State AG Opinions
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Who handles vehicle registration in Texas, the DMV or the county, and can the DMV hire a vendor to print and mail stickers?
The chair of the House Transportation Committee asked the AG to sort out the relative authority of the Texas Department of Motor Vehicles and county tax assessor-collectors over vehicle…
Who paid a South Carolina condominium association’s hurricane insurance deductible and uncovered repair costs?
The 2017 AG said the council of co-owners should fund the deductible in the same manner as insurance premiums. For insured property, repair costs beyond insurance proceeds and reserves were a common…
Can a Virginia homeowners association enforce a covenant that limits homes to residential use only, with a narrow exception for home offices?
Yes. The AG concluded that a restrictive covenant in a Virginia POA declaration limiting use of lots in a residential area to residential purposes is enforceable, subject to the covenant's own…
Can a Virginia public employer choose not to revoke VRS pension benefits after an employee's job-related felony conviction?
No. The AG concluded that § 51.1-124.13 of the Code of Virginia gave employers no discretion to decide whether to seek VRS benefit forfeiture once a felony conviction was finally determined to arise…
Does federal law (Title IX, Clery Act, or due process) preempt Tennessee's UAPA contested-case procedures when a public-college student faces discipline for an alleged campus sexual assault?
The UAPA does not violate the Due Process Clause, and neither Title IX nor the Clery Act preempts Tennessee's UAPA contested-case procedures applied to public-college student discipline for alleged…
Can a Texas river authority invest public funds in CDs and deposits backed by FDIC insurance or a federal home loan bank letter of credit?
The president of the San Jacinto River Authority asked whether five specific investments would comply with the Public Funds Investment Act and the Public Funds Collateral Act. The AG stressed that…
Is forensic evidence from an unaccredited Texas crime lab admissible, and what can the Forensic Science Commission require?
The Texas Forensic Science Commission asked the AG several questions about lab accreditation and the admissibility of forensic analysis. The AG explained that courts, not the AG, decide…
Which of the new misdemeanor crimes the Georgia legislature created in 2016 should require fingerprinting at arrest?
The AG designated 8 of the 10 reviewed 2016 misdemeanors as fingerprintable: false claims of military veteran status for tangible benefit, deceptive courtroom appearance in a military uniform or…
Can a city in Arkansas use general fund money to subsidize its firemen's pension fund, and can it raise the Amendment 31 millage rate without holding another election?
Yes to both, with a limit. The AG said a city may support its local fire pension fund with general funds and may raise a tax rate within the one-mill cap the voters approved without another…
Can an Arkansas county attorney petition the State Auditor for abandoned mineral lease proceeds, or only the original holder before transfer to the Auditor?
AG Rutledge concluded that the Auditor of State is not a 'holder' under Ark. Code Ann. § 18-28-403(a)(2)(A). A county attorney's petition for abandoned mineral proceeds held under court-receiver…
Did South Carolina’s pension law require a fixed payoff schedule using approved contribution rates?
The 2017 AG concluded that the retirement system’s unfunded liability should be calculated on a closed amortization schedule, not an annually reset open one. It also said the calculation should use…
Does Tennessee's campus-carry exemption that bars employee-handgun-carry in offices providing medical services include dentistry offices?
Yes. Dentistry is a 'medical service' for purposes of Tenn. Code Ann. § 39-17-1309(e)(11)(C)(v)(d). The campus-carry employee exemption that prohibits handguns in hospitals or offices where medical…
Could the first payment on a South Carolina supervised loan be due sooner or later than later installments?
The 2017 AG said the first due date could be closer to the loan date than later payment intervals, or farther away than one and one-half such intervals. It read the equal interval requirement as…
Could a South Carolina payday lender treat a debit card payment as cash before the funds settled?
The 2017 AG reaffirmed that a debit card could be a cash payment under the deferred presentment law, but clarified that the loan was not paid in full until settlement credited the lender’s account.…
When determining the political composition of a county board of review under Illinois Property Tax Code section 6-15, do you count the office of circuit court clerk as a county office?
No. AG Lisa Madigan concluded the office of circuit court clerk is not a 'county office' for purposes of Property Tax Code section 6-15. To determine the political balance of Bond County's Board of…
Did the legislature violate the Arkansas Constitution by adding a substantive premium-tax provision to the State Insurance Department's appropriation bill?
AG Rutledge concluded that Section 29 of Act 871 of 2015, which carved out the insurance premium tax credit so it would not offset taxes from Health Care Independence Program and Arkansas Health…
Can a Tennessee priority school in the Achievement School District add new grade levels on its own?
No. Once a priority school is assigned to the Achievement School District, the school itself has no independent control over its operations and cannot unilaterally add grade levels. The commissioner…
Why did the Arkansas AG reject Mary L. Berry's proposed Arkansas Cannabis Amendment ballot title?
The AG rejected the ballot title on two grounds. It misleadingly suggested federal law prohibited only Cannabis sativa, and it did not explain how the proposal would affect the recently approved…
How do property owners remove a board member from an Arkansas Municipal Property Owner's Improvement District, and what 'assessed value' counts toward the two-thirds petition requirement?
AG Rutledge concluded that an Arkansas Municipal Property Owner's Improvement District (MPOID) is governed solely by Ark. Code Ann. § 14-94-101 et seq.; the general municipal-improvement-district…
When an Arizona statute requires notice 'by mail' to political party precinct committeemen, can email satisfy the requirement?
No. The AG's informal opinion concluded that 'by mail' in A.R.S. § 16-824 means delivery through the postal service. Email is treated separately throughout Arizona law, so notice by email is not…
Did a South Carolina city’s historic property tax discount also reduce county and school taxes?
The 2017 AG predicted that a Bailey Bill special assessment granted by a city applied only to the city’s portion of property taxes. A county discount likewise did not require the city to discount…
Can a Texas district attorney use asset-forfeiture money to buy carpet for a county building, and does the commissioners court have to approve it?
The Bowie County Auditor asked whether the district attorney could use asset-forfeiture funds to replace carpet in a county-owned building and whether the commissioners court had to approve it. The…
Can the same person serve on a Texas city council and on the board of an overlapping library district at the same time?
A Tarrant County prosecutor asked whether one person could serve at the same time on the Forest Hill city council and on the board of the Forest Hill public library district, where the district sits…
Could South Carolina’s attorney general investigate a homeowners association incorporated as a nonprofit?
The 2017 AG said the Nonprofit Corporation Act applied to a homeowners association organized under it and gave the Attorney General authority to investigate such an association. The office also said…
Can Connecticut grant only the Mashantucket Pequot and Mohegan tribes the right to operate an off-reservation joint casino without losing the slot-machine revenue Connecticut already gets from those tribes?
The AG flagged serious risk on every front. Granting the Tribes an exclusive right could face equal-protection and commerce-clause challenges. Submitting the necessary compact amendments to the…
Did the Arkansas AG approve the interlocal agreement between Washington County and twelve cities to continue and expand the regional ambulance authority?
AG Rutledge approved as submitted an interlocal cooperation agreement between Washington County and twelve cities (Elkins, Elm Springs, Farmington, Fayetteville, Goshen, Greenland, Johnson, Lincoln,…
Can a Tennessee priority school assigned to the Achievement School District add new grades on its own?
No. Once a Tennessee priority school is placed in the Achievement School District (ASD), the school itself has no independent decision-making authority over its operations and may not add grades on…
If a California county sheriff dies in office, when does the board hold the next election, who can the board appoint to serve until then, and does that appointee have to meet the same qualifications as an elected sheriff?
When a California county sheriff dies in office, the AG concluded the board of supervisors must appoint a qualified successor within a reasonable time and cannot just leave the chief deputy or other…
When a California state agency runs a gravel pit or other surface mine, does it have to pay county SMARA fees like any other operator, or does state-on-state fee exemption apply?
Mostly yes. The Attorney General concluded Caltrans must pay Mono County's reasonable costs of annual SMARA inspections and reports on Caltrans gravel pits, but is exempt under Government Code…
Can a hobbyist fly a drone within 200 yards of a Washington orca, or is that a violation of state law?
The AG concluded that drones are most likely 'other objects' under RCW 77.15.740(1)(a), so flying a drone within 200 yards of a Southern Resident orca whale is most likely unlawful. The statute's…
What happens when the Arkansas AG receives a proposed ballot initiative with ambiguous language?
The Arkansas AG rejected the popular name and ballot title submitted by Barry Emigh for a proposed constitutional amendment to authorize the contracting and subcontracting of gambling along with the…
Can Tennessee ban voters from taking ballot selfies at polling places without violating the First Amendment?
Yes. The interior of a polling place is a nonpublic forum, and Tennessee may restrict speech there as long as the restriction is reasonable and viewpoint-neutral. The bans on phone calls, photos,…
Can the Tennessee Governor host a political fundraiser at the Executive Residence, and does the public get to see the Governor's daily schedule?
The AG concluded that Tennessee law did not prohibit elected state officials from using state property, including the Executive Residence, for campaign activities. Campaign expenses were reportable…
Are a Tennessee city's Facebook posts and citizen comments on a city Twitter feed public records?
Yes. To the extent a municipal social media account is created or maintained 'in connection with the transaction of official business,' the account, the comments on it, and records about who…
Can Tennessee deny a public weigher or weighmaster license to a non-citizen who is legally allowed to work in the U.S.?
No. The U.S.-citizenship requirements in Tenn. Code Ann. §§ 47-26-804 and 47-26-1004 likely violate the Equal Protection Clauses of the U.S. and Tennessee Constitutions because they discriminate…
Do a city council's committees have to give public notice of their meetings under Delaware's FOIA?
Yes. The AG found Seaford's Electric Committee and Economic Development Committee were public bodies under FOIA because they were created to make recommendations to the Council. They therefore had…
Can a Virginia commissioner of the revenue compel a public utility to disclose contractor information for business-license tax purposes?
Yes. The AG concluded that public utilities are not exempt from a Virginia commissioner of the revenue's authority under § 58.1-3109(6) to require information about contractors that may be subject…
Can a Tennessee state legislator running for Congress move money from his state campaign account into his federal campaign account?
Yes. Tennessee law (Tenn. Code Ann. § 2-10-114(a)(1)) permits an elected state official running for federal office to transfer unexpended balances from his state campaign account to his federal…
Can a doctor of osteopathy sign the medical certificate needed for a court-ordered mental health commitment in Texas?
Two state senators asked the AG whether doctors of osteopathy may issue the certificates of medical examination that chapter 574 of the Health and Safety Code requires before a court can order…
Would Texas adopting the ABA's anti-discrimination Rule 8.4(g) violate lawyers' constitutional rights?
State Senator Charles Perry asked the AG whether Texas adopting the American Bar Association's new Model Rule of Professional Conduct 8.4(g), which makes it misconduct for a lawyer to engage in…
When can a Fort Smith Traffic Control Manager's disciplinary records be released under the Arkansas FOIA?
Yes. The AG concluded that releasing the Fort Smith employee's evaluation records was consistent with FOIA because all four conditions in § 25-19-105(c)(1) were met, including suspension or…
When can a Fort Smith city employee's disciplinary records be released under the Arkansas FOIA?
Yes. The AG concluded that release of the Fort Smith employee's evaluation records was consistent with FOIA because all four conditions in § 25-19-105(c)(1) were met, including suspension or…
Do private Tennessee gun sales between two individuals require a background check?
No. Tennessee has no state-law background check or licensing requirement for private, occasional firearm sales between individuals who are not 'in the business' of dealing in firearms. Tennessee…
Whose approval does an off-duty Tennessee officer need to direct traffic in a construction work zone for a private contractor?
An off-duty Tennessee officer directing traffic at a private work zone needs approval from their own law enforcement department, not the state Commissioner of Commerce and Insurance. The same…
Can the same lawyer serve as the county fiduciary commissioner and as the attorney to the county commission in the same county?
No. The AG applied the common-law incompatibility doctrine: two government offices are incompatible if the responsibilities of one office can in any manner influence the actions of the public…
Can the Arkansas State Police refuse a FOIA request for records of an incident involving one of their officers?
The AG could not decide whether the denial was correct because she had not seen the records. She said that, if the officer had not been suspended or terminated, records properly classified as his…
When a person's employment application at an Arkansas public agency is requested under FOIA, what gets released and what gets redacted?
Mostly yes. The Arkansas AG concluded the records custodian's decision to release a redacted job application of an Arkansas School for the Blind employee was largely consistent with the FOIA. The AG…
Will the Arkansas Attorney General weigh in on whether Act 109 of 2015 is constitutional when the same statute is already being litigated in court?
No. AG Leslie Rutledge declined to address Act 109 of 2015's constitutionality because the statute was the subject of two pending lawsuits: Opponents of Ordinance 6121 v. City of Hot Springs and…
Can a New York town shorten the term of office for its planning board members by passing a local law?
Yes. AG Schneiderman's office concluded that a town can use its home-rule authority to supersede Town Law § 271 and impose shorter planning-board terms; the new law applies prospectively unless made…
Does it satisfy open-meetings law if the people affected by a vote already knew about it, even though the public meeting agenda didn't mention it?
No, according to this opinion. The University of Delaware Board of Trustees voted to revise its bylaws under a vague agenda item ('Additional Resolutions for Board Approval') that didn't mention the…
Can a school board discuss superintendent interview questions and hiring strategy behind closed doors?
No, according to this opinion. A school board discussed and planned interview questions and next steps in its superintendent search behind closed doors in executive session. The AG found this…
Can a Texas city police chief also hold the elected office of constable at the same time?
Hardin County Attorney Rebecca Walton asked the AG whether the City of Lumberton police chief, who had just won election as constable of the precinct where the city sits, could hold both positions…
Can a Texas county attorney require defendants to donate money as part of a pretrial diversion agreement?
The Brown County Auditor and County Attorney asked the AG about the county attorney's practice of requiring accused people to make 'donations' to the office as a condition of pretrial diversion,…
Can a New York elected county coroner also serve as the chief investigator for the district attorney's office?
No. AG Schneiderman's office concluded that the offices of elected coroner and chief investigator for the district attorney are incompatible because the coroner must conduct death investigations…
Can a New York town's list of licensed dogs be used at the animal shelter to redeem a seized dog instead of requiring the owner to produce the actual license?
Partially yes. AG Schneiderman's office concluded that a consistently and accurately maintained municipal list of licensed dogs can satisfy the statutory 'proof' requirement, but the owner still has…
Why did Arkansas reject the Arkansas Cannabis Amendment ballot title in 2016?
Rejected. The AG could not certify the proposed Arkansas Cannabis Amendment's popular name and ballot title because the underlying measure was internally ambiguous, especially on tax rates, penalty…
Can a Virginia sheriff ban guns in every part of a courthouse, including the constitutional officer offices and county admin offices on other floors?
Yes. The AG concluded that the Fauquier County Sheriff may implement a security plan prohibiting weapons in all parts of the Fauquier County Courthouse, including areas occupied by constitutional…
When a Virginia school board member is called to active military duty, does the board or the deployed member decide whether to appoint a temporary replacement?
The school board, not the member. The AG concluded that when a local school board member notified the board of his upcoming military deployment, § 2.2-2802 gave the board sole authority to designate…
Could Louisiana public mental-health advocates notarize no-income affidavits for indigent patients without charging them?
Yes. The AG said Mental Health Advocacy Service attorneys could notarize unemployment or no-income affidavits for indigent Tyler Behavioral Health Clinic patients seeking state mental-health…
After Gobeille, which ERISA health plans could Tennessee still require to report claims data to its all-payer database?
The AG concluded that Gobeille barred Tennessee from requiring claims data from ERISA-governed self-funded group health plans that used insurers to administer benefits. Reporting by insurers selling…
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