State AG Opinions
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Can Washington state matching dollars in the Opportunity Scholarship be invested in private company stocks the way the Washington Investment Board invests pension money?
The AG concluded the state matching funds are likely public funds, so article XII, section 9 of the Washington Constitution likely prohibits investing them in private stocks. The match account…
Can Arkansas civilly enforce the Deceptive Trade Practices Act against Native American tribes that lend money to Arkansans at usurious rates?
The AG declined to answer. Questions 1, 3, and 4 were in active litigation in State of Arkansas v. Western Sky Financial, and her office does not opine on pending matters. Question 2 was a pure…
Did South Carolina's ethics law ban legislators from paying their own businesses for campaign work?
The 2015 AG predicted no automatic ban when a legislator paid a business in which the legislator or family had an interest for genuine campaign services. It also predicted no violation on the…
Can the West Virginia Department of Education pay a county school board's bank loan directly from state aid funds to help the county get a better interest rate?
No. The AG concluded that having the WVDE write checks directly to a financial institution to repay a Fayette County Board of Education loan would violate two provisions of the West Virginia…
Does a school board have to take a public vote before denying a parent's request, even if it never formally calls for a motion?
Yes, according to this opinion. A parent's attorney asked the Brandywine School Board to expunge a student's discipline record. The Board discussed the request in executive session under a vague…
Could Louisiana’s health department enforce the new state plumbing code after the 2016 transfer of authority?
The AG concluded that DHH would not enforce the new State Uniform Construction Code plumbing provisions effective January 1, 2016; designated building officials would. DHH retained health inspection…
Could Hardeeville charge an extra business license tax when a business closed or changed owners?
The 2015 AG predicted that a court would reject Hardeeville’s extra tax on closing-year receipts because its annual license tax already covered that year’s business privilege. The ordinance remained…
Can the subject of an Arkansas personnel file block release of her personnel file by simply objecting that it is an invasion of privacy?
Not without saying more. The AG explained that a blanket objection to release of a personnel record, with no specific documents or arguments identified, is not enough to overcome a redacted release…
Could Lafayette Parish collect prior property taxes after correcting an improper homestead exemption?
Yes. The AG concluded that an improper or erroneous homestead exemption could be corrected as an erroneous assessment under La. R.S. 47:1966, requiring collection of back taxes for up to three prior…
Could a board appointee who was not Senate-confirmed be reappointed to the same office during a later legislative recess?
No. The AG concluded that La. R.S. 24:14G barred Rodger Wheaton’s recess reappointment to the same board office after he had not been confirmed in the session following his first appointment, even…
Could St. Charles Parish Council amend its adopted budget without a request from the parish president?
The AG advised that the council could initiate a post-adoption amendment without the parish president only when the operations underlying the adopted budget had changed. It treated the separate…
Could Creola collect traffic fines before court when it had no mayor’s court?
No. Because Creola had no mayor’s court and prosecuted its municipal traffic citations in district court, the AG said advance fine payments had to be received and deposited by the district court,…
Does Texas nepotism law let a county hospital hire the county judge's spouse?
The AG concluded that Texas nepotism law does not bar the Pecos County Memorial Hospital from employing the county judge's spouse. The nepotism statute (Government Code section 573.041) only stops a…
How often can Texas police officers vote to change their bargaining agent?
The AG concluded that section 142.056 of the Local Government Code does not impose any waiting period between elections over which group represents municipal police officers in 'meet and confer'…
Can the Texas State Board of Education control how local schools pick textbooks?
The AG concluded that the State Board of Education has only the powers the Legislature has specifically delegated to it, and that it may not substitute its judgment for the local school district…
Why did the Arkansas AG reject the 2016 Arkansas Medical Marijuana Amendment's popular name and ballot title?
The AG rejected the proposed popular name and ballot title because the underlying constitutional amendment had so many internal ambiguities that no ballot title could honestly summarize it for…
Must a Louisiana charter school disclose the name of the admissions test it uses?
Yes. The AG said Lusher Charter School had to disclose the name of its admissions exam under the Public Records Law. It distinguished a request for the exam’s contents, which the school could deny…
Can chiropractors in Arizona advertise that they offer 'physiotherapy' or 'physical therapy,' or are those terms reserved for licensed physical therapists?
No exemption. Under A.R.S. § 32-2042(C) and (D), nobody in Arizona, including chiropractors, may use the words 'physical therapy', 'physiotherapy', 'physical therapist', or letters like PT, RPT,…
After the Reed v. Town of Gilbert ruling on content-based sign regulations, does Arizona need to amend its political sign statute (A.R.S. § 16-1019)?
No. The Supreme Court's Reed v. Town of Gilbert decision applies strict scrutiny to content-based speech restrictions. A.R.S. § 16-1019 doesn't restrict speech; it limits what local governments can…
Do Tennessee homeowners who rent out their house, apartment, or spare room through Airbnb or VRBO owe sales tax and hotel occupancy tax, and who has to collect it, the host or the website?
Yes, both taxes apply. The AG concluded these rentals fit the statutory definition of 'hotel' under the sales tax and hotel occupancy tax statutes. The property owner, not the website, is the…
Could Cameron Parish give justice of the peace courts jurisdiction over its overgrown-grass ordinance?
No. The AG concluded that only the legislature could confer jurisdiction on justice of the peace courts. Although the parish police jury could enact an overgrown-grass and weeds ordinance, it could…
Could a Louisiana clerk of court buy certificates of deposit through a brokerage firm?
The AG concluded that the Assumption Parish clerk of court could not use a broker or investment firm to buy certificates of deposit indirectly. The clerk could engage an investment adviser to advise…
Can a Florida public board meet or approve its minutes electronically without a physical quorum under the Sunshine Law?
The AG's office advised that electronic media may be used at workshops where no formal action will be taken, but a quorum must be physically present to conduct official business. Approving the…
Did out of state DUI convictions count toward South Carolina vehicle forfeiture in 2015?
The 2015 AG said out of state impaired driving convictions and South Carolina unlawful alcohol concentration convictions counted toward the repeat offense threshold for vehicle forfeiture under the…
Can a school board vote in executive session about whether to record that session?
No. The Christina School Board violated FOIA by voting in executive session to recommend that the session not be recorded; votes on public business must occur in public. The AG ordered no remedy…
Did the Arkansas AG approve the 2016 ballot proposal to change county offices, JPs, and constables from two-year to four-year terms?
Yes, with grammatical changes. The AG certified a revised popular name and ballot title for a proposed constitutional amendment that would lengthen terms of office for County Judge, JP, Sheriff,…
How long must an Arkansas county elected official wait before returning to APERS-covered work after the DROP period ends?
The AG concluded that an elected county official who entered the APERS DROP in June 2009 had to be off work for at least 90 days after terminating covered employment before returning to a position…
Can an Arkansas county solid waste authority donate a building it bought with sales tax money to another local government entity?
The AG concluded that an Arkansas solid waste authority has statutory authority to dispose of its property, including by donation, when doing so is necessary, convenient, or desirable to carry out…
How many days does an Arkansas FOIA custodian have to produce digital records like text messages, voicemails, or files on a work computer?
Custodians generally had three business days under Arkansas FOIA to produce a nonexempt record if it was in active use or storage. The AG concluded that most electronic files, including computer…
Could Tennessee's governor or legislature refuse to accept Syrian refugees (or refugees from any particular country or religion) that the federal government had already admitted?
No. The AG concluded that any such refusal would be preempted by federal law under the Supremacy Clause. Immigration and the admission of aliens is an exclusively federal power, and Tennessee could…
Could Oakdale pay the employee’s interest on retirement contributions missed because of an enrollment error?
No. The AG concluded that the city could not pay interest on the judge’s employee share of retirement contributions missed because of an administrative enrollment error. Under the cited statute, the…
Could a Terrebonne recreation district name part of a ballpark walkway after a living former board member?
Yes. The AG concluded that naming a section of the district’s ballpark walkway after a living former board member did not violate the statutory bar on naming an entire public park or building for a…
Could Mandeville require contractor qualification forms with every public-works bid?
No. The AG said Mandeville could not require all bidders to submit AIA Document A305 or EJCDC Statement C-451 with their bids because the statute specified the permitted bid-opening materials. It…
Could a volunteer fire company use parish fire-protection money to pay annual bonuses for accident-free driving?
No. The AG concluded that Marrero-Estelle Volunteer Fire Co. No. 1 could not use public funds received under its Jefferson Parish fire-protection contract for the proposed safe-driving bonus. It…
Could a Garyville volunteer firefighter also be vice president of the fire department and work for its parish’s private contractor?
Yes, under the dual officeholding law addressed by the opinion. The AG treated the volunteer firefighter and vice-president roles as outside that law, and the mechanic’s job as employment by a…
May Allen Parish maintain Oakdale's streets and drainage facilities, and who pays for the work?
Yes. The AG said Allen Parish could maintain Oakdale’s municipal roads and drainage facilities on the city's request or through an intergovernmental agreement, subject to the limits the opinion…
Can someone in Arkansas run for justice of the peace and constable, or for county treasurer and constable, in the same election?
Yes, under the AG's reading of Ark. Code Ann. § 7-5-111. That statute bars a person from running for more than one 'state, county, or municipal office' in the same election, but constable is a…
Did former cotton-gin properties used for equipment storage qualify for farm tax treatment?
The AG said each tract had to meet the statutory land-use and eligibility criteria for use-value assessment, while a building needed to qualify as a farm structure on land devoted to agriculture for…
What was the 'Solar Energy Choice' ballot initiative and why did Florida's Attorney General send it to the state Supreme Court?
This is the Attorney General's petition asking the Florida Supreme Court to review a proposed citizen initiative, not an opinion with a holding. Under the Florida Constitution and section 16.061,…
Could Dorchester County tax owner occupied homes to pay for school resource officers?
The 2015 AG predicted that school resource officers were a school operating expense, so county taxes on owner occupied homes for them violated the then-applicable exemption. It also said duplicate…
Could McCormick County Council change individual items in the school district budget?
The 2015 AG predicted that a 1976 local act validly let McCormick County Council approve and change the school district’s proposed budget by line item. It did not read the general school millage…
Could South Carolina wineries make and sell wine from vegetables or honey under the 2015 rules?
The 2015 AG found no ban on making agricultural wine below the stated alcohol limit and predicted it could qualify as natural wine if federal labeling rules were met. It said wineries could not…
If an Arkansas school board member moves out of their election zone but stays in the school district, do they automatically lose their seat?
The AG concluded no. Arkansas law required residency in a single-member zone for school board candidacy, but not for continued service. A board member who moved out of their zone during a term could…
What disqualifies a paid ballot canvasser in Arkansas from passing a criminal background check, and how old can the offense be?
Under Ark. Code Ann. § 7-9-601 as amended by Act 1219 of 2015, a paid canvasser fails the background check if the Arkansas State Police record shows a guilty plea, no-contest plea, or conviction for…
Can a disabled veteran in Arkansas get a refund of property taxes paid before the VA disability award came through?
Under the Arkansas law in effect from 2010 through 2012, no. The AG concluded that eligibility for the disabled-veteran homestead and personal property tax exemption was fixed as of the first Monday…
Did the Millington School Board get half of the city's local-option sales tax for school spending, the same way it would have if Shelby County had levied that tax?
No. The AG concluded the 50% schools rule in § 67-6-712 applies only to county-levied local-option sales taxes. Because Millington itself levied the 0.5% add-on, the city was not required to…
When a Connecticut watchdog agency under the Office of Governmental Accountability faces a labor grievance, who actually decides how to respond, the OGA Executive Administrator or the head of the individual watchdog agency?
Both, with final authority resting at the agency. The AG concluded that under Conn. Gen. Stat. § 1-300, the OGA and its Executive Administrator play a support role on personnel matters, modeled on…
Why did the Arkansas AG reject Mary Berry's third cannabis legalization ballot title in 2015?
The AG rejected the third Arkansas Cannabis Amendment submission because ambiguities in the proposed amendment prevented an accurate ballot title. Section 5 did not clearly say whether its…
Is Connecticut's constitutional spending cap actually enforceable, and can the General Assembly bust the statutory spending cap by a simple majority vote?
The constitutional spending cap is unenforceable until the General Assembly adopts the required definitions of 'general budget expenditures,' 'increase in personal income,' and 'increase in…
Did the petition to recall Washington Police Chief Ronnell Broussard have enough valid signatures for an election?
Yes. The AG said the petition to recall Washington Police Chief Ronnell “Bruce” Broussard had 356 valid signatures, exceeding the 322 needed under the town's 40 percent threshold. It concluded the…
Which Arizona local government records belong to the State Library, and which Arizona special districts and unincorporated communities have to comply with the State Library's records retention rules?
When 'agencies' appears unmodified in the State Library Statute, surrounding language usually clarifies whether it covers state, local, or both. Records of unincorporated communities aren't State…
Can the Connecticut State Teachers' Retirement Board cancel a teacher's pension credit if it learns from somewhere other than the state Department of Education that the teacher was working without proper certification?
No. The AG concluded that under § 10-183rr the STRB cannot rescind any credit a teacher has earned, even for service in a position the teacher was not properly certified for. The board may only…
Could Irmo’s council vote to remove one of its elected members from a meeting in 2015?
In this 2015 opinion, the AG said a council could not summarily remove a member from office or a meeting without cause. A later opinion later modified the office’s similar April 2016 conclusion and…
How much could the South Carolina Election Commission charge an elector for precinct lists?
The 2015 AG predicted that a reasonable precinct list price should primarily reflect the cost of reproducing the lists, rather than raise program revenue. It left the final factual determination of…
Was conspiracy to commit a misdemeanor classified as a felony in South Carolina in 2015?
The 2015 AG said a charge under the conspiracy statute was a felony even if the planned crime was a misdemeanor. The statute separately limited the fine or sentence to what the completed planned…
Are the lands occupied by Idaho's old state penitentiary 'public lands' subject to the constitutional rules requiring the State Board of Land Commissioners to sell or lease them at public auction for the maximum long-term financial return?
AG Wasden concluded in 2015 that the old penitentiary site was not 'public lands' under article IX, sections 7 and 8 of the Idaho Constitution. The land was granted to Idaho unconditionally by…
Can an Arkansas city publish only the one-page ordinance in the newspaper and skip the long attachment, to save money?
Generally no. The AG concluded that Arkansas cities had to publish the full text of any ordinance of a general or permanent nature, including all attachments and exhibits, in a local newspaper. The…
Did Act 573 of 2015 actually change how Arkansas counties value off-premises billboards for property tax, and could the rest of the Act survive if one section is struck?
The AG declined to answer the property-tax-valuation questions because the Arkansas Assessment Coordination Department, not the AG, advises county assessors on property-valuation statutes. On the…
Did the 2015 disaster declaration let Lee County repair private driveways with county equipment?
The 2015 AG said the federal disaster declaration did not create an exception to South Carolina’s public purpose restriction. It did not authorize the county to use public funds, workers, or…
Could Savannah Lakes Village contract with a nonprofit fire department and fund runs outside its district?
The 2015 AG predicted the special tax district could contract with a nonprofit for fire protection if it retained proper oversight. It expected lawful contract terms to stand, but cautioned that…
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