State AG Opinions

Free state attorney general opinions with plain-English summaries, full citations, and the original source on every page.

21,776 opinions and counting · 35 states and DC · Updated October 27, 2026
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SC

Could a Lee County auditor also serve as a nonvoting adviser to the county archives commission?

The 2016 South Carolina AG said yes for the described advisory seat. County auditor was an office, but this nonvoting role lacked the powers and other features of a second office.

June 1, 2016
AR

Are oil and gas Division Orders that companies share with county assessors public records under Arkansas FOIA?

The AG concluded that a court would very likely treat Division Orders given to Arkansas county assessors as exempt from FOIA disclosure under the competitive-advantage exemption, because releasing…

May 31, 2016
SC

Could Meeting Street Elementary run schools of choice at both Brentwood and Burns under the 2016 South Carolina opinion?

The 2016 AG predicted that the proposed Burns location and existing Brentwood location would count as one school of choice at two sites under their shared partnership, despite separate codes and…

May 31, 2016
SC

Could a South Carolina town council remove one of its own members from a meeting?

The 2016 AG modified its earlier answer and said a municipal council likely had inherent legislative power to remove a member from a meeting. It warned that use of this power must respect First…

May 31, 2016
TX

Can a Texas public university contract with a company a regent has a financial stake in?

A state senator asked the AG to reconcile two Texas statutes that seemed to contradict each other on whether a public university could contract with a business in which a member of its governing…

May 27, 2016
TX

Who owns the interest an appraisal district earns while holding a county's tax money?

A county attorney asked who owns the interest an appraisal district earns while holding county property taxes it collected, whether past interest must be paid back, and whether the county tax…

May 27, 2016
AR

Can an Arkansas school district donate an unused school building to a nonprofit community center?

The AG concluded that Greenland School District could donate the former Winslow school property to a local nonprofit for community and after-school programs without violating the Arkansas…

May 26, 2016
TN

What gave the Tennessee Attorney General authority to investigate a sitting member of the General Assembly (Representative Jeremy Durham), and can the legislature shut that down if it disagrees with how the AG handles it?

The AG's authority came from a resolution of an Article II, Section 12 Ad Hoc Select Committee of the House of Representatives. The committee acted under the House's constitutional power to…

May 26, 2016
SC

Could Marlboro County use county transportation funds for lake parking and fencing?

The 2016 AG doubted that county transportation funds could pay for parking-lot resurfacing and fencing at a state-owned lake. It considered a public benefit likely but found little connection to the…

May 24, 2016
TX

Can a Texas county give money to the Boys and Girls Club or another nonprofit?

A county auditor asked whether a county could give financial assistance to the Boys and Girls Clubs without violating the constitutional ban on gifts of public funds in article III, section 52 of…

May 23, 2016
TX

When does a Texas county judge qualify for the state salary supplement?

A county auditor asked what counts as a 'judicial function' so a county judge may claim the state salary supplement under Government Code section 26.006, which gives the judge a supplement equal to…

May 23, 2016
WV

If a state employee on 'arrears pay' is appointed to fill a vacant elected office, like State Auditor, do they get switched to 'current pay'?

No. The AG read W. Va. Code § 6-7-1 to require arrears-pay status for everyone hired into state government after July 1, 2002, with one carve-out for 'elected officials.' That exemption does not…

May 23, 2016
AR

Is a nonprofit hospital that leases a county facility subject to the Arkansas FOIA?

The AG concluded that on the facts presented, the North Arkansas Regional Medical Center's nonprofit operator was not wholly subject to the FOIA because there was no direct public funding of its…

May 20, 2016
AR

Does the county treasurer take a 2% commission on prisoner commissary and telephone profits before they reach the sheriff's communications fund?

The AG concluded that yes, Ark. Code Ann. § 21-6-302 unambiguously requires county treasurers to collect a 2% commission on all funds coming into their hands as treasurers (with limited statutory…

May 20, 2016
AR

Can a regional planning and development district charge a percentage administrative fee on grants it disburses?

The AG concluded that no, Arkansas's economic planning and development districts have no express or necessarily implied statutory power to charge grantees an administrative fee, and they cannot…

May 20, 2016
SC

What would South Carolina Senate Bill 229 have meant for private pollution lawsuits?

The 2016 AG said the proposed bill expressly sought to eliminate a private right of action under the Pollution Control Act, subject to its stated exception. The opinion discussed the bill's effect…

May 19, 2016
AR

Can a county buy land from a company partly owned by a county official?

The AG concluded that no, the Arkansas county ethics code at Ark. Code Ann. § 14-14-1202 forbids county officials from being directly or indirectly interested in county transactions, and the waiver…

May 18, 2016
TN

Does Tennessee's 'sole supplier' exception let a county official contract with the county when his business is merely doing business in the county, and must an official who violates the conflict statute give back all the money he was paid?

The sole-supplier exception applies only when the county official's business is located in the county, not when it merely does business there. And under Tenn. Code Ann. § 12-4-102, an official who…

May 18, 2016
TX

Can a Texas river authority ban open carry of handguns in its parks?

No. The AG concluded that the broad rulemaking power a river authority has over its water-related parks (Parks and Wildlife Code chapter 25) does not let it ban the open carry of handguns, because…

May 18, 2016
TX

Can a Texas DA spend asset-forfeiture money to investigate a juvenile detention center?

The AG did not give a yes-or-no answer because it turns on the facts. The AG explained that under article 59.06 of the Code of Criminal Procedure a prosecutor may spend asset-forfeiture funds only…

May 17, 2016
TX

Does Texas have to follow federal refugee-funding rules that aren't in the statute?

On the first question, the AG concluded that a court would likely treat any condition on federal refugee money that does not appear in the text of a federal statute as unenforceable, because the…

May 17, 2016
SC

Did a missed website agenda posting invalidate Duncan's 2015 town referendum?

The 2016 AG predicted that a court would likely treat the omission as technical and uphold the vote if the town substantially complied with notice rules in good faith and the error did not affect…

May 17, 2016
SC

Did South Carolina scrap dealers need a fresh seller signature and ID copy for each metal purchase?

The 2016 AG said nonferrous-metal transactions required a signed ownership statement and photocopy of acceptable ID each time; a current seller photograph could remain on file. Vehicle transactions…

May 17, 2016
WA

Can a Washington state agency lobby the legislature for budget items the governor's office didn't include?

The AG concluded that the Public Works Board has authority under RCW 42.17A.635 to provide the legislature with information about Board business and to advocate for the Board's official positions…

May 16, 2016
AR

When a city releases a former employee's personnel file under FOIA, what gets redacted and what about disciplinary letters?

The AG concluded that the City of Little Rock's redacted release was consistent with the FOIA. Most documents were properly personnel records subject to disclosure, but a March 2015 disciplinary…

May 13, 2016
AR

Why did the Arkansas AG reject a casino ballot title under § 7-9-107?

The AG rejected the May 12, 2016 submission of a three-county casino constitutional amendment because the underlying text contained ambiguities and the ballot title failed to completely summarize…

May 12, 2016
SC

Who had authority to appoint Pickens County members of the Tri-County Technical College commission?

The 2016 South Carolina AG predicted that the Pickens County legislative delegation, rather than county council, held appointment authority under the specific technical-college statute.

May 12, 2016
AR

Why did the Arkansas AG substitute a popular name but reject the ballot title for a lobbyist-gifts and campaign-finance amendment?

The AG substituted a corrected popular name (and certified that) for the proposed constitutional amendment that aimed to prohibit lobbyist gifts to certain officials, ban contributions from…

May 11, 2016
AR

When a city's records custodian responds to a media FOIA request about a former employee, how does the AG check the release decision?

The AG concluded that the City of Camden custodian's release decision was consistent with the FOIA for some documents but inconsistent for others. The opinion's bigger lesson is procedural: a…

May 10, 2016
TX

Can a Texas city regulate the propane (LPG) industry with its own ordinance?

The AG concluded that section 113.054 of the Natural Resources Code preempts and supersedes a city's or other political subdivision's LPG ordinances across the board: it does not matter whether the…

May 10, 2016
TX

Is the Texas crude oil production tax still in effect after SB 757 and HB 7?

The AG concluded the tax was gone. Senate Bill 757 expressly repealed the Natural Resources Code section that levied the three-sixteenths-of-a-cent-per-barrel tax on crude oil. A week later, House…

May 10, 2016
VA

Did Virginia's ban on sex discrimination cover discrimination against LGBT people?

The AG concluded that Virginia's anti-discrimination statutes most likely prohibited discriminatory conduct against LGBT Virginians when that conduct was based on sex-stereotyping or on treating…

May 10, 2016
TN

Does Tennessee's rule that wholesalers must offer the same discounts and pricing terms to all retailers mean wholesalers cannot extend 10-day credit to liquor stores, because grocery store wine licensees must pay on delivery?

No. The AG harmonized the three statutes: the general price-uniformity rule in Tenn. Code Ann. § 57-3-404(i) is subject to the more specific credit-sales rules in § 57-3-404(g) (10 days for…

May 9, 2016
TX

Can Texas fix a sales-tax election that pushed an area over the 2% local cap?

The AG concluded there was no statutory fix. A Montgomery County emergency services district held an election to add a half-percent sales tax but did not exclude an economic development zone where…

May 9, 2016
TX

Who pays to move a body from an autopsy to the funeral home in Texas?

The AG concluded that the cost of transporting a body from a justice-of-the-peace-ordered autopsy to its final destination generally falls on the person with the legal duty to inter the deceased, or…

May 9, 2016
TX

Can a physical therapist do dry needling in Texas?

The AG concluded that a court would likely uphold the Texas Board of Physical Therapy Examiners' authority to determine that trigger point dry needling falls within the scope of practice of physical…

May 9, 2016
DE

Can a town make you view public meeting minutes only at a town clerk's private home?

No, according to this opinion. A resident asked the Town of Little Creek for Town Council meeting minutes. The AG found the Town wasn't required to post minutes online, but did violate FOIA's…

May 9, 2016
FL

Did Florida's AG ask the state Supreme Court to review the proposed 'Voter Control of Gambling' constitutional amendment?

Yes. The AG's filing was the statutory petition required by Article IV, section 10 of the Florida Constitution and section 16.061, Florida Statutes. It asked the Florida Supreme Court for an…

May 6, 2016
TN

If a Tennessee security guard pleads guilty under judicial diversion, does that trigger the Private Protective Services Act's mandatory notice and automatic license revocation?

No to the automatic-revocation provision. The AG concluded a guilty plea under judicial diversion is not a 'conviction' under Tenn. Code Ann. § 40-35-313, so the notice and automatic-revocation…

May 6, 2016
CA

If a school district’s employment contract with its superintendent provides an annual cash allowance in lieu of medical benefits that the superintendent would otherwise receive, may the district expend an equivalent annual sum for each school board member to purchase an individual whole life insurance policy in lieu of medical benefits that each board member would otherwise receive?

No. The AG concluded that a school district could not buy individual whole life policies for its board members in place of medical benefits, even if the superintendent received an equivalent cash…

May 6, 2016
SC

Could someone serve on both Cherokee County Council and the Macedonia Fire District Board?

The 2016 South Carolina AG said no. It treated both the county council seat and the fire district board seat as public offices, so concurrent service would violate the state dual-office rule.

May 6, 2016
SC

Could Clemson hold a second alcohol-sales referendum less than four years after its 2014 vote?

The 2016 AG said Clemson needed a new combined referendum question to authorize Sunday off-premises beer and wine sales, and had to wait the statutory forty-eight months. Calling it by council…

May 6, 2016
TN

When a Tennessee school board hires an outside search firm to find a new director of schools, do public records and open meetings laws apply to the firm's work?

Records the firm gathered about candidates for the school board were public records under Tenn. Code Ann. § 10-7-503(f) and had to be open for inspection. Whether the firm's own meetings fell under…

May 4, 2016
OR

Did Oregon's law banning 'electioneering' within 100 feet of election offices violate the state constitution's free speech protections?

Likely yes. The AG concluded that ORS 260.695(2), which prohibited 'electioneering' near election offices for the entire weeks-long ballot return period, likely violated Article I, section 8 of the…

May 4, 2016
FL

Does Florida law let a court terminate a rapist's parental rights to a child conceived through sexual battery?

Yes. Section 39.806(1)(m), Florida Statutes, adopted in 2013, lets a court terminate parental rights when clear and convincing evidence shows the child was conceived through unlawful sexual battery…

May 4, 2016
AZ

Can a single Arizona Corporation Commissioner demand that a regulated utility hand over records of its political contributions, lobbying spend, and corporate structure, including for affiliates?

An individual Commissioner may inspect a public service corporation's books, papers, and documents under § 40-241, including records of political and charitable contributions and lobbying.…

May 4, 2016
TX

Can a senior get a Texas property tax deferral on a home that's also used for business?

The AG concluded that section 33.06 of the Tax Code lets a qualifying owner (age 65 or older, or disabled) defer property taxes on a residence homestead, and that an appraisal district may grant the…

May 3, 2016
TX

Can the Texas Board of Professional Geoscientists accept a voluntary license surrender?

The AG concluded that a court would likely find the Texas Board of Professional Geoscientists has implied authority under chapter 1002 of the Occupations Code to accept a licensee's unilateral,…

May 3, 2016
SC

Could Orangeburg fund street and sidewalk repairs at South Carolina State University?

The 2016 AG said Orangeburg could provide financial assistance to the public university for campus street and sidewalk repairs. It found both a public purpose and a municipal corporate purpose in…

May 3, 2016
SC

Did the Home Rule Act wipe out the laws governing special purpose districts?

The 2016 AG said no. It predicted that a court would not treat home rule as silently repealing the state code provisions on special purpose districts where the legislation did not specifically…

May 3, 2016
SC

Could a South Carolina coroner candidate get extra time to finish a forensic-science program?

The 2016 AG said no waiver was provided for the one-year completion limit if a candidate used the forensic-science program route. A candidate could instead satisfy one of the statute's other…

May 3, 2016
TX

Can a Texas county auditor audit a sheriff's accounts, including bail bond, commissary, and forfeiture funds?

The AG concluded that even though a Texas county sheriff may keep some money (cash bail bonds from cases not yet filed, inmates' personal funds, and prepaid phone-card revenue) outside the county…

May 2, 2016
TX

Can Texas route federal RESTORE Act Gulf oil spill money through the state appropriations process and treasury?

The AG concluded that a 2015 Texas budget rider requiring RESTORE Act funds (the Gulf Coast restoration money from Deepwater Horizon spill penalties) to be deposited in the State Treasury and run…

May 2, 2016
SC

Who set and collected the Richland County Recreation Commission's property-tax millage?

The 2016 AG said the legislature set the commission's base millage at its 1998 levy; the county auditor levied it and treasurer collected it. An increase required a district referendum or county…

April 29, 2016
SC

Did South Carolina agricultural commodity boards have to follow the state procurement code?

The 2016 AG concluded that commodity boards were exempt from the general procurement code when spending farmer assessments under the more specific Marketing Act. It said the boards could decide how…

April 28, 2016
AR

Why did the Arkansas AG reject both the popular name and the ballot title for a lobbyist-gifts and campaign-finance amendment?

AG Rutledge rejected the popular name because several phrases could mislead voters about existing lobbyist-gift and disclosure law, and rejected the ballot title for failing to explain the…

April 26, 2016
AR

Did the Arkansas AG certify a 2016 ballot title legalizing recreational and medical marijuana plus industrial hemp?

AG Rutledge certified the popular name as submitted and substituted a corrected ballot title for sponsor Mary L. Berry's 2016 initiated constitutional amendment that would have regulated industrial…

April 25, 2016
TX

How many design-build highway contracts can TxDOT sign, and what's the minimum project cost?

The AG concluded that under section 223.242 of the Transportation Code, the Texas Department of Transportation may enter into a design-build contract for a highway project with a construction cost…

April 25, 2016
TX

Can a Texas county use license-plate cameras to catch and fine uninsured drivers?

The AG concluded that a court is likely to find Texas counties have no authority to use an automated photographic system, like the license-plate-reader 'insurance enforcement' setup a vendor pitched…

April 25, 2016
SC

Could South Carolina parents use the health-education opt-out for sexual-abuse prevention lessons?

The 2016 AG said the parental exemption likely covered lesson material within the statute's specified health topics. It found no apparent opt-out for abuse-prevention instruction outside those…

April 25, 2016

How these opinions are useful

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  • Government guidance: Often clarify how state agencies and officials should interpret statutes.
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