State AG Opinions
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Do Tennessee homeowners who rent out their house, apartment, or spare room through Airbnb or VRBO owe sales tax and hotel occupancy tax, and who has to collect it, the host or the website?
Yes, both taxes apply. The AG concluded these rentals fit the statutory definition of 'hotel' under the sales tax and hotel occupancy tax statutes. The property owner, not the website, is the dealer/o…
Can a Florida public board meet or approve its minutes electronically without a physical quorum under the Sunshine Law?
The AG's office advised that electronic media may be used at workshops where no formal action will be taken, but a quorum must be physically present to conduct official business. Approving the minutes…
Can a school board vote in executive session to stop a board member from recording the meeting?
Partly yes, partly no, according to this opinion. The Christina School Board properly discussed its superintendent's competency and abilities in executive session under FOIA's personnel-matters except…
Did the Arkansas AG approve the 2016 ballot proposal to change county offices, JPs, and constables from two-year to four-year terms?
Yes, with grammatical changes. The AG certified a revised popular name and ballot title for a proposed constitutional amendment that would lengthen terms of office for County Judge, JP, Sheriff, Colle…
How long must an Arkansas county elected official wait before returning to APERS-covered work after the DROP period ends?
The AG concluded that an elected county official who entered the APERS DROP in June 2009 had to be off work for at least 90 days after terminating covered employment before returning to a position cov…
Can an Arkansas county solid waste authority donate a building it bought with sales tax money to another local government entity?
The AG concluded that an Arkansas solid waste authority has statutory authority to dispose of its property, including by donation, when doing so is necessary, convenient, or desirable to carry out its…
How many days does an Arkansas FOIA custodian have to produce digital records like text messages, voicemails, or files on a work computer?
Custodians generally had three business days under Arkansas FOIA to produce a nonexempt record if it was in active use or storage. The AG concluded that most electronic files, including computer docum…
Could Tennessee's governor or legislature refuse to accept Syrian refugees (or refugees from any particular country or religion) that the federal government had already admitted?
No. The AG concluded that any such refusal would be preempted by federal law under the Supremacy Clause. Immigration and the admission of aliens is an exclusively federal power, and Tennessee could on…
Can someone in Arkansas run for justice of the peace and constable, or for county treasurer and constable, in the same election?
Yes, under the AG's reading of Ark. Code Ann. § 7-5-111. That statute bars a person from running for more than one 'state, county, or municipal office' in the same election, but constable is a townshi…
What was the 'Solar Energy Choice' ballot initiative and why did Florida's Attorney General send it to the state Supreme Court?
This is the Attorney General's petition asking the Florida Supreme Court to review a proposed citizen initiative, not an opinion with a holding. Under the Florida Constitution and section 16.061, the …
If an Arkansas school board member moves out of their election zone but stays in the school district, do they automatically lose their seat?
The AG concluded no. Arkansas law required residency in a single-member zone for school board candidacy, but not for continued service. A board member who moved out of their zone during a term could k…
What disqualifies a paid ballot canvasser in Arkansas from passing a criminal background check, and how old can the offense be?
Under Ark. Code Ann. § 7-9-601 as amended by Act 1219 of 2015, a paid canvasser fails the background check if the Arkansas State Police record shows a guilty plea, no-contest plea, or conviction for a…
Can a disabled veteran in Arkansas get a refund of property taxes paid before the VA disability award came through?
Under the Arkansas law in effect from 2010 through 2012, no. The AG concluded that eligibility for the disabled-veteran homestead and personal property tax exemption was fixed as of the first Monday o…
Did the Millington School Board get half of the city's local-option sales tax for school spending, the same way it would have if Shelby County had levied that tax?
No. The AG concluded the 50% schools rule in § 67-6-712 applies only to county-levied local-option sales taxes. Because Millington itself levied the 0.5% add-on, the city was not required to distribut…
When a Connecticut watchdog agency under the Office of Governmental Accountability faces a labor grievance, who actually decides how to respond, the OGA Executive Administrator or the head of the individual watchdog agency?
Both, with final authority resting at the agency. The AG concluded that under Conn. Gen. Stat. § 1-300, the OGA and its Executive Administrator play a support role on personnel matters, modeled on the…
Why did the Arkansas AG reject Mary Berry's third cannabis legalization ballot title in 2015?
The AG rejected the third Arkansas Cannabis Amendment submission for ten new categories of ambiguity. Among other things, Section 5 was unclear on whether the prohibition referred to a substance or it…
Is Connecticut's constitutional spending cap actually enforceable, and can the General Assembly bust the statutory spending cap by a simple majority vote?
The constitutional spending cap is unenforceable until the General Assembly adopts the required definitions of 'general budget expenditures,' 'increase in personal income,' and 'increase in inflation'…
Which Arizona local government records belong to the State Library, and which Arizona special districts and unincorporated communities have to comply with the State Library's records retention rules?
When 'agencies' appears unmodified in the State Library Statute, surrounding language usually clarifies whether it covers state, local, or both. Records of unincorporated communities aren't State prop…
Can the Connecticut State Teachers' Retirement Board cancel a teacher's pension credit if it learns from somewhere other than the state Department of Education that the teacher was working without proper certification?
No. The AG concluded that under § 10-183rr the STRB cannot rescind any credit a teacher has earned, even for service in a position the teacher was not properly certified for. The board may only suspen…
Are the lands occupied by Idaho's old state penitentiary 'public lands' subject to the constitutional rules requiring the State Board of Land Commissioners to sell or lease them at public auction for the maximum long-term financial return?
AG Wasden concluded in 2015 that the old penitentiary site was not 'public lands' under article IX, sections 7 and 8 of the Idaho Constitution. The land was granted to Idaho unconditionally by Section…
Can an Arkansas city publish only the one-page ordinance in the newspaper and skip the long attachment, to save money?
Generally no. The AG concluded that Arkansas cities had to publish the full text of any ordinance of a general or permanent nature, including all attachments and exhibits, in a local newspaper. The on…
Did Act 573 of 2015 actually change how Arkansas counties value off-premises billboards for property tax, and could the rest of the Act survive if one section is struck?
The AG declined to answer the property-tax-valuation questions because the Arkansas Assessment Coordination Department, not the AG, advises county assessors on property-valuation statutes. On the seve…
What can a West Virginia county commission do when it is unhappy with the ambulance authority it created: dissolve the whole authority, fire all the board members, or appoint itself to the board?
The AG concluded the county commission can dissolve the entire ambulance authority by ordinance or order (the power to create implies the power to abolish under Hatfield v. Mingo County Court). It can…
After a Tennessee felony or domestic violence conviction, what firearms can the person legally own, and what does it take to get full gun rights back?
A felon or domestic-violence offender generally could not possess any firearm, including antique or black powder, except in narrow exceptions (black powder long guns for nonviolent felons; black powde…
Did Tennessee's Health Club Bond Act apply to a CrossFit, yoga, or barre studio that sold prepaid packages of group classes?
Yes. The AG concluded that a business primarily offering regular, scheduled group exercise classes for prepaid payments fit the Act's broad 'health club' definition. The 'personal training' exception …
Did Tennessee's sex offender residency law force someone to move out of a home they had lived in for years, just because the home turned out to be within 1,000 feet of their victim?
Yes. The AG concluded the prohibition on a sexual offender 'residing' within 1,000 feet of a victim was absolute. It made no exception for residences established before the offense. The offender had t…
Can an Arkansas non-management state employee run as an independent candidate for a county or city office?
Generally yes. Arkansas law expressly protects the right of state, county, municipal, and school-district employees to run for elective office. The only meaningful federal restriction is the Hatch Act…
Can a Texas police department put 'In God We Trust' on its patrol cars?
The AG concluded that a Texas police department or sheriff's office may display the national motto 'In God We Trust' on its patrol vehicles, and that a court would likely find the display does not vio…
Can a Washington home-rule county make its prosecuting attorney a nonpartisan office?
The AG concluded that article XI, section 4 of the Washington Constitution does not prohibit a home-rule county from providing in its charter that the prosecuting attorney is elected as a nonpartisan …
Can a landlord get paid to remove an abandoned manufactured home if the tenant abandoned it before the landlord ever filed a change-in-use plan?
No, according to this opinion. The Delaware Manufactured Home Relocation Authority (DEMHRA) asked whether it must pay a landlord to remove a manufactured home a tenant abandoned before the landlord ha…
What makes someone a 'duly qualified elector' for serving on a Tennessee industrial development corporation board, and what happens if an ineligible member voted?
A 'qualified elector' meant someone with the legal qualifications to vote in a municipal election, not necessarily someone actually registered. Votes by an ineligible member were generally valid under…
Is a shared data-processing agency owned by two school districts subject to Delaware's public records law?
Yes, according to this opinion. The New Castle Data Service Center (DSC), a shared administrative agency owned and operated by the Colonial and Red Clay Consolidated School Districts to handle finance…
Did Arkansas voters get to consider a proposed amendment cutting the number of legislatively referred constitutional amendments from three to one?
Yes, the AG certified the ballot title for the 'Little Red Hen' proposal but rewrote the popular name. The sponsor's version said the amendment cut the number of amendments 'allowed the General Assemb…
Can a school district refuse to release a successful applicant's job application and resume under Arkansas FOIA as a personnel-records privacy invasion?
Likely not. The AG concluded that the Pine Bluff School District's decision to withhold the successful applicant's job application and resume for the Executive Director of Operations position was prob…
Could the Fort Smith Police Department release records of a sexual harassment internal investigation after redacting the complaining officer's identity?
Yes, with additional redactions. The AG concluded the records were employee-evaluation records of the supervisor accused of harassment, and they had to be released because the four-part test was met: …
What did the Idaho Attorney General's October 2015 Certificate of Review identify as remaining problems with a revised proposed initiative to broaden Idaho's sales tax base by taxing services?
AG Wasden's October 30, 2015 review reaffirmed and incorporated by reference the office's earlier June 10, 2015 review of an essentially identical initiative by the same petitioners. The revised versi…
Could a California city council member be barred from office after an obstruction conviction tied to prior council conduct?
The Attorney General did not decide that the council member was disqualified. The office granted leave to sue because the obstruction conviction raised substantial questions about malfeasance in offic…
Why did the Arkansas AG reject Mary Berry's second cannabis legalization ballot title in 2015?
On the second submission, the AG again rejected the proposed Arkansas Cannabis Amendment. The proposal still had ambiguities about whether the amendment would override Arkansas DWI law for marijuana-i…
What are the constitutional limits on how the Maine legislature can spend the income generated by the state's Public Reserved Lands?
AG Mills explained that the Articles of Separation, embedded as Article X of the Maine Constitution, make Public Reserved Lands public trust property. Two authorities (a 1973 Opinion of the Justices a…
Can the Arkansas DHS release personnel records about a current employee under FOIA when the documents contain information that formed the basis for an adverse employment action?
The AG split the question. Most of the attorney's specific questions were outside the scope of FOIA review under § 25-19-105(c)(3); the AG can only opine on whether the custodian's release decision is…
What constitutional and drafting concerns did the Idaho Attorney General flag in 2015 about the proposed 'College, Not Cancer Act' that would have raised cigarette and tobacco taxes to fund lower public-university tuition and tobacco-cessation programs?
AG Wasden's 2015 review concluded the initiative had a serious art. III, § 18 problem because it sought to change cigarette and tobacco tax rates by reference rather than setting forth the amended sec…
Did Tennessee's four-year property tax exemption for newly built rural electric cooperative facilities pass constitutional muster?
No. The AG concluded the exemption in Tenn. Code Ann. § 65-25-122(a) was unconstitutional. Article II, § 28 limits property tax exemptions to specific categories (government, charitable, etc.), and ru…
Can a Maryland city or county require stricter tree-protection rules for new development than the state's Forest Conservation Act?
The opinion concluded that Maryland's Forest Conservation Act let local jurisdictions such as counties and cities adopt local tree-protection programs stricter than the state's own reforestation ratio…
Can Idaho restrict contributions to a candidate's campaign so that only people who live in the candidate's district (or in Idaho for statewide office) can give money, and prohibit corporate contributions to candidates?
AG Wasden's 2015 Certificate of Review concluded the proposed initiative was unconstitutional under the First Amendment. After Citizens United and McCutcheon, restricting contributions based on the do…
Does a Texas prosecutor have to review all recorded jail phone calls for evidence that helps the defendant?
The AG concluded that Brady v. Maryland does not force a prosecutor to listen to every recorded inmate phone call hunting for exculpatory evidence the office would not otherwise review. But if the off…
Can a Texas community college pay a board member's legal bills for fighting a challenge to his eligibility?
The AG concluded that a community college may reimburse a trustee's personal attorney's fees for defending a quo warranto challenge to his right to hold office only if the college finds, in good faith…
Can Pima County conduct a hand count audit of a county bond election, a Tucson city election, and an Oro Valley recall election without running afoul of A.R.S. § 16-602(B)(2)(f)?
No conflict. A.R.S. § 16-602's mandatory hand count audit applies only to countywide primary, special, general, and presidential preference elections that include statewide ballot measures, statewide …
Would a Tennessee bill exempting insured adult motorcyclists from the helmet law (but keeping uninsured and TennCare-covered riders required to wear one) violate equal protection?
No. The AG concluded the proposed bill would survive rational basis review. The state's interest in protecting publicly funded healthcare programs from accident costs was a legitimate basis for treati…
Why did the Arkansas AG reject Mary Berry's first cannabis legalization ballot title in 2015?
The AG rejected the proposed Arkansas Cannabis Amendment popular name and ballot title because the underlying proposal had several internal ambiguities, including unclear zoning and licensing language…
Can a parent in Arizona pull their child out of the AzMERIT or other state-mandated standardized tests, the way they can opt out of certain learning materials?
No. A statewide assessment such as AzMERIT is not a 'learning material' or 'learning activity' under A.R.S. § 15-102, so the opt-out provisions don't apply. The Parents' Bill of Rights at A.R.S. §§ 1-…
When someone dies from an accident or trauma in Virginia, who is legally required to take charge of the body, and who pays for removing it?
AG Herring concluded that under Va. Code § 32.1-283, once the Office of the Chief Medical Examiner is notified of a death from trauma, injury, violence, or similar circumstances, OCME alone is require…
Can the Chesapeake Bay Restoration Fund Advisory Committee use specialty license plate revenue to pay a marketing firm to sell more 'Friend of the Chesapeake' plates?
No. AG Herring concluded the Fund's enabling statutes (Va. Code §§ 30-256 and 46.2-749.2) restrict the money to environmental education and Chesapeake Bay restoration projects. Paying for marketing to…
Can a public health center release a former employee's basic employment status record under Arkansas FOIA?
Yes. The AG reviewed the one-page record (a print-out of the employer's database showing standard employment information like hire date, separation date, and conditions of separation) and concluded it…
Do Arkansas state agencies have to turn over unclaimed property to the Auditor of State just like private companies do?
Generally yes. The AG concluded that the Arkansas Unclaimed Property Act applies to state agencies, boards, commissions, and political subdivisions because the Act's definition of 'person' includes go…
Why did the Arkansas AG rewrite the popular name for the proposed 'reduce 3 to 1' constitutional amendment limit on legislatively-referred amendments?
The sponsor's revised popular name said the amendment would reduce 'the number of constitutional amendments allowed the General Assembly' under Article 19, Section 22. The AG concluded that wording wa…
When relatives of a deceased person in Arkansas refuse or can't afford burial, can the county pay for it?
Yes, in defined circumstances. The AG concluded an Arkansas county can lawfully order and pay for the burial or cremation of an unclaimed body. Under the Final Disposition Rights Act and the Unclaimed…
What did Florida's Attorney General ask the Supreme Court to review about the 2016 medical marijuana amendment?
This is the Attorney General's 2015 petition asking the Florida Supreme Court to decide whether the proposed 'Use of Marijuana for Debilitating Medical Conditions' amendment met the single-subject req…
If a Virginia school bus stop-arm video camera captures a driver illegally passing, can the locality just mail the driver a summons, or does it have to be served in person?
It has to be served in person. AG Herring concluded that Va. Code § 46.2-844 (illegal passing of a stopped school bus) doesn't authorize service by mail, in contrast to § 15.2-968.1 ('photo red' viola…
Can a Virginia locality require that environmental mitigation for impacts to wetlands or streams within the locality be performed inside the locality's boundaries?
No. AG Herring concluded that Va. Code § 62.1-44.15:20(E) prohibits localities from instituting any policy, plan, or ordinance, including accepting voluntary proffers, that dictates where wetlands or …
Can the Virginia State Bar use mandatory bar dues to fund its Diversity Conference, the way it funds its Young Lawyers and Senior Lawyers conferences?
Yes. AG Herring concluded the Diversity Conference's mission of promoting diversity in admission to the bar and access to legal services is 'germane' to regulating the legal profession and improving l…
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