State AG Opinions
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Was South Carolina’s county option to tax new buildings earlier unconstitutional in 2010?
The Attorney General said a court could find the county-by-county option unconstitutional under the statewide tax uniformity requirement. It stressed that only a court could strike the statute down,…
Can a Tennessee juvenile court judge release a delinquent child the court committed to the Department of Children's Services and placed in a youth development center?
The AG concluded yes. Tenn. Code Ann. § 37-1-139(b), as amended effective July 1, 2007, allowed a juvenile court to change, modify, or vacate an order committing a delinquent child to the Department…
Can a Tennessee county appropriate funds to a high school marching band, civic club, or community athletic team?
Yes, if the group qualifies as a nonprofit charitable or civic organization under Tenn. Code Ann. § 5-9-109(a)(2). Charitable orgs need only show no private benefit and a county-wide public benefit.…
South Dakota's 2009 SB 119 lets townships, counties, and the state transfer highway rights-of-way to Indian tribes or the Bureau of Indian Affairs. In Flandreau Township, a section-line road runs through tribal lands of the Flandreau Santee Sioux Tribe. Can the township use SB 119 to give the right-of-way to the tribe or BIA so they'll pave it? What does the transfer agreement need to say? What happens to speed-limit enforcement, criminal jurisdiction, and the township's liability after the transfer? Is there a smarter alternative?
Yes, SB 119 authorizes the transfer, including section-line rights-of-way, to either a federally recognized tribe or the BIA. But the AG flagged so many open jurisdictional, regulatory, and…
Was a federal Smart Grid grant to a Maryland public utility subject to State corporate income tax?
The Attorney General concluded that a Maryland public utility's federal Smart Grid Investment Matching Grant would be included in taxable corporate income and subject to Maryland income tax in the…
Could Maryland recognize a same-sex marriage legally performed in another state or country in 2010?
The Attorney General concluded in 2010 that Maryland could recognize a same-sex marriage valid where celebrated, with the result depending on the context and applicable law. A governor could not…
Can a Tennessee general sessions judge expunge old dismissed or retired charges, and is there a deadline?
Yes for dismissed charges, with no time limit. A Tennessee general sessions or municipal court can expunge a defendant's records on a dismissed charge years after disposition. But charges that were…
Are Tennessee city red-light camera tickets enforceable, and do they violate the right to confrontation or the privilege against self-incrimination?
The AG concluded that Tennessee municipal red-light camera ordinances were not preempted because Tenn. Code Ann. § 55-8-198 expressly authorized owner liability for camera-detected violations.…
Could a California city pay council members a car allowance instead of reimbursing receipts?
The California Attorney General concluded in 2010 that a city could use a vehicle allowance for council members when travel expenses were otherwise authorized. The later reimbursement rules did not…
Did a former correctional officer qualify for South Carolina retired-officer concealed-carry credentials?
The Attorney General declined to decide the individual’s eligibility because his retirement and certification status were disputed facts. It quoted the statutory standards and said the Department of…
Who appoints the members of a Tennessee county's adult-oriented establishment board, and what happens if the wrong people were appointed?
Only the county mayor (not the county commission) can appoint members to a county adult-oriented establishment board, and the term is four years. If the commission appointed members, the district…
Can two adult-oriented businesses operate in the same Tennessee building if they have separate entrances, addresses, meters, and licenses?
No. Tenn. Code Ann. § 7-51-1104(b) prohibits more than one adult-oriented establishment in the same building, premises, structure, or facility, regardless of whether the businesses have separate…
Can a Texas sheriff accept an administrative fee from the private company that runs the county jail?
No. The Attorney General concluded that neither the Texas Constitution nor Texas statutes authorize the person holding the office of county sheriff to accept an administrative fee paid by a private…
Could Idaho voters pass a 2010 initiative banning state and federal greenhouse gas regulation inside Idaho?
The AG flagged three legal defects: the initiative conflicted with Governor Otter's Executive Order 2007-05 directing GHG reduction, conflicted with Idaho's Title V Clean Air Act permitting…
Could a 2010 Idaho ballot initiative withhold federal income tax revenue from the federal government?
The AG concluded the initiative would likely be struck down. The 16th Amendment gives Congress the power to lay and collect income taxes without apportionment among the states. No state law can…
Could Idaho voters pass a 2010 ballot initiative letting county sheriffs block IRS enforcement of federal income tax laws?
The AG said the initiative likely violated the Supremacy Clause by trying to block federal income tax enforcement. He separately said its criminal provisions might be unconstitutionally vague…
Could Idaho voters pass a 2010 ballot initiative letting jurors ignore judicial precedent and decide both the law and the facts in every case?
The AG said the initiative might infringe judicial power under Idaho Const. art. V, § 13 and might violate the Supremacy Clause where it encouraged jurors to disregard federal law or precedent. He…
Could Idaho voters pass a 2010 initiative to nullify federal health insurance laws within the state?
The AG concluded the proposed Idaho Health Insurer Protection Act was likely unconstitutional. A state cannot declare federal laws null and void inside its borders. That power belongs to the federal…
When does a tenant-commissioner on a Florida housing authority lose their seat for falling behind on rent?
The AG concluded that under section 421.05(1), Florida Statutes, a tenant-commissioner who is no longer 'current in rent' creates a vacancy in office, and a qualified replacement must be appointed…
Can Tennessee require traffic-camera vendors contracting with the state to agree in advance to incorporate any future statutory changes?
Yes, in principle. The General Assembly can require a vendor of traffic-camera goods or services contracting with the state or a local government to agree that any future amendments to Tenn. Code…
Can a Texas licensing agency require full information and investigate before issuing a criminal history evaluation letter?
Yes to both questions. A 2009 law (subchapter D of chapter 53 of the Occupations Code) lets a would-be applicant ask a licensing authority, before spending time and money on training, whether a past…
Could a 2010 Idaho ballot initiative bar all forced vaccination, criminalize coercion, and authorize lethal self-defense against vaccinators?
The AG flagged numerous conflicts: with Idaho minor consent statutes (§§ 39-3801, 39-4302), with the federal vaccine definition in 42 U.S.C. § 1396s, with Idaho's existing self-defense doctrine (the…
Could a 2010 Idaho initiative require presidential candidates to file birth certificates with the Idaho Secretary of State to qualify for the ballot?
The AG concluded the initiative would be unconstitutional. States cannot add qualifications for federal officers beyond what the U.S. Constitution specifies. Powell v. McCormack and the Supremacy…
Could a 2010 Idaho ballot initiative bar federal deployment of the Idaho National Guard outside U.S. borders?
The AG concluded the initiative was unconstitutional. The U.S. Constitution's Militia Clauses and federal statute give Congress authority to call National Guard units to active federal duty. The…
Could a 2010 Idaho ballot initiative bar federal enforcement of health insurance mandates within Idaho?
The AG flagged the initiative's drafting ambiguities, the 'indirect effect' nullification clauses that left scope indefinable, signature-collection violations under § 34-1804, and noted that…
What concerns did Idaho's AG raise about a 2010 property-rights initiative with a 120% payment rule?
The AG called the 120% payment provision permissible but warned it would likely increase government costs. He separately warned that the petition could not eliminate local police powers, that some…
Could a 2010 Idaho initiative bar Idaho from participating in the federal National Animal Identification System?
The AG flagged that the initiative was drafted with 'Missouri' substituted for 'Idaho' at three points (a copy-paste from another state's measure), would impair pre-existing federal-state…
Could a 2010 Idaho ballot initiative bar local governments from joining ICLEI or U.N. bodies?
The AG noted the proposed prohibition on local government membership in ICLEI or U.N. bodies was permissible as a public-funds limitation, but flagged that removing AG prosecutorial discretion…
Could a 2010 Idaho initiative make midwifery licensure voluntary by removing the criminal penalty for unlicensed practice?
The AG noted a citation error (the petitioners cited § 54-5406 instead of the correct § 54-5506) and explained that eliminating the penalty for unlicensed practice would change Idaho's midwifery…
When must a Florida agency release social security numbers to a commercial company that asks for them?
The AG concluded the two statutory subsections on releasing agency-held social security numbers do not conflict and must be read together: an agency may not deny a qualifying commercial entity that…
Does a Florida county need a supermajority vote to buy waterfront land over $500,000 through a state grant program?
Yes, to the extent the county must vote to approve the purchase. Under section 125.355, Florida Statutes, when a county buys real property for more than $500,000 and the agreed price exceeds the…
Can a Florida school board close a meeting to the public when it will discuss confidential student records?
No. The AG concluded that section 1002.22(2)(d), Florida Statutes, does not create an exemption to the Government in the Sunshine Law. A school board meeting to consider a discrimination complaint…
Did South Carolina’s 2007 act set Sumter school district boundaries for taxes, attendance, and elections?
The Attorney General concluded that Act No. 155 of 2007 defined the lines of Sumter County School Districts 2 and 17 for tax, attendance, and election purposes at the time. It qualified the…
Can a Virginia Commonwealth's attorney represent a toll road operator chasing drivers for unpaid tolls?
No. A Virginia Commonwealth's attorney had no authority to represent a toll facility operator in unpaid-toll actions under § 46.2-819.1 or § 46.2-819.3. The General Assembly knows how to grant…
Could Idaho voters create a state-run electronic currency and 'private market exchange' through a 2010 ballot initiative?
The AG said a court would likely strike down the proposed state-controlled currency as an attempt to give Idaho a federal monetary power. Electronic cards and a state-controlled exchange would not…
Does Maine's Freedom of Access Act require legislative party caucuses to meet in public?
The AG's office had not issued a formal opinion on the question. Chief Deputy AG Linda Pistner clarified to the Judiciary Committee that the FOAA's public-proceedings provisions cover 'the…
Can the Idaho Legislature require an elected sheriff to be POST certified before or shortly after taking office?
Yes. The AG concluded the Idaho Constitution does not bar the Legislature from imposing additional qualifications on sheriffs, including a requirement that they hold Police Officer Standards and…
What did the Idaho AG say about the 2010 'Idaho Right to Protection Act' ballot initiative on self-defense, gun tracking, and home privacy?
The AG concluded the proposed initiative had no clear legal goal: it would be placed in the criminal code but defined no crime and set no punishment, its self-defense language redundantly tracked…
Could an Idaho ballot initiative declare federal statutes unenforceable in Idaho if they don't cite a specific enumerated power of Congress?
No. The AG concluded the proposed nullification initiative was clearly unconstitutional. The Supremacy Clause makes federal law binding on state judges, and the authority to declare federal laws…
Could an Idaho ballot initiative exempt Idaho-made firearms, accessories, and ammunition from federal regulation?
No. The AG concluded the proposed Idaho Firearms Freedom Act was clearly unconstitutional. Federal regulation of firearms reaches intrastate manufacture under the Commerce Clause, the Supremacy…
Can a Texas water authority use the Tax Code's effective-rate and rollback procedures to set its tax rate?
No. The Attorney General concluded that under section 49.107(g) of the Water Code, the South Texas Water Authority (STWA) is prohibited from using the procedures in sections 26.04, 26.05, and 26.07…
Were volunteer members of Connecticut's Revenue Services emergency team personally liable when giving medical aid?
Generally no, on the facts presented. The AG concluded that volunteer emergency-team members appeared to act within the scope of state employment and therefore had immunity, indemnification, and…
Could an Idaho ballot initiative require federal officers to obtain the county sheriff's written permission before making any arrest, search, or seizure in Idaho?
No. The AG concluded the initiative was clearly unconstitutional under the Supremacy Clause: a state cannot condition federal law-enforcement activity on a county sheriff's permission, criminalize…
When a Washington county is in a budget pinch and a superior court judge resigns, can the county council just delete the position to save money?
No. The Washington Constitution gives the legislature, not the county, the power to set the number of superior court judges. A county that wants to reduce judgeships has to convince the legislature…
Is a county hospital district's behavioral health unit a 'private facility' for mental health filing fees?
No, most likely. The Attorney General concluded that a court would probably hold that the Behavioral Health Unit of the Titus Regional Medical Center, which is operated by the Titus County Hospital…
Could Idaho exempt in-state nutritional and therapeutic products from federal regulation through the Health Supplements and Therapeutics Protection Act ballot initiative?
No. The AG concluded the proposed initiative would conflict with the federal Food, Drug, and Cosmetic Act and other federal drug statutes, would be preempted under the Supremacy Clause, and that…
Could Richland County enforce tree-preservation zoning during forestland development?
The Attorney General concluded that the county’s reviewed land development provisions did not regulate forestry activities as the 2009 state law used that term. It also said that even if they did,…
Was Tennessee AG Opinion 10-013 withdrawn, and what does that mean for anyone relying on it?
The official one-page PDF dated February 2, 2010, states only that Opinion 10-013 has been withdrawn. It gives no legal question, analysis, answer, or reason for the withdrawal.
Did a Connecticut attorney general candidate need ten years of actual law practice, or only active bar membership?
The AG concluded that the ten-year active-practice qualification was likely constitutional and required more than keeping a bar license active. Which work counted as active practice, and whether a…
Can a Virginia school board hire its own lawyer instead of relying on the city attorney?
Yes. Section 22.1-82(A) of the Virginia Code, which uses 'notwithstanding any other provision of law' language, lets a Virginia school board hire its own counsel even where a city charter (like…
Can Virginia enforce its ban on hiring unauthorized aliens by getting a court injunction against the employer?
Federal IRCA expressly preempts state civil or criminal sanctions for employing unauthorized aliens, except for licensing-and-similar laws. A Virginia injunction against an employer is a civil…
How far did Colorado's 2008 insurance bad-faith law (HB 08-1407) reach: did it apply to ERISA-preempted self-funded plans, to out-of-state master policies covering Coloradans, to pre-effective-date policies, and did it strip insurers of authority to make ordinary coverage decisions?
Mostly narrow. The AG concluded that HB 08-1407's penalty provisions did not reach self-funded ERISA plans, did not reach out-of-state master policies (except for the limited mammography…
Can a group of Washington state employees run a charity raffle and send the proceeds directly to a needy coworker, family, or friend, or must the money flow through a charitable organization?
It must flow through a charitable or benevolent entity. RCW 9.46.0209 lets state employees run charity raffles, but the proceeds cannot go directly to a 'person or family in need' the employees…
Could a South Carolina private security guard direct traffic on a public road miles from the assigned site?
The Attorney General said no. The guard’s statutory authority was limited to the property he was hired to protect, so it did not extend to directing traffic on a public roadway regardless of…
Can Tennessee cities charge for building permits when the construction is on land used for agriculture?
Yes. The statute that limits city authority over agricultural land (Tenn. Code Ann. § 6-54-126) only prevents cities from interfering with the use of that land for agricultural purposes. It does not…
Can Tennessee constitutionally ban session-time fundraising by sitting legislators while leaving non-incumbent challengers free to raise money?
Yes. Tennessee's prohibition on legislative-session fundraising applies only to incumbents because federal courts struck the broader version, and the AG considers the incumbent-only version narrowly…
When could California require extra insurance for an unusually heavy truck load?
The California Attorney General concluded in 2010 that extra coverage under the cited permit rule could be required when a load exceeded ordinary size or weight limits and posed a substantial risk…
Was Union’s broad loitering ordinance vulnerable to a constitutional vagueness challenge?
The Attorney General predicted that a court would find Union’s loitering ordinance vulnerable to vagueness and overbreadth challenges because it did not clearly define forbidden conduct or…
Is Tennessee's law banning fireworks sales in big counties constitutional, and would a local-option fireworks bill survive challenge?
Yes on both counts. The current ban on fireworks sales in counties with more than 200,000 people survives rational-basis review, just as the Tennessee Supreme Court held in 1984 for a Knox County…
Did service only as a South Carolina reserve police officer meet the certified-officer requirement for sheriff?
The Attorney General said no. Reserve-officer training and service were distinct from regular law-enforcement certification, so reserve experience alone did not satisfy the certified-officer…
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