State AG Opinions
Free state attorney general opinions with plain-English summaries, full citations, and the original source on every page.
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Can a single Arizona Corporation Commissioner demand that a regulated utility hand over records of its political contributions, lobbying spend, and corporate structure, including for affiliates?
An individual Commissioner may inspect a public service corporation's books, papers, and documents under § 40-241, including records of political and charitable contributions and lobbying. Affiliates …
Can a senior get a Texas property tax deferral on a home that's also used for business?
The AG concluded that section 33.06 of the Tax Code lets a qualifying owner (age 65 or older, or disabled) defer property taxes on a residence homestead, and that an appraisal district may grant the d…
Can a Texas licensing board accept a voluntary surrender of a professional license?
The AG concluded that a court would likely find the Texas Board of Professional Geoscientists has implied authority under chapter 1002 of the Occupations Code to accept a licensee's unilateral, volunt…
Can a Texas county auditor audit a sheriff's accounts, including bail bond, commissary, and forfeiture funds?
The AG concluded that even though a Texas county sheriff may keep some money (cash bail bonds from cases not yet filed, inmates' personal funds, and prepaid phone-card revenue) outside the county trea…
Can Texas route federal RESTORE Act Gulf oil spill money through the state appropriations process and treasury?
The AG concluded that a 2015 Texas budget rider requiring RESTORE Act funds (the Gulf Coast restoration money from Deepwater Horizon spill penalties) to be deposited in the State Treasury and run thro…
Why did the Arkansas AG reject both the popular name and the ballot title for a lobbyist-gifts and campaign-finance amendment?
AG Rutledge rejected the popular name as misleading in several respects and rejected the ballot title for failure to sufficiently inform voters about the proposed changes to current campaign-finance a…
Did the Arkansas AG certify a 2016 ballot title legalizing recreational and medical marijuana plus industrial hemp?
AG Rutledge certified the popular name as submitted and substituted a corrected ballot title for sponsor Mary L. Berry's 2016 initiated constitutional amendment that would have regulated industrial he…
How many design-build highway contracts can TxDOT sign, and what's the minimum project cost?
The AG concluded that under section 223.242 of the Transportation Code, the Texas Department of Transportation may enter into a design-build contract for a highway project with a construction cost est…
Can a Texas county use license-plate cameras to catch and fine uninsured drivers?
The AG concluded that a court is likely to find Texas counties have no authority to use an automated photographic system, like the license-plate-reader 'insurance enforcement' setup a vendor pitched t…
Can a New York county let voters fill out their voter registration application online and sign it electronically, instead of using a paper form and pen-and-ink signature?
Yes, with limits. AG Schneiderman's office concluded that the Election Law does not require a wet-ink signature, so a registrant can sign electronically. But the electronic signature must look like a …
Can an Arkansas state employee request that their personal information be excluded from the redacted job application that the custodian plans to release under FOIA?
The standard redactions already handle most personal information. The AG concluded that a public employee's job application is a 'public record' under A.C.A. § 25-19-103(5)(A), that the personnel-reco…
Is an Arkansas state employee's job application a public record that must be released as redacted under the FOIA when the employee asks for review?
Yes. The AG concluded that a public employee's job application is a 'public record' under A.C.A. § 25-19-103(5)(A) and that the applicable exception is the 'personnel records' exception under § 25-19-…
Can an Arkansas state employee block a FOIA request for their job application and resume, including the names and addresses of their previous employers?
No. The AG concluded that a public employee's job application and accompanying resume are 'personnel records' under the FOIA, and a release that has been properly redacted does not amount to a 'clearl…
Can a city release a redacted record of disciplinary-interview conversations about a city supervisor who received a three-day suspension, over the supervisor's objection that witnesses will be identified?
Yes. The AG concluded that the interview-conversation record was an employee-evaluation record under *Thomas v. Hall*'s three-part test. With the supervisor suspended, the proceeding final, and the re…
Did the Arkansas Attorney General certify the 2016 proposed constitutional amendment limiting medical-malpractice attorney contingency fees and non-economic damages?
Yes, with one modification. The AG concluded that the ballot title fairly summarized the proposal but that the submitted popular name ('The Lawsuit Reform Amendment of 2016: An Amendment to Limit Atto…
Can Virginia legally use compounded drugs from a confidential pharmacy to carry out lethal-injection executions?
The AG concluded that the FDCA and CSA do not bar Virginia from procuring compounded drugs for lethal injection, that the proposed confidentiality protections did not violate federal rights, that the …
When can Oregon governing bodies exclude reporters from executive sessions of public meetings, and what counts as a 'representative of the news media'?
Reporters affiliated with institutional news media (paid or contract employees, agents, including bloggers writing for established outlets) cannot be excluded from executive sessions except in the nar…
Could Damascus city council members be personally sued if they spent city funds the way state law required them to, but the state law later turned out to be unconstitutional?
No. The AG concluded that following a duly enacted state statute is an authorized purpose under ORS 294.100, and that doing so cannot be malfeasance or willful neglect of duty. Public officials are no…
Could authorizing daily fantasy sports contests in Connecticut blow up the slot-machine revenue-sharing deals with the Mashantucket Pequot and Mohegan tribes?
Possibly. The AG concluded there is a substantial risk that legislation authorizing daily fantasy sports contests could jeopardize Connecticut's slot revenue-sharing arrangements with the Mashantucket…
Are Washington optometrists allowed to use a corneal burr (a small drill used to remove rust rings from the eye)?
It depends on what the burr does in a specific use. The AG concluded that if a corneal burr removes or penetrates eye tissue to treat disease or enhance cosmetic appearance, that is ophthalmic surgery…
Are Washington physical therapists allowed to perform 'dry needling' (insertion of solid filiform needles into trigger points to treat pain and movement impairments)?
No. The AG concluded that dry needling did not fall within the statutory scope of physical therapy practice in RCW 18.74. The opinion did not take a policy position on whether dry needling should be a…
Can a Virginia school board ban speakers at public meetings from criticizing teachers or principals by name?
No. AG Herring concluded that Franklin City School Board rules forbidding speakers from discussing 'personnel concerns,' naming specific school employees, or making 'personal attacks' violate the Firs…
What are the powers and limits of an Arkansas Suburban Improvement District: can property owners prepay their assessment, is the district subject to FOIA, can it waive assessments or rezone lots, and who collects delinquent payments?
The AG concluded that suburban improvement districts are 'agents of the state' subject to the Arkansas FOIA, including for documents like voter lists kept for district elections. SIDs cannot waive an …
Can an Arkansas employment background-check company use a FOIA request to get a person's district court records, or can the clerk refuse under Supreme Court Administrative Order 19?
The AG concluded that Administrative Order 19 controls these requests because the order's definitions cover court records of specific individuals. Whether the clerk can refuse turns on Section VI of t…
If an Arkansas quorum court creates an ambulance service district under Ark. Code Ann. § 14-282-102(e) but the ordinance does not specify how the district will be funded, can voters approve the ordinance anyway?
No. The AG concluded that § 14-282-102(e)(1)(A) requires the ordinance to set forth the method of taxation, either assessment of residents or millage on property in the district. Without that statutor…
Why did the Arkansas Attorney General reject the 2016 proposed constitutional amendment on lobbyist gifts, political action committees, independent expenditures, and campaign contribution limits?
The AG rejected the popular name and ballot title on two grounds. First, the title failed to summarize several substantive sections, especially the new article 19, section 32 defining 'covered transfe…
Why did the Arkansas Attorney General reject the 2016 proposed 'Arkansas Cannabis Restoration Amendment' ballot title?
The AG rejected the proposed ballot title because the text of the underlying amendment contained too many ambiguities for a fair summary to be drafted. Specific defects included: stating that certain …
Would Tennessee's HB 2414, requiring students to use restrooms matching the sex on their birth certificate, put schools' Title IX funding at risk?
Yes. The AG warned that under the U.S. Department of Education's then-current interpretation of Title IX, requiring a transgender student to use a restroom inconsistent with gender identity is sex dis…
Why did the Arkansas Attorney General reject Mary L. Berry's revised April 2016 Arkansas Cannabis Amendment?
The AG rejected the popular name and ballot title because the revised proposal kept some old ambiguities and introduced new ones. Section 2's 'shall be lawful' language for cannabis activities was sti…
Can a police department charge me for the time it takes to review its policy manual for safety-sensitive information before releasing it under a records request?
Yes, according to this opinion, as long as the fee reflects a safety-focused review rather than a legal review of FOIA exemptions, which the statute bars from being charged. The City of New Castle cou…
Would Virginia's proposed Growth and Opportunity Board, with legislators in the majority and a legislator veto, violate the state constitution?
The AG identified two significant constitutional risks in House Bill 834. The Growth and Opportunity Board's composition gave legislators and their appointees majority control over an executive-branch…
Is a county solid waste authority a 'state agency' that has to follow state purchasing rules and other state-government procedures?
Not a single yes-or-no. The AG declined to declare county solid waste authorities 'state agencies' for all purposes because the Legislature defines that term differently in different statutes. On the …
Can a Tennessee city dissolve, by ordinance, an airport authority it created under the Airport Authorities Act, and can the General Assembly fix the gap by private act?
The AG concluded a municipality lacks both express and implied power to dissolve an airport authority created under the Airport Authorities Act, except in the narrow circumstance covered by Tenn. Code…
Are paid fantasy sports contests with cash prizes illegal gambling under Tennessee law?
Yes. The AG concluded that fantasy sports contests fall within Tennessee's broad statutory definition of 'gambling' because participants risk an entry fee for a profit whose return is to some degree c…
Can Florida take over federal NEPA review for state highway projects from the U.S. DOT?
Yes. The AG certified to the U.S. Federal Highway Administration that Florida law (section 334.044(34), Florida Statutes, created by Ch. 16-181, Laws of Florida) authorizes the Florida Department of T…
Did the Arkansas Attorney General certify the 2016 proposed constitutional amendment capping non-economic and punitive damages in medical malpractice cases?
Yes, with one substitution. The AG concluded that the proposed ballot title was an adequate summary but that the submitted popular name was partisan and would be challenged on that basis. The AG subst…
When does the Arkansas 25 mph school zone speed limit apply? Does it apply during ball games or other school events outside instructional time?
The 25 mph school zone speed limit under Ark. Code Ann. § 27-51-212(a) applies only when all three conditions are simultaneously met: during school hours, when children are present, and when the child…
Could the Illinois State Board of Education stop Chicago Public Schools from taking on a line of credit or other debt in 2016?
No. AG Lisa Madigan concluded that section 1A-8 of the School Code does not require Chicago Public Schools to submit a financial plan, and the State Board therefore lacks the authority to prevent the …
Can a Florida city pass a drone ordinance banning private surveillance that invades residents' privacy?
Yes. The AG opinion concluded that section 934.50, Florida Statutes (the Freedom from Unwarranted Surveillance Act), does not expressly preempt municipal regulation of drones, so a city like Aventura …
Does a Washington city or county create 'debt' under the constitutional or statutory debt limits when it enters a performance-based energy contract that includes a lease-purchase agreement with a non-appropriation clause?
Probably not for the constitutional debt limit, but probably yes for the statutory debt limit. The AG concluded a non-appropriation lease likely does not create constitutional debt under Department of…
Does Tennessee's $60,000 income cap for disabled-veteran property tax relief illegally tax federally exempt veterans' benefits when it counts those benefits as income?
No. The AG concluded that using VA benefits as part of the income calculation for property-tax-relief eligibility does not tax the benefits, so it does not conflict with 38 U.S.C. § 5301(a)(1)'s prohi…
Would adding 'as the elected representatives of the people' to Tennessee's public schools clause free the General Assembly from equal protection limits on how it funds schools?
No. The AG concluded HJR 493's added language was redundant of what the constitution already says, and even if it changed the public schools clause's meaning, the equal protection guarantees in articl…
Can a Maumelle city alderman get FOIA copies of police and fire department employee timesheets, including hours worked and leave taken, for a one-week period?
Yes. The AG concluded that the custodian's decision to release the requested timesheets was consistent with the FOIA. Attendance and leave records are 'personnel records' under § 25-19-105(b)(12), and…
Does a Texas county have to maintain the sidewalks in a right-of-way it accepted?
The AG concluded that a county road can include the sidewalks within the road's right-of-way, so a county's duty to maintain a road it has accepted can extend to those sidewalks. But whether this part…
Does a Texas heirship case always require notice by newspaper publication to unknown heirs?
The AG concluded that a court would likely read section 202.052 of the Estates Code to require citation by publication in every proceeding to determine heirship, so that unknown heirs are notified by …
Does a Texas truancy expunction order cover juvenile probation department records too?
The AG concluded that an expunction order under article 45.0541 of the Code of Criminal Procedure, which lets people clear records of the now-repealed 'failure to attend school' (truancy) offense, wou…
Can Arizona DCS investigators interview a child without first getting parental consent when they're investigating a neglect report, even though the statute says 'abuse or abandonment investigation'?
Yes. Despite the statutory text using 'abuse or abandonment investigation,' the cross-references and statutory context show the legislature intended the exception to apply to all statutorily authorize…
Can a private landowner who donates a conservation easement to Arizona qualify for the federal tax deduction, given that A.R.S. § 38-511 lets the State cancel any state contract within three years?
A.R.S. § 38-511 doesn't apply to a private landowner's gratuitous conservation easement donation. Without consideration flowing back to the donor, there's no contract within the meaning of the statute…
Why did the Arkansas Attorney General reject Don Lane's revised March 2016 Cannabis Restoration Amendment?
The AG rejected the popular name and ballot title because the proposal's text retained or created multiple ambiguities the AG could not draft around. Section 2's 'shall be lawful' language conflicted …
When the president of a county planning commission successfully defends an ethics complaint, can or must the county commission reimburse her legal fees under W. Va. Code § 11-8-31a?
She is the kind of 'official' covered by the statute, and the county commission has discretion to reimburse, but reimbursement is not automatic. The county commission must apply the three-part Powers …
Can a city department in Arkansas legally post Bible verses on its official Facebook page, and how does the U.S. Supreme Court's Establishment Clause case law apply?
The AG concluded that all four Jonesboro 911 Dispatch Facebook posts at issue would survive under the coercion test, which the AG argued is the proper test under the Establishment Clause's original me…
Why did the Arkansas Attorney General reject David Couch's 2016 proposed 'On Premise Local Option Election Alcohol Act'?
The AG rejected the ballot title because the proposal still had ambiguities the AG could not draft around. The proposed act would let the ABC Director issue permits for festivals, hotels, restaurants,…
Can I file a FOIA complaint against a city before its deadline to respond to my records request has even passed?
No, according to this opinion. A property owner petitioned before the City of Rehoboth Beach's 15-business-day response window had run, and the AG found that piece premature. On the merits of what he …
Does a letter to a city count as a public records request even if it doesn't mention FOIA by name?
Yes, according to this opinion. A resident's letter asking about property assessment figures met FOIA's requirements even though it didn't invoke FOIA by name, so the City of Rehoboth Beach committed …
Why did the Arkansas Attorney General reject the 2016 'Arkansas Cannabis Amendment' submitted by Mary L. Berry?
The AG rejected the ballot title because the proposal's text contained ambiguities the AG could not draft around. Section 3's expansive 'marijuana paraphernalia' definition (which included anything us…
Can a Texas city, county, or school district cut its local homestead exemption before 2019?
The AG concluded that Tax Code subsection 11.13(n-1), added by Senate Bill 1 in 2015, bars a school district, municipality, or county from repealing or reducing its local option homestead exemption be…
Is the Texas law requiring courts to appoint ad litem attorneys from a rotation list constitutional?
The AG concluded that a court is unlikely to find Senate Bill 1876 unconstitutional. The 2015 law requires a court using a rotation system to appoint the first qualified person on its list when it nee…
Does Texas's E-Verify law (SB 374) replace Governor Perry's Executive Order RP-80?
The AG concluded that section 673.002 of the Government Code, added by Senate Bill 374 in 2015, supersedes Executive Order RP-80 on the requirement that all state agencies verify the employment eligib…
Do the companies that run red-light and speed cameras for Arizona cities have to be licensed as private investigators?
Yes. A company that operates red-light or speed cameras for an Arizona city is securing evidence for civil or criminal cases, which falls within A.R.S. § 32-2401(16)(b)'s definition of 'private invest…
Can a retired Arkansas public-school employee block release of her old job application under FOIA, especially when the requester offers no reason?
No. The AG concluded that the FOIA's personnel-records framework applies to former employees just as it applies to current employees, citing Op. Att'y Gen. 2006-182. A public employee's job applicatio…
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