State AG Opinions
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Can a Tennessee parent get a texting-while-driving ticket for using a phone in a school parking lot or while sitting in the school pick-up line?
Tenn. Code Ann. § 55-8-199(b)(1)'s ban on texting while driving applies only on a 'public road or highway.' A school parking lot is not a public road or highway, so the statute does not reach a driver…
When state auditors ask a state agency for a privileged report, can the agency refuse on attorney-client privilege grounds?
AG Jepsen concluded that the Auditors of Public Accounts could review and copy a privileged Department of Corrections report on inmate medical care, but the auditors had to honor the attorney-client a…
Can a Delaware police department satisfy FOIA by swearing under oath that it has no historical staffing records instead of producing new data?
Yes, according to this opinion. The AG found the City of Wilmington did not violate FOIA when it explained, backed by a sworn affidavit from a police supervisor, that WPD does not keep year-by-year re…
Did Wyoming's five statewide elected officials have to approve a federal immigration detention center proposed for Uinta County?
No. Wyoming AG Peter Michael concluded the Private Correctional Facilities Act covered only criminal jails and prisons. A federal civil immigration detention facility was not a 'facility' under the Ac…
Are the federal-funded flood control dam sponsorship agreements signed by West Virginia counties and conservation agencies actually enforceable, and who is on the hook for emergency repairs when an old dam fails?
Most of the sponsorship agreements that committed local governments to ongoing annual funding are likely void under the West Virginia Constitution's public-debt limits in Article X, Section 8, because…
Can a West Virginia county commission lease county land to a Convention and Visitors Bureau when the CVB plans to sublease or partner with a for-profit business that will run an escape room game on the property?
No, not on the facts presented. The AG concluded that W. Va. Code §§ 7-1-3k and 7-1-3hh limit county-property leases to nonprofits or government entities, and only when the use serves a 'public purpos…
If a county ambulance authority board member also works for a for-profit ambulance company or volunteers for a non-profit one, does that create a disqualifying conflict of interest, and can the county commission remove a conflicted member mid-term?
Working for a for-profit ambulance company is always a conflict under W. Va. Code § 7-15-15, contract or no contract; the bar is on holding any interest in such a company. Volunteering for a non-profi…
When federal inmates at Hazelton finish their federal sentences and another state has filed a detainer against them, does West Virginia have to give them an extradition-style hearing before they're transferred?
No. The AG concluded that transfer of a federal inmate to another state to serve an already-imposed state sentence is a question of comity between sovereigns under Ponzi v. Fessenden, not extradition.…
Can someone work for the West Virginia Division of Highways while also serving as the public-employee representative on the PEIA Finance Board?
No. The AG concluded that the PEIA Finance Board public-employee representative seat is a 'public office' under the Carson five-factor test, which triggers W. Va. Code § 17-2A-5's bar on DOH employmen…
Is a private land trust that collects rent and pays local taxes for a Delaware village subject to the state's open records law?
No, according to this opinion. The AG ruled the Arden Trust, a private trust created by an early-1900s land grant that owns and leases land within the Village of Arden, is not a 'public body' under De…
Can a Tennessee county legislative body send hotel-motel tax money to a Convention & Visitors Bureau, or does it have to go to a Tourist Development Agency?
The county legislative body has discretion. Under Chapter 905 of the Public Acts of 1980 (as amended in 1983 and 1988), the county may appropriate the hotel-motel tax revenue earmarked for tourism pro…
Can a Florida city use electronic signatures and dispose of paper originals when an electronic version is in storage?
Yes. Under §§ 668.004 and 668.50, a Florida municipality is authorized to use electronic signatures for its business transactions, and under § 668.50(12) and Florida Administrative Code rule 1B-24.003…
Can a Florida housing finance authority grant surplus funds to a 501(c)(3) like Habitat for Humanity to renovate a thrift store that funds affordable housing?
Yes. Section 159.608(10)(a) authorized the Polk County Housing Finance Authority to grant surplus funds to Habitat for Humanity to renovate a Habitat ReStore, because the renovation would let Habitat …
If a Delaware school district misses its own internal FOIA response policy but still responds within 15 business days, is that a FOIA violation?
No, according to this opinion. The AG found Red Clay Consolidated School District did not violate Delaware FOIA when it responded on the eleventh business day, even though that missed the district's o…
Can Arizona cities still enforce noise ordinances against short-term rentals after the 2016 vacation-rental preemption law (SB 1350)?
Yes, generally-applicable city and county noise ordinances still apply to short-term and vacation rentals after the 2016 SB 1350 preemption law. The statute (A.R.S. §§ 9-500.39(B)(2), 11-269.17(B)(2))…
Does a Florida value adjustment board hear appeals over whether improvements were substantially completed by January 1, and which kind of magistrate decides them?
Yes. Section 194.011(3)(d) gave the VAB jurisdiction over substantial-completion disputes because they are valuation issues. If the improvement raises just value by at least 25% it is a 'qualifying im…
Does Tennessee law require government officials to let me inspect court and administrative records on request, and to give me certified copies?
If the official is the records custodian, the Tennessee Public Records Act generally requires the records to be made available for inspection during normal business hours, unless state or federal law …
Can Delaware keep all bids for a new voting-machine system secret until after the contract is awarded?
No, not entirely. The AG ruled that the Office of Management and Budget could not deny an entire public records request for voting-system procurement bids just because the request-for-proposals said s…
Does Virginia's felony concealment-of-a-dead-body statute apply to the remains of a fetus that died in utero?
No. The words 'a dead body' in Va. Code § 18.2-323.02, the felony statute punishing malicious concealment of a dead body, do not include the remains of a human fetus that expired in utero. Other Code …
Why did the Arkansas AG re-certify the 2018 Oaklawn/Southland casino-gaming amendment one day after the original certification?
AG Rutledge recertified the 2018 Oaklawn/Southland casino-gaming amendment one day after first certifying it (in Op. 2018-068). The recertification corrected a typographical error ('Raing' should have…
Can a Tennessee business or property owner keep an off-duty police officer or commissioned reserve deputy from carrying a gun on their property by posting a no-guns sign or telling them no guns are allowed?
No, posted no-guns signs and verbal no-guns notices do not bind Tennessee law enforcement officers, including off-duty officers and authorized reserve deputies. Tenn. Code Ann. § 39-17-1350 lets law e…
When the legislature creates new judgeships and points to a procedure that depends on a body the legislature has already abolished, how does the Trial Court Vacancy Commission actually fill the seats?
The Tennessee Trial Court Vacancy Commission should follow Tenn. Code Ann. § 16-2-512 as far as possible to fill the three new judgeships created by SB 5/HB 10. Because the Judicial Council was termin…
If a Delaware city answers a FOIA request late, does the requester's complaint to the Attorney General still get decided on the merits?
No, according to this opinion. The AG dismissed a Newark resident's FOIA complaint as moot because the City eventually told him it had no records responsive to his request, even though that answer cam…
Why did the Arkansas AG certify the 2018 four-LLC casino-gaming amendment proposed by Randall Bynum?
AG Rutledge certified the popular name and ballot title for a competing 2018 casino-gaming amendment that would have authorized four casinos, one each in Benton, Boone, Miller, and Pulaski counties, o…
Why did the Arkansas AG certify the 2018 casino-gaming amendment proposed by Alex Gray for Crittenden, Garland, Pope, and Jefferson counties?
AG Rutledge certified the popular name and ballot title for a proposed constitutional amendment requiring the Arkansas Racing Commission to issue four casino licenses: one to Southland in Crittenden C…
Why did the Arkansas AG certify David Couch's 2018 Arkansas Citizens' Redistricting Commission Amendment ballot title?
AG Rutledge certified the popular name and ballot title for David Couch's proposed 'Arkansas Citizens' Redistricting Commission Amendment.' The amendment would have repealed the existing Board of Appo…
Why did the Arkansas AG reject Robert Reed's 2018 'Arkansas Hemp and Cannabis Amendment' ballot title?
AG Rutledge rejected Robert Reed's proposed Hemp and Cannabis Amendment ballot title because it failed to adequately explain how the proposed amendment would change current law (specifically the exist…
Why did the Arkansas AG certify the 2018 minimum-wage ballot title submitted by David Couch?
AG Rutledge certified, after the Arkansas Supreme Court's intervening decision in *Couch v. Rutledge*, the popular name and ballot title for an initiated act raising the Arkansas state minimum wage fr…
Can a Pine Bluff School District employee block disclosure of her personnel records by pointing to a pending internal review or a school district policy?
AG Rutledge concluded that the Pine Bluff School District properly classified the employee's records as personnel records subject to FOIA disclosure. The employee's stated objections (the requester's …
Can a Texas county education department set up a relief fund to give grants to local school districts after a hurricane?
The AG concluded it can, with conditions. The Harris County Department of Education may use its public funds, including property tax revenue, to create a Hurricane Harvey relief fund that grants money…
Can an employee of a Texas district attorney's office serve a subpoena in a criminal case?
The AG concluded a court would likely say yes. Article 24.01(b)(2) of the Code of Criminal Procedure lets a person who is at least 18 and, at the time the subpoena issues, is not a participant in the …
Which peace officer has to transport someone held under an emergency mental health detention warrant in Texas?
The AG concluded that a magistrate may direct an emergency detention warrant under section 573.012(d) of the Health and Safety Code to any on-duty peace officer listed in article 2.12 of the Code of C…
Can one member of the Texas Railroad Commission fire the executive director without a vote?
The AG concluded that a single commissioner has no authority to unilaterally terminate or hire the Commission's executive director. That power belongs to the three-member Commission acting as a body, …
Can a Texas school district put public money into a scholarship program that pays for its graduates to attend a community college?
The AG concluded it can, if two conditions are met. The Education Code lets an independent school district spend its funds on purposes its trustees find necessary or conducive to running the public sc…
Can a Texas county commissioners court collect court fines and fees on its own, or does it have to go through the county clerk?
The AG concluded that it can. Article 103.003 of the Code of Criminal Procedure gives a commissioners court that has set up a collection improvement program independent authority to collect money owed…
When a grandfathered bingo hall license is sold, does the new owner get the old right to rent to several bingo groups?
The AG concluded that a court would likely read the Bingo Enabling Act to mean no. A commercial lessor licensed before June 10, 1989, kept a grandfathered right to lease to as many as seven bingo orga…
Can a Texas justice of the peace hire and supervise its own bailiff or warrant officer, and is that employee automatically a peace officer?
The AG concluded that a commissioners court may authorize a justice of the peace to appoint and supervise an employee to do the traditional work of a court bailiff, relying on Local Government Code se…
Can a Texas prosecutor use civil asset forfeiture money to buy insurance on a forfeited house while the case is on appeal?
The AG concluded that a court would likely say yes. A district attorney holding civil asset forfeiture funds under article 59.06(c)(1) of the Code of Criminal Procedure may use those funds to buy prop…
After a storm destroys a manufactured home, can a Texas retailer remove its federal certification label, or does federal law block that?
The AG concluded that federal law does not preempt the Texas rule. The National Manufactured Housing Construction and Safety Standards Act of 1974 sets construction and safety standards and requires a…
When the Arkansas Real Estate Commission gets a FOIA request for an employee's personnel file, must the home address, personnel number, and APERS retirement ID be redacted?
AG Rutledge concluded that the Arkansas Real Estate Commission properly classified the employee's records as personnel records subject to FOIA disclosure, but ordered additional redactions: home addre…
When the Arkansas Real Estate Commission gets a FOIA request for an employee's personnel file, what specifically must be redacted before disclosure?
AG Rutledge concluded that the Arkansas Real Estate Commission properly classified the employee's records as personnel records subject to FOIA disclosure, but ordered additional redactions: personnel …
If the only privacy issue left in an Arkansas state employee's personnel file is one Personnel Number on an Employee Master Data Form, does the agency still have to redact it before release?
Yes. Even with everything else properly redacted, a single internal Personnel Number must still come out, because Arkansas FOIA categorically exempts personal identification numbers used for computer …
Does an Arkansas state agency director have the same FOIA privacy protections in his personnel file as a rank-and-file employee?
Yes. The AG required AREC's executive director to have his Personnel Number, SSN, marital status, home address, federal tax withholding, deductions, and net pay all redacted from his personnel file be…
Can a public employee's net pay be released under the Arkansas FOIA, or does it have to be redacted along with tax withholding and deductions?
It must be redacted. The AG concluded that gross salary is releasable but tax withholding, payroll deductions, and net pay all have to come out before a state employee's personnel file goes to a FOIA …
When an Arkansas state employee's personnel file is released under FOIA, do tax withholding details and performance evaluation columns have to be removed?
Yes. The AG concluded that the AREC's release was generally proper, but federal tax withholding information, an employee performance evaluation column on a bonus document, the employee's Personnel Num…
Can an Arkansas state agency release a current employee's personnel file under FOIA, and what has to be redacted before it goes out?
Yes. Most personnel records must be released, but the agency must redact items like Social Security numbers, dates of birth, home addresses, tax and banking details, and any internal Personnel/PIN num…
Why did the Arkansas AG reject the 2018 minimum wage increase ballot title even though the underlying policy was simple?
The AG rejected the title because the sponsor copy-pasted the entire statutory definitions of 'employer' and 'employee' into the ballot, producing a 967-word title packed with technical terms that vot…
Can a Texas psychologist bill an insurer under their own name when a supervisee actually did the testing, without saying so on the bill?
The AG concluded a court would likely say yes. Occupations Code section 501.351(b) states that a test or service a psychologist delegates to a supervisee is considered delivered by the delegating psyc…
Can the Virginia General Assembly ratify the Equal Rights Amendment after the ratification deadline has passed?
Yes. The lapse of the ERA's original 1979 ratification period and the extended 1982 deadline does not disempower the Virginia General Assembly from passing a ratifying resolution. Congress has substan…
Why did the Arkansas AG reject Alex Gray's 2018 ballot title for a four-county casino constitutional amendment?
The AG found the proposal misleading because it called itself an authorization of four casinos, but actually awarded two licenses automatically to Southland and Oaklawn with no obligation to operate, …
Why did the Arkansas AG reject the 2018 ballot title for the proposed Hemp and Cannabis constitutional amendment?
The AG rejected the title because the proposal said it would 'regulate' cannabis without explaining how that interacted with Arkansas's existing Medical Marijuana Amendment (Amendment 98), so voters c…
Did the Arkansas AG approve the 2018 ballot title for a constitutional amendment authorizing four casinos in Benton, Boone, Miller, and Pulaski Counties?
No. AG Leslie Rutledge rejected the popular name and ballot title in May 2018, finding the proposal had fundamental defects in how it described the locations, the franchise mechanism, and the changes …
Why did the Arkansas AG reject the 2018 ballot title for the Citizens' Redistricting Commission constitutional amendment?
AG Rutledge rejected the proposal because key terms (such as a commissioner's required 'commitment' to honesty and impartiality, and what counts as 'substantial neglect of duty') were too vague and va…
Can Texas spend the Proposition 1 and Proposition 7 highway money on toll roads or on projects that have tolled and free lanes?
The AG concluded that the Texas Transportation Commission may not spend state highway funds it receives under Propositions 1 and 7 on any toll road, because both constitutional amendments restrict the…
Can a Texas school board put term limits on its own trustees through a governance policy, without a state law authorizing it?
The AG concluded that a court would likely say no. Independent school district boards have broad authority to govern and manage their schools, but adding a term limit is really an extra eligibility re…
Can a West Virginia county fire board use the county fire service fee revenue under W. Va. Code § 7-17-12 to pay salaries and personnel costs for firefighters, including paid firefighters?
The AG concluded yes. Section 7-17-12's revenue is dedicated to the county fire board for the purposes set out in Article 17, and Section 7-17-10 expressly authorizes the board to expend funds, employ…
Can a Delaware school agency deny an entire records request just because it says the records relate to a pending lawsuit against the agency?
No, not automatically. The AG found the Department of Education could not justify a wholesale denial of a public records request just by pointing to pending litigation on a related subject; the agency…
Why did the Arkansas AG reject the 2018 minimum wage proposal that would have let cities and counties set higher local minimum wages?
AG Rutledge rejected the proposal both because the title omitted significant aspects of the underlying measure and because the local-option provision itself was ambiguous about how cities and counties…
Why did the Arkansas AG reject the 2018 cannabis constitutional amendment that would have repealed and replaced Amendment 98?
AG Rutledge rejected the proposal because the ballot title did not adequately summarize the proposal's substance, including how it would repeal the existing Arkansas Medical Marijuana Amendment 98 and…
Why did the Arkansas AG reject the 2018 Arkansas True Grass recreational marijuana ballot title?
The AG rejected it for fundamental ambiguities in the proposal text. The AG also reminded the Arkansas True Grass committee that drafting and accurately summarizing the measure are the sponsor's respo…
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