State AG Opinions
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Could Arkansas certify a 2013 ballot title to repeal state cannabis prohibition when the amendment text listed only objectives?
No. The Arkansas Attorney General rejected the ballot title because the amendment text stated policy objectives but never actually repealed any law, while the title added a repeal that was not in…
Could Jefferson Parish pay its employees’ share of the parochial retirement contribution?
The AG concluded that Jefferson Parish could not directly pay the employee contribution to the parochial retirement system. It could increase employee salary by a matching amount, subject to…
Could Coushatta’s appointed police chief also work full-time as a public school teacher?
The AG concluded that Louisiana’s teacher exception allowed Coushatta’s full-time appointed police chief to also hold full-time school employment. It did not decide whether he could perform both…
Why did the Arkansas AG reject a 2013 ballot title to end state hemp and marijuana prohibition?
The Attorney General rejected the proposed ballot title because the amendment's federal-nullification theory, penalties for federal and state officials, and cannabis regulatory provisions were…
Who decided whether a workers’ compensation medical director had a conflict in a treatment dispute?
The AG concluded that the Director of the Office of Workers’ Compensation Administration had authority to make the final conflict-of-interest determination involving the medical director or…
Could annexed Timberlane residents vote on Jefferson Parish water and sewer millage renewals?
The AG concluded that Timberlane residents in the two named precincts could vote on renewals of Jefferson Parish water and sewer millages after the parish amended the districts’ boundaries. Existing…
Can a Virginia prosecutor make the defense disclose the factual basis for its motion to suppress evidence in district court?
Yes. Under Va. Code § 16.1-69.25:1, district court judges may direct the filing of a bill of particulars upon request of 'either party.' That means the Commonwealth's Attorney, just like the…
Did Arkansas Act 1231 apply to tax-delinquent land certified before the Act took effect but sold afterward?
Yes. The Attorney General concluded that Act 1231 applied to parcels that remained unsold when the Act took effect, even if they had already been certified or noticed. The changes were triggered by…
Could an Arkansas school district set a 20 percent minority-business contracting goal without using race to award contracts?
The Attorney General concluded that a stated participation goal, standing alone, was not clearly unlawful if the district did not consider race when awarding contracts. Any race-conscious…
Could a Louisiana museum keep and display a gravestone recovered after a cemetery was disturbed?
The AG concluded that a museum could possess and display a grave marker already separated from its grave without committing desecration, where the museum had not intentionally or criminally removed…
Could a South Carolina town contract with a nearby commercial farm for police protection outside town limits, even beyond three miles?
The AG said Pelion could contract to protect the farms described, because each had some property within three miles of town. Assuming the required jurisdiction agreements and area-description…
Can a West Virginia public agency sue the contractor for construction defects in a building completed in 1982 when the problems are only discovered in 2012?
No. The AG concluded that W. Va. Code § 55-2-6a, the ten-year statute of repose for tort and contribution claims arising from defective construction, foreclosed the Public Service Commission from…
Could Tangipahoa Water District auction its surplus vehicles through a private auctioneer?
The AG concluded that Tangipahoa Water District could sell surplus vehicles at public auction under La. R.S. 49:125 and use a qualified licensed auctioneer, with the sale publicly advertised and…
Did new Greater Lafourche Port Commission employees have to join the state retirement system?
The AG concluded that new and future Greater Lafourche Port Commission employees had to participate in the Louisiana State Employees’ Retirement System unless a particular employee qualified for a…
Could Ascension Parish use public money to repair a bridge on private property over a drainage canal?
The AG concluded that the parish or drainage district could spend public funds on a privately located bridge only when the work benefited the parish rather than primarily the landowner, and the…
Who may arrange cremation or burial when a Louisiana family refuses to claim a body, and who pays?
The AG said a coroner could arrange disposition of unclaimed remains; local government bore the cost for an indigent decedent, while a nonindigent decedent's estate bore it. Cremation required…
When can Texas juvenile case records be destroyed, on paper or permanently?
Brazoria County's district attorney asked the Attorney General to untangle Family Code section 58.0071, whose subsections seemed to conflict about when juvenile case records can be destroyed. The AG…
How long must a school trustee's spouse have worked to keep their job under Texas nepotism law?
A House committee chair asked the Attorney General three questions about the continuous-employment exception to Texas nepotism law, Government Code section 573.062, as it applies to a school…
Why did the Arkansas AG reject a 2013 submission to repeal the state marriage amendment?
The Attorney General rejected the submission because it did not include the actual constitutional-amendment text and did not clearly identify which language was the proposed ballot title. The…
Could an off-duty Louisiana police officer carry a firearm into a restaurant that served alcohol?
The AG concluded that the statutory firearm exception covered an on-duty officer entering an establishment that served alcohol, including for a meal, and an off-duty officer entering to perform…
Could a lender electronically record a South Carolina mortgage satisfaction after the original mortgage was lost without two witnesses and an ownership affidavit?
The AG said electronic recording did not remove the lost-original statute’s two-witness and affidavit requirements. It rejected the sample one-witness satisfaction, while concluding that an agreed…
Why did the Arkansas AG reject a ballot title for four-year terms for county officials?
The Attorney General rejected the submission because it lacked a proposed popular name, the ballot title did not identify the affected offices or say it was a constitutional amendment, and the…
Can one person hold both the City Administrator and Police Chief jobs in Algood, Tennessee?
No. Algood's ordinance requires the city administrator to devote full time to that office. The AG also found that the administrator's supervision of the police chief would likely create a statutory…
Did Louisiana’s interior design board have to record or broadcast all its public meetings?
The AG concluded that the unelected interior design board did not have to record or broadcast all public meeting proceedings under Act 363 because it lacked authority to levy a tax. It could choose…
Could an elected Jackson Parish school board member also serve on the watershed district board?
The AG concluded that Louisiana’s dual officeholding law allowed an elected Jackson Parish school board member to serve at the same time in a part-time appointed seat on the Jackson Parish Watershed…
Could a rehired Baton Rouge court reporter rejoin the clerks of court retirement system?
The AG concluded that the reporter’s clerks-of-court retirement membership ended when she left the court in 2000. On her 2004 rehire, she was correctly placed in the state employees’ retirement…
Did Rapides Primary Health Care Center have to open its board meetings to the public?
The AG concluded that the private Rapides Primary Health Care Center was not a public body required to comply with Louisiana's Open Meetings Law on the facts presented. Nonprofit status or public…
When could Franklin police test a locomotive engineer for alcohol or drugs after a crossing crash?
The AG concluded that federal railroad law generally preempted Louisiana post-accident toxicology testing where the federal regulation prohibited it, subject to the opinion's narrow criminal-law…
Could St. Charles Parish install three-way or four-way stop signs without an engineering study under the traffic-control manual?
Yes, for roads within its jurisdiction. The AG said the MUTCD's engineering-study and engineering-judgment statements were guidance, not mandatory prerequisites for a parish stop-sign ordinance.…
Did county IT staff violate HIPAA by maintaining a coroner’s system that let them view case files?
The AG said computer-system maintenance was not inherently a HIPAA violation if the work complied with HIPAA. It did not decide whether Richland County’s particular access arrangement complied and…
Did previously sold South Carolina subdivision lots regain the multiple-lot property-tax discount when a new LLC acquired them?
The AG concluded that neither of the two described transfers qualified for the discount. It read the statute as ending the initial lot discount when a lot was sold and noted that a separate older…
When a Tennessee judge issues an attachment for a parent over 30 days behind on child support, must the bond be cash only?
No. Tenn. Code Ann. § 36-5-101(f)(2) sets a bond of at least $250 and allows the court to set it up to the arrears, but it does not require a cash-only bond. The opinion does not decide whether a…
Can a Florida city commission meet privately with its attorney to discuss a binding arbitration if no lawsuit has been filed?
No. The AG concluded that the section 286.011(8) attorney-client 'shade' meeting exemption applies only to pending litigation before a court or administrative agency. Mandatory, binding arbitration…
Could a Maryland code county require new homeowners associations to be able to maintain common areas?
The Attorney General concluded that Charles County could adopt reasonable HOA bylaw measures and developer funding conditions to help new associations maintain common areas and facilities. Those…
Did the Arkansas AG certify the 2013 medical-marijuana initiative's ballot title for petition circulation?
Yes. The Attorney General found the proposed popular name and ballot title sufficient as submitted and issued the required instructions for canvassers and signers. The certification did not express…
Why did the Arkansas AG reject the 2013 medical-marijuana initiative's ballot title?
The Attorney General rejected the proposed ballot title because ambiguities and internal inconsistencies in the initiative text prevented him from writing an accurate and complete summary for…
Does Florida law require a voter referendum before a county hospital can be sold?
Section 155.40 does not itself require a referendum for sale of the Citrus County Hospital, absent a referendum requirement in its enabling legislation or other law. The statute generally calls for…
Can a Florida city pay a councilmember's legal fees for a lawsuit the member personally filed challenging a candidate's residency?
No. The AG concluded the city could not reimburse a councilmember's legal fees for individually prosecuting a suit challenging a candidate's qualifications. Public payment of an official's legal…
Could a South Carolina campus police officer use a personal unmarked car with blue lights for patrol?
The AG concluded that campus officers’ personal cars could not display blue lights under the cited rule and that campus police vehicles could not be unmarked. College-owned police vehicles could…
Could an Arkansas school district withhold the names of employees assigned to an armed emergency response team?
No. The Attorney General concluded that the list was a personnel record and that the employees had a serious privacy interest, but the public's interest in knowing who had been assigned unusual…
Could an Arkansas ATV be driven generally on public roads after adding automobile safety equipment?
No, not automatically. The Attorney General concluded that an ATV could remain subject to Arkansas's street and highway restrictions even after adding automobile safety equipment, although a…
Must an Arkansas county competitively bid a construction management services contract?
No. The Attorney General concluded that counties were required to procure construction management professional services through qualifications and negotiation, not competitive bidding. The…
Did a 2004 pardon require South Carolina to remove an offender’s existing information from the sex-offender registry?
The AG concluded that the 2004 pardon ended the person’s duty to register again, but did not require removal of information already on the registry. The opinion distinguished relief from continuing…
Can a Virginia school board ban its employees from keeping guns in their locked cars on school property?
Yes. Va. Code § 15.2-915 prohibits 'localities' (counties, cities, towns) from adopting workplace rules that prevent employees from storing a lawfully possessed firearm and ammunition in a locked…
Is Planned Parenthood's Virginia Beach facility exempt from local real and personal property taxes as a charitable hospital?
Conditionally yes. Planned Parenthood of Southeastern Virginia is licensed as both an outpatient surgical hospital and an abortion facility, both of which are 'hospitals' under Va. Code § 32.1-123.…
Can a Virginia county pay to fix up a private subdivision road so VDOT will adopt it, even though a covenant on the property bans using public funds on the road?
Section 33.1-72.1 provides the requirements and funding options for upgrading a road for acceptance into the secondary system. Whether a restrictive covenant prohibiting public-fund use blocks the…
Can a Virginia county walk away from a deteriorating bridge it owns by abandoning it and selling the property to a private party, including paying the buyer to take it?
Yes. A Virginia county may abandon a bridge that's neither in the State Highway System nor the secondary system if the bridge is no longer necessary or abandonment serves the public interest. On…
Can the Virginia Department of Health authorize doctors to prescribe antibiotics for the partners of patients with chlamydia or gonorrhea without seeing the partners first?
Yes, but only within strict statutory limits. Va. Code § 54.1-3303(C) lets a practitioner who has treated a diagnosed patient prescribe certain medicine to a close contact (such as a sex partner)…
Could an Arkansas school district become a private guard company and arm teachers as commissioned security officers?
No. The Arkansas AG concluded that a public school district could not be licensed as a private guard company or treat its teachers and other employees as commissioned private security officers.
Could Little Rock release an employee's name and job information despite claimed safety and financial risks?
Yes. The Arkansas AG concluded that Little Rock could release the employee's name with his job information because the objection did not supply a legally sufficient reason to override the disclosure rule.
Can a Tennessee regional planning commission force homebuilders to install sprinklers in subdivisions where fire hydrants can't reach within 1,000 feet?
Yes, but only with a separately considered ordinance or resolution adopted by a 2/3 vote with the statutory readings procedure under Tenn. Code Ann. § 68-120-101(a)(8)(B)(i). The…
When are Florida law enforcement officers exempt from paying tolls, and will the AG interpret that exemption?
The AG declined to interpret the toll exemption in section 338.155. Because that statute is administered by FDOT and local transportation and expressway authorities that were not part of the…
Could Little Rock withhold a public employee's name because publication might lead to harassment?
No. The Arkansas AG concluded that the employee's name could be released because the FOIA had no general harassment or increased-risk-of-harm exception for public employee names.
When a South Carolina tax deed was set aside for defective notice, did the county owe the purchaser interest and a refund of property taxes?
The AG treated the court’s setting aside of the tax deed as a redemption requiring the county to refund the purchase price with interest. It also concluded the purchaser could recover ad valorem…
Could a South Carolina resident with a vested remainder interest get the four-percent home assessment while others held life estates?
The AG predicted the occupant would qualify for the four-percent legal-residence assessment under the facts described, despite others holding life estates. It reasoned that the resident could be…
Can a Tennessee Department of Health nurse teaching family-life class be personally sued under § 49-6-1306 if she mentions contraception?
Family life educators must follow Tenn. Code Ann. §§ 49-6-1301 to -1307, including the bar on promoting 'gateway sexual activity' and the limited contraception-information rules. State Department of…
Does Tennessee's service-dog law for restaurants and stores still hold up after the 2013 update, or does the federal ADA preempt it?
Tenn. Code Ann. § 62-7-112, as amended in 2013, is consistent with the ADA's service-animal regulations (28 C.F.R. § 36.302(c)) and is not preempted. The statute now mirrors the federal rules: no…
Could a Kentucky school district deduct membership dues unless an employee opted out?
The Kentucky AG concluded in 2013 that a school board could use a reverse dues checkoff requested by a group of employees, provided affected employees had a clear, knowing, voluntary opportunity to…
Did a Kentucky county detective have arrest powers in a county without a consolidated local government?
The Kentucky AG concluded in 2013 that the county-detective job alone did not confer arrest powers in such a county. An off-duty police officer hired as a detective retained police arrest authority…
Could a South Carolina legislator also work as director of airports for a county aviation authority?
The AG predicted the airport director job was employment rather than a second public office, so the constitutional dual-office rule likely did not bar a legislator from holding it. The opinion…
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