State AG Opinions
Free state attorney general opinions with plain-English summaries, full citations, and the original source on every page.
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Are hemp beverages legal to sell in Mississippi, and do they have to be under 0.3% THC?
Hemp beverages sit in a legal gray zone. Section 97-31-5 makes it unlawful to sell any drug, elixir, or compound that produces intoxication when drunk to excess unless state law specifically legalizes…
Can a Tennessee general sessions judge fill in for a circuit court judge or chancellor without a private act?
Generally no. The only general statute allowing such interchange is for divorce hearings in counties over 700,000 population. Otherwise, the legislature must authorize the interchange by private act, …
Does Virginia's 2015 amendment giving private police departments 'law-enforcement officer' status actually grant them police powers?
The AG concluded the 2015 amendment to § 9.1-101 did confer law-enforcement powers on qualified employees of authorized private police departments, so long as those employees met all DCJS training req…
Would a Tennessee bill letting HOAs sue to ban repeat criminal offenders from a neighborhood survive constitutional challenge?
The AG concluded the bill was defensible against a facial constitutional challenge. It would likely survive non-delegation, rational-basis equal-protection, procedural due process, and double-jeopardy…
Does Tennessee's charter school funding law unconstitutionally shift costs to local school districts under the state-spending clause of the Tennessee Constitution?
No. The Charter Schools Act doesn't directly require local school districts to spend more, it just makes existing per-pupil dollars follow the student. And even if it did increase local spending, the …
Can a Tennessee public school require students to pay fees for field trips that take place during regular school hours?
No. Requiring students to pay a fee for a field trip that took place during the required 180 instructional days violated Tenn. Code Ann. § 49-2-110(c). Schools could request fees, but could not condit…
Can a Virginia sanitary district build and run community buildings or recreational facilities outside its own boundaries to serve district residents?
Generally no. A sanitary district can only operate community buildings and recreational facilities within its boundaries, unless it reaches an agreement with another jurisdiction under § 15.2-1300 to …
Must a Virginia county with a county-administrator form of government create a citizen-appointed library board to qualify for state library aid?
Yes. The AG concluded that Va. Code § 42.1-35, which requires a local library board appointed by the governing body, applied to Roanoke County. The county-administrator charter did not create an exemp…
Could Wyoming's Environmental Quality Council adopt environmental rules on its own, or did it always need a positive recommendation from the Department of Environmental Quality first?
It always needed a recommendation. Wyoming AG Peter Michael concluded the Environmental Quality Act gave the Council authority to approve rules only 'after recommendation from the director' of DEQ. Th…
When a Virginia officer is holding someone under a temporary detention order and the person has calmed down, can a family member take over the transport to the mental health facility?
If a law enforcement officer holding a person under a temporary detention order (TDO) believes the person can be safely transported by an alternative provider (including a family member), and that pro…
Does the 90% pay cap on Virginia deputy sheriff salaries apply when my county adds local supplemental pay on top of the state salary?
The 90% cap in Virginia Code § 15.2-1609.2(F), which says a deputy sheriff's salary cannot exceed 90% of the sheriff's salary, does not apply to a deputy's total pay when a county or city provides sup…
Can a Mississippi county pay each employee a $1,000 ARPA bonus for staying on the job during the pandemic?
No. Once American Rescue Plan Act funds enter the county treasury, state rules govern how they are spent. Miss. Const. Art. 4 §§ 66 and 96 prohibit a county from granting extra compensation for servic…
Can a Virginia Commonwealth's Attorney revert his office to part-time status after a predecessor elected full-time status?
No. Once a part-time Commonwealth's Attorney elects full-time status under Code § 15.2-1629 with Compensation Board consent, the election is binding on the office, and successors cannot revert to part…
Under Virginia's public-funds investment law, does 'domestic bank' mean only Virginia banks or any U.S. bank?
Any U.S. bank. Va. Code § 2.2-4509 lets localities invest in negotiable CDs at 'domestic banks.' Reading the term alongside Virginia's banking statutes that incorporate 12 U.S.C. § 3101's definition o…
Can the Virginia General Assembly hand off the job of redrawing Baylor grounds oyster boundaries to the Marine Resources Commission?
Yes, but only if the statute setting up the delegation contains specific policies and definite standards to guide the Commission. A naked grant of authority would fail the nondelegation doctrine.
Could Oregon's Department of Education let a school district keep using the ACT instead of the state-contracted SAT-family test, given the law required the chosen contractor to be able to provide statewide data?
Yes. The AG read 'must be able to provide statewide data' as requiring only the internal capacity to compile composite results from whatever testing the contractor actually did, not as a mandate to ac…
If a Virginia school board has a vacancy, does that lower the number of members needed for a quorum?
Yes. A school board consists of the members who are 'duly appointed or elected.' A vacancy reduces that count, which in turn reduces the majority needed for a quorum.
Can a West Virginia county commission buy a building it currently leases for its 911 center, and then lease part of the building to a private for-profit business?
Yes to the purchase, no to the for-profit lease. County commissions have broad express and implied authority to buy real estate for public purposes, including running a 911 center. But West Virginia l…
Does a town housing authority commissioner have to live inside the town, or can they live within five miles of the town?
Yes. Mississippi housing authority commissioners must reside within the housing authority's territorial jurisdiction, but that jurisdiction extends beyond the town limits. Under Miss. Code Ann. § 43-3…
Can a habitual offender in a Mississippi prison get conditional medical release if they're terminally ill, even though habitual offenders aren't eligible for parole?
Yes. Conditional medical release under Miss. Code Ann. § 47-7-4 is a separate and distinct program from parole under § 47-7-3. The habitual-offender exclusion in § 47-7-3 does not apply to § 47-7-4. A…
If I file a transfer-on-death deed in Mississippi, do I have to reapply for my homestead exemption?
No. A revocable transfer-on-death deed does not affect the owner's homestead rights during life, so no reapplication is required after filing. The homestead exemption keeps rolling forward annually un…
If a Mississippi county overpaid sick leave by mistake, can other employees donate leave so the worker can repay it?
Yes. If the county determines an administrative error caused an employee to be paid sick leave they had not earned, the employee can repay the county using leave donated by coworkers, as long as the d…
Can a Virginia locality get an easement on state-owned river bottomlands to build a flood-control levee, and who in state government grants it?
Yes. The Virginia AG concluded that a local flood-control project is a 'governmental activity' under §§ 28.2-1300 and 28.2-1400, that § 28.2-1200.1 lets the Commonwealth grant an easement for it, and …
If ICE issues a detainer on someone in a Virginia sheriff's jail, can the sheriff tell ICE when the inmate will be released so ICE can come pick them up?
Yes. Virginia Code § 53.1-220.2 expressly allows a sheriff who receives an ICE detainer to transfer custody of the inmate to ICE within five days before scheduled release. The AG concludes that author…
Can my Tennessee homeowners' association ban political canvassing in our neighborhood without violating the First Amendment?
Yes. The First Amendment limits only government action, and a private homeowners' association is not a state actor. The HOA can prohibit door-to-door political canvassing on its private property. A se…
If a Tennessee county rescinds a GO bond resolution to avoid a forced referendum, can it then use a different financing method without an election?
Yes. The Tennessee AG concluded that rescinding the GO bond resolution removes the trigger for a referendum, even if a protest petition was already filed. The county can then adopt a different financi…
Can a Virginia local wetlands board take public comment at meetings even when a statute doesn't require a public hearing?
Yes. AG Herring concluded the Suffolk Wetlands Board may permit public comment at meetings whenever it chooses, even when public comment isn't statutorily required, because no law prohibits it and FOI…
When a regional school in Virginia (jointly funded by several school divisions) has leftover money at the end of the year, does the money have to be returned to the participating localities?
No. AG Herring concluded that Va. Code § 22.1-100, which requires reversion of unspent local funds for individual school divisions, does not apply to regional schools. Each regional joint board may ad…
Can the spouse of a Tennessee deputy sheriff legally write bail bonds in the same county?
Yes, but only if the spouses keep their finances strictly separate. If they commingle funds, share expenses, or jointly accumulate assets, the deputy sheriff is treated as receiving an indirect benefi…
In Tennessee, what farm buildings escape county zoning, does a family garden count as a farm, and what happens to the adequate-facilities tax when a county can't require a building permit?
A building 'incidental to the agricultural enterprise' (including residences for farmers and farm workers after the 2014 amendment) is exempt from county zoning. A 'farm' usually means at least 15 acr…
If a Tennessee city's annexation ordinance was finalized by court settlement before Tennessee passed a 2013 annexation moratorium, can the new moratorium retroactively undo that annexation?
No. Once a quo warranto challenge was resolved by an agreed court order and the parties' rights became vested, the Tennessee Constitution's ban on retrospective laws prevented the 2013 moratorium from…
Can the Tennessee legislature pass a private act forcing one county's general sessions court to use the county probation office (and only that office) to supervise misdemeanor probationers?
Yes. Tenn. Code Ann. § 40-35-302 doesn't require courts to consider all qualified providers, so a private act picking one county provider doesn't conflict with general law. And because supervising pro…
Are minor league baseball players who play in Virginia covered by Virginia's overtime and minimum wage laws?
No. Based on the facts presented, minor league baseball players employed by the five MLB-affiliated minor league teams in Virginia are exempt from Virginia overtime pay and minimum wage requirements. …
Can a Virginia circuit court clerk carry a firearm into the courthouse where they work?
Yes, while in the conduct of their official duties. The AG concluded that the clerk of a circuit court is a 'court officer' as that phrase is used in § 18.2-283.1, the statute that generally bans weap…
Can a Mississippi city accept land instead of cash to settle a special assessment debt the property owner owes?
Yes. The 2021 opinion concluded that under municipal home rule, a Mississippi city can accept real property in lieu of cash payment to satisfy a special-assessment debt, as long as the property is acq…
How many times must a Mississippi county advertise an ordinance, and can it post a shortened version online instead of the full text in the newspaper?
For ordinances not governed by a specific publication statute, Mississippi counties have no minimum number of newspaper runs and can post a shortened version on a county website. But if a particular t…
Can a Mississippi county provide group health insurance to part-time employees or non-salaried employees, and can it pick which employees to cover?
The 2021 opinion concluded that a Mississippi county can provide group health insurance only to employees who (1) work full-time for the county and (2) receive direct compensation from the county. Par…
Can a Mississippi county hire a chamber of commerce to manage a county-owned property and share offices, and does revenue generated have to flow through the county?
On the office-sharing question: yes. The 2021 opinion concluded that nothing prohibits a county and a chamber of commerce from agreeing, in a lawful management agreement, that the county retains offic…
Can a Mississippi school district sell laptop computers (purchased with COVID Equity in Distance Learning Act funds) to graduating seniors?
Yes. The 2021 opinion concluded that a Mississippi school district may sell laptop computers, purchased with grants under the Equity in Distance Learning Act (EDLA), to graduating twelfth graders. The…
Can a Mississippi county board of supervisors add secretarial expenses to the county prosecutor's base salary, raising the retirement and tax base?
No. The 2021 opinion concluded that the county prosecutor's salary (set by Section 25-3-9 based on county population and location) is separate from secretarial expenses paid under that statute or unde…
Does a Mississippi city judge in a city of 10,000 to 20,000 have to be a qualified elector of the county where the city sits?
No. The 2021 opinion concluded that Brookhaven's municipal court judge does not need to be a qualified elector of Lincoln County. Section 21-23-3 generally requires city judges in cities of 10,000+ to…
Can a Mississippi city forgive part of a cleanup assessment when the cost to clean up exceeds what the property is worth?
The AG concluded that cleanup assessments imposed under Section 21-19-11 are property liens that a Mississippi municipality cannot reduce, waive, or postpone, even when the cost exceeds the property's…
Is dog racing legal in Tennessee under the Racing Control Act of 1987, and is the State Racing Commission still in operation?
No to both. The Racing Control Act applied only to horse racing, not dog racing. The Racing Commission was terminated in 1997-98, and its rules expired; reestablishing it requires new legislation. Wag…
Who counts as an 'other spiritual leader' for solemnizing a Tennessee marriage, and does the founder of a religious organization qualify?
It depends on the religion's own customs. A Church of Christ elder may solemnize marriages if the particular congregation's custom and practice authorizes it. A founder of a religious organization may…
Does a Connecticut Department of Correction administrative directive become binding the moment the Commissioner signs it, or does it have to go through formal rulemaking first?
It binds on signature. The AG concluded that DOC Administrative Directive 9.12, which set a mandatory ten-day in-custody assessment period for inmates sentenced under §§ 14-215 and 14-227a before home…
Can a Virginia town council member also serve on the county school board at the same time?
Yes. The AG concluded that a citizen could serve simultaneously on a town council and on the county school board for the county containing that town, so long as the usual residency and other eligibili…
Does South Carolina's six-week paid parental leave for state employees and teachers cover a stillbirth?
Probably yes. The AG concluded that a court would likely read the word 'birth' in §§ 8-11-150 and 8-11-151 to include stillbirths, but warned the statutes do not say so explicitly and recommended that…
When a federal agency like DCSA or DoD asks a South Carolina sheriff or court for someone's arrest history for a security clearance, do they have to provide it?
Yes. Under 5 U.S.C. § 9101, every state and local criminal justice agency in South Carolina (police departments, sheriffs, courts, county CJAs) must release criminal history records to a covered feder…
Can the membership on a Mississippi joint airport board be adjusted when one owner has been paying double the cost?
Yes. The 2021 opinion concluded that the statutes governing joint airport boards (Sections 61-5-33 to 61-5-41) permit revision and amendment of the joint agreement, including the number of board membe…
Can a Mississippi special-charter city's board of mayor and selectmen remove school board trustees mid-term or change school board term lengths by ordinance?
No on both counts. The 2021 opinion concluded that the City of McComb's Board of Mayor and Selectman cannot remove a school board trustee mid-term and cannot adopt an ordinance conflicting with state-…
When a Mississippi statute says "latest available federal census," do you use the prior official census or the new one's preliminary numbers?
The 2021 opinion concluded that until the 2020 census numbers became finalized and official, the official 2010 census numbers were the "latest available federal census" for Section 21-23-3 (governing …
Can a South Carolina county council withhold an elected sheriff's salary while he is on extended leave?
Yes. South Carolina law gives no constitutional officer authority to take a leave of absence. A sheriff or other elected county officer who stops performing the duties is effectively refusing the job,…
Can a Mississippi pretrial detainee held in their home county vote absentee on the disability excuse?
Only if they actually have a temporary or permanent physical disability. Detention itself is not a disability under § 23-15-713(d). Whether a particular elector qualifies is a case-by-case determinati…
In West Virginia, can a local county health officer issue a binding mask requirement or other public-health rule on his own, or does it have to come from the local board of health?
It must come from the local board of health, not the health officer alone. The AG concluded that under W. Va. Code §§ 16-2-11 and 16-3-2, only a local board of health (not its individual executive off…
Can a Mississippi county board of supervisors shrink, dissolve, or audit the trustees running a county hospital?
The 2020 opinion concluded a Mississippi board of supervisors could (1) decline to fill an at-large hospital trustee vacancy, letting the trustee board operate with six members until it could shrink t…
Can a Mississippi county tax assessor send employees home with pay during COVID without the Board of Supervisors' approval?
The AG concluded that under Executive Order 1460 and H.B. 1647 (2020), only county boards of supervisors, municipal governing authorities, and local school boards could grant administrative leave with…
Can a Mississippi municipal court expunge a first-offense drug-related DUI?
The AG concluded that a Mississippi municipal court could expunge a first-offense drug-related DUI that had been nonadjudicated under Section 63-11-30(14), but could not expunge any DUI conviction. Co…
Can a Mississippi municipal court start its own veterans treatment court for misdemeanor cases?
The AG concluded that the Greenwood Municipal Court could not create a municipal veterans misdemeanor treatment court. Only the Mississippi Legislature can establish inferior courts, and the Legislatu…
Can Virginia voters take photos or selfies of themselves with their ballot inside a polling place, and can they use phones to get voting help from someone outside?
Mostly yes for self-photography, no for outside assistance. The AG concluded that recent State Board of Elections regulations permitting voters to use cameras and recording devices in polling places d…
Do Tennessee notaries public have to keep a record of every notarization, even when they don't charge a fee, and can it be electronic?
Yes. Starting October 1, 2014, the recordkeeping duty applies to every notarial act regardless of whether the notary charges a fee. The 'well-bound book' may be kept electronically if the record stays…
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