State AG Opinions
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Can a Florida police chief direct or permit firefighters to openly carry firearms during emergency responses?
The AG's office declined to address the question because a municipal police chief generally has no statutory authority over firefighter duties, and the AG only issues opinions on a public officer's ow…
Could Arkansas legally cap enrollment in the Arkansas Works (Medicaid expansion) program at 250,000 or limit it to existing Private Option enrollees?
No. The AG concluded that a state law capping Arkansas Works enrollment or limiting it to current Private Option enrollees would not meet 42 U.S.C. § 1396a(a)(10)(A)(i)(VIII), which requires a state M…
How early and how many lease renewal options can the Texas Facilities Commission exercise for state office space?
Representative Angie Chen Button, looking for ways to lower the cost of state office space outside Austin, asked the AG about the limits on the Texas Facilities Commission's power to renew leases unde…
Do planning, zoning, or historic commission members have to recuse themselves when they own property in the district?
Representative Joe Deshotel asked the AG whether Beaumont planning and zoning commissioners, historic landmark commissioners, and a staff person who own or live on property in the city's historic dist…
When a SD township road runs along the edge of a farm or other private land, who has to control the weeds in the road ditch and right-of-way: the township or the adjoining landowner? And can a township board change the September-1 to October-1 statutory window for when weeds have to be removed?
It depends on the kind of weed. Noxious weeds (the legally-designated ones) are the township's responsibility under SDCL 38-22-22 because the township supervises the road. Everything else (regular gra…
Could the Little Rock School District release a teacher's personnel and disciplinary records in response to a FOIA request, and what had to be redacted?
Mostly yes, with two carve-outs. The AG concluded that the custodian's decision to release the records to a FOIA requester was generally consistent with FOIA. Two specific issues: (1) insurance premiu…
Does an Arkansas agreement between a county and a city to split a federal Justice Assistance Grant need AG approval under the Interlocal Cooperation Act?
No. The AG concluded that an agreement under which a city accepts a Byrne JAG grant, shares the funds equally with the county, serves as fiscal agent, and lets each entity spend its share on equipment…
When an Arkansas district court is funded by both a county and the cities within its jurisdiction, who maintains the court automation fund and who controls how it is spent?
The cities maintain it. The AG concluded that the district court automation fund created by the $5/month installment fee under Ark. Code Ann. § 16-13-704(b)(3) cannot be maintained by both the county …
Can a Florida city regulate loud music or amplified noise coming from boats anchored in the Intracoastal Waterway?
No. The Florida AG concluded that state law preempts local sound ordinances applied to vessels on the Florida Intracoastal Waterway. A city's only opening is the narrow engine/exhaust noise rule a cou…
Can a Florida city or town change the age of 'minor' or the curfew hours after adopting the state juvenile curfew statute by reference?
No. The Florida AG concluded that a city which adopts the state juvenile curfew statutes by reference is bound by their exact terms. To deviate (such as redefining 'minor'), the city must draft an ind…
Does a Florida water control district need a voter referendum to levy a non-ad valorem assessment for park maintenance on leased county land?
No. The Florida AG concluded that neither Chapter 189 nor Chapter 298, nor the district's enabling act, requires the Indian Trail Improvement District to hold a voter referendum before levying a non-a…
Can a Florida city levy a special assessment against a charter school's property?
No. The Florida AG concluded that section 1002.33(18)(d), Florida Statutes, expressly exempts charter school facilities from assessments for special benefits, and that specific exemption controls over…
Can a Florida statutory agency use federal grant money to buy refreshments for its meetings and conferences?
No. The Florida AG concluded that the Metropolitan Planning Organization Advisory Council had no express or necessarily implied statutory power to buy refreshments for its meetings, even using federal…
Was the Arkansas Cannabis Amendment's revised popular name and ballot title sufficient for ballot certification in 2016?
No. The AG rejected the proposed popular name and ballot title because additions in the underlying measure created ambiguities the AG could not resolve and the AG therefore could not draft a fair summ…
Did the Arkansas AG certify the ballot title for the 2016 Arkansas Term Limits Amendment sponsored by Skip Cook?
Yes. The AG concluded that the popular name and ballot title for the proposed Arkansas Term Limits Amendment were sufficient under the standards set by the Arkansas Supreme Court and certified them as…
Can the public get a letter from a public agency telling an employee about disciplinary action through an Arkansas FOIA request?
Yes, with redactions. The AG concluded that the disciplinary letter to a West River Valley RSWMD employee was an employee evaluation record, that the four-part test for release (suspension or terminat…
Does a public body violate open-meetings law if the meeting room turns out to be too small for the crowd that shows up?
It can, according to this opinion. The State Board of Education held a heavily attended meeting on a controversial school redistricting plan in a room that turned out to be too small, and the AG found…
Can a Tennessee handgun carry permit holder leave their gun in a locked car in a school parking lot, and does the gun ban also reach unoccupied school storage property?
Yes (locked car) and yes (storage property). The AG concluded § 39-17-1313's vehicle storage rule overrides § 39-17-1309's school-property ban for permit holders, but the school-property ban itself re…
Where do unclaimed funds in an Arkansas lawyer's trust account (IOLTA or non-IOLTA) go: to the State Auditor under the Unclaimed Property Act, or to the Arkansas Access to Justice Foundation under Rule 1.15?
To the Foundation, under Rule 1.15. The AG concluded that funds in a lawyer's trust account are governed by Rule of Professional Conduct 1.15(c) and must be paid to the Arkansas Access to Justice Foun…
Can the public get a copy of an ADWS employee's redacted job application through Arkansas FOIA?
Yes. After reviewing the application that ADWS intended to release, the AG concluded that the custodian's decision to release it as redacted was consistent with FOIA. A job application is a personnel …
Did Tennessee's 2015 ban on speed-cam citations apply to existing contracts between cities and camera vendors, or just to new ones?
Existing contracts too. The AG concluded Chapter 468 of 2015 applied to all existing speed-camera contracts and that this was not an unconstitutional impairment of contracts. State police power suppor…
Do local school nutrition associations qualify as 'school support organizations' under Tennessee's School Support Organization Financial Accountability Act?
Probably not, as the associations were operating at the time. They are nongovernmental organizations supporting schools in the area of nutrition, which satisfies the first half of Tenn. Code Ann. § 49…
Can a Tennessee officer make a driver sign a blank screen on a tablet when issuing an electronic traffic citation, and can the officer arrest the driver who refuses?
An officer can require the driver to sign on a screen only if that screen is part of a statutorily compliant electronic citation the driver had a chance to read; a stand-alone blank screen is not a ci…
Can an Arizona constable carry a firearm into places where civilians cannot under § 38-1113, even when the constable is off-duty and not performing official duties?
Off-duty constables generally do not get the peace-officer firearm-carry exception in A.R.S. § 38-1113. A constable's peace-officer status applies only 'in the performance of the constable's official …
Can a Virginia circuit court clerk refuse to forward a court-appointed lawyer's pay request for missing a 'detailed accounting' of time?
The authority to decide whether a court-appointed attorney provided a 'detailed accounting' of time belongs to the presiding judge (or, where additional waivers are sought, the chief judge). The circu…
Can a church or home kitchen prepare food for a homeless shelter without being treated as a restaurant for health-inspection purposes?
Yes. The AG concluded that private home and church kitchens used to prepare food donated to a charitable organization, such as a homeless shelter, were exempt from state and local food-service regulat…
What must an Arkansas county quorum court appropriate for the coroner's office, can coroners join APERS, and can they be paid as independent contractors?
The AG concluded that no Arkansas statute fixes specific items a quorum court must appropriate for the coroner. Section 14-15-309's mutual-aid items (transport equipment, body bags, PPE, etc.) signal …
Can a medical marijuana cardholder in Oregon also grow and possess recreational marijuana on top of their medical limits?
Yes for plants and usable marijuana, but no for extracts and concentrates. The AG concluded that nothing in Oregon law forbade 'stacking' medical and recreational plants or usable marijuana, but stack…
Can a Florida town commission count members who join by video as part of the quorum for a public meeting?
No. The opinion explained that under Florida's Sunshine Law a quorum of a local board must be physically present at the meeting site. Members joining remotely can participate once a physical quorum is…
How does a Florida county calculate and distribute the fire-rescue discretionary sales surtax, and what happens to any surplus?
The opinion read section 212.055(8) to fix each fire agency's share by its average annual fire-rescue spending over the five fiscal years before the surtax took effect, with recalculation only when a …
If a person is appointed to fill a vacancy in an Arkansas city of the first class elected office, can they run for that same office in the next election?
Generally yes. The AG concluded that there is no general constitutional or statutory prohibition against a person running to succeed himself after being chosen to fill a vacancy in a city office. Sect…
Can Arkansas hold a special school millage election on any day another election is being held, or are there days where other elections can occur but school millage votes cannot?
Not on every day. The AG concluded that a special school millage election may be held only when both (a) the three conditions in Ark. Code Ann. § 6-14-102(b) are met (constitutional and statutory scho…
In Arkansas, when a defendant makes a partial payment on a criminal or traffic court judgment, how is that payment split between court costs, restitution, and fines?
In district court, partial payments are allocated under Ark. Code Ann. § 16-10-209(5)(F)(i): first to court costs (until paid in full), then to restitution (until paid in full), then to fines. No simi…
Can members of Tennessee's Underground Utility Damage Enforcement Board (UUDEB) be reimbursed for travel even though the statute says they serve 'without compensation,' and can they meet by phone or video?
Yes to reimbursement. 'Without compensation' bars salary or remuneration for service, but state travel-reimbursement rules apply to UUDEB members under Tenn. Code Ann. § 8-26-116. The Open Meetings Ac…
Did Arkansas school districts have to maintain a 1-school-nurse-per-750-students ratio under Ark. Code Ann. § 6-18-706?
No, not in 2016. The AG concluded that § 6-18-706's nurse-to-student ratios (1:750 generally, 1:400 for districts with high disability concentrations, 1:125 at centers for profoundly disabled students…
Can a Texas county pay a nonprofit to display American flags on holidays?
Upshur County's auditor asked the AG whether it was a legal use of public funds for the county to take part in a Rotary Club flag project, in which area businesses pay to have American flags placed in…
Is Texas's 'Any Willing Pharmacy' insurance law still blocked by federal ERISA law?
Senator Charles Schwertner and Representative Todd Hunter asked the AG whether article 21.52B of the Texas Insurance Code, the 'Any Willing Pharmacy' law, is enforceable after the U.S. Supreme Court's…
When can a Texas school board hold a special election to fill a trustee vacancy if no date fits the 180-day deadline?
The Val Verde County attorney asked the AG whether a school district board of trustees could fill a vacancy by special election on a uniform election date that fell more than 180 days after the vacanc…
When a county commissioner resigns mid-term, can a Republican-by-convenience switch to the resigning Republican's party in time to be appointed; when does the thirty-day clock start; does the appointee have to live in the same magisterial district; and how long does the appointee serve?
Per the AG: (1) yes, party switching for appointment is allowed and there is no cutoff date because the Legislature only restricted party-switching for candidates running for election (W. Va. Code § 3…
After the Nicholas County emergency services director resigned during a flood emergency, did the County Commission have to repost the job and run a fresh hiring process, or could it just pick from the existing pool of resumes?
Per the AG, state law does not prescribe a hiring procedure. W. Va. Code § 15-5-8 makes the local OES director an at-will appointment 'to serve at the will and pleasure' of the appointing body, which …
Are pay-to-play fantasy sports leagues legal in West Virginia, or do they count as illegal gambling on a 'game of chance'?
Legal under then-current law, as defined in pending Senate Bill 529. The AG read W. Va. Code §§ 61-10-5 and 61-10-11 to prohibit only betting on games where chance predominates. Fantasy sports games a…
Can the public get a copy of a state agency employee's job application through an Arkansas FOIA request, and what has to be redacted?
Generally yes. The AG concluded that documents constituting an application for public employment with the Arkansas Department of Workforce Services were subject to public disclosure under FOIA, with r…
Can employees of private traffic camera companies in Tennessee preview footage and flag possible red-light violations before sending the clips to a police officer for a final call?
No. The AG read Tenn. Code Ann. § 55-8-198(b)(1)'s 'only POST-certified or state-commissioned law enforcement officers' clause to bar any substantive violation review by private vendor employees, incl…
Is a Texas county school equalization tax an unconstitutional state property tax?
Rusk County and District Attorney Micheal Jimerson asked the AG whether the county's school equalization tax was an unconstitutional 'state ad valorem tax' barred by article VIII, section 1-e, especia…
Can a Florida city enforce its alcohol ordinances on the grounds of a state community college located inside the city?
The AG's office declined to issue a formal opinion because the question pitted one government against another. In informal comments, the office observed that section 1001.64(5), Florida Statutes, gave…
When does the 60-day window protecting Arizona political signs from city removal start: 60 days before primary-election day, or 60 days before early ballots are mailed?
60 days before primary election day. The 'period commencing sixty days before a primary election' in A.R.S. § 16-1019(H) is measured from the statutorily defined primary election date in A.R.S. § 16-2…
Do public meeting minutes have to include everything a resident said during public comment?
No, according to this opinion. A resident complained that a city council's meeting minutes omitted parts of his critical public comment about a social media policy, distorting the public record. The A…
Can a Texas school district keep student information from parents, and can a superintendent set that policy alone?
Lieutenant Governor Dan Patrick asked the AG two questions about guidelines the Fort Worth Independent School District superintendent adopted in 2016 to address issues facing transgender students. Fir…
Can a Texas school board pay a law firm a flat fee for legal services without it being an illegal gift of public funds?
The Commissioner of Education asked the AG whether an independent school district board could lawfully pay a law firm a minimum flat fee for legal services regardless of hours worked, and whether such…
Where can a Texas city post a sign to keep guns out of a city council meeting?
A district attorney asked, for the City of Alice, how a city must post notice to keep license holders from carrying handguns at city council meetings. The AG explained that Penal Code section 46.035(c…
Has Florida's Attorney General pressed the FAA over aircraft noise from NextGen flight paths over Florida?
Yes. In a June 2016 letter, Attorney General Pam Bondi urged the FAA to address Tampa-area noise complaints tied to the satellite-based NextGen flight path system, citing impacts on property values an…
Does Florida law require day care centers to use booster seats when transporting 4- and 5-year-olds?
Yes, the opinion concluded. Section 316.613, Florida Statutes, applied to public and private child care centers transporting children aged 5 or younger. None of the statute's exemptions (gratuitous tr…
Does Florida law require child safety seats in a golf cart, and can a city limit who can drive a golf cart on public streets?
No on car seats. A golf cart on the public streets did not have to carry child restraints, and a city could not flatly ban unlicensed drivers from operating a golf cart because state law allowed unlic…
Can a Florida county ban manufacturing firearms at home through a zoning ordinance that also bans other home-based businesses?
Yes. The AG read the zoning-ordinance exception in section 790.33(4)(a) to allow Polk County to enforce its home-occupation rules that banned all manufacturing in residences, including firearms manufa…
Is Arkansas's 'drunken, insane, or disorderly persons' arrest statute (Ark. Code Ann. § 12-11-110) constitutional, and can district courts assess fines or court costs under it?
The AG declined to answer. Pending litigation in Craighead County (Burcham v. Craighead Cty., No. CV-16-401, filed June 10, 2016) was already presenting essentially the same questions, and the AG's of…
Does posting 'no trespassing' signs on an Arkansas driveway make it criminal trespass for a door-to-door salesperson to drive up to the house?
Generally no. The AG concluded that Ark. Code Ann. § 18-11-403 only prohibits entry on posted land 'for recreational purposes,' so a salesperson is not violating that statute by entering the driveway.…
When a defamation defendant in Tennessee invokes the source of an allegedly defamatory statement as a defense, does the plaintiff have to follow the Shield Law's divestiture-order procedure to get the source disclosed?
No. The Shield Law's divestiture-order procedure in Tenn. Code Ann. § 24-1-208(c)(1) only applies when the information or source is protected under the privilege in subsection (a). Subsection (b)'s de…
What happens to a Texas charter school's buildings and land when the school closes?
The Commissioner of Education asked whether real property a charter school returns to the State under Education Code section 12.128, when the school stops operating, becomes 'unappropriated public dom…
How long can a state-appointed board of managers run a Texas school district?
The Commissioner of Education asked how Education Code section 39.112, which sets the appointment period for a board of managers that replaces an elected school board, applies after two 2015 bills ame…
Can a LOPFI member rely on an old quoted price to buy retirement service credit at the old rate?
The AG concluded that no, the LOPFI service-credit purchase price has been actuarially determined 'as of the time of the purchase' since 1999. The ex post facto clauses did not apply because they cove…
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