State AG Opinions
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Can a West Virginia county commission accept funds from a private oil-and-gas industry group to digitize and put online the county's property and mineral records, with the records remaining freely available to the public?
Yes, with the same conditions the AG laid out in its July 11, 2013 Tyler County opinion. The donation must benefit the county or commission as a whole (not any individual official), no private party m…
Can Arkansas poll workers using electronic poll books take voter ID steps out of the order in A.C.A. § 7-5-305?
Yes. The statute lists steps that must occur before voting but doesn't dictate their order. The State Board of Election Commissioners has interpreted the statute that way in its training materials, an…
Can the Tennessee Commissioner of Education waive the rule requiring TCAP test scores to count as 15 to 25 percent of students' final grades?
Yes. The Commissioner has waiver authority under § 49-1-201(d)(1), and § 49-1-617's TCAP-in-final-grade rule is not 'federal and state student assessment and accountability' under the (d)(1)(J) waiver…
If a Texas city has a zero property tax rate, can voters still force a rollback election?
The AG concluded yes on both counts. Under section 26.07 of the Tax Code, a city whose rollback rate is zero (because it stopped levying property taxes) that then adopts any rate above zero triggers t…
Can a Texas county juvenile board adopt a personnel manual for its probation department?
The AG concluded yes. Even though a special statute exempts the Rockwall County Juvenile Board from some of the general policy provisions that apply to other county juvenile boards, that exemption doe…
If Tennessee swept regulatory board fees into the general fund, would those fees become taxes that require new legislation?
No, not for relatively small transfers. The fees still serve a regulatory purpose. The General Assembly can sweep them into the general fund via § 4-3-1016's notwithstanding clause without re-characte…
Is the portion of Tennessee's $350 expungement filing fee that goes to the state general fund actually a tax?
No. Even though $145 of the $350 fee goes to the general fund, the statute earmarks it 'to implement this subsection.' Tennessee spent far more on criminal justice than the fee generates, so the gener…
Under Arkansas's Public School Choice Act of 2013, does a district that previously declared exemption automatically remain exempt if it fails to give annual notice?
The statute is silent. A district subject to a federal desegregation order is barred from school-choice participation regardless of notice. Beyond that, the AG could not say; legislative clarification…
When a Virginia electoral board seat opens up mid-term, does the recommendation go to the political party of the new Governor or the prior Governor?
The new Governor's party. The opinion concluded that an appointment to fill the unexpired term of a Virginia local electoral board member must reflect political party representation based on the most …
If a Virginia school board member is already in office when her spouse is elected to the board of supervisors, does the anti-nepotism statute force her to resign?
No. The opinion concluded that § 22.1-30 applies to school board appointments made by a school board selection commission (not just those made by the local governing body), but the prohibition only ba…
When my manufacturer buys used equipment at a bankruptcy sale, do I report 'original cost' for Virginia machinery and tools tax based on what I paid, or what the original owner paid?
The original purchaser's cost, not what the current owner paid. The opinion concluded that 'original cost' as used in § 58.1-3503(A)(17) and 'original total capitalized cost' as used in § 58.1-3507(B)…
Can a Tennessee city buy water from, or join, a water commission organized in another state?
Yes to both. Tennessee's Interlocal Cooperation Act authorizes a city to contract with another state's political subdivision for water services, and (assuming the other state allows it) to become a me…
Can Tennessee courts qualify jurors and assign jury-service dates online?
Yes. Title 22's summons statutes expressly allow an 'alternative' method by which jurors may respond, which covers an online portal for qualification and scheduling.
How does a $55,000 deposit with the county judge work for vehicle financial responsibility in Texas?
The AG answered several questions about using a cash deposit, instead of auto insurance, to meet Texas's vehicle financial-responsibility law. A separate deposit of at least $55,000 must be made with …
Can an Arkansas A&P Commission member whose term has expired but who keeps serving still vote on appointments, including their own reappointment?
A holdover A&P Commission member is a de facto officer whose votes are valid. The member can vote to fill another commissioner's seat and to reappoint a fellow holdover, but should recuse from voting …
Is the fireworks-sales exception for small municipalities in Tennessee's largest counties limited to specific businesses or available to anyone in those cities?
Not limited. The exception in Tenn. Code Ann. § 68-104-112(a)(4) applies to any seller in a qualifying municipality (population 600-620 per the 1980 census, in counties over 335,000 per 2010 census, t…
Can a property owner in an Arkansas suburban improvement district pay the full assessment in a lump sum, or must they pay over time in annual installments?
The general SID statute does not universally forbid prepayment, and a related provision explicitly contemplates prepayments. Whether prepayment is allowed in a specific district can depend on the orde…
Does an Arkansas public employee have to try voluntary mediation before suing under the Whistleblower Act, and can civil-service rules block a whistleblower lawsuit?
No to both. Voluntary mediation under the WBA is opt-in, not a prerequisite to filing suit. And a civil-service rule that bars an administrative appeal of a particular adverse action does not block a …
Can a private vendor use a non-disclosure clause to keep its contract terms and pricing secret from public records requests in Florida?
The AG gave general comments rather than ruling on the specific case, since it cannot comment on another agency's actions without that agency's request. Florida's Public Records Act is read broadly in…
Can Tennessee physical therapists perform trigger-point dry needling under their existing license?
No. Dry needling involves inserting filiform needles for therapeutic purposes, which the AG concluded was too close to acupuncture (a branch of medicine) to fit within Tennessee's physical-therapy sta…
Did the Arkansas AG approve the ballot title for David Dinwiddie's 2014 proposal to create a blanket primary system?
No. The AG rejected the proposal entirely because a partisan blanket primary violates the First Amendment associational rights of political parties under California Democratic Party v. Jones (2000). A…
Can a Florida city guarantee a private company's loan as an economic development incentive?
The AG advised that section 166.021(8) assigns a public purpose to spending public funds to attract and keep businesses, and its definition of 'economic development incentives' includes loan guarantee…
Does every private contractor that signs a contract with a Florida public agency have to follow the Public Records Law?
No, not automatically. The AG concluded that section 119.0701's public-records requirements apply only to contractors who both contract with a public agency and are 'acting on behalf of' that agency, …
Can a Florida sheriff use contraband forfeiture funds to pay for a private-security crime-prevention pilot program?
Yes. The AG concluded that special law enforcement trust fund money under the Florida Contraband Forfeiture Act can pay for a time-limited pilot program using private security personnel to patrol high…
Can a Florida town make a code violator pay the fees it pays its special magistrate as 'costs'?
No. The AG concluded that section 162.07(2), which lets a city recover the 'costs' of prosecuting a code violator, does not cover the compensation a town pays its special magistrate or the magistrate'…
Is it constitutional for Tennessee to require liquor-by-the-drink bars and restaurants to pay wholesalers on delivery while letting package stores keep their 10-day credit?
Yes. SB2415 imposed payment-on-delivery on liquor-by-the-drink licensees and wine-selling grocery stores while letting package stores continue using 10-day credit. Because alcohol is not a fundamental…
Are Texas schools allowed to use Common Core to teach state standards?
The AG concluded that Texas school districts may not use the Common Core State Standards to satisfy their legal duty to teach the state's required curriculum. A 2013 law (House Bill 462) added subsect…
Can a Texas Type B economic development corporation pay for a city's comprehensive plan?
The AG did not give a yes-or-no answer, because whether a specific expense is an authorized project is a fact question the corporation's own board must decide, not the Attorney General. Speaking gener…
Does a public body violate Delaware's open meetings law if the hearing room turns out to be too small for everyone who shows up?
Not necessarily, according to the AG. Delaware's FOIA requires a public body to pick a reasonably sized venue when it knows a meeting will draw a crowd, but it does not require the body to guarantee s…
Could the cities of Springdale and Johnson, Arkansas enter an interlocal agreement to jointly design and do environmental work for a 56th Street widening project?
Yes. The AG approved the interlocal agreement. It met all of the Interlocal Cooperation Act's required elements, designated the Mayor of Springdale as administrator (dispensing with the need for a sep…
When a Connecticut municipality refinances its pension deficit funding bonds, do all the contribution and 'deemed appropriated' rules in § 7-374c(c)(3) carry over, and can refunding proceeds also pay off other municipal debt?
Probably yes, with caveats. The AG concluded the better reading of § 7-374c was that the 'deemed appropriated' provision applied to refunding bonds, even though the statutory text only literally refer…
I just moved to Tennessee. How long can I keep using my old state's concealed-carry permit?
Six months. A new Tennessee resident with an out-of-state handgun permit may rely on it for six months after establishing Tennessee residency. After that, the resident must have a Tennessee handgun ca…
Does Florida law spell out exactly how a tax collector must run a tax certificate sale?
The AG declined to issue a formal opinion because the question was tied up in pending litigation, but offered informal guidance pointing to its 2004 opinion. Section 197.432 authorizes tax certificate…
Can an Arkansas rural fire protection district board raise the assessment caps written into the original petition, or charge different flat fees by commercial property type, without a new election?
No. Act 35 assessments are 'assessments,' not taxes, and the caps written into the founding petition can only be raised by going back to the voters. A district formed before July 3, 1989 (like the one…
Can MEMS (Metropolitan Emergency Medical Services) release the names, job titles, departments, and salaries of all employees under Arkansas FOIA, even when 33 employees object?
Yes. MEMS is subject to Arkansas FOIA. Name, job title, department, and salary are personnel records that must be released unless disclosure would be a 'clearly unwarranted invasion of personal privac…
Is it legal in Florida to record a police officer during a traffic stop on your cell phone?
The AG declined to issue a formal opinion because the matter was in litigation, but gave informal comments. Florida's wiretap law (Chapter 934) protects 'oral communications' where a person has a reas…
Can Texas revoke a company's bingo license because an officer or director has a criminal record?
Not by itself. The AG concluded that Chapter 53 of the Occupations Code does not let the Lottery Commission deny or revoke a corporate entity's bingo-related license based only on a criminal convictio…
Did the Arkansas AG approve the popular name and ballot title for Robert Reed's 2014 Arkansas Hemp and Cannabis Amendment initiative?
The AG approved the popular name 'The Arkansas Hemp and Cannabis Amendment' as submitted but substituted his own ballot title. The substitute clarifies the hemp/cannabis distinction, separates persona…
Can a Texas school district keep employees hired under the small-county nepotism exception after the county grows past 35,000?
Yes. The AG concluded that the nepotism rule in Government Code section 573.041 bars only the appointment of a relative, not the ongoing employment of someone already lawfully hired. So when a school …
What criminal court costs and fees can Texas courts charge on appeal, multiple counts, or multiple warrants?
The AG answered ten questions from the Office of Court Administration about criminal court costs. The clearest answers: a defendant whose municipal-court-of-record conviction is only affirmed by a cou…
Are Arkansas public school districts that run licensed child care centers exempt from carrying general liability insurance, and can DHS exempt them?
The AG declined to opine because the same issues were being litigated in Fort Smith School District v. Beebe (Pulaski County Circuit Court). The office has a longstanding policy of not commenting on m…
Can an Arkansas school board require a two-thirds vote to suspend the rules or call the question, even though state law says a majority of a quorum is enough to pass any motion?
Yes. A.C.A. § 6-13-619(c)(1)(C) sets the minimum vote required to pass any motion, not the maximum. The Little Rock School Board can adopt Robert's Rules of Order and require a two-thirds vote on proc…
Can a person with a felony-equivalent conviction from a foreign country (Canada, UK, etc.) get a concealed pistol license in Washington?
No. The AG concluded that 'or elsewhere' in RCW 9.41.040 reaches foreign-country convictions. If the foreign offense is comparable to a Washington felony or serious offense, the applicant cannot lawfu…
Are applications for the chancery court clerk and master position public records, and can the court seal them to keep them confidential?
Yes, applications are public records subject to inspection under Tenn. Code Ann. § 10-7-503(a). And no, a chancery court has no jurisdiction to seal them just because they are inconvenient; sealing re…
If a West Virginia farmer signed a conservation easement that bans utility lines on his land, can a fiber-optic line still be built across the property to serve other residents?
Maybe. The AG concluded that conservation-easement restrictions are not absolute, and identified at least three statutory paths that could permit a utility right-of-way despite the easement's literal …
Can the Governor of Virginia simply refuse to enforce a law that was passed by the General Assembly and signed into law?
No, absent statutory or enactment-clause authority. The opinion concluded that the Governor of Virginia must enforce valid, duly enacted laws unless the power to delay or suspend enforcement is grante…
Can a Virginia Circuit Court Clerk refuse to perform a statutory duty because the Clerk thinks the statute is unconstitutional?
No. The opinion concluded that a Circuit Court Clerk has no authority to declare a statute unconstitutional or to refuse to perform a ministerial duty because the Clerk personally believes the statute…
Did a Wyoming state employee who served in another state's National Guard qualify for Wyoming's 15 days of paid military leave, and how did that interact with the Governor's differential-pay executive order?
Yes, the employee qualified. Wyoming AG Peter Michael concluded that members of any state's National Guard count as members of the 'United States military forces reserve' under federal law, so they ge…
Can a Washington state agency union negotiate a supplemental pension or retiree health-care plan during contract bargaining?
No. The AG concluded that RCW 41.80.040(5) makes 'retirement plans and retirement benefits' an illegal subject of bargaining for state employees. That covers both supplemental pensions outside state-c…
Under Act 595 of 2013, did Arkansas absentee voters who didn't include photo ID with their ballots have any way to fix the deficiency after election day?
No. Act 595 of 2013 required absentee voters to submit identification with their ballot, and the Arkansas Supreme Court held in May 2014 that the State Board of Election Commissioners had no authority…
Who sets assistant county auditor salaries in Texas, the district judges or the commissioners court?
The AG concluded that the power to appoint assistant county auditors and set their salaries belongs solely to the county's district judges, not the commissioners court. When the district judges proper…
Can a citizen use Delaware's FOIA to get records that a private company holds under contract with a state agency?
Not automatically. According to this opinion, a private contractor's own business records only count as FOIA "public records" if the contractor prepared them to carry out the public agency's own respo…
Are office lottery pools legal in Tennessee?
No, not the kind run by a third party that takes participants' separately purchased tickets and redistributes any winnings. That arrangement is gambling under Tenn. Code Ann. § 39-17-501 and does not …
Does a parent who leaves a child alone in a room with a registered sex offender, while staying in another room of the same house, commit a crime under Virginia law?
Not under § 16.1-228(6). The opinion concluded that a parent or caretaker who leaves a child alone in the same room with a registered sexually violent offender, but who remains within the same residen…
If a Virginia county supervisor takes a temporary out-of-district job for several years but plans to come back, does he automatically lose his seat?
Not automatically. The opinion concluded that a member of a county board of supervisors does not vacate his elected office solely by taking temporary employment that requires him to live outside his e…
Can an Arkansas custodian withhold internal investigation records of an employee who was initially terminated but ended up resigning under a negotiated settlement?
Yes. Because the termination was lifted by settlement and the employee resigned voluntarily, the disciplinary proceeding never reached 'final administrative resolution.' Without finality, the FOIA's f…
When an Arkansas custodian releases a law enforcement officer's termination letter under FOIA, can the custodian redact the terminated employee's name?
No. Once an employee evaluation record meets the four-part test for release, redacting the subject's name is inconsistent with FOIA because the identity is central to the public's compelling interest.…
Do Texas state agencies and universities need State Office of Risk Management approval to buy insurance?
Generally they cannot buy it on their own. The AG concluded that under Labor Code subsection 412.011(e), a state agency subject to Chapter 501 (the state workers' compensation chapter, which defines '…
Does Act 1256 of 1995 (the uniform court costs and filing fees act) tell an Arkansas city how to pay its city attorney?
Not directly. Act 1256 of 1995 is about uniform filing fees and court costs, not about city attorney pay. But the act does require cities to continue funding 'municipal-level programs and agencies' th…
After an Arkansas county court approves a landowner's petition to annex land into a city, does the city have a deadline to accept or reject the annexation?
No. The annexation only becomes effective when the city council passes an ordinance or resolution accepting the territory. But Arkansas statutes do not impose any time limit on when the city must act,…
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