State AG Opinions
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Can an Arkansas city pass a blanket ordinance permanently exempting itself from the Shielded Outdoor Lighting Act's requirement that public funds be used only for shielded outdoor light fixtures?
No to a blank exemption. The AG said any cost-prohibitive exemption ordinance under the Shielded Outdoor Lighting Act must reflect the cost analysis the statute requires, and the AG flagged most other…
Can a Florida public pension board travel out of state to interview consultants without violating the Sunshine Law?
A local public pension board cannot travel to other states to interview investment consultants and satisfy the Government in the Sunshine Law just by providing a live audio-video feed back home. The f…
Is a Florida state college district a public entity or political subdivision of the state?
At the FAA's request, the Attorney General certified that the District Board of Trustees for Indian River State College is a political subdivision and public entity of Florida. Under section 1.01(8), …
Can a Florida water authority created by interlocal agreement use Chapter 153 liens for unpaid bills?
The lien power in section 153.67 belongs only to water and sewer districts created under Part II of Chapter 153. The Big Bend Water Authority was created by interlocal agreement under Chapter 163, so …
Are job applications sent to a Florida public agency public records, even unopened ones?
Job applications received by a Florida public agency are public records under Chapter 119, open to inspection and copying once received, even if the agency never opened them. An agency cannot 'seal' j…
Can a Florida county ban on-premises alcohol sales or require brown-bagging and drink limits?
A Florida county can authorize or prohibit alcohol sales only through the local-option election in Article VIII, section 5(a) of the state constitution. It can regulate where alcohol establishments si…
Can a small Washington city keep charging high utility rates and move the surplus into the general fund, or does it have to drop rates?
The AG concluded that a second-class city subject to RCW 35.23.535 has the discretion either to reduce utility rates or to transfer the excess to the current expense fund. But persistent, large surplu…
If a New York business offers to dispose of pet remains through alkaline hydrolysis (a chemical 'flameless cremation' process), does it need a pet-cemetery or pet-crematorium license under General Business Law Article 35-C?
Yes. AG Schneiderman concluded that Article 35-C's licensing requirement covers any entity that offers, for a fee, to dispose of pet remains by 'earth burial, entombment, inurnment, cremation or other…
When a New York village wants to remediate or demolish an abandoned, deteriorating building and recover the cost, what notice does it owe the mortgagee, can the county refuse to relevy unpaid remediation costs as part of village taxes, and does a tax-foreclosure sale wipe out the mortgage?
Three answers from AG Schneiderman's office: notice to publicly-recorded mortgagees is generally required (always for demolition or significant cost assessments) outside of true emergencies; a county …
When a member of a New York public housing authority's board was elected by tenants (rather than appointed by the mayor), does the Public Housing Law's removal procedure still apply?
Yes. AG Schneiderman's office concluded that Public Housing Law § 34's mayor-led removal-for-cause procedure applies to all board members, appointed or tenant-elected. The mayor cannot fill the result…
When an Arizona school district calculates how much bond debt it can take on, does it use the full cash value of taxable property in the district or the lower limited property value?
Full cash value. School district bond indebtedness limits under Article 9, §§ 8 and 8.1 of the Arizona Constitution have always been calculated on full cash value. Proposition 117's introduction of li…
Does a nonprofit that gets most of its funding from the state count as a public body under Delaware's open meetings law?
No, according to this opinion. The Cape Henlopen Senior Center, a private nonprofit that gets more than two-thirds of its budget from state and county grants and had the Rehoboth Beach mayor and polic…
If Virginia's Governor or Attorney General is convicted of a corruption felony, who triggers their forfeiture of state pension benefits, and at what point in the appeals process do they actually lose it?
AG Herring concluded the Governor is the 'employer' of statewide elected officers for pension-forfeiture purposes under Va. Code § 51.1-124.13, and the Governor may delegate that role. Forfeiture is t…
If someone working at a Virginia daycare commits a misdemeanor outside of work, does that disqualify them from staying employed there under Virginia's barrier crime law?
Yes. AG Herring concluded that the phrase 'while employed in a child day center' in Va. Code § 63.2-1720(C) covers any offense committed during the worker's period of employment, regardless of whether…
When does the ban on counties using public resources to support or oppose a ballot measure kick in, and what kinds of communications cross the line?
The prohibition on counties using public resources to influence a ballot measure under A.R.S. § 11-410 begins when the Secretary of State issues a serial number to the petition. Whether particular con…
Can a Tennessee city sidestep state law by outsourcing operation of a city-owned park to a private nonprofit, so the nonprofit can ban handgun carry permit holders from the park?
No. A 2015 amendment removed cities' authority to ban permitted handguns from city-owned parks. Cities can't transfer authority they don't have. Outsourcing operation, charging fees, or fencing the pa…
Do private companies that bring drug- or weapons-sniffing dogs into Tennessee public schools need a private investigator license?
Yes. A contractor providing canine detection services is an 'investigations company' and 'private investigator' under Tennessee's licensing act. None of the statutory exemptions applies. Independent c…
Can a Tennessee rural electric cooperative auto-enroll members in a charitable round-up program by default, or does the law require members to opt in first?
Opt-in only. The statute lets cooperatives accept 'voluntary contributions,' and voluntary means an informed choice. The cooperative must disclose the program's essential facts and get the member's af…
Did the Arkansas AG certify a popular name and revised ballot title for the proposed Campaign Finance Act of 2016 disclosure initiative?
Yes. On the sponsor's revised submission, the AG certified both the popular name 'The Campaign Finance Act of 2016' and the ballot title as submitted, while flagging that complex measures face higher …
What expenses are Virginia localities legally required to pay for their sheriff's offices, and can they net those obligations against revenue from prisoner processing fees and courthouse security fees?
AG Herring concluded each funding statute must be analyzed separately ('may' is permissive, 'shall' is mandatory). No Virginia statute lets a locality use prisoner processing fees (§ 15.2-1613.1) or c…
Does cheating with someone of the same sex count as adultery for a Maryland divorce?
The opinion concluded that a spouse's extramarital sexual conduct with someone of the same sex qualifies as adultery under Maryland's family law divorce statute, so a spouse could use a partner's same…
Did the Arkansas AG approve the 'End Cannabis Prohibition' ballot title for the 2016 initiated constitutional amendment?
No. The AG rejected the proposal for ambiguities, including a definition of 'hemp' missing its main verb, an internal inconsistency between the broad legalization clause and the narrower regulation cl…
How does a burial association in Arkansas legally dissolve, and what role does the Burial Association Board play in the dissolution or merger process?
The dissolution path depends on whether the association is incorporated and under which nonprofit-corporation act. The Burial Association Board has no clear statutory authority to regulate dissolution…
Under the 2015 amendments to Arkansas's Public School Choice Act, what does a school district have to do to claim a desegregation-related exemption, and does the Department of Education review that claim?
A district must immediately submit proof from a federal court that it has a genuine conflict with an active desegregation order or plan. The Department of Education does not have statutory authority t…
Who appoints the Director of the Arkansas Department of Parks and Tourism: the State Parks Commission or the Governor?
Both have a role. The AG read all three relevant statutes harmoniously: the Commission nominates (or submits candidates), the Governor approves the nominee, and the Senate then consents under § 25-13-…
When the Arkansas Chief Justice is absent or unable to serve, how is an acting Chief Justice selected, and is the statutory seniority rule consistent with Amendment 80?
Yes, the two provisions can be read harmoniously. Both restrict the pool of acting-Chief-Justice candidates to the remaining elected associate Justices, and Ark. Code Ann. § 16-10-101(d) further speci…
Can two or more Arizona nonprofits team up to run a single raffle without violating gambling laws, or does each raffle need a single sponsoring nonprofit?
Yes. More than one Arizona nonprofit may serve as the 'sponsoring organization' for a single raffle under A.R.S. § 13-3302(B), as long as each nonprofit independently qualifies for the gambling exempt…
Do Davidson, Hamilton, Knox, and Sullivan counties have to pay each member of their county legislative bodies $25,000 a year under Tenn. Code Ann. § 8-24-115?
Only Knox County was ever required to, and only from 1975 to August 31, 1980. The 1975 statute applied only to counties with a 'commission form of government,' a phrase that was dropped during codific…
Was Tennessee's 2015 bill giving property tax credits to marina operators on federal Corps of Engineers land constitutional?
No. The AG concluded HB 459 violated the uniform taxation requirement of the Tennessee Constitution because it effectively exempted commercial marina property on federal land from the same property ta…
Do Tennessee private high schools have to use the state's 4.0 grading scale for their students to qualify for HOPE scholarship eligibility?
No. The AG concluded HOPE eligibility can be established either through the state's uniform 4.0 grading scale or through any other grading method that allows mathematical conversion to that scale.
When Tennessee said the Foreign Language Institute is 'attached to the board of regents for administrative purposes,' did that make TFLI staff Board of Regents employees instead of state employees?
No. Attaching one agency to another 'for administrative purposes' covers management and supervision, but does not change employee classification. TFLI staff remain State of Tennessee employees for ben…
Can a small Texas Type C city charge a property tax?
The AG concluded yes. A Type C general-law municipality may levy an ad valorem (property) tax on property inside its city limits. The Tax Code only spells out taxing authority for home-rule and Type A…
Does a Texas county have to pay to defend a judge in a judicial conduct case?
The AG concluded that a court would likely say no. Local Government Code section 157.901 requires a county to represent an official or employee who is 'sued ... for an action arising from the performa…
Can a city charter limit who serves on a tax increment reinvestment zone board?
The AG concluded that, where a home-rule city charter conflicts with state law, the charter gives way. The AG would not decide whether Galveston's charter even applies to a tax increment reinvestment …
Can Virginia or its cities pass their own rules about drones, or does federal law lock the state out?
Mostly locked out. AG Herring concluded that federal law preempts state and local rules about drone safety, operation, certification, airspace, and (for cross-state commercial cargo drones) prices and…
If pilots land aircraft for recreational fly-ins on Arizona state trust land, can the State be sued for injuries, or does the recreational-use immunity statute shield it?
The recreational use statute can immunize the State Land Department, but only if access is granted without an admission fee or other consideration. Standard Department leases and special use permits c…
If the Maine Legislature adjourned 'to the call of the presiding officers' rather than sine die, and the Governor sat on bills for more than 10 days without signing or vetoing them, did those bills become law?
Yes. AG Mills concluded that a day-to-day adjournment subject to recall is not the 'adjournment' that prevents return of a bill under Article IV, Part 3, Section 2 of the Maine Constitution. Only sine…
Can the Quantico Town Council strip the mayor of authority to supervise town employees by appointing a chief administrative officer?
No. AG Herring concluded the Quantico Town Charter makes the mayor 'chief executive officer' of the town, which means he holds ultimate administrative control over employees. The Town Council can hire…
Can a Virginia sheriff assign deputies to work full-time security at a private hospital if the hospital pays the county for the cost?
No. AG Herring concluded a Virginia sheriff cannot dedicate deputies to provide full-time security at a private hospital, and the county cannot accept hospital funds to pay for it, because that's a pr…
Are records of police internal-affairs investigations that led to suspension of currently employed officers subject to release under the Arkansas FOIA?
Yes, as a general matter. The AG opined that internal-affairs records of police officers are employee-evaluation records and must be released when the four statutory disclosure conditions are met, inc…
Can the private operator of the Midtown and Downtown Elizabeth River Tunnels add extra processing and administrative fees on top of the toll just to make more money?
No. AG Herring concluded that Elizabeth River Crossings can only charge processing fees to cover the actual cost of running the video-monitoring system and printing invoices, and administrative fees t…
Would Tennessee's 2015 bill requiring 90 days' notice to neighbors before opening a state group home for people with disabilities run afoul of the federal ADA?
Possibly. The AG couldn't predict exactly how the bill would play out, but warned that any notice requirement that decreased availability of community-based housing and pushed disabled people back to …
When a Virginia sheriff hires a private collection attorney to chase down unpaid jail keep fees, what prisoner information can the sheriff legally hand over, and what can the attorney legally do?
AG Herring concluded that a sheriff has discretion to share prisoner information needed for collection, as long as it isn't barred by state or federal law (no medical records, criminal history, victim…
Did the Arkansas AG certify the proposed 'Arkansas Industrial Hemp and Medical Cannabis Amendment' for the 2016 ballot?
No. The AG rejected the proposal for ambiguities, including the misleading 'industrial' and 'medical' modifiers, an unclear scope of legislative regulatory authority, and persistent syntax errors in t…
Can a Tennessee school district share student names and addresses with a charter school in the district, and can a citizen get a student's phone number through a public records request?
The district can share names and addresses with the charter if it determines the charter has a legitimate educational interest. The disclosure is permissive, not mandatory. But the district cannot rel…
Could the Virginia General Assembly let the State Corporation Commission regulate the rates of city-owned electric utilities, even though the Constitution carves municipal corporations out of the SCC's normal utility authority?
Yes. AG Herring concluded the General Assembly may enact a general law extending SCC jurisdiction over rates, charges, and services of municipal electric utilities. Article IX, § 7 limits the Constitu…
Does Arkansas's Act 137 of 2015 invalidate a pre-Act local ordinance that creates a protected classification not contained in state law?
Yes. The AG read Act 137's prohibition on enforcement of local rules that 'create a protected classification or prohibit discrimination on a basis not contained in state law' as covering pre-existing …
Can a Tennessee county or city create more than one tourism development authority under the 2012 enabling statute?
Yes. Although the statute mostly refers to 'the authority' in the singular, Tennessee's default canon reads singular references to include the plural absent a contrary intent, and nothing in the act l…
Is a Department of Correction custodian's decision to release certain redacted records about two former ADC employees consistent with the Arkansas FOIA?
The AG could not opine on the part of the request resting on an assumed fact, but reviewing the records found that one was a properly disclosed employee-evaluation record, three were audio recordings …
Was the AG's 1985 opinion limiting how Oregon public universities can spend mandatory student fees on political advocacy still good law in 2015?
No. The AG concluded that the 1985 opinion's three core conclusions, that ORS 260.432 forbids using student fees for ballot-measure advocacy, that constitutional constraints prohibit using fees for pa…
Can a Home Rule Pilot Program city like Parkersburg start collecting a 1% sales tax on July 1 while still keeping the business and occupation tax in place until January 1 of the next year?
No. W. Va. Code § 8-1-5a(i)(14) lets a Home Rule Pilot city enact a municipal sales tax 'if it reduces or eliminates its municipal business or occupation tax.' The AG read 'if' in its ordinary meaning…
Can a manufactured home owner get relocation assistance from Delaware's Trust Fund to move within the same community?
Yes, according to this opinion. The Delaware Manufactured Housing Relocation Authority asked whether its Trust Fund could cover moving costs for homeowners who relocate within the same manufactured ho…
Can a Texas county clerk or judge refuse same-sex marriage duties for religious reasons?
The AG concluded that the answer turns on the specific facts of each case. After the U.S. Supreme Court's Obergefell decision recognized a constitutional right to same-sex marriage, the AG said county…
When a New York town joins a Community Choice Aggregation (CCA) program to procure electricity for residents, does General Municipal Law § 360 require a town referendum?
No. AG Schneiderman's office concluded that § 360 governs municipalities establishing, owning, or operating their own utility, not towns acting as energy brokers in a CCA program. Because § 360 does n…
When an Arkansas school district refinances pre-2005 bonds and saves money on debt service, can it move that savings to an unrestricted fund?
No, not once the refunding bonds have already been issued. Section 6-20-2503(c)(1)(B) requires the district to use any debt service savings only for specified capital or equipment items, and the certi…
Did the Arkansas AG certify the first Arkansas Term Limits Amendment of 2016 proposal in June 2015?
No. The AG rejected the proposal for an enacting clause that belonged in a 'bill' rather than a constitutional amendment, mis-pointing to Article 5, Section 2 instead of Amendment 73, a vague effectiv…
What's the correct Tennessee registration class for a private contractor's school buses operated under contract with a county to transport students?
Register them under Tenn. Code Ann. § 55-4-112(a) as for-hire passenger vehicles, with the fee depending on seating capacity. They are not 'private buses not for hire' under § 55-4-111, and they are n…
Is it an unconstitutional taking when an Arkansas dam operator releases water during heavy rain and the release floods downstream land beyond the existing easement?
The AG declined to answer. Whether a flood-release event amounts to a Fifth Amendment or Arkansas Constitution takings claim is a fact-intensive question that has to be decided case by case. The AG ca…
Can an Arkansas government agency voluntarily release records that fall within a Freedom of Information Act exemption, even when no one has requested them?
No. FOIA exemptions in Arkansas are mandatory, not permissive. The AG concluded that once a record falls within an exemption, the custodian cannot release it to the public even by choice. That applied…
In Arkansas, can a deputy prosecuting attorney serve on a county election commission when the elected prosecutor (the deputy's supervisor) appears on that county's ballot?
Yes. The AG read 'paid employee of a candidate' in Ark. Code Ann. § 7-4-109(c)(1) as referring to someone paid by the candidate, not merely supervised by the candidate. Deputy prosecutors are paid by …
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