State AG Opinions
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Why did the Arkansas Attorney General reject the 2016 'Arkansas Cannabis Amendment' submitted by Mary L. Berry?
The AG rejected the ballot title because the proposal's text contained ambiguities the AG could not draft around. Section 3's expansive 'marijuana paraphernalia' definition (which included anything…
Can a Texas city, county, or school district cut its local homestead exemption before 2019?
The AG concluded that Tax Code subsection 11.13(n-1), added by Senate Bill 1 in 2015, bars a school district, municipality, or county from repealing or reducing its local option homestead exemption…
Is the Texas law requiring courts to appoint ad litem attorneys from a rotation list constitutional?
The AG concluded that a court is unlikely to find Senate Bill 1876 unconstitutional. The 2015 law requires a court using a rotation system to appoint the first qualified person on its list when it…
Does Texas's E-Verify law (SB 374) replace Governor Perry's Executive Order RP-80?
The AG concluded that section 673.002 of the Government Code, added by Senate Bill 374 in 2015, supersedes Executive Order RP-80 on the requirement that all state agencies verify the employment…
Do the companies that run red-light and speed cameras for Arizona cities have to be licensed as private investigators?
Yes. A company that operates red-light or speed cameras for an Arizona city is securing evidence for civil or criminal cases, which falls within A.R.S. § 32-2401(16)(b)'s definition of 'private…
Could South Carolina's governor remove officials for tax-filing convictions or DUI charges?
The 2016 AG said a guilty plea for failure to file tax returns created a county council vacancy because that offense involved moral turpitude. Ordinary DUI did not; whether felony DUI causing…
Could South Carolina DUI courts dismiss a charge after a conditional guilty plea and treatment?
The 2016 AG found no statutory authorization for the described conditional DUI guilty plea followed by dismissal. It distinguished a prosecutor's separate discretion to condition non-prosecution…
Does retirement prevent release of a former Arkansas public-school employee's job application under FOIA?
No. Retirement alone did not justify withholding the application. The AG had not seen it and could not approve its specific release, but said job applications generally are disclosed after exempt…
Can a Texas school board post its trustees' personal financial statements on the district website?
The AG concluded a court would likely find it within a school board's discretion to post on the district website the personal financial statements that trustees must file under section 11.0641 of…
What constitutional concerns did the Idaho Attorney General flag for an initiative that would have lowered Idaho campaign-contribution caps, banned contributions from state contractors, criminalized lobbyist gifts above $50, and imposed a one-year post-employment lobbying ban on former public officials?
The AG said the proposed lower contribution caps were probably constitutional, though in a gray area. Contractor-ban cases supported applying the proposed ban to some defined principals, but the AG…
Can a governor's office withhold emails from a public records request just because a state legislator or their staff was copied on them?
Not entirely, according to this opinion. The Governor's Office withheld records under two FOIA exemptions: one for materials protected by privilege, which the AG upheld, and one for emails involving…
What should a Florida school board do when a vendor claims requested records are trade secrets?
The AG's office did not decide whether the vendor's records were trade secrets. It advised that if the material did not appear to meet the statutory test or was not protected as required by Sepro,…
Can a Florida county pay its industrial development authority a percentage of the ad valorem tax revenue from new businesses the authority attracted?
No. The AG concluded that Taylor County could not pledge a percentage of ad valorem tax revenue from new businesses to its Development Authority as a performance reward. Sections 125.016 and 159.48…
Does a public board violate open-meetings law if its president has a quiet side conversation with counsel or staff during a meeting?
No, according to this opinion. A legislator complained that the State Board of Education's president had a private sidebar with the board's attorney and asked a staff member to confirm advice during…
Can a special school millage election be held in Arkansas on the same day as the regularly scheduled preferential primary election, and how should the ballot be structured?
Yes, provided the three conditions of § 6-14-102(b) are met (compliance with annual-school-election requirements other than date, the election precedes the annual school election, and the…
Can a Tennessee county levy the $10 jail-construction litigation tax on top of both $25 litigation taxes under Tenn. Code Ann. § 67-4-601(b)?
Yes. The AG read the statute's 'notwithstanding any law to the contrary' and 'in addition to' language to authorize counties to stack all three litigation privilege taxes, provided each was adopted…
Can a Florida city use local infrastructure surtax money to buy emergency generators and electrical upgrades for its municipal complex?
Yes. Emergency generators, uninterruptible power supply units, and the related electrical and site upgrades for a city's municipal complex qualify as 'infrastructure' under section 212.055(2), and…
Does Florida's Sunshine Law apply to the board of a private trust fund administering municipal employees' insurance benefits?
Yes. A private trust fund created by a city and a public-employee union to administer insurance benefits with public dollars is performing a governmental function, so its board is subject to…
Can a state tax agency refuse a public records request for a company's corporate tax exemption application?
Yes, according to this opinion. A requester sought three companies' applications for exemption from Delaware corporate income tax. The Division of Revenue refused, citing the tax secrecy statute,…
Can Arkansas voters use an initiated act to bar state colleges from requiring students to live in dorms or buy meal plans?
Not on this proposal. The AG rejected the popular name and ballot title because the draft lacked a constitutional enacting clause, used 'cafeteria plan' ambiguously, and did not define key terms…
Does a Texas county have to share its optional child-safety vehicle registration fee with cities?
The AG concluded that a county collecting the optional child safety fee on vehicle registrations under section 502.403 of the Transportation Code may keep a slice for administrative costs (up to 10…
Could a South Carolina voter use a SLED concealed-weapons permit with a DMV photograph as voter ID?
The 2016 AG believed a court would likely accept the permit if it contained a photograph issued by the South Carolina DMV. The opinion relied on the reported use of DMV photographs on SLED permits.
Can a city release a former employee's personnel records, including discipline letters, in response to an Arkansas FOIA request?
Yes, with some adjustments. The AG approved most of the City of Little Rock's redactions of Carla Daniels' file but said race and gender should not be redacted, and identified additional content in…
If the Connecticut Board of Pardons and Paroles grants a pardon that bars the recipient from possessing firearms, are the criminal records associated with that conviction still erased?
No. The AG concluded that records tied to a conviction for which only a conditional pardon was granted are not subject to erasure under state law. Erasure is statutorily limited to absolute pardons.…
Could Tennessee require beer-permit applicants to have been U.S. citizens or lawful residents for at least one year before applying?
No. The AG opined that the one-year durational citizenship and residency requirement was unlikely to survive equal protection review, because it discriminated on the basis of alienage and national…
Did Maine's 2016 ranked-choice voting initiative violate the state constitution by replacing the 'plurality of votes' rule with multiple rounds of counting?
AG Mills said L.D. 1557 raised significant constitutional concerns for Maine general elections to Governor, State Senate, and State House. The proposal conflicted with the plurality and local…
Could the Greenville Arena District bar off-duty police officers from carrying firearms into the arena?
The 2016 AG said the district could not use the cited concealed-carry restriction to bar off-duty law-enforcement officers. It also said a special purpose district lacked authority to enact its own…
Could Cherokee Springs Fire District borrow beyond its debt limit without a voter referendum?
The 2016 AG said voter approval was required for general-obligation debt above the constitutional eight-percent limit, even though the fire board was elected. It separately noted a statutory…
Can I file a new FOIA petition asking the Attorney General to reconsider a decision already issued in an earlier case?
Mostly no, according to this opinion. The ACLU of Delaware sent a follow-up letter about State Police's production of cell-site simulator records under a prior AG determination. The AG found that…
Did a shortened inaugural term count toward the two-term limit on Louisiana's east flood protection board?
Yes. The AG counted a shortened inaugural term as one of the two consecutive terms allowed on the Southeast Louisiana Flood Protection Authority-East board. It said the former member could not fill…
After the NFPA withdrew its 2013 Code 1124 for fireworks safety, did Arizona still need to adopt that withdrawn version under § 36-1609, and is the resulting state rule still valid?
Yes, the rule was required and remains valid. The 2013 amendment to A.R.S. § 36-1609(A) directed the State Fire Marshal to adopt NFPA 1124 (2013 edition). Under Arizona's incorporation-by-reference…
Under the Arkansas FOIA, what rules govern releasing a public employee's personnel file, discipline records, and work emails?
The AG laid out the framework but did not review specific documents. Personnel records get the Young v. Rice privacy balancing test. Employee evaluations stay confidential unless the employee was…
Can Arkansas voters approve a dry-county local option to permit on-premise alcohol sales at hotels, restaurants, microbreweries, and festivals?
Not on this proposal. The AG rejected the popular name and ballot title for the second time because the underlying draft was internally inconsistent on rulemaking authority, used an undefined 'wet'…
Was it constitutional for Tennessee to allow distilleries to sell liquor on Sundays and holidays while requiring retail liquor stores to close?
The AG concluded that the disparate hours did not violate the Commerce Clause because they applied only to in-state businesses, and did not violate equal protection because distilleries and liquor…
Can South Carolina's geodetic survey move a county line without a vote by affected residents?
The 2016 AG said the survey statute allowed clarification of Richland County's existing statutory boundary, not a change to that boundary. The opinion said a change to the county's legal description…
Could the Colorado General Assembly restructure the Hospital Provider Fee as a TABOR-exempt enterprise without voter approval?
Yes, under the law reviewed in 2016. The AG concluded a proposed Hospital Provider Fee enterprise could qualify as a government-owned business if it had no general taxing power, collected fees for…
Could Caddo Parish give municipalities and the sheriff funds to improve law enforcement?
The AG said Caddo Parish could transfer funds to its municipalities and sheriff's department for law enforcement through a cooperative agreement under the Local Services Law. The agreement had to be…
Can a county commission void a 2004 restrictive covenant in its own deed that limits a 911 cell tower to emergency-only use, so the public can also get cell coverage from it?
Probably not. The AG concluded the plain language of the covenant restricting the Charles Knob parcel to '911 system' uses was enforceable on its face, no public-policy or trade-restraint exception…
Did Louisiana law cap additional parish salary for district attorneys in the Twentieth Judicial District?
No. The AG concluded that La. R.S. 16:14 removed any ceiling on additional salary that parish governing authorities could pay the district attorney or assistant district attorneys. It said the older…
Was Tennessee AG Opinion 16-07 ever issued, or was it withdrawn?
The current official PDF for Tennessee AG Opinion 16-07 says only, 'This opinion has been withdrawn.' It does not say whether an earlier version was issued or why the opinion was withdrawn.
Could a South Carolina coroner release a deceased person's toxicology report under FOIA?
The 2016 AG predicted that courts would treat toxicology reports as medical records closed to public access under FOIA, even when they contain only scientific test results. It distinguished…
Could a South Carolina school district directly hire licensed security officers with arrest powers on school grounds?
The 2016 AG said a school district could directly employ a SLED-licensed security officer, who would have statutory arrest power on the school property the officer was hired to protect. That did not…
Why did the Arkansas AG reject the proposed Arkansas Cannabis Amendment's ballot title?
The AG rejected the proposed popular name and ballot title because the amendment text contained serious ambiguities and internal inconsistencies. She said those defects prevented her from fairly…
When a public hospital is no longer run by a benevolent association, what happens to surplus property-tax proceeds collected for its support?
The AG could not answer definitively because the question turns on facts about when the tax was collected and who was operating the hospital then. The hospital tax follows the operation: a…
Could a physician or coroner issue an emergency psychiatric certificate for a willing patient when the hospital lacked a psychiatric ward?
No. The AG concluded that a patient who was willing and able to seek voluntary treatment did not meet the cited condition for a Physician’s Emergency Certificate, even when the hospital could not…
Could an Acadia Parish drainage employee also sit on both a gravity drainage board and the parish planning commission?
The AG concluded that full-time employment with the Sixth Ward and Crowley Drainage District did not bar either part-time appointment. But a commissioner of the Iota-Long Point Gravity District…
Could a South Carolina magistrate or municipal judge also serve as a notary public?
The 2016 AG said the constitution's dual-office bar did not count notary service, so a summary court judge could also be a notary if the judge held no additional non-exempt office. It left judicial…
Can a Virginia HOA deactivate a delinquent owner's gate barcode if it makes the back gate unusable?
For nonpayment of a regular assessment, an HOA may not deactivate a gate barcode if doing so would endanger the health, safety, or property of an owner, tenant, or occupant. For a statutory special…
Can the Virginia Outdoors Foundation use Open-Space Lands Preservation Trust Fund grants to pay for baseline documentation reports and land surveys?
Yes. The AG concluded that costs of baseline documentation reports were 'costs associated with the conveyance' of an easement and so were eligible for Fund grants. The cost of a new land survey was…
When a Virginia clerk tries to serve a confessed judgment on a debtor who lives out of state, what counts as good service, and what doesn't?
AG Herring concluded that for a confessed judgment under § 8.01-438, posting is sufficient if it's allowed in the debtor's home state, 'Not Found' returns never count, and mailing by registered or…
Can a city release a letter in a former police officer's personnel file in response to an Arkansas FOIA request despite his privacy objection?
Yes. The AG agreed with the City of Cave Springs that the disputed letter was a personnel record and that disclosing it would not be a clearly unwarranted invasion of personal privacy, even though…
What did the Arkansas AG certify for a proposed medical-marijuana constitutional amendment?
The AG certified the popular name 'The Arkansas Medical Marijuana Amendment of 2016' as submitted and substituted a more suitable ballot title. She did not decide the amendment's merits or…
Can the Arkansas Department of Information Systems force school districts to break vendor contracts, and will the AG opine on whether those contracts are valid?
No on both. The AG cannot interpret specific school-district contracts because her statutory advisory role is limited to constitutional and statutory questions. And the federal FCC, not DIS, runs…
When may a Florida public body hold a closed 'shade meeting' with its attorney under the Sunshine Law's litigation exception?
Section 286.011(8) requires the public body to be a current party before a court or administrative agency and to meet the statute's procedural conditions. The hospital district's investigation and…
How often did the Sunset Drainage District have to meet after the parish council became its board?
The AG concluded that the district had to hold at least one regular meeting on the second Monday of each month under its bylaws, unless a majority of its members voted to change the date. The parish…
Who has to bring a fugitive back to Texas from another state, and who pays for it?
The AG concluded that a Texas arrest warrant reaches only within Texas, so it does not by itself require any officer to travel out of state. Interstate extradition is controlled by the U.S.…
Is university-owned student housing exempt from Texas property taxes when a private company builds and runs it?
The AG concluded that property is exempt under Tax Code section 11.11 when a public entity holds legal or equitable title and the property is used for public purposes, and that an owner with a…
What counts as 'site improvements' a Texas economic development corporation can pay for?
The AG concluded that 'site improvements' in section 501.103(1) of the Local Government Code should be read to mean an improvement or permanent enhancement that relates to developing the ground on…
When can a Texas truancy court send a child to juvenile probation, and can the child be charged with delinquency?
The AG concluded that under chapter 65 of the Family Code, a truancy court may refer a child to the juvenile probation department for either disobeying a truancy order or direct contempt, but only…
Can the Arkansas Department of Correction pay an out-of-state facility for housing a backup inmate using the County Jail Reimbursement Fund?
No. The County Jail Reimbursement Fund can only pay Arkansas counties for inmates the sheriff certifies were physically housed in that county's jail. There is no statutory mechanism for ADC to pay…
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