State AG Opinions
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Can an Arkansas property owner claim the Arkansas homestead property tax credit and also claim a homestead-style credit in another state in the same year?
The AG opined that Arkansas law does not bar an owner from claiming both, but warned that since both credits typically require a principal place of residence and a person can only have one, claiming…
Can an Arkansas quorum court give bonuses or longevity pay to county employees, county officers, or its own justices of the peace?
The AG concluded yes for county employees (broad quorum-court authority over compensation), yes for county officers when included within the annual salary fixed by ordinance, but no for justices of…
Did Florida's AG ask the state Supreme Court to bless the 'Voting Restoration Amendment' ballot summary in 2016?
Yes. This 2016 filing was the AG's mandatory petition to the Florida Supreme Court, asking the Court to review whether the proposed Voting Restoration Amendment, which would automatically restore…
When do Texas courts defer to a state agency's interpretation of a statute?
Insurance Commissioner David Mattax asked the AG when Texas courts give deference to a state agency's reading of a statute, and specifically whether a formal notice-and-comment rule carries more…
Can a school board trustee also serve on a city planning and zoning commission in Texas?
Webb County Attorney Marco Montemayor asked the AG whether one person could serve at the same time as a trustee of an independent school district and as a member of a city planning and zoning…
Can an out-of-state resident be denied access to Delaware public records under the state's FOIA law?
Yes, according to this opinion. A Colorado resident's broad request for state banking records was denied because he was not a Delaware citizen. The AG concluded that Delaware's FOIA statute, despite…
Can a state agency charge me for the time it takes a non-lawyer employee to decide which of my requested records are exempt from disclosure?
No, according to this opinion. A former State Treasurer requested roughly 19,000 emails from his old office, and the office's cost estimate included time for a non-lawyer coordinator to decide which…
Can a city council remove a speaker from public comment for making personal attacks on the mayor?
Yes, according to this opinion. A resident was removed from a city council meeting's public comment period after comparing the mayor's conduct toward a councilmember to treating him 'like a…
Can Virginia voters take photos or selfies of themselves with their ballot inside a polling place, and can they use phones to get voting help from someone outside?
Mostly yes for self-photography, no for outside assistance. The AG concluded that recent State Board of Elections regulations permitting voters to use cameras and recording devices in polling places…
Does a foreign naval ship visiting New York (for example, a vessel attending Fleet Week) have to take a New York-licensed pilot to enter or leave port?
Yes, but enforcement is limited. AG Schneiderman concluded that New York's compulsory pilotage law applies to foreign public (non-commercial) vessels, absent an overriding treaty. If a foreign…
Did the Arkansas Attorney General certify the September 2016 draft of the Arkansas Cannabis Amendment?
No. AG Leslie Rutledge rejected the September 26, 2016 draft of Mary Berry's proposed Arkansas Cannabis Amendment. The marijuana-license definition referred to the plant itself, but the recreational…
Are a volunteer fire department's fundraising records public under Florida's Public Records Law?
The office did not decide whether Wausau's volunteer fire department was covered. It said the town must examine the totality of factors used in Schwartzman, including firefighting responsibility,…
If a Virginia electoral board member takes a part-time town attorney job, are they automatically off the board, and are any decisions they made still valid?
Off the board on acceptance, but past acts remain valid. The AG concluded that under Article II, § 8 of the Virginia Constitution and § 24.2-119, an electoral board member cannot simultaneously…
Did Arkansas Act 667 of 2003 amend or repeal the 1883 act dividing Craighead County into the Jonesboro and Lake City judicial districts?
Act 667 of 2003 did not expressly amend or repeal Act 61 of 1883. The AG concluded the most sensible reading is that Act 667 impliedly repealed Act 61's 'Lake City Rule' (which required certain…
Does an Arkansas county convention delegate automatically become a county committee member, and how do affidavits of eligibility and candidate-eligibility challenges work?
The AG concluded no Arkansas statute automatically makes a county convention delegate a county committee member, but a party rule could provide that. Affidavits of eligibility likely must be…
What did the Idaho Attorney General's 2016 statutory review of the proposed initiative to outlaw all abortions in Idaho as murder say about the measure's legality under then-controlling federal constitutional precedent?
AG Wasden's 2016 Certificate of Review concluded the proposed initiative would be unenforceable and indefensible if voters approved it. Under then-controlling Roe v. Wade and Planned Parenthood v.…
Can Tennessee constitutionally limit which surname goes on a newborn's birth certificate?
Yes. The AG concluded that § 68-3-305 likely survives a First Amendment challenge because a birth certificate is government property in a limited or nonpublic forum, and restrictions there only need…
Can a Florida part-time law enforcement officer also work simultaneously for a second Florida law enforcement agency without violating the constitutional ban on dual officeholding?
The letter did not decide the requester's two positions because he supplied no description of their duties. If both positions carry sovereign powers such as warrantless arrest and firearm authority,…
What are Arizona police allowed to do under SB 1070 when they suspect someone is in the country without authorization?
The AG laid out a model policy: officers may check immigration status during a lawful stop if reasonable suspicion exists, but may not prolong the stop to do so, may not use race or ethnicity as the…
Is the 25% signature requirement for recalling an Arkansas mayor under § 14-42-119 unconstitutional because it exceeds Amendment 7's 15% threshold for local initiatives?
No. The AG opined that Article 5, § 1 (Amendment 7) governs only initiated legislation, while § 14-42-119 governs municipal recall elections that merely execute a statutory removal procedure. The…
Does Tennessee require school districts to lease vacant property to charter schools, or just offer it?
An LEA with underutilized or vacant property must list it and make it available for use by charter schools, in the sense of putting it on the market. But the LEA is not forced to sign a lease unless…
After the 2012 Mining Law gave Maine's Department of Environmental Protection broad rulemaking authority over metallic mineral mining, did DEP also have authority to adopt rules categorically banning mining on state-owned land?
No. The 1985 Mining on State Lands subchapter (Title 12 §§ 549-549-C) gives the agency holding the state land, in consultation with the Director of the Survey, jurisdiction over mining on that land.…
Does a Texas special education video surveillance request cover one classroom or the whole district?
The Texas Education Agency asked the AG how to read section 29.022 of the Education Code, the 2015 law requiring video cameras in certain special education settings on request by a parent, trustee,…
Could a South Carolina disability services commission prohibit its members and staff from recording an open meeting?
The 2016 AG read the FOIA phrase “any person in attendance” to include commissioners and board members at an open meeting. It predicted a court would be reluctant to uphold a blanket recording ban,…
Could the Georgia Department of Revenue impose an administrative cap on Forest Land Protection Act assistance grants when the formula produced grants larger than the actual current-year revenue loss?
No. Both the Georgia Constitution and the FLPA statutes set out the assistance-grant formula in detail, including the use of the 2008 base-year fair market value. Neither authorized or contemplated…
How would a South Carolina special purpose fire district choose its Firemen’s Insurance and Inspection Fund trustees?
The 2016 AG predicted that Langley Water Sewer and Fire District would be treated as an unincorporated community for this fund’s board composition. It therefore pointed to the…
Does Virginia's 2015 amendment giving private police departments 'law-enforcement officer' status actually grant them police powers?
The AG concluded the 2015 amendment to § 9.1-101 did confer law-enforcement powers on qualified employees of authorized private police departments, so long as those employees met all DCJS training…
Must a Virginia county with a county-administrator form of government create a citizen-appointed library board to qualify for state library aid?
Yes. The AG concluded that Va. Code § 42.1-35, which requires a local library board appointed by the governing body, applied to Roanoke County. The county-administrator charter did not create an…
Could an abortion in New York performed after 24 weeks be lawful when the fetus was not viable, or when the procedure was needed to protect the pregnant woman's health, even though the Penal Law's text only excused abortions necessary to save her life?
Yes. AG Schneiderman concluded that to remain consistent with the federal Constitution as interpreted by the U.S. Supreme Court, Penal Law § 125.05 had to be read as containing implicit exceptions…
Can the Mayor of Rialto sue another city council member in quo warranto to remove him on the ground he didn't live in the city when reelected?
No. The AG denied leave to sue in quo warranto. Council member Palmer's sworn evidence (voter registration change, candidate filing, driver's license, photographs of his upstairs residence) and the…
Is the State of Texas on the hook if a city pension system can't pay its obligations?
State Representative Jim Murphy, chairing the House Corrections Committee, asked the AG whether the State of Texas must assume liability if one of the municipal retirement systems created under…
Who had to approve a South Carolina sheriff’s office records retention schedule in 2016?
The 2016 AG concluded that the sheriff and the state Archives director had to approve the sheriff’s records retention schedule. It said county council approval was neither required nor authorized…
Can an Arkansas sheriff issue a blanket denial of a FOIA request for records about an employee's alleged harassment, and does the employee's resignation unlock those records?
The AG could not decide whether particular unseen records had to be released. She said blanket denials are ordinarily inconsistent with the FOIA when exempt information can be segregated.…
Can a city council member who serves on a redevelopment successor agency board exercise a right of first refusal from a pre-office lease to buy property in the former redevelopment area?
No. Exercising a pre-office right of first refusal counts as 'acquiring' a property interest under Health and Safety Code § 33130(a). A successor agency board member is barred from acquiring…
Can a private school in Arizona allow non-police employees to carry concealed firearms on campus?
Yes. The AG concluded that neither Arizona law nor the federal Gun Free School Zones Act stops a private school from letting CCW permit holders carry concealed handguns on campus, or from securely…
What did the Idaho Attorney General's 2016 review of the proposed Idaho Medical Marijuana Act flag as legal problems before the petition could be circulated, even though the AG took no position on the policy?
AG Wasden's 2016 Certificate of Review identified numerous drafting and substantive problems: the proposed chapter would be enacted under an Idaho Code citation already in use; some defined terms…
When a director of the Metropolitan Water District of Southern California recuses for a conflict, do the rest of that constituent agency's votes still get cast, or does the recusal kill those votes?
A legally disqualified MWD director is treated as not present for that vote. The constituent agency's votes are then shared equally among the other qualified representatives who are present, not…
Could Oconee County validate a ground lease and settle disputed airplane property taxes without a public hearing?
The 2016 AG maintained that a public hearing was mandatory for a county ordinance leasing county land. It declined to decide whether the disputed lease or lawsuit dismissal unlawfully forgave taxes;…
When did Virginia's 2016 pickup truck personal-property tax exemption start applying, and did the timing create unconstitutional unequal taxation?
The AG concluded that the new pickup-truck personal-property tax exemption (effective July 1, 2016) did not apply to qualifying vehicles taxable in the locality as of January 1, 2016. Those vehicles…
Can a Virginia animal control officer decide not to seek a dangerous-dog summons after a bite if a statutory defense might apply?
Once an animal control officer had objective reason to believe a dog had bitten, attacked, or injured a person, § 3.2-6540 made it mandatory to apply to a magistrate for a summons. The statutory…
Can a Virginia county tax boats by charging a license fee instead of personal property tax?
No. The AG concluded that counties had no authority under Virginia law to impose a license fee on boats in lieu of personal property taxes. The General Assembly had expressly authorized local…
Does Virginia's $1 open-space recordation fee on 'deeds' apply to deeds of trust and leases?
Yes. The AG concluded that 'deed' in § 58.1-817 carries its established legal meaning, any signed, sealed, and delivered instrument conveying some interest in property. Deeds of trust and leases…
When must the Virginia Compensation Board start paying local jails back for medical costs of state-responsible inmates?
The Compensation Board's policy of starting reimbursement on day 91 was inconsistent with § 53.1-20.1, which makes the state responsible beginning on day 61 after notice of the commitment order. The…
Can a retired Virginia judge who has taken his name off the Supreme Court's recall list still officiate weddings without posting a bond?
Yes. AG Herring concluded that Va. Code § 20-25 lets any 'retired judge or justice of the Commonwealth' celebrate marriages without bond or order of authorization, including a judge who has…
When a Virginia brewery fills a refillable beer growler with beer, is that growler 'factory sealed' so it's exempt from local meals tax?
Yes, if the brewery itself seals and sells the growler for off-premises consumption. AG Herring concluded that for purposes of Va. Code § 58.1-3840(B)'s meals-tax exemption, 'factory sealed' means…
Must Tennessee court clerks actually destroy paper records of dismissed charges when granting a partial expungement, or just delete database entries?
Yes, court clerks must destroy public records relating solely to dismissed or acquitted charges when granting a partial expungement under Tenn. Code Ann. § 40-32-101(j). Records that cover both…
Who picks the executive director of the Georgia Board of Nursing, the Board itself or the Secretary of State?
Both, in different roles. The Secretary of State chose which qualified candidates to submit to the Board for approval, and the Board had the authority to approve or disapprove from those candidates.…
Can a registered Tennessee sex offender enter a government office for services when the office sits within 1,000 feet of a school or park?
Maybe. A sex offender whose victim was a minor generally cannot be within 1,000 feet of schools, parks, day cares, or similar locations when children are present. But the 'any other legitimate…
Do teacher-led activity programs like GoNoodle satisfy Tennessee's K-6 'non-structured physical activity' requirement?
No, to the extent those programs are structured (teacher-led, coordinated, or tied to instruction), they don't satisfy Tenn. Code Ann. § 49-6-1021's requirement of 'non-structured' physical activity…
Is Florida's Tampa Port Authority a 'public entity of the state' under FAA rules so that it can run an unmanned-aircraft systems test site?
Yes. Attorney General Pam Bondi formally certified to the FAA that the Tampa Port Authority is a 'public entity of the state' for purposes of the FAA's Unmanned Aircraft Systems Test Site selection…
Could a Maryland district judge sign a warrant to search a cellphone or track its location?
It depended on the request. The Attorney General concluded that a district court judge could sign a warrant for physically searching a phone or an order for live location tracking. Wiretaps,…
Can an Arkansas state agency release a former employee's personnel records under FOIA, and what specific information must be redacted to protect personal privacy?
The AG concluded that the personnel records of the DF&A employee at issue are properly classified as personnel records and are subject to release, but specific additional redactions of…
Could Darlington require its municipal judge to retire by the end of the fiscal year in which the judge turns 72?
The 2016 AG predicted a city council lacked authority to impose an age 72 retirement rule on a municipal judge. State law gave councils appointment powers but had not authorized this retirement…
Did South Carolina retirees have a contractual right to pension benefits and annual cost of living adjustments in 2016?
The 2016 AG predicted that core retirement benefits could be contractual, but that a court might treat annual cost of living or benefit adjustments differently. It stressed that the South Carolina…
What voter registration information did South Carolina’s AG say could be released to a qualified elector in 2016?
The 2016 AG predicted the voter registration statute made application information public except for Social Security numbers. It treated that specific disclosure rule as controlling over general FOIA…
Are Arkansas child maltreatment investigation records and the related probable cause reports exempt from disclosure under the Freedom of Information Act?
Yes. The AG concluded that Ark. Code Ann. § 12-18-104 prohibits release of the entire record of a child maltreatment investigation, including data collected by local law enforcement (sheriffs and…
Can the board of a rural Arkansas fire protection district formed in 1982 raise its maximum assessable levy using the 2015 amendments without a new vote of property owners?
Yes. The AG concluded that Act 1234 of 2015 (codified at Ark. Code Ann. § 14-284-206(b)) applies to fire protection districts formed both before and after 2015, including one formed in 1982. The…
Can the public force the Tennessee State Museum Foundation to reveal its donors' names and gift amounts under the Public Records Act?
No. The Tennessee State Museum Foundation is a private 501(c)(3) nonprofit, not a state agency. It receives no government funding and is not under government control, so it does not meet the Memphis…
After the Virginia Supreme Court invalidated McAuliffe's blanket rights-restoration order, did the Richmond Electoral Board have to strike a school-board candidate whose registration was retroactively cancelled?
No. The AG concluded that a school board candidate's qualifications are tested at the time of election under § 22.1-29, not at qualification. The electoral board did not have to strike a candidate…
Does an Arkansas county have to use competitive bidding when it leases (rather than buys) equipment under the county purchasing statutes?
No. The AG concluded that a true lease (a simple rental agreement that does not give the county any ownership option in the equipment) is not a 'purchase' under Ark. Code Ann. § 14-22-101's…
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Two states are not listed and are not pending: New Hampshire publishes its opinions on a page that automated retrieval cannot read, and Rhode Island publishes no complete full-text archive at all. We will add them if that changes.