State AG Opinions
Free state attorney general opinions with plain-English summaries, full citations, and the original source on every page.
No opinions match these filters
Try a different search term or clear the filters.
Why did the Arkansas AG reject the 'Ban the Prohibition of Cannabis' ballot title?
AG Dustin McDaniel rejected the popular name 'Ban the Prohibition of Cannabis' and its ballot title because the underlying measure failed to say it was a constitutional amendment, contained internally…
Can Tennessee regulate pole-attachment rates for TVA-supplied electric cooperatives, or does federal law preempt that?
Probably yes, with caveats. The TVA Act does not expressly preempt state regulation, and the federal Pole Attachment Act expressly preserves state authority to regulate cooperatives' pole attachments.…
Can an Arkansas ambulance service opt out of the state trauma system, and what if trauma rules leave the service's home territory uncovered?
An ambulance service is free to opt out of applying for Trauma System grants, since participation is voluntary. But once participating, the service must follow trauma transport rules even when doing s…
When a Tennessee city annexes land in a Water and Wastewater Treatment Authority's service area, which statute controls who provides utility service?
Tenn. Code Ann. § 6-51-111(e) controls. There is an irreconcilable conflict between Tenn. Code Ann. § 5-6-120 (which makes a Water and Wastewater Treatment Authority the 'sole and exclusive provider' …
What is Maine's record on prosecuting EBT card misuse, public benefits fraud, and provider fraud, and how does the AG balance high-visibility recipient cases against lower-visibility provider cases?
AG Mills described an active prosecution program. In the three years before the letter, her office had prosecuted 37 DHHS fraud cases with significant jail time and $489,954 in restitution; obtained c…
After Arkansas Act 595 of 2013, what happens if an absentee voter doesn't include valid ID with the ballot?
The absentee ballot is not counted, and the voter cannot cure the missing ID by submitting it later. The provisional-ballot cure procedure in A.C.A. § 7-5-321 only applies to in-person voters who lack…
What services must an Arkansas city actually provide to land it has annexed, and what can landowners do if the city doesn't deliver?
The 'services' a city owes annexed landowners are whatever services are described in the annexation ordinance itself, not the broader laundry list defined for other purposes in A.C.A. § 14-40-2002. Th…
Must a Tennessee human-remains removal service register with the funeral board if it is owned by a licensed funeral director or embalmer?
It depends on the form of business. A removal service run as a sole proprietorship by a licensed funeral director or embalmer is exempt from registration under Tenn. Code Ann. § 62-5-318(a) because a …
Can a Florida county civil service board use public funds to hire a lobbyist?
The AG concluded that the Hillsborough County Civil Service Board was not authorized to spend public funds to contract with a lobbying firm, because its enabling act, the Civil Service Act of 2000, ne…
What counts as an 'immediate family member' for purposes of Arkansas county ethics rules on conflicts of interest?
A.C.A. § 14-14-1202(a)(3) doesn't define the term, but a court would likely borrow from A.C.A. § 21-8-304 (a parallel ethics statute). A family relationship by itself usually doesn't violate the count…
Can a Tennessee state-university employee run for elected office without violating the Hatch Act or Tennessee's Little Hatch Act?
Yes. The federal Hatch Act expressly exempts employees of state educational and research institutions (5 U.S.C. § 1501(4)(B)(i)), so the Hatch Act does not bar them from running for office. Tennessee'…
Can Tennessee's environment department demand copies of underground storage tank records and keep them indefinitely?
Mostly yes. The Commissioner of TDEC may not contradict the UST Board's express rules but may develop policy on issues the rules don't cover. The Department may *request* (but not legally compel) reco…
Can an Arkansas absentee voter who forgot to include ID with their ballot fix it after election day?
No. Under Act 595 of 2013, only voters who appear in person and lack ID can use the provisional-ballot cure procedure to submit identification by noon the Monday after the election. Absentee voters ar…
How is a Texas county court at law judge's minimum salary set when the district judge gets pay supplements from other counties?
The AG said every county counts. A statutory county court at law judge's minimum salary is pegged by Government Code section 25.0005(a) to no less than $1,000 below the total annual salary of a distri…
Can a Texas county offer internet (VoIP) phone service to county jail inmates, and can it make money from it?
The AG said yes, a county may offer it, with strings attached. No Texas statute or jail rule expressly bars a county from providing voice-over-Internet (VoIP) local and long-distance phone service to …
When can a journalist or member of the public get a police officer's personnel file under the Arkansas FOIA?
Generally yes, but with privacy protection. Police officers' personnel records are presumptively public under the Arkansas FOIA, except where disclosure would be a 'clearly unwarranted invasion of per…
Is a Washington nonprofit that sponsors a search-and-rescue or emergency-response team made up of its members shielded from lawsuits when those volunteers cause harm?
Only sometimes. The AG concluded that RCW 38.52.180(3)(d) and (f) immunity reaches an organization only if it actually employs the volunteers (a fact-specific question that usually requires payment fo…
When does an Arkansas election-law violation become a felony that disqualifies someone from public office under Article III, Section 6 of the state constitution?
Only when the violation is a 'willful and corrupt' offense that the legislature has defined as an infamous crime. Article III, § 6 has three parts: its scope (limited to convictions for legislatively-…
Could Arkansas adopt a California-style top-two primary, or otherwise force political parties to nominate by convention or accept all comers?
Probably not for top-two. A state-mandated top-two primary like California's or Washington's would likely conflict with Arkansas Amendment 29. Forcing parties to nominate by convention or accept all w…
Can a Conway court clerk who paid into the city's non-uniformed pension switch to APERS and still draw pension benefits for the prior 20 years?
Probably yes. Joining APERS in a new court clerk position doesn't by itself disqualify the employee from the City of Conway non-uniformed pension benefits for prior deputy court clerk service. The emp…
When a firefighter or police officer finishes the DROP deferred-retirement plan, can they continue volunteer service at another Arkansas municipality?
It depends on what 'participating municipality' means under the LOPFI statutes. Read literally, the DROP statutes require the retiree to 'terminate employment with all participating municipalities,' w…
If a Tennessee juvenile commits a violent sex offense before turning 14 but is adjudicated after, do they go on the sex offender registry, and is that constitutional?
Yes to both. Under Tenn. Code Ann. § 40-39-202(27), registry status is triggered by adjudication of delinquency (not by the date of the offense), so a juvenile adjudicated after age 14 for an offense …
Is Tennessee's charter school waiver statute an unconstitutional delegation of legislative power?
No. Tenn. Code Ann. § 49-13-105 lets the Commissioner of Education or an LEA waive state rules or statutes that inhibit a charter school's mission. The AG concluded the waiver authority is consistent …
What must a Texas county appraisal district do with leftover budget money, and can it pay its staff a bonus?
The AG answered five budget questions for county appraisal districts. Funds the district commits during the fiscal year to meet or secure an obligation count as 'obligated to be spent' under Tax Code …
Why did the Arkansas AG keep rejecting League of Women Voters cannabis ballot titles in 2013-2014?
AG Dustin McDaniel rejected Lt. Col. Marjorie LeClair's 'Ban Prohibition of Cannabis' constitutional amendment ballot title for the ninth time, citing ongoing ambiguities in the measure's text. Each p…
If I had a misdemeanor conviction for theft 25 years ago and have had my civil rights restored, can I be denied an Arizona alarm-industry license today?
Yes on all three. A.R.S. § 32-122.07(A) requires the AZ Board of Technical Registration to deny alarm certifications to anyone who has ever been convicted of any of the 13 listed crimes, regardless of…
Can an Arkansas school district spend its funds to improve city-owned property (like a baseball field) in exchange for use of that property?
Probably yes, if the school board can rationally conclude the spending is 'convenient, useful, appropriate, suitable, proper or conducive' to operating the schools. The AG declined to give a categoric…
Can the Arkansas AG block FOIA release of a police officer's internal affairs file because of his pending criminal trial?
No. The AG's FOIA review authority under A.C.A. § 25-19-105(c)(3)(B)(i) is limited to evaluating personnel and employee-evaluation exemption decisions, not constitutional fair-trial arguments. The AG …
Can an Arkansas school district refuse to release any of an employee's personnel file under a FOIA request, claiming the whole file is exempt?
No. The AG said a blanket denial of an entire personnel file is inconsistent with Arkansas FOIA. The Act has no blanket exemption. Personnel records must be released unless their disclosure would be a…
Why won't the Arkansas AG approve a constitutional amendment requiring voter approval for any tax, fine, or fee increase?
Because the proposal as written was too ambiguous. It didn't define which 'taxes, fines, or fees' it covered (Verizon Arena ticket prices? Improvement district assessments?), which voters had to appro…
In Arkansas, can a public school district give away (not sell) a former school building to a nonprofit or to a city?
Probably yes, subject to significant constitutional limits. Act 318 of 2013 broadened the donation authority to cover cities, counties, and nonprofits, but the AG said any donation must still produce …
Does charging an entry fee for a fishing tournament with cash prizes violate Florida gambling laws?
The AG advised that a fishing tournament is a contest of skill, not a game of chance, so it is not an illegal lottery; and where the sponsor does not compete and the entry fees do not make up the priz…
How does an Arkansas water district amend the joint agreement that created it under the Interlocal Cooperation Act?
The Arkansas AG must review and approve the amendment for form and consistency with state law (A.C.A. § 25-20-104(f)). If the AG does not act within 60 days, the amendment is deemed approved by operat…
What can a Texas county spend pretrial intervention program fees on?
The AG said the money is tightly restricted. Under Code of Criminal Procedure article 102.0121, a district attorney, criminal district attorney, or county attorney may collect a fee of up to $500 from…
Could Connecticut's parole board or Department of Correction release an inmate before the inmate finished a court-ordered mandatory minimum sentence?
Generally yes. The AG concluded that the Board of Pardons and Paroles and the Commissioner of Correction were limited only when a sentencing statute used the phrase 'in any manner' (or similar express…
In Arkansas, can a citizen record a police officer on duty, and where do you complain when an officer or official breaks the law?
The AG declined to answer the videotaping question categorically, saying only a court can decide a specific case, but reaffirmed that citizens have a qualified First Amendment right to record police a…
Can pedestrians walk in a Tennessee bike lane, and can drivers use a bike lane to pass on the right?
Pedestrians: no, not when there is an adjacent, unobstructed, wheelchair-accessible sidewalk. Tenn. Code Ann. § 55-8-138 forbids it, and a bicycle lane is part of the 'roadway.' Drivers: there is no p…
If someone has multiple Tennessee convictions from one criminal episode, can they get any of them expunged under § 40-32-101(g)(2)?
No. Tenn. Code Ann. § 40-32-101(g)(2)(A) makes expunction available only if the petitioner has 'never been convicted of any criminal offense' other than the one they are asking to expunge. The statute…
Can a city's Advertising and Promotion Commission use 'hamburger tax' money to repay a city general-fund bond or to subsidize a privately owned convention center and water park?
The AG would not give definitive answers because the analysis turns on facts he did not have, but he flagged several serious problems: (1) using A&P money to free up general-fund money to pay non-A&P …
Is the date a Tennessee workers' compensation policy is cancelled a public record under the insurance confidentiality statute?
No. A cancellation date is not a 'policy expiration date' under Tenn. Code Ann. § 50-6-421(b)(3), so the cancellation date remains confidential under § 50-6-421(a). The AG distinguished cancellation (…
Do Texas regional education service centers have to keep the model lesson plans they developed, and can parents see them?
The AG said the plans are public records that must be kept, and parents can see them. The lesson plans came from the Texas Education Service Center Curriculum Collaborative (TESCCC), a nonprofit ten r…
Can a Tennessee magistrate tell a police officer how to fix a flawed warrant affidavit without losing neutrality?
Yes. A magistrate or judicial commissioner may identify deficiencies in a warrant application or affidavit and tell the requesting officer what is needed to cure them, without abandoning the neutral a…
Can a Washington city or county ban state-licensed marijuana producers, processors, or retailers from operating in its jurisdiction?
Yes. The AG concluded that Initiative 502 created a state licensing system but did not preempt local police-power authority. Cities, towns, and counties could ban licensed marijuana businesses outrigh…
Can a Tennessee county commission cut the debt-service portion of a budget proposed by its budget committee?
No. Under the County Financial Management System of 1981 (Tenn. Code Ann. §§ 5-21-101 to -130), a county legislative body 'may alter or revise the proposed budget except as to provision for debt servi…
Can a real estate broker file an interpleader for disputed earnest money in general sessions court without a lawyer?
Yes, if the broker is a sole proprietor. A sole proprietor is a 'person' under Tenn. Code Ann. § 23-1-109 and can represent themselves pro se. No, probably, if the broker is acting on behalf of a brok…
What does it take to get a proposed Arkansas constitutional amendment legalizing cannabis through the AG's ballot title certification?
Not just a clear stance. The AG rejected a 2014 cannabis amendment because the proposal cited 'the Arkansas Gross Receipts Tax Laws of 1941,' a chapter that does not exist under that name; the actual …
In Arkansas, can a quorum court member also sit on the board of a nonprofit that gives grants to a county-owned animal shelter?
Yes. The AG found no statutory or constitutional bar, and the common-law incompatibility doctrine does not apply because the nonprofit board seat is private, not public. The county judge, not the quor…
When a Washington county prosecutor's seat opens up, what happens if the appointee turns the job down? Does the deadline reset?
The 60-day clock for the county commission resets. The appointee declining creates a new vacancy, the party submits a fresh three-name list, and a new 60 days runs. Commissioners cannot pick someone o…
Can town council members discuss an issue informally over several public meetings without violating the open meetings law?
No violation, according to the AG. Because the Frankford Town Council's discussion of the charter amendment happened across several public meetings, and there was no evidence of any private quorum mee…
After the legislature transferred land from Davidson to Wilson County, could Mount Juliet immediately annex it despite the state annexation moratorium?
Partly. The 2013 statewide moratorium (Tenn. Code Ann. § 6-51-122) blocked annexation by ordinance on the municipality's own initiative under § 6-51-102 through May 15, 2014, so Mount Juliet could not…
If my sibling is a partner at a law or consulting firm whose clients appear before the state commission I serve on, do I have to recuse from their matters under Virginia's conflict-of-interest act?
Generally no. The opinion concluded that members of the Virginia Tobacco Indemnification and Community Revitalization Commission could vote on transactions involving entities or organizations represen…
Could the Governor of Virginia order the Department of Taxation to let same-sex couples file joint state income tax returns?
Issued in January 2014, before Bostic v. Schaefer (4th Cir. 2014) and Obergefell v. Hodges (2015) struck down state bans on same-sex marriage. The opinion concluded that a Virginia Governor could not …
Did the U.S. Department of Labor's 2013 Technical Release force Virginia public sector health plans to cover same-sex spouses?
At the time of this opinion (Jan. 10, 2014, before Bostic v. Rainey and Obergefell), the AG declined to issue a full opinion because of pending litigation but offered the legal commentary that the DOL…
After Virginia's 2012 eminent domain amendment defined 'lost access,' can a landowner get just compensation when a road change reroutes traffic past the property?
The 2012 constitutional amendment and the related Code amendments (§§ 25.1-100, 25.1-230.1) defining 'lost access' as 'material impairment of direct access' did not overturn the prior Virginia Supreme…
Can a Virginia circuit court keep its 'order book' in an electronic case management system instead of paper?
Yes. Va. Code §§ 17.1-124 and 17.1-240, read together, expressly contemplate that order books may be created in or converted to electronic format. The Clerk just has to ensure the electronic recording…
Would the 2013 Tennessee charter-school bill (HB 702) unconstitutionally impose unfunded costs on school districts or violate equal protection?
No. The AG concluded that HB 702/SB 830, which would let the State Board of Education serve as 'chartering authority' for charter schools in LEAs containing 'priority schools,' would not violate Tenn.…
Can Tennessee charge out-of-state compounding pharmacies higher inspection fees than in-state pharmacies?
No. The Board of Pharmacy lacks statutory authority to enact a rule requiring its own personnel to inspect out-of-state compounding pharmacies or to impose additional fees for those inspections. Tenn.…
Does a convention center owned by a city-created nonprofit qualify as a 'government-owned convention center' for hotel-tax exemption purposes?
Yes. A nonprofit convention-center authority created by a municipality under the Convention Center Authorities Act of 2009 (Tenn. Code Ann. §§ 7-89-101 et seq.) is a public instrumentality of the orga…
Can a Tennessee city sell liquor, wine, or beer at city-owned venues like an events center, pavilion, or golf course?
No. Tennessee's liquor and beer statutes (Tenn. Code Ann. § 57-4-203(i)(1)(A) and § 57-5-103(a)(2)) limit licensees and permittees to a 'person, firm, corporation, partnership, or association,' and th…
After SD enacted SDCL 12-19-1.2 in 2013 requiring 46 days of absentee voting, does that 46-day rule apply to municipal (city) elections, or do the smaller 15-day and 7-day periods in SDCL 9-13-21 still control for municipal absentee voting?
The 15-day rule (and 7-day rule for runoff secondary elections) in SDCL 9-13-21 continues to control for SD municipal elections. SDCL 12-1-2 expressly says Title 12 election provisions yield to statut…
How these opinions are useful
- Understand state law: AG opinions are authoritative interpretations of how state law applies.
- Persuasive authority: Not binding like court decisions, but they carry significant weight.
- Government guidance: Often clarify how state agencies and officials should interpret statutes.
- Legal research: Cite AG opinions in letters, motions, and legal arguments.