State AG Opinions
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Could a coroner obtain an unfounded child-abuse case file from South Carolina DSS?
The 2016 AG said a coroner was not a law-enforcement officer under the DSS disclosure exception, but could subpoena relevant unfounded case information in a child-death investigation, with law…
Could South Carolina's Legislative Audit Council audit Greenville Health System's fundraising office?
The 2016 AG said the council lacked authority to audit Greenville Health System's Office of Philanthropy and related controlled fundraising organizations. It treated the health system as a local…
Can a New York county let voters fill out their voter registration application online and sign it electronically, instead of using a paper form and pen-and-ink signature?
Yes, with limits. AG Schneiderman's office concluded that the Election Law does not require a wet-ink signature, so a registrant can sign electronically. But the electronic signature must look like…
When did ordinary laws passed by Kentucky's 2016 General Assembly take effect?
The Attorney General concluded that ordinary 2016 Kentucky session laws took effect at the first moment of Friday, July 15, 2016. General appropriation bills and acts with emergency or delayed…
Can an Arkansas state employee prevent release of her job application by asking that personal information stay private?
Her request alone did not prevent release. The AG concluded that the custodian's decision to release her job application as redacted was consistent with the FOIA. The opinion does not identify which…
Is an Arkansas state employee's job application a public record that must be released as redacted under the FOIA when the employee asks for review?
Yes. The AG concluded that the custodian's decision to release the job application as redacted was consistent with the FOIA. The opinion treats a job application as a public record and a personnel…
Can an Arkansas state employee block a FOIA request for their job application and resume, including the names and addresses of their previous employers?
No. The AG concluded that a public employee's job application and accompanying resume are 'personnel records' under the FOIA, and a release that has been properly redacted does not amount to a…
Can a city release a redacted record of disciplinary-interview conversations about a city supervisor who received a three-day suspension, over the supervisor's objection that witnesses will be identified?
Yes. The AG concluded that the interview-conversation record was an employee-evaluation record under the three-part definition described in the opinion. The record supported a three-day suspension,…
Did the Arkansas Attorney General certify the 2016 proposed constitutional amendment limiting medical-malpractice attorney contingency fees and non-economic damages?
Yes, with one modification. The AG concluded that the ballot title was adequate as proposed but that the proposed popular name was partisan. She substituted the popular name 'An Amendment to Limit…
What did the South Carolina AG initially say about removing an Irmo council member from a meeting?
In April 2016, the AG said Irmo council lacked power to remove a member from a meeting and did not reach whether police could enforce removal. The office modified that conclusion in a May 31, 2016 opinion.
Could a South Carolina auction company sell cars to the public without a dealer license?
The 2016 AG said a public retail car auction company met the dealer definition and needed a license. It also predicted that licensed dealers displaying or selling at an offsite retail auction…
Could armed officers provide security at a South Carolina county absentee-voting office?
The 2016 AG said election managers could summon armed peace officers to county voter registration and election offices while ballots were cast or counted. A majority of managers had to request an…
Could South Carolina restrict mobile veterinary clinics run by nonprofit animal shelters?
The 2016 AG said the General Assembly likely had power to regulate nonprofit shelters through the proposed mobile-clinic bill. It thought the proposal needed clarification of the policy behind its…
Can Virginia legally use compounded drugs from a confidential pharmacy to carry out lethal-injection executions?
The AG concluded that the FDCA and CSA do not bar Virginia from procuring compounded drugs for lethal injection, that the proposed confidentiality protections did not violate federal rights, that…
When can Oregon governing bodies exclude reporters from executive sessions of public meetings, and what counts as a 'representative of the news media'?
Reporters affiliated with institutional news media (paid or contract employees, agents, including bloggers writing for established outlets) cannot be excluded from executive sessions except in the…
Could Damascus city council members be personally sued if they spent city funds the way state law required them to, but the state law later turned out to be unconstitutional?
No. The AG concluded that following a duly enacted state statute is an authorized purpose under ORS 294.100, and that doing so cannot be malfeasance or willful neglect of duty. Public officials are…
Could authorizing daily fantasy sports contests in Connecticut blow up the slot-machine revenue-sharing deals with the Mashantucket Pequot and Mohegan tribes?
Possibly. The AG concluded there is a substantial risk that legislation authorizing daily fantasy sports contests could jeopardize Connecticut's slot revenue-sharing arrangements with the…
Are Washington optometrists allowed to use a corneal burr (a small drill used to remove rust rings from the eye)?
It depends on what the burr does in a specific use. The AG concluded that if a corneal burr removes or penetrates eye tissue to treat disease or enhance cosmetic appearance, that is ophthalmic…
Are Washington physical therapists allowed to perform 'dry needling' (insertion of solid filiform needles into trigger points to treat pain and movement impairments)?
No. The AG concluded that dry needling did not fall within the statutory scope of physical therapy practice in RCW 18.74. The opinion did not take a policy position on whether dry needling should be…
Can a Virginia school board ban speakers at public meetings from criticizing teachers or principals by name?
No. AG Herring concluded that Franklin City School Board rules forbidding speakers from discussing 'personnel concerns,' naming specific school employees, or making 'personal attacks' violate the…
What are the powers and limits of an Arkansas Suburban Improvement District: can property owners prepay their assessment, is the district subject to FOIA, can it waive assessments or rezone lots, and who collects delinquent payments?
The AG concluded that suburban improvement districts are 'agents of the state' and subject to the Arkansas FOIA. A voter list kept by an SID for voting purposes may be a public record, but the AG…
Can an Arkansas employment background-check company use a FOIA request to get a person's district court records, or can the clerk refuse under Supreme Court Administrative Order 19?
Administrative Order 19 applies to the requested court records. Whether a clerk may withhold records depends on the specific request and the order's limits, including its rules for compiled…
Could a California city reserve long-term street parking for residents but exclude people living in larger apartment buildings?
A city could limit long-term preferential parking permits to residents, but it could not distinguish among those residents by housing type. Under the opinion, apartment residents could not be…
Which tax cap limited Fort Mill School District's annual operating millage increase?
The 2016 AG said the district had to use the smaller increase allowed by South Carolina's statewide millage formula or its local school law's six-mill cap. The later statewide laws had not displaced…
If an Arkansas quorum court creates an ambulance service district under Ark. Code Ann. § 14-282-102(e) but the ordinance does not specify how the district will be funded, can voters approve the ordinance anyway?
No. The AG concluded that § 14-282-102(e)(1)(A) requires the ordinance to set forth the method of taxation, either assessment of residents or millage on property in the district. Without that…
Which Charleston school board controlled countywide magnet schools, transfers, and discipline?
The 2016 AG divided powers between the countywide district and its constituent districts. The county board could set multi-district magnet attendance rules, while a student's home constituent board…
Why did the Arkansas Attorney General reject the 2016 proposed constitutional amendment on lobbyist gifts, political action committees, independent expenditures, and campaign contribution limits?
The AG rejected the popular name and ballot title on two grounds. First, the title failed to summarize several substantive sections, especially the new article 19, section 32 defining 'covered…
Why did the Arkansas Attorney General reject the 2016 proposed 'Arkansas Cannabis Restoration Amendment' ballot title?
The AG rejected the proposed ballot title because the text of the underlying amendment contained too many ambiguities for a fair summary to be drafted. Specific defects included: stating that…
Would Tennessee's HB 2414, requiring students to use restrooms matching the sex on their birth certificate, put schools' Title IX funding at risk?
Yes. The AG warned that under the U.S. Department of Education's then-current interpretation of Title IX, requiring a transgender student to use a restroom inconsistent with gender identity is sex…
Why did the Arkansas Attorney General reject Mary L. Berry's revised April 2016 Arkansas Cannabis Amendment?
The AG rejected the popular name and ballot title because the revised proposal kept some old ambiguities and introduced new ones. Section 2's 'shall be lawful' language for cannabis activities was…
Can a police department charge me for the time it takes to review its policy manual for safety-sensitive information before releasing it under a records request?
Yes, according to this opinion, as long as the fee reflects a safety-focused review rather than a legal review of FOIA exemptions, which the statute bars from being charged. The City of New Castle…
Would Virginia's proposed Growth and Opportunity Board, with legislators in the majority and a legislator veto, violate the state constitution?
The AG identified two significant constitutional risks in House Bill 834. The Growth and Opportunity Board's composition gave legislators and their appointees majority control over an…
Is a county solid waste authority a 'state agency' that has to follow state purchasing rules and other state-government procedures?
Not a single yes-or-no. The AG declined to declare county solid waste authorities 'state agencies' for all purposes because the Legislature defines that term differently in different statutes. On…
Can a Tennessee city dissolve, by ordinance, an airport authority it created under the Airport Authorities Act, and can the General Assembly fix the gap by private act?
The AG concluded a municipality lacks both express and implied power to dissolve an airport authority created under the Airport Authorities Act, except in the narrow circumstance covered by Tenn.…
Are paid fantasy sports contests with cash prizes illegal gambling under Tennessee law?
Yes. The AG concluded that fantasy sports contests fall within Tennessee's broad statutory definition of 'gambling' because participants risk an entry fee for a profit whose return is to some degree…
Can Florida take over federal NEPA review for state highway projects from the U.S. DOT?
Yes. The AG certified to the U.S. Federal Highway Administration that Florida law (section 334.044(34), Florida Statutes, created by Ch. 16-181, Laws of Florida) authorizes the Florida Department of…
Did the Arkansas Attorney General certify the 2016 proposed constitutional amendment capping non-economic and punitive damages in medical malpractice cases?
Yes, with one substitution. The AG concluded that the proposed ballot title was an adequate summary but that the submitted popular name was partisan and would be challenged on that basis. The AG…
When does the Arkansas 25 mph school zone speed limit apply? Does it apply during ball games or other school events outside instructional time?
The 25 mph school zone speed limit under Ark. Code Ann. § 27-51-212(a) applies only when all three conditions are simultaneously met: during school hours, when children are present, and when the…
Could Fort Lawn's fire district hire and pay its own firefighters and provide benefits?
The 2016 AG said Fort Lawn's fire district board could hire necessary personnel, set their compensation, and likely provide benefits under the county ordinance, but only with Chester County…
Was Union County's Buffalo Volunteer Fire Department a special purpose district?
The 2016 AG said a court could find district status based on legislative acts, tax authority, and state filings, but the department's nonprofit form and member-elected leadership pointed the other…
Could the Illinois State Board of Education stop Chicago Public Schools from taking on a line of credit or other debt in 2016?
No. AG Lisa Madigan concluded that section 1A-8 of the School Code does not require Chicago Public Schools to submit a financial plan, and the State Board therefore lacks the authority to prevent…
Can a Florida city pass a drone ordinance banning private surveillance that invades residents' privacy?
Yes. The AG opinion concluded that section 934.50, Florida Statutes (the Freedom from Unwarranted Surveillance Act), does not expressly preempt municipal regulation of drones, so a city like…
Does a Washington city or county create 'debt' under the constitutional or statutory debt limits when it enters a performance-based energy contract that includes a lease-purchase agreement with a non-appropriation clause?
Probably not for the constitutional debt limit, but probably yes for the statutory debt limit. The AG concluded a non-appropriation lease likely does not create constitutional debt under Department…
Does Tennessee's $60,000 income cap for disabled-veteran property tax relief illegally tax federally exempt veterans' benefits when it counts those benefits as income?
No. The AG concluded that using VA benefits as part of the income calculation for property-tax-relief eligibility does not tax the benefits, so it does not conflict with 38 U.S.C. § 5301(a)(1)'s…
Would adding 'as the elected representatives of the people' to Tennessee's public schools clause free the General Assembly from equal protection limits on how it funds schools?
No. The AG concluded HJR 493's added language was redundant of what the constitution already says, and even if it changed the public schools clause's meaning, the equal protection guarantees in…
Was a professional-licensing board hearing officer a second public office in South Carolina?
The 2016 AG said no for the described hearing officer. The officer made recommendations, while the licensing board retained final disciplinary power. A former board seat did not change the…
Can a Maumelle city alderman get FOIA copies of police and fire department employee timesheets, including hours worked and leave taken, for a one-week period?
Yes. The AG concluded that the custodian's decision to release the requested timesheets was consistent with the FOIA. Attendance and leave records are 'personnel records' under § 25-19-105(b)(12),…
Does a Texas county have to maintain the sidewalks in a right-of-way it accepted?
The AG concluded that a county road can include the sidewalks within the road's right-of-way, so a county's duty to maintain a road it has accepted can extend to those sidewalks. But whether this…
Does a Texas heirship case always require notice by newspaper publication to unknown heirs?
The AG concluded that a court would likely read section 202.052 of the Estates Code to require citation by publication in every proceeding to determine heirship, so that unknown heirs are notified…
Does a Texas truancy expunction order cover juvenile probation department records too?
The AG concluded that an expunction order under article 45.0541 of the Code of Criminal Procedure, which lets people clear records of the now-repealed 'failure to attend school' (truancy) offense,…
Can Arizona DCS investigators interview a child without first getting parental consent when they're investigating a neglect report, even though the statute says 'abuse or abandonment investigation'?
Yes. Despite the statutory text using 'abuse or abandonment investigation,' the cross-references and statutory context show the legislature intended the exception to apply to all statutorily…
Can Arizona cancel a donated conservation easement under the conflict-of-interest rule that applies to state contracts?
A.R.S. § 38-511 does not apply to a private landowner's gratuitous conservation easement deed that imposes no affirmative obligations on the State and requires no consideration from it. The opinion…
Could South Carolina Veterans' Trust Fund trustees be personally liable for board decisions?
The 2016 AG said trustees were generally shielded from personal tort liability for acts within official duties, but exceptions applied for misconduct or acts outside that scope. Mishandling public…
Why did the Arkansas Attorney General reject Don Lane's revised March 2016 Cannabis Restoration Amendment?
The AG rejected the popular name and ballot title because the proposal's text retained or created multiple ambiguities the AG could not draft around. Section 2's 'shall be lawful' language…
Does defending an ethics complaint qualify a county planning commission president for attorney-fee reimbursement under W. Va. Code § 11-8-31a?
The president is an 'official' of a governmental entity, but the ethics complaint described to the AG is not an action to recover allegedly wrongfully spent money under § 11-8-31a(b). The opinion…
Can a city department in Arkansas legally post Bible verses on its official Facebook page, and how does the U.S. Supreme Court's Establishment Clause case law apply?
The AG concluded that all four Jonesboro 911 Dispatch Facebook posts at issue would survive under the coercion test, which the AG argued is the proper test under the Establishment Clause's original…
Why did the Arkansas Attorney General reject David Couch's 2016 proposed 'On Premise Local Option Election Alcohol Act'?
The AG rejected the ballot title because the proposal still had ambiguities the AG could not draft around. The proposed act would let the ABC Director issue permits for festivals, hotels,…
Could South Carolina’s proposed unclaimed life-insurance law cover policies already in force?
The 2016 AG said the bill as drafted would cover only newly issued policies. If lawmakers broadened it to existing policies, the AG thought it would likely survive a Contract Clause challenge, but…
Can I file a FOIA complaint against a city before its deadline to respond to my records request has even passed?
No, according to this opinion. A property owner petitioned before the City of Rehoboth Beach's 15-business-day response window had run, and the AG found that piece premature. On the merits of what…
Does a letter to a city count as a public records request even if it doesn't mention FOIA by name?
Yes, according to this opinion. A resident's letter asking about property assessment figures met FOIA's requirements even though it didn't invoke FOIA by name, so the City of Rehoboth Beach…
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