State AG Opinions
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Do contracts for the Wyoming Capitol building reconstruction project need approval from the Governor and State Treasurer under article 3, section 31 of the Wyoming Constitution?
No. The AG concluded article 3, section 31 covered only narrow procurement categories (stationery, fuel, printing, legislative furniture, and routine repair of legislative halls and rooms), and did…
Could a South Carolina public hospital district fund a nonprofit clinic's free medical and dental care?
The 2016 AG said a court could find the proposed Lexington County clinic funding served a public purpose and could uphold an outright donation. It identified an agreement for services under the…
Can Arkansas voters approve a local-option election in dry counties allowing on-premise alcohol sales at hotels, restaurants, microbreweries, and festivals?
Not on this draft. The AG rejected the popular name and ballot title for a dry-county on-premise alcohol initiated act, finding the underlying proposal had multiple ambiguities that no substituted…
Could a Concordia Parish deputy sheriff also serve as a Catahoula Parish police juror?
No. The AG concluded that the requester’s full-time appointive deputy-sheriff office was incompatible with simultaneous service as an elected Catahoula Parish police juror. It noted that he had been…
Who could sign the federal agreement to collect Louisiana rice assessments?
The AG said the Commissioner of Agriculture was the proper person to sign updated agreements with the federal Commodity Credit Corporation to collect Louisiana rice assessments. It found state-law…
Could a South Carolina school board discuss disciplining one of its own members in a closed session?
The 2016 AG questioned the Beaufort school board's power to discipline its own members and said the FOIA personnel exception did not permit a closed session to discuss disapproval of a fellow…
Can a Tennessee district attorney represent a petitioner seeking an order of protection, and can a public defender represent the person it is sought against?
No to both. A Tennessee district attorney general has no authority to represent a private petitioner in a civil order-of-protection proceeding; the DA represents the State and the public interest,…
In 2016, could South Carolina require abortions after 18 weeks from conception to be performed in a hospital?
Applying the federal abortion cases controlling in 2016, the AG predicted that a court would uphold such a hospital requirement against a facial challenge. It addressed a proposed law, not an…
Was South Carolina's unclaimed-property law limited to the types of property individually listed in its special rules?
The 2016 AG said no. It read the general rule as presuming intangible property abandoned after more than five unclaimed years, unless a more specific provision supplied a different rule.
Who in Tennessee should hold the hotel liquor license when a hotel owner has hired a management company to run the food and beverage operation: the hotel owner or the management company?
Either party can hold the license. When a hotel owner franchises out the food and beverage operation to a management company, the management company may hold the liquor license required under Tenn.…
Does an Arkansas multi-county planning and development district get state tort immunity when it temporarily takes title to property for an EPA cleanup grant?
Likely yes for state-law tort claims. The AG concluded the Southwest Arkansas Planning and Development District would likely qualify as a 'political subdivision' under Ark. Code Ann. 21-9-301, with…
Can State Capitol Police arrest someone for carrying an unloaded firearm on the Capitol grounds outside the Capitol Building?
No, in the AG's view. Ark. Code Ann. 5-73-122(a)(1) bars only a 'loaded firearm or other deadly weapon' on Capitol grounds, and the criminal-statute strict-construction rule plus the…
Can the Tennessee General Assembly pass a private act that prevents any of Bradley County's hotel-occupancy tax from being shared with cities inside the county?
Yes. The Tennessee Constitution requires that county-levied taxes authorized by the General Assembly be used for county purposes, but nothing requires the county to share that revenue with…
Could a South Carolina licensed security guard sign an arrest warrant for an incident on protected property?
The 2016 AG said a properly licensed guard acting on the property the guard was hired to protect could seek and sign an arrest warrant without invalidating it. Once a judge found probable cause and…
Can a Tennessee driver be sent to jail for a misdemeanor traffic violation under § 55-8-197 that causes serious bodily injury or death, or is the punishment limited to fines?
Fines only. Punishment for a Class A or Class B misdemeanor under Tenn. Code Ann. § 55-8-197 was limited to the fines specifically provided in subsection (c) ($250 for serious bodily injury; $500…
Did a Louisiana municipal fire or police appointing authority have to hire the highest scorer on a competitive list?
No. The AG said competitive-list names had to be ranked by final test score, but the appointing authority could choose any certified candidate for the vacancy. It recalled an earlier opinion to the…
Can one Texas water district contract away its budget and operating powers to another district?
The AG explained that a governmental entity, including a water district, cannot delegate its legislatively entrusted authority to another entity unless the Legislature has authorized it, and cannot…
Can a Texas hospital district board create a vice-chair position its enabling law doesn't mention?
The AG concluded that a court would likely find the vice-chair position on the Maverick County Hospital District board valid. Although chapter 1118 of the Special District Local Laws Code requires…
Did a South Carolina family court need to suspend a juvenile commitment when placing a child on probation?
The 2016 AG said South Carolina law did not answer the question directly. Looking to other states, it suggested that a suspended sentence was unnecessary and that a court could modify a juvenile…
Can a proposed Arkansas constitutional amendment legalize recreational and medical marijuana along with state-regulated cultivation, retail, and testing facilities?
Not on this draft. The AG rejected the Arkansas Cannabis Amendment because the definitions and operative provisions did not match: marijuana licenses were defined as individual-only but Section 9…
How many votes does a Texas general-law city need to remove a city officer, and what is an emergency-meeting quorum?
The AG concluded that section 22.077 of the Local Government Code gives a Type A general-law city two separate ways to remove a municipal officer. For incompetency, corruption, misconduct, or…
If a Texas county employee who receives longevity pay is elected to a county office, does that longevity pay continue?
The AG concluded that a commissioners court order granting longevity pay to qualified county employees does not carry over once that person is elected to a county office, because an elected official…
Could a California contract city attorney receive bond-counsel pay based on a percentage of the city's bond issue?
No. The Attorney General concluded that a contract city attorney who helped make a city bond contract could not receive compensation that increased with the size of the bond issue, because that…
Can a Washington noncharter code city change its city-council election system from at-large general elections to district-based general elections to avoid violating the federal Voting Rights Act?
Yes, but only on a strong evidentiary record. State law (RCW 35A.12.180) requires general elections at large in noncharter code cities, but the AG concluded a city may deviate when it has a strong…
Can Fayetteville consolidate its old firefighter pension fund into the state LOPFI retirement system without committing an illegal exaction?
Yes. The AG concluded the consolidation is not an unconstitutional lending of credit or an illegal exaction because the obligation to retired firefighters is ultimately the city's obligation, not…
Could a California school district trade an exclusive bond contract for free campaign help and repay that help from bond proceeds?
No. The Attorney General concluded that school and community college districts could not use public funds for bond-election campaign activity, exchange an exclusive post-election bond contract for…
Could Allendale County refuse to create a consolidation charter commission after a certified voter petition?
The 2016 AG predicted that a court would require the county to create the commission within thirty days after certification of a qualifying petition. It said a court could interpret the law or…
Could a member of a South Carolina nonprofit homeowners association inspect the records behind its financial statements?
The 2016 AG read the nonprofit statute to allow inspection of underlying accounting materials when a member met the written-demand, proper-purpose and direct-connection requirements. It said an…
Can a blind vendor licensed to operate vending machines on Oregon public property subcontract the actual servicing to a commercial vendor?
Only if the licensed blind vendor controls, directs, and supervises the subcontractor's daily work. The AG concluded that 'operate' under ORS 346.520(1) requires the blind vendor to either…
Can a Texas county require indigent health care applicants to be U.S. citizens or qualified aliens?
The AG concluded that the Texas Indigent Health Care and Treatment Act bases eligibility on county residence plus income and resource standards, and makes no distinction based on citizenship or…
What can a Texas state agency do if a court ruling forces it to spend more than the Legislature budgeted?
The AG addressed only the budgeting procedure, not the underlying marriage question that prompted the request. The AG concluded that when a state agency faces a shortage of appropriated funds…
When a Connecticut child with developmental disabilities needs a residential placement to make educational progress, does the local school district have to pay for it, or is the Department of Developmental Services responsible because it already provides services to the child?
The local school district pays. The AG concluded that under Connecticut's special education statutes and IDEA, when a planning and placement team, hearing officer, or court finds that residential…
Will Florida's Attorney General opine on whether a city ordinance restricting where public schools can be sited is a comprehensive plan amendment?
No. The Attorney General only issues legal opinions to government officials about their official duties, not to private parties. The AG also declined to comment on a city's ordinance absent a…
Does Arkansas concealed-carry law restrict open carry, and have Arkansas State Police rules overstepped the statutes?
The AG declined to answer. The same questions were on appeal in a Pulaski County case (Tanner v. Department of Arkansas State Police), and the AG's longstanding policy is not to opine on issues…
Can a sitting Arkansas state legislator also serve on a drainage improvement district board of commissioners?
No. The AG concluded service on a drainage improvement district board is a 'civil office under this State' and Ark. Const. art. 5, section 10 bars a sitting legislator from holding such an office…
Can a public school district adopt a policy that overrides Act 1078 of 2015 and bars concealed-carry licensees from leaving handguns locked in cars at the school?
No for parents and visitors. The AG cross-referenced her Opinion 2015-099 issued the same day and concluded that a district policy restricting general public conduct that Act 1078 allows would be…
Are clinic parcels owned by a 501(c)(3) nonprofit hospital automatically exempt from Arkansas property tax?
No. The Arkansas constitutional charitable exemption is based on the actual use of the property, not the charitable status of the owner or the owner's mission. Whether the specific parcels qualify…
Can a school employee with a concealed-carry license leave a handgun in a locked car parked at the school even if the superintendent objects?
For parents and visitors, yes: Act 1078 of 2015 and its companion statutes let a licensee leave a concealed handgun locked in an unattended car in a school parking lot, and the school cannot…
Can a job applicant block release of her resume content under the Arkansas FOIA's personnel-records exception when she was not hired?
Not through the AG. The AG can only review custodian decisions about personnel records and employee evaluations, and those categories apply to employees not applicants. Since the requester was not…
Did a temporary local-government website outage automatically violate the Brown Act's 72-hour agenda-posting rule?
Not automatically. The California Attorney General concluded that technical problems interrupting online agenda access did not necessarily violate the Brown Act, and a meeting could proceed if the…
Is it legal to play daily fantasy sports like DraftKings or FanDuel in Texas?
The AG concluded that paying an entry fee to play daily fantasy sports is a 'bet' under section 47.02 of the Penal Code, because the outcome depends at least partly on chance, and Texas gambling law…
Did Proposition 26 require county voter approval for a one-percent cable public-access fee?
No. The Attorney General concluded that the one-percent public, educational, and governmental access fee was not a local tax because the cable operator had already accepted the funding obligation as…
Can a police department keep its internal affairs investigation summaries confidential even if its own written policy promises to release them?
Yes, according to this opinion. A journalist asked the Town of Bethany Beach for annual statistical summaries of police internal affairs investigations, which the police department's own written…
Can the Arkansas Medical Marijuana Amendment qualify for the 2016 ballot if the proposal text is ambiguous?
Not on this draft. The AG rejected David Couch's proposed Medical Marijuana Amendment because of ambiguities in the underlying text. Couch later resubmitted a cleaner version that the AG certified…
When a South Carolina tenant appeals an eviction judgment, what must happen to stay the eviction?
The 2016 AG said the magistrate first had to decide possession under the landlord-tenant procedure. A tenant appealing that judgment could obtain a stay by signing the statutory undertaking to pay…
After North Carolina Dental Examiners v. FTC (2015), how must Idaho actively supervise its occupational licensing boards to keep them shielded from federal antitrust liability under the State Action Doctrine?
AG Wasden concluded that the actions of any Idaho board or commission controlled by 'market participants' (people who are licensed by, or in a profession regulated by, the board) must be supervised…
Do signatures collected on a defunct-voting-district wet-dry petition in 2013 still count after the 2015 legislature changed the election rules?
No. The 2015 amendments materially changed the ballot title (no more 'manufacture' or 'off-premises' language) and reduced the signature threshold from 38% to 15%. Walmsley v. Martin requires…
Does the FOIA exemption for 'county or municipal parks and recreation department records' shield all county records or only county parks-department records?
Only county parks records. The AG read 'parks and recreation department' to modify both 'county' and 'municipal,' so the exemption shields only parks-department records, not all county records.…
Does the Arkansas Health Insurance Marketplace and its board get the same tort immunity as cities and counties under Ark. Code Ann. 21-9-301?
Yes. The AG concluded the Arkansas Health Insurance Marketplace, its board of directors, and their officers and employees are all 'political subdivisions' covered by the tort-immunity statute. The…
Can Moore County, Tennessee spend its hotel occupancy tax revenue on public restrooms for tourists?
Yes. Use of Moore County's 3% tourist accommodation tax was limited only by Article II, Section 29 of the Tennessee Constitution, which requires that the proceeds be spent for 'county purposes.'…
Could Orleans Parish's 911 district take over call-center operations and pay for them with its emergency telephone tax?
The AG said the Orleans Parish Communication District could enter a proposed agreement with New Orleans to operate the 911 call center as well as its infrastructure. It said the voter-approved…
How can a Florida city legally raise its local business tax?
A city may change its local business tax only through the routes Chapter 205 sets out: adopting a new ordinance under section 205.0315, completing a reclassification under section 205.0535, or…
Did a South Carolina mandatory reporter have a duty to report suspected child abuse learned away from the workplace?
The 2016 AG said physical location did not control. The statutory duty depended on whether the listed professional learned the information within the scope of that professional role; a person could…
Does the Arkansas Military Department have to pay C-Step and Youth Challenge teachers the new minimum salaries in the current fiscal year, or do the increases wait for future budgets?
The Act 1177 budget-calculation requirement applies to future budgets, but that does not stay the salary obligation. The AG said appropriated funds for the programs trigger the minimum-salary duty…
Can an Arkansas agriculture school formed under the 2015 pilot program detach from its existing district, qualify for school funding, and operate with both a Governor-appointed board and a local elected board?
Partly. The AG concluded the Act 1286 exemptions allow detachment but the school must still meet all other formation requirements; consolidation rules under Act 377 still apply (with waivers…
Could a Louisiana state senator also work part time as a deputy clerk of court?
The AG said a state senator could also hold an appointive deputy clerk of court position if it was part time as described in the request. Its dual officeholding answer did not decide governmental…
Could Harahan's mayor require delinquent-tax collection, remove the clerk, and temporarily reassign her duties?
The AG said the city clerk and tax collector had to follow the delinquent-tax sale law without a new council ordinance. Council approval was needed to remove the clerk, while the mayor could…
Could Harahan council members add agenda items and choose planning commissioners by local ordinance?
The AG said Harahan could let individual council members request timely agenda items, but a special-meeting item needed majority support and a late addition required the unanimous vote prescribed by…
Can a Texas city reimburse a resident for the cost of a successful zoning board appeal?
The AG concluded that article III, section 52(a) of the Texas Constitution would likely bar a city from paying a private party's costs from a successful zoning board appeal, to the extent the…
Does the Texas Forensic Science Commission have to disclose exculpatory evidence it finds?
The AG concluded that a court would likely find the Texas Forensic Science Commission has no duty under article 39.14(h) of the Code of Criminal Procedure to notify anyone of exculpatory,…
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