined to answer, based on this opinion. Whether a quorum court's transfer of money from the county treasurer's commission fund to the IT department counts as an authorized…
Can a Texas county fund a second bailiff for a multi-county district court?
Not a second bailiff, but the court can hire other staff. Kleberg County Attorney Delma Rios-Salazar asked whether the Kleberg County commissioners court could create and fund an extra full-time…
Can Austin shift Austin Energy to an independent board by ordinance, and can out-of-city customers have a say?
Mostly yes, by ordinance, but charter amendments still belong to city voters. Senator John Carona asked whether the Austin City Council could move governance of Austin Energy, the city-owned…
Could a temporary H-2A farm worker drive in South Carolina with a valid Mexican license?
The AG concluded that a valid Mexican license and H-2A visa supplied prima facie evidence for the nonresident licensing exemption, assuming the driver was at least 16. It advised officers to stop…
Could Colorado's General Assembly legalize online casino gambling on its own, without going to voters, by treating the casino server's location as where the bet is placed?
No. The AG concluded that limited gaming under Article XVIII, Section 9 of the Colorado Constitution covers only physical, casino-style gaming inside qualifying buildings in Central City, Black…
Did a deferred felony sentence let a Louisiana fire chief keep his public job?
No. The AG concluded that a felony guilty plea under Article 893 was a conviction for the public employee removal statute, even though a court might set it aside after probation. Removal was tied to…
Can Connecticut's Governmental Accountability Commission evaluate or set expectations for the Office of Governmental Accountability's executive administrator, even though the statute doesn't say so expressly?
Yes. The Connecticut AG concluded the Governmental Accountability Commission has implied statutory authority to set goals and expectations for, and to periodically evaluate, the executive…
Can a Virginia open-end credit lender charge an annual membership fee on top of finance charges, even if I pay my balance in full each month?
Yes. Under Va. Code § 6.2-312, an open-end credit lender can charge both 'finance charges' (only if the borrower fails to pay the balance in full by the close of a minimum 25-day billing cycle) and…
In Virginia courthouses, do sheriffs or judges decide where security cameras go and what doors are locked?
Judges make the rules. Sheriffs enforce them. Va. Code § 53.1-120 puts the duty to ensure courthouses and courtrooms are secure on the sheriff and lets the chief judges and the sheriff agree on the…
Does a Virginia prosecutor have to disclose the identity of trial witnesses or confidential informants to the defense before trial?
Generally no, but with two important exceptions. The Virginia rules of criminal procedure (Rule 3A:11, Rule 7C:5) do not require the Commonwealth to disclose witness names, addresses, or phone…
Could Dodson's aldermen ban on-duty Tasers, and did its elected police chief have to report training travel to the mayor?
The AG said no to both. It found that Dodson's police department needed an operating budget, that a Taser ban would intrude on the elected chief's control of department equipment and officers, and…
Could a Louisiana parish president hire an assistant outside civil service, and could the council veto department hires?
The AG said St. John the Baptist Parish's president could hire a temporary assistant responsible to him alone outside classified civil service under the parish's charter and rules. It also concluded…
Under Florida's CCNA, can a government skip competitive selection for a design contract over $2 million, and do design fees count toward the $2 million cap?
The AG concluded that a 'continuing contract' for work of a specified nature is still capped at $2 million in estimated construction cost per project, so a contract exceeding that must go through…
Can a South Carolina mayor also serve on a county planning commission?
The Attorney General concluded in 2013 that a mayor could not also be appointed to a county planning commission. Both posts would likely count as public offices under the state constitution's…
Must a Tennessee county pay for fringe benefits set by the sheriff's civil service board?
Yes, for employees covered by the Sheriff's Civil Service Law of 1974. The board may determine their fringe benefits, and funds for those benefits must be included in the county budget. The county…
Can a nonprofit hold a raffle in Florida without breaking the gambling laws?
Responding informally, the AG explained that Florida's general ban on lotteries (section 849.09) has a limited exception in section 849.0935, which lets certain 501(c) organizations, those qualified…
Did merging an older South Carolina business into a new corporation make it eligible for the angel-investor tax credit?
The Attorney General concluded in 2013 that the merger did not restart the business's age. On the facts presented, the business began in 2005, so its 2009 reorganization did not make it a qualifying…
Can a police department release an officer's name and job title to a FOIA requester, even if the officer objects?
Yes, based on this opinion. A public employee's name and job position are personnel records under Arkansas's FOIA, and releasing them almost never counts as a clearly unwarranted invasion of…
Can a water utility be forced to shut off a customer's water over an unpaid sewer bill from a different city's sewer department?
Yes, based on this opinion. The Paragould Light & Water Commission, which supplies water to residents of Oak Grove Heights who get separate sewer service from that city, is a 'corresponding water…
What counts as an 'obvious clerical mistake' a Tennessee property assessor can correct outside of an appeal?
Only errors apparent from the face of the official tax and assessment records that involve no judgment or discretion by the assessor. Examples include typos, mathematical miscalculations, misplaced…
Could Spartanburg County end part-time magistrates' health benefits when it switched insurance plans in 2014?
The Attorney General concluded that the county most likely could not reduce a magistrate's existing insurance benefits during the unexpired term, even though the new plan excluded some part-time…
Can a Tennessee city or county pass an ordinance making OTC pseudoephedrine prescription-only?
No. The Tennessee 'I Hate Meth Act' (Tenn. Code Ann. § 39-17-431) occupies the entire field of regulating methamphetamine-precursor sales, both expressly (subsection (n) says the act supersedes any…
Can a Tennessee juvenile court issue an order of protection for a child born out of wedlock?
Yes, to the extent a protection-order petition is consistent with a paternity proceeding or a proceeding about the care and control of a child born out of wedlock, and otherwise meets the statutory…
Who has authority to manage the 8,600-acre Doe Mountain tract in northeast Tennessee?
The Doe Mountain Recreation Authority, a state-created entity, has sole land-management authority over the tract under Tenn. Code Ann. §§ 11-25-101 to -119. The only outside-approval requirement is…
Could Tennessee criminalize a movie theater letting a minor watch an R-rated film?
The pre-2013 statute that tied criminal liability to MPAA ratings was unconstitutional under the First Amendment because it borrowed a private, voluntary rating system to define a crime and was not…
Is Tennessee's proposed pre-suit notice law for establishment clause claims constitutional?
No. SB 965's pre-litigation notice and 120-day response window for state establishment clause claims violates the Tennessee Constitution's freedom-of-worship and open-courts provisions. The bill's…
What happens if a Delaware public body doesn't post its meeting notices on the state's official calendar?
The board violated Delaware's open-meetings law by not electronically posting notices and minutes on the state's official Public Meeting Calendar, but the AG found the violation didn't harm anyone…
Could Leesville enroll fire department personnel in the municipal employees' retirement system?
Generally no on the facts presented. The AG said Leesville's firefighters remained eligible for the Firemen's Retirement System despite a city ordinance exempting mandatory participation, and that…
Can a Texas justice of the peace also work as a court-appointed investigator in felony cases?
No single law flatly forbids it, but the ethics question is for the judicial-conduct commission. District Attorney Micheal Murray asked the Attorney General whether a sitting justice of the peace…
When Washington's Energy Independence Act tells a utility to use methods 'consistent with' the most recently published regional power plan, does that mean the plan from when the law passed, or whatever plan is current today?
The Fifth Power Plan, the one in place when voters passed Initiative 937 in 2006. But 'methodology' means analytical steps, not specific savings values, so utilities still have to update their…
If I just want to look at Arizona public records or photograph them with my phone, can the agency still charge me a copying fee?
No on both counts. Under A.R.S. § 39-121, a public body cannot charge a copying fee when a requesting party only wants to inspect records (even if the agency has to print or redact internally to…
Did a South Carolina school district have to insure a parent’s car like a school bus when it contracted for the parent to drive their child?
The Attorney General concluded in 2013 that the school-bus insurance rule did not extend to a parent’s personal vehicle merely because the district contracted with the parent to transport their own child.
What happens if a Tennessee hotel collects the Kingsport hotel/motel tax but does not remit it to the city?
The hotel operator faces civil liability under the 1981 private act and Title 67 of the Tennessee Code: 12% annual interest plus a 0.5% monthly penalty, levy and seizure procedures, padlocking of…
What fees can a Tennessee court clerk charge in a delinquent property tax lawsuit?
A $44 filing fee per parcel included in the lawsuit, a $100 fee for each parcel the court orders sold, and a 5% commission on any property taxes (plus penalties and interest) the clerk actually…
Can horses be slaughtered in Tennessee to sell horsemeat for people to eat?
No. Tennessee law required all horsemeat sold, offered for sale, or exposed for sale to be denatured with at least 2% charcoal or a similar inert substance, which renders it unfit for human…
Is the 10% Tennessee county clerk fee on late motor vehicle registration renewals mandatory?
No. The clerk's fee was permissive at the county clerk's discretion. It only applied at vehicle registration renewal time, only to motor vehicle registration fees the owner owed (on any vehicle),…
When can a parent see their child's Department of Children's Services file, and can DCS records be subpoenaed in court cases? Does it matter if the abuse claim turns out to be false?
A parent who is not the alleged abuser can get DCS records about their child upon written request, but the reporter's identity is not disclosed. State court discovery is allowed only through…
Can a Virginia gun owner put a machine gun in a trust to register it with state police?
No. The Uniform Machine Gun Act in Va. Code § 18.2-288 defines 'person' as 'firm, partnership, association or corporation.' Va. Code § 1-230 (the general definitions statute) includes 'trust' among…
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