State AG Opinions
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Can a Pulaski County former employee's personnel file be released after redacting certain personal information?
Yes, mostly. The AG flagged that race and gender shouldn't have been redacted from appointment forms, contact info for non-public references shouldn't have been redacted, and a few records still neede…
Can the Arkansas legislature require its committee to pre-approve Ethics Commission rules implementing the new ethics amendment?
Yes. Amendments 92 and 94, both ratified in November 2014, work together. Amendment 92 lets the General Assembly subject any agency rule to legislative review, and Amendment 94 lets it amend Ethics Co…
Does the Arkansas AG need to approve a cooperation agreement between Little Rock and the Capitol Zoning District Commission?
No. A specific 2013 statute (A.C.A. § 22-3-308) governs Capitol Zoning District cooperation with Little Rock and does not require AG approval. Plus the agreement doesn't fit the Interlocal Cooperation…
Can a Fayetteville police officer's personnel file be released after redacting job performance records, addresses, and family info?
Mostly yes, but the AG found a few errors. Race shouldn't have been redacted, and non-public references' contact information shouldn't have been redacted either. A school transcript needed full redact…
Can Colorado's Independent Ethics Commission share frivolous ethics complaints with the State Auditor for performance-audit purposes without breaking the constitutional confidentiality rule?
Yes. The AG concluded disclosure to the State Auditor for audit purposes does not break confidentiality, because the auditor is bound by the same confidentiality rule and the documents stay protected …
Can the Tennessee Collection Service Board require out-of-state attorneys (those not licensed in Tennessee) to get a collection-service license even though attorneys are statutorily exempt?
No. The Collection Service Act's attorney exemption (Tenn. Code Ann. § 62-20-103(a)(2)) covers all attorneys, with no licensure-state limitation. A Board rule narrowing it to Tennessee-licensed attorn…
If a Tennessee county commission cut the debt service allocations in its budget below what the budget committee set, who can sue to enforce the rule that says it can't?
Yes, the commission violated § 5-21-111(e)(1). Enforcement goes through quo warranto (typically by the district attorney general) or a declaratory judgment action by the county. Bondholders, creditors…
Do Arkansas legislators' pre-2014 years of service count toward the new 16-year cap under Amendment 94?
Yes, as to service after January 1, 1993. Amendment 94 left untouched the prospective-application clause from Amendment 73, so the 1993 trigger date carried over. Two-year Senate terms drawn after rea…
Does the Tennessee Healthy Workplace Act let employees sue government employers for workplace bullying, and what does the model-policy immunity cover?
The Act created no new cause of action against either public employers or employees for workplace bullying. Adopting the model anti-abuse policy gave a public employer a narrow extra immunity from sui…
Can an Arkansas school district buy land in a neighboring district and build a school on it?
Yes, subject to the same caveats as a 2001 AG opinion: the school board has discretion to acquire extraterritorial property and build, but new construction needs approval from the Division of Public S…
If federal immigration officials send Virginia jails an ICE detainer, do the sheriffs have to keep an inmate locked up past their release date?
No. The opinion concluded that an ICE detainer is merely a request under 8 C.F.R. § 287.7. It does not create for a Virginia law-enforcement agency either an obligation or legal authority to maintain …
If I fire an antique black-powder pistol or muzzleloader in Arizona, am I treated the same as if I fired a modern firearm under criminal law?
Yes. Arizona's criminal code defines 'firearm' to include any operable firearm without distinguishing antique from modern. The federal antique-firearm exception in 18 U.S.C. § 921(a)(16) (covering pre…
When is a private organization like a chamber of commerce subject to Florida's public records and Sunshine laws?
It depends on what the private organization actually does. The Attorney General's office explained that simply contracting with a public agency or receiving public funds does not, by itself, make a pr…
Can Arizona racetracks offer 'Instant Racing' slot-machine-style betting on historical horse races, or does that count as illegal gambling?
No. The Arizona Racing Commission and Department of Racing cannot authorize Instant Racing by rule. Pari-mutuel wagering on horseraces is permitted under A.R.S. § 5-112(A) only at live races at a meet…
Does an Arkansas alderman have a prohibited interest in a city contract if his or her spouse runs the company or owns a controlling share?
Possibly yes for unincorporated contractors (the law prohibits it). But if the contractor or subcontractor is a corporation, the statutory exception applies and the contract is allowed regardless of a…
Does a Texas home-rule city need 225,000 residents to annex land for limited purposes when all the landowners agree?
The AG did not give a yes-or-no answer. Section 43.129 of the Local Government Code lets a city annex land for limited purposes when the landowner consents, and that section sets no population floor, …
Can a Texas notary public refuse to release or black out entries in their notary record book?
The AG concluded that entries in a notary public's record book are public records under Chapter 406 of the Government Code, and a notary must provide a certified copy of any entry to anyone who asks a…
Can a Maryland county's board of commissioners appoint one of its own sitting members to serve as a regular citizen member of the county planning commission?
The opinion concluded that a Frederick County commissioner's appointment to a five-year, non-ex-officio seat on the planning commission was void from the outset, because state law lets a board appoint…
Can an Illinois state representative also work part-time as a city police detective without violating the constitutional ban on dual public compensation?
Yes, with limits. Attorney General Lisa Madigan concluded that a legislator may hold a second public-employee job, but article IV, section 2(e) of the Illinois Constitution bars him from receiving any…
Can Colorado's Department of Public Health raid leftover medical marijuana registry fees to fund unrelated programs, and can the Governor or General Assembly redirect that money to the general fund?
No to the first; the Department can only spend leftover medical marijuana program cash fund money on the medical marijuana program itself, because § 25-1.5-106(17)(a), C.R.S. expressly bars credits or…
Does Maryland's Homestead Tax Credit reduce special district taxes, like shore erosion control or waterways improvement assessments, in addition to regular county and municipal property taxes?
The opinion concluded that the Homestead Tax Credit did not apply to special benefit taxes imposed by Anne Arundel County's Special Community Benefit Districts, Shore Erosion Control Districts, or Wat…
When a suspected drunk driver is taken to the hospital, what steps does the officer have to follow to legally get a blood sample under Virginia's implied consent law?
Issue the summons first, then draw the blood. The opinion concluded that implied consent to a blood test under § 18.2-268.2 is triggered by a valid arrest. When a common-law arrest by physical force o…
In Virginia, who owns the geothermal resources under a piece of land, what regulations apply, and how are they taxed locally?
Rights to geothermal resources belong to the surface owner unless explicitly conveyed; they are sui generis, neither mineral nor water rights, so a mineral or water reservation does not include them a…
Can an Arkansas county trade in used equipment toward a lease-purchase of new equipment without going through bidding?
Yes. The county purchasing statute (A.C.A. § 14-22-106) controls and exempts used-goods trade-ins from bidding, whether the underlying transaction is a sale or a lease with option to purchase. The mor…
What rules govern the release of a Pulaski County former employee's employment records under the Arkansas FOIA?
The AG could not provide a substantive review because the requester did not submit records or specify objections. The opinion summarized the general FOIA framework for employee-related records: the Yo…
Can an Arkansas school district give a departing superintendent property worth more than $100 as part of a severance package?
Yes, but only if the district receives adequate consideration in return. A contracted-for severance or a settlement of a bona fide dispute qualifies. A pure gift after resignation does not. School boa…
Can a Florida statute change the assessment terms of a contract signed before the statute was enacted?
No. The Attorney General's office advised that section 189.052, Florida Statutes, enacted in 2000, did not supersede a 1996 contract between a special district and a mobile home park that set assessme…
If a same-sex couple in Virginia put both their names on a deed, did they have to pay the recordation tax that a husband and wife would skip?
No. After the Bostic ruling, AG Herring told circuit court clerks they had to read 'husband and wife' in the recordation tax exemption (Va. Code § 58.1-810.3) to include same-sex spouses, so deeds bet…
Can a Virginia university let its employees drive utility vehicles on public streets running through campus, even if the city has not designated those streets for that use?
No. The opinion concluded that an institution of higher education within a Virginia city may not allow its employees to operate utility vehicles on those portions of public highways within the institu…
Can a Virginia county fair refuse to let political groups rent booths, or charge them way more than other vendors?
No, on the facts presented. The opinion concluded that the Isle of Wight County Fair, as the County operated it (sponsored by the County, on County property, open to the general public for vendors and…
Can Virginia's State Board of Elections define by regulation what 'valid' photo ID means under the voter ID statute?
Yes. The opinion concluded that Virginia's State Board of Elections (SBE) possesses regulatory authority to define the term 'valid' as used in § 24.2-643(B), which lists the acceptable photo identific…
Why did the Arkansas AG reject the Campaign Finance Act of 2016 ballot title?
The AG rejected it because the ballot title failed to summarize entire sections of the proposal, used 'electioneering communication' in a way that contradicts the term's standard meaning, and used par…
Can Florida tourist development tax revenue pay the day-to-day operating costs of a county cultural agency?
The Attorney General's office advised that tourist development tax revenue under section 125.0104(5) is a targeted funding source for the purposes the statute lists, and it does not appear to authoriz…
Can a Texas sheriff give away or sell old jail commissary equipment, and where does the sale money go?
The AG concluded that equipment a sheriff buys with county jail commissary proceeds keeps the character of commissary funds, so it has to keep benefiting jail inmates. The sheriff cannot simply transf…
When does majority-party status attach for Arkansas county election commission composition?
Majority-party status is determined by the November 2014 general election results, but the actual change in county board composition does not happen until January 2015. Commissioners are selected in J…
When does an Arkansas write-in candidate have to notify each county board of election commissioners?
The deadline is unclear under current law due to 2009 and 2011 amendments. The political practices pledge, affidavit of eligibility, and notice filed with the Secretary of State or county clerk are du…
Can an Arkansas city bill the county for the cost of retrieving a felony suspect, or does the city have to absorb the expense?
The county is likely not obligated to reimburse the city absent a separate written agreement. State law gives cities and counties no general authority to bill each other for the cost of obtaining a cr…
When the Oregon Board of Bar Examiners meets, does the Oregon Public Meetings Law require the meetings to be open to the public?
It depends on what the board is doing. Meetings about the bar exam itself are open public meetings (with executive session available to discuss confidential test materials). Meetings where the board o…
Can a Florida city provide ambulance or advanced life support services outside its city limits?
The Attorney General's office advised that, absent a grant of authority by general or special law, a Florida city cannot exercise extraterritorial powers, including providing advanced life support ser…
Did the federal court ruling that legalized same-sex marriage in Virginia also make bigamy legal?
No. AG Herring concluded that Bostic v. Schaefer only required Virginia to extend monogamous marriage to same-sex couples, and Virginia's longstanding statutes criminalizing bigamy and voiding plural …
Can an Arkansas alcohol manufacturer or licensed restaurant own an interest in a microbrewery-restaurant?
Yes. The microbrewery-restaurant subchapter explicitly overrides the three-tier system separation rules. Existing manufacturers and restaurants holding mixed-drink permits can hold an interest in a mi…
How many votes does an Arkansas timeshare owner have in a suburban improvement district board election?
It depends. In an election to convert to electing board members (under A.C.A. § 14-92-240), each property gets two votes, cast by the timeshare owners' association. In an election to fill board vacanc…
Can a county's private debt-collection vendor edit court records or dockets in Texas?
The AG gave a nuanced answer. He would not provide a single definition of 'court record' or 'court docket,' explaining both terms mean different things in different contexts. On the substance, he conc…
Can a Texas charity keep its property-tax exemption if it leases its land to a partnership to build and only holds equitable title?
The AG would not decide whether the Deaf Action Center's specific property would stay exempt, explaining that whether a particular property qualifies for the section 11.18 charitable property-tax exem…
Can Texas A&M use Available University Fund money to support its Galveston branch campus?
The AG concluded that the Available University Fund (AUF) support-and-maintenance money the Texas Constitution directs to Texas A&M University goes to the University 'as an institution,' not tied to a…
Do people who get a free government cellphone through the Lifeline program have to pay Maryland's 911 fee?
The opinion concluded that low-income Marylanders who received a free cellphone and free monthly minutes through the federal Lifeline program were not required, under the law as it then stood, to pay …
Can a West Virginia city give its fire marshals the power to make arrests, get warrants, and briefly detain suspects when they witness violations of the city fire code?
Yes. The AG concluded that W. Va. Code § 8-15-1 grants every municipality 'plenary' authority to provide for the prevention and extinguishment of fires, and that 'plenary' means complete and unqualifi…
After Tennessee's July 2014 meth-law overhaul, did a simple-possession meth conviction land you on the new statewide drug offender registry, did the felony mandatory minimums still apply, and did any of this reach back to older convictions?
Yes for registry and mandatory minimums; no for retroactive reach. A misdemeanor meth possession under new § 39-17-455(b) puts you on the drug offender registry, the mandatory sentencing in §§ 39-17-4…
Does a West Virginia local board of health have to use the state Division of Personnel's merit system, and can it be required to pay for those services?
The AG concluded that local boards of health must run their employees through some merit system, but they can choose between the state Division of Personnel's system and their own. If they elect to us…
When a Tennessee county assesses property tax on oil-and-gas mineral interests by looking at the income those minerals produced, is that a backdoor income tax or severance tax?
No. The income approach is a standard appraisal method for valuing income-producing real property. Considering the income a mineral interest generated is a way to value the property, not a separate ta…
Can a Tennessee school board lock in a director of schools by writing a contract that requires a supermajority (two-thirds) board vote to fire her, instead of the usual majority?
No. A state statute (§ 49-2-202(g)) says a majority of all board members transacts board business. The board cannot rewrite that majority rule by contract, even to add a supermajority hurdle to firing…
Can a Texas county require its contractors to pay workers a living wage above the state minimum?
The AG concluded that a court would likely find Dallas County is not expressly authorized by section 62.0515 of the Labor Code to require its contractors to pay a higher 'living' wage as a condition o…
Does the Texas Medicaid rule paying licensed counselors 70% of psychiatrist rates apply to managed-care plans?
The AG concluded that HHSC's rule 355.8091, which reimburses licensed professional counselors, certain clinical social workers, and marriage and family therapists at 70% of the Medicaid rate paid to p…
When a Tennessee officer is handed an out-of-state protective order requiring child custody transfer or firearm removal, does the officer have to take it to a local judge first?
No for firearm removal: an out-of-state order is enforced as written, no local ratification required. For child custody, the order may be registered under the UCCJEA but enforcement runs through a Ten…
Does leaking what was said in a closed shade meeting violate Florida's Sunshine Law?
Not the Sunshine Law itself. The AG advised that a council member who spoke publicly about strategy from a closed attorney-client shade meeting under section 286.011(8) did not violate the Sunshine La…
Can a Florida property appraiser correct an assessment amount at any time?
Yes, and the correction does not block collection. The AG advised that under section 197.122, an act of omission or commission by a property appraiser can be corrected at any time, and correcting a ma…
Can an Arkansas sheriff's office release a deputy's suspension letter to a third-party FOIA requester even though the deputy was not involved in any of the matters the requester was investigating?
Yes. The suspension letter is an employee-evaluation record showing a violation of rules designed to avoid undermining public trust. As a law enforcement officer's discipline record meeting the four-p…
Can the University of Idaho buy its own risk or property insurance instead of going through the state's Department of Administration?
Only if the premiums come from non-state funds. Idaho's Tort Claims Act and risk management statutes give the Department of Administration exclusive authority over liability and property insurance pur…
Do Washington police officers need a citizen's consent before recording with a body camera, and what happens to those recordings under public records law?
The AG concluded that the Washington Privacy Act does not require all-party consent to record on-duty officer interactions with the public, because such conversations are not 'private' under the statu…
Does Arkansas's 2014 lobbyist gift ban (Issue 3) prohibit a chamber of commerce from hosting a legislative reception that is open to all legislators?
No. Issue 3 defines 'gift' to exclude food or drink available at a planned activity to which a specific governmental body is invited. A reception open to the entire General Assembly meets the exceptio…
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