State AG Opinions
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Does a foreign naval ship visiting New York (for example, a vessel attending Fleet Week) have to take a New York-licensed pilot to enter or leave port?
Yes, but enforcement is limited. AG Schneiderman concluded that New York's compulsory pilotage law applies to foreign public (non-commercial) vessels because no federal statute or treaty exempts them,…
Did the Arkansas Attorney General certify the September 2016 draft of the Arkansas Cannabis Amendment?
No. AG Leslie Rutledge rejected the September 26, 2016 draft of Mary Berry's proposed Arkansas Cannabis Amendment. The marijuana-license definition referred to the plant itself, but the recreational a…
Are a volunteer fire department's charitable-fundraising records public records under Florida's Sunshine Law?
Probably yes, depending on the totality of the circumstances. Under Schwartzman v. Merritt Island Volunteer Fire Dept., 352 So. 2d 1230 (Fla. 4th DCA 1977), a volunteer fire department that serves as …
If a Virginia electoral board member takes a part-time town attorney job, are they automatically off the board, and are any decisions they made still valid?
Off the board on acceptance, but past acts remain valid. The AG concluded that under Article II, § 8 of the Virginia Constitution and § 24.2-119, an electoral board member cannot simultaneously serve …
Did Arkansas Act 667 of 2003 amend or repeal the 1883 act dividing Craighead County into the Jonesboro and Lake City judicial districts?
Act 667 of 2003 did not expressly amend or repeal Act 61 of 1883. The AG concluded the most sensible reading is that Act 667 impliedly repealed Act 61's 'Lake City Rule' (which required certain offici…
Does an Arkansas county convention delegate automatically become a county committee member, and how do affidavits of eligibility and candidate-eligibility challenges work?
The AG concluded no Arkansas statute automatically makes a county convention delegate a county committee member, but a party rule could provide that. Affidavits of eligibility likely must be notarized…
What did the Idaho Attorney General's 2016 statutory review of the proposed initiative to outlaw all abortions in Idaho as murder say about the measure's legality under then-controlling federal constitutional precedent?
AG Wasden's 2016 Certificate of Review concluded the proposed initiative would be unenforceable and indefensible if voters approved it. Under then-controlling Roe v. Wade and Planned Parenthood v. Cas…
Can Tennessee constitutionally limit which surname goes on a newborn's birth certificate?
Yes. The AG concluded that § 68-3-305 likely survives a First Amendment challenge because a birth certificate is government property in a limited or nonpublic forum, and restrictions there only need t…
Can a Florida part-time law enforcement officer also work simultaneously for a second Florida law enforcement agency without violating the constitutional ban on dual officeholding?
Only if the second position was unpaid. Article II, Section 5(a) of the Florida Constitution bars one person from holding two state, county, or municipal 'offices' simultaneously. The AG's informal le…
What are Arizona police allowed to do under SB 1070 when they suspect someone is in the country without authorization?
The AG laid out a model policy: officers may check immigration status during a lawful stop if reasonable suspicion exists, but may not prolong the stop to do so, may not use race or ethnicity as the b…
Is the 25% signature requirement for recalling an Arkansas mayor under § 14-42-119 unconstitutional because it exceeds Amendment 7's 15% threshold for local initiatives?
No. The AG opined that Article 5, § 1 (Amendment 7) governs only initiated legislation, while § 14-42-119 governs municipal recall elections that merely execute a statutory removal procedure. The 25% …
Does Tennessee require school districts to lease vacant property to charter schools, or just offer it?
An LEA with underutilized or vacant property must list it and make it available for use by charter schools, in the sense of putting it on the market. But the LEA is not forced to sign a lease unless t…
After the 2012 Mining Law gave Maine's Department of Environmental Protection broad rulemaking authority over metallic mineral mining, did DEP also have authority to adopt rules categorically banning mining on state-owned land?
No. The 1985 Mining on State Lands subchapter (Title 12 §§ 549-549-C) gives the agency holding the state land, in consultation with the Director of the Survey, jurisdiction over mining on that land. T…
Does a Texas special education video surveillance request cover one classroom or the whole district?
The Texas Education Agency asked the AG how to read section 29.022 of the Education Code, the 2015 law requiring video cameras in certain special education settings on request by a parent, trustee, or…
Could the Georgia Department of Revenue impose an administrative cap on Forest Land Protection Act assistance grants when the formula produced grants larger than the actual current-year revenue loss?
No. Both the Georgia Constitution and the FLPA statutes set out the assistance-grant formula in detail, including the use of the 2008 base-year fair market value. Neither authorized or contemplated a …
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…
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 an abortion in New York performed after 24 weeks be lawful when the fetus was not viable, or when the procedure was needed to protect the pregnant woman's health, even though the Penal Law's text only excused abortions necessary to save her life?
Yes. AG Schneiderman concluded that to remain consistent with the federal Constitution as interpreted by the U.S. Supreme Court, Penal Law § 125.05 had to be read as containing implicit exceptions for…
Can the Mayor of Rialto sue another city council member in quo warranto to remove him on the ground he didn't live in the city when reelected?
No. The AG denied leave to sue in quo warranto. Council member Palmer's sworn evidence (voter registration change, candidate filing, driver's license, photographs of his upstairs residence) and the ci…
Is the State of Texas on the hook if a city pension system can't pay its obligations?
State Representative Jim Murphy, chairing the House Corrections Committee, asked the AG whether the State of Texas must assume liability if one of the municipal retirement systems created under title …
Can an Arkansas sheriff issue a blanket denial of a FOIA request for records about an employee's alleged harassment, and does the employee's resignation unlock those records?
The AG could not opine on specific records she had not seen, but she identified three key principles: (1) the FOIA does not require detailed denial explanations, but the cited exemption should be prov…
Can a city council member who serves on a redevelopment successor agency board exercise a right of first refusal from a pre-office lease to buy property in the former redevelopment area?
No. Exercising a pre-office right of first refusal counts as 'acquiring' a property interest under Health and Safety Code § 33130(a). A successor agency board member is barred from acquiring property …
Can a private school in Arizona allow non-police employees to carry concealed firearms on campus?
Yes. The AG concluded that neither Arizona law nor the federal Gun Free School Zones Act stops a private school from letting CCW permit holders carry concealed handguns on campus, or from securely sto…
What did the Idaho Attorney General's 2016 review of the proposed Idaho Medical Marijuana Act flag as legal problems before the petition could be circulated, even though the AG took no position on the policy?
AG Wasden's 2016 Certificate of Review identified numerous drafting and substantive problems: the proposed chapter would be enacted under an Idaho Code citation already in use; some defined terms were…
When a director of the Metropolitan Water District of Southern California recuses for a conflict, do the rest of that constituent agency's votes still get cast, or does the recusal kill those votes?
A legally disqualified MWD director is treated as not present for that vote. The constituent agency's votes are then shared equally among the other qualified representatives who are present, not lost.…
When did Virginia's 2016 pickup truck personal-property tax exemption start applying, and did the timing create unconstitutional unequal taxation?
The AG concluded that the new pickup-truck personal-property tax exemption (effective July 1, 2016) did not apply to qualifying vehicles taxable in the locality as of January 1, 2016. Those vehicles r…
Can a Virginia animal control officer decide not to seek a dangerous-dog summons after a bite if a statutory defense might apply?
Once an animal control officer had objective reason to believe a dog had bitten, attacked, or injured a person, § 3.2-6540 made it mandatory to apply to a magistrate for a summons. The statutory excep…
Can a Virginia county tax boats by charging a license fee instead of personal property tax?
No. The AG concluded that counties had no authority under Virginia law to impose a license fee on boats in lieu of personal property taxes. The General Assembly had expressly authorized local license …
Does Virginia's $1 open-space recordation fee on 'deeds' apply to deeds of trust and leases?
Yes. The AG concluded that 'deed' in § 58.1-817 carries its established legal meaning, any signed, sealed, and delivered instrument conveying some interest in property. Deeds of trust and leases both …
When must the Virginia Compensation Board start paying local jails back for medical costs of state-responsible inmates?
The Compensation Board's policy of starting reimbursement on day 91 was inconsistent with § 53.1-20.1, which makes the state responsible beginning on day 61 after notice of the commitment order. The A…
Can a retired Virginia judge who has taken his name off the Supreme Court's recall list still officiate weddings without posting a bond?
Yes. AG Herring concluded that Va. Code § 20-25 lets any 'retired judge or justice of the Commonwealth' celebrate marriages without bond or order of authorization, including a judge who has voluntaril…
When a Virginia brewery fills a refillable beer growler with beer, is that growler 'factory sealed' so it's exempt from local meals tax?
Yes, if the brewery itself seals and sells the growler for off-premises consumption. AG Herring concluded that for purposes of Va. Code § 58.1-3840(B)'s meals-tax exemption, 'factory sealed' means sea…
Must Tennessee court clerks actually destroy paper records of dismissed charges when granting a partial expungement, or just delete database entries?
Yes, court clerks must destroy public records relating solely to dismissed or acquitted charges when granting a partial expungement under Tenn. Code Ann. § 40-32-101(j). Records that cover both convic…
Who picks the executive director of the Georgia Board of Nursing, the Board itself or the Secretary of State?
Both, in different roles. The Secretary of State chose which qualified candidates to submit to the Board for approval, and the Board had the authority to approve or disapprove from those candidates. O…
Can a registered Tennessee sex offender enter a government office for services when the office sits within 1,000 feet of a school or park?
Maybe. A sex offender whose victim was a minor generally cannot be within 1,000 feet of schools, parks, day cares, or similar locations when children are present. But the 'any other legitimate reason'…
Do teacher-led activity programs like GoNoodle satisfy Tennessee's K-6 'non-structured physical activity' requirement?
No, to the extent those programs are structured (teacher-led, coordinated, or tied to instruction), they don't satisfy Tenn. Code Ann. § 49-6-1021's requirement of 'non-structured' physical activity f…
Is Florida's Tampa Port Authority a 'public entity of the state' under FAA rules so that it can run an unmanned-aircraft systems test site?
Yes. Attorney General Pam Bondi formally certified to the FAA that the Tampa Port Authority is a 'public entity of the state' for purposes of the FAA's Unmanned Aircraft Systems Test Site selection pr…
Can an Arkansas state agency release a former employee's personnel records under FOIA, and what specific information must be redacted to protect personal privacy?
The AG concluded that the personnel records of the DF&A employee at issue are properly classified as personnel records and are subject to release, but specific additional redactions of marital/depende…
Are Arkansas child maltreatment investigation records and the related probable cause reports exempt from disclosure under the Freedom of Information Act?
Yes. The AG concluded that Ark. Code Ann. § 12-18-104 prohibits release of the entire record of a child maltreatment investigation, including data collected by local law enforcement (sheriffs and poli…
Can the board of a rural Arkansas fire protection district formed in 1982 raise its maximum assessable levy using the 2015 amendments without a new vote of property owners?
Yes. The AG concluded that Act 1234 of 2015 (codified at Ark. Code Ann. § 14-284-206(b)) applies to fire protection districts formed both before and after 2015, including one formed in 1982. The board…
Can the public force the Tennessee State Museum Foundation to reveal its donors' names and gift amounts under the Public Records Act?
No. The Tennessee State Museum Foundation is a private 501(c)(3) nonprofit, not a state agency. It receives no government funding and is not under government control, so it does not meet the Memphis P…
After the Virginia Supreme Court invalidated McAuliffe's blanket rights-restoration order, did the Richmond Electoral Board have to strike a school-board candidate whose registration was retroactively cancelled?
No. The AG concluded that a school board candidate's qualifications are tested at the time of election under § 22.1-29, not at qualification. The electoral board did not have to strike a candidate who…
Does an Arkansas county have to use competitive bidding when it leases (rather than buys) equipment under the county purchasing statutes?
No. The AG concluded that a true lease (a simple rental agreement that does not give the county any ownership option in the equipment) is not a 'purchase' under Ark. Code Ann. § 14-22-101's definition…
Can a 4x4 side-by-side off-road vehicle be operated and licensed on Arkansas public streets and highways?
It depends. If the side-by-side meets the statutory definition of an ATV or recreational off-highway vehicle (3/4/6 wheels, ≤50 or 75 inches wide, nonhighway tires, off-road design, ≤1000cc engine), i…
Can Arkansas county election commissioners be paid an hourly or salary rate for election work performed outside public meetings, and can the county recover that cost from the State?
Partly yes. The AG concluded that State Board of Election Commissioner reimbursement to counties is limited to per-public-meeting payments under Ark. Code Ann. § 7-4-111(b), capped at not less than $2…
Can a Texas county commissioners court set vehicle rules that apply to the sheriff's cars?
A district attorney and the Llano County Attorney asked the AG whether a county commissioners court could adopt a county vehicle policy handbook covering vehicles allocated to the sheriff, and whether…
Can a Florida city or county code enforcement inspector enter private residential property to inspect for code violations without consent or a warrant?
No. The AG's office reaffirmed Attorney General Opinion 2002-27: a Florida code enforcement inspector cannot enter private commercial or residential property to enforce local codes without the owner o…
Can a Tennessee doctor or pharmacist be sued for negligence if a patient becomes addicted to a prescribed opioid?
No Tennessee statute or common-law rule shields doctors or pharmacists from professional-negligence liability when a patient becomes addicted to a prescribed opioid. Whether they are liable in a given…
Was the revised Berry cannabis amendment ballot title sufficient for certification in 2016?
No. The AG rejected the popular name and ballot title for a second time, citing nine ambiguities in the underlying measure. The revised draft fixed some issues but introduced new ones, including uncle…
Can a Tennessee county buy one insurance policy instead of individual official bonds for its sheriff, trustee, and register of deeds?
Yes. 2016 Public Chapter 749 authorized counties to buy a single government-crime or employee-dishonesty policy of at least $400,000 per occurrence in place of individual bonds for officials such as t…
Can a Tennessee city's red-light camera vendor pre-screen video footage (filtering out blurred images or exempt vehicles) before a certified officer reviews it for citations?
Yes. The AG concluded the statute permits vendors to do ministerial pre-screening like quality assurance and filtering out unusable footage or exempt vehicles. Only a certified officer can make the vi…
Can a county attorney's employee serve on a water district board if the attorney represents that district?
The Jim Hogg County Attorney asked the AG whether section 49.052 of the Water Code disqualified one of his office employees, an investigator paid by the county, from serving on the board of a water co…
Can a Texas justice of the peace open court with a prayer or run a volunteer chaplain program?
Lieutenant Governor Dan Patrick and the State Commission on Judicial Conduct asked the AG whether it is constitutional for a judge to open court with prayer and to run a volunteer chaplain program. Th…
Can Georgia state and local law enforcement agencies use federal forfeiture proceeds to pay officer overtime?
Yes, to the extent permitted by federal law and regulations. The Georgia Uniform Civil Forfeiture Procedure Act of 2015 repealed former O.C.G.A. § 16-13-48.1 and amended § 16-13-49 to delete the prohi…
Can an Arkansas city police department use a 90-day probationary period for new officers despite the state CLEST regulation requiring 12 months?
No. The AG concluded that the Arkansas Commission on Law Enforcement Standards and Training (CLEST) has statewide regulatory authority over police certification standards, that CLEST Regulation 1003 r…
Does Florida's Sunshine Law apply to an unopposed candidate for a community development district before election day?
No. The AG's office confirmed that AGO 98-60 still applied: an unopposed candidate for a Florida community development district board was not a 'member-elect' subject to the Government in the Sunshine…
After the June 2016 flood, can White Sulphur Springs give a piece of city-owned land to a regional economic development corporation, which will then pass it to a 501(c)(3) charity to build discounted homes for displaced residents?
Yes, on the facts described. W. Va. Code § 8-32-2 lets a municipality transfer property to an area development corporation 'for or adaptable to use in industrial and economic development.' The Greenbr…
Does Virginia's project-labor-agreement statute apply to highway and transportation contracts awarded under the Public-Private Transportation Act?
No. The AG concluded that § 2.2-4321.2 of the Code, the Public Procurement Act provision governing project labor agreements, does not apply to contracts awarded under Virginia's Public-Private Transpo…
Can a private nonprofit that leases city-owned property in Texas ban licensed handgun carry on it?
The Erath County Attorney asked whether a nonprofit with offices on city-owned land could prohibit licensed handguns. The AG concluded that the state law penalizing improper no-gun postings (Governmen…
Can the Texas Lottery Commission deny or revoke a lottery sales agent license because of a gambling offense?
The chairman of the Texas Lottery Commission asked the AG how far the agency's licensing power reached when an applicant or sales agent had gambling problems short of a final conviction. The AG conclu…
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