State AG Opinions
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Can a Texas district attorney carry a concealed handgun in the courtroom, and can a judge or court security committee ban prosecutors from doing so?
District attorneys and assistant district attorneys who hold a license have an affirmative right, not just a defense, to carry a concealed handgun in state courts, because Penal Code sections 46.02…
Can a state agency withhold email notifications it sent to General Assembly members, using the FOIA exemption for legislator emails?
Yes. 29 Del. C. § 10002(o)(16) exempts emails received or sent by members of the Delaware General Assembly or their staff. Citing Flowers v. Office of the Governor, the AG concluded the exemption is…
When the Virginia Constitution requires a proposed amendment to be referred to the General Assembly after the 'next general election' of the House of Delegates, does the 2025 election count if early voting is already underway when the amendment is proposed?
No. The AG concluded that, as of October 28, 2025, the 'next general election' for purposes of amending the Virginia Constitution will occur in 2027. Because early voting (and therefore the 2025…
Do the sex-education curricula in use in some South Carolina school districts (Be Proud! Be Responsible!, Making a Difference, Making Proud Choices, Reducing The Risk, Rights Respect Responsibility, Safer Choices) violate the state's Comprehensive Health Education Act or the First Amendment?
The AG would not declare any specific curriculum unlawful (that requires factual findings beyond an AG opinion's scope), but reaffirmed two binding rules. First, South Carolina's Comprehensive…
Does South Carolina DSS's regulation requiring foster parents to keep firearms inoperable and locked away violate the Second Amendment?
The South Carolina AG concluded a court would likely find the DSS foster-home firearm storage rule unconstitutional. The opinion also found no statutory support for the rule, but says it remains…
What ballot summary did Missouri approve for petition 2026-144 on marijuana and hemp rights, expungement, and tax revenue?
The Attorney General approved the legal content and form of a summary stating that petition 2026-144 would recognize marijuana and hemp rights, require unified regulation by 2027, remove license…
What ballot summary did Missouri approve for petition 2026-143 on marijuana, hemp, THC beverages, expungement, and taxes?
The Attorney General approved the legal content and form of a summary stating that petition 2026-143 would recognize marijuana and hemp rights, require unified regulation by 2027, remove license and…
What ballot summary did Missouri approve for petition 2026-142 on marijuana rights, expungement, and tax revenue?
The Attorney General approved the legal content and form of a summary stating that petition 2026-142 would recognize marijuana rights, require unified regulation by 2027, remove license caps and…
What ballot summary did Missouri approve for petition 2026-141 on marijuana and hemp rights, expungement, and taxes?
The Attorney General approved the legal content and form of a summary stating that petition 2026-141 would recognize marijuana and hemp rights, require unified regulation by 2027, remove license…
Can a West Virginia sheriff request sales records from local businesses to figure out how much they owe in hotel occupancy tax and EMS fees, and can the sheriff use a subpoena to get them?
The sheriff can ask businesses directly for sales records as part of his ex officio county treasurer duty to collect 'moneys due' under W. Va. Code § 7-5-1. The implied authority follows from the…
Can a sitting member of the West Virginia Legislature also work for a West Virginia executive-branch agency, either as an employee or as a contractor?
An employee, no. The West Virginia Constitution at art. VI, § 13 flatly bars sitting legislators from holding 'employment under this state.' A contractor relationship is more nuanced. The AG could…
If a South Carolina tax collector sells a property at a delinquent-tax auction and then receives a check in the mail postmarked before the sale, can the collector cancel the sale?
No. The AG says payment must be made before the sale date to prevent the sale. A check received after a completed sale does not cancel it merely because it was postmarked earlier. The opinion…
Are prediction-market platforms like Kalshi (where you bet on election outcomes, sports outcomes, and other future events) legal in Arkansas without a gaming license?
No. The AG concludes that prediction-market platforms like Kalshi facilitate gambling under Arkansas law and require gaming licensure. The Arkansas Supreme Court has defined gambling as 'risking of…
If the performance bond on a city public-works project turns out to be fraudulent and the contractor still wants to be paid, can the city release final payment without the surety's written consent?
No. Section 31-5-25(1)(b)(iv) bars final payment until the surety provides written consent. The fact that the surety doesn't actually exist (because the bond was fraudulent) doesn't waive the…
Does Arkansas law require cities to give veterans preference in hiring, promotion, or layoffs?
No. Arkansas law permits but does not require cities and other local governments (counties and townships, but not the state or public colleges) to adopt a veterans' preference employment policy. If…
Does an Arkansas police or code enforcement officer have to show me ID before charging me with obstructing governmental operations or false identification?
No. Neither A.C.A. § 5-54-102 nor any other Arkansas law requires a law enforcement or code enforcement officer to present identification to a suspect before charging or citing the suspect for…
Can a Florida chief judge ban state attorneys and their investigators from carrying firearms in the courtroom?
No. State attorneys, assistant state attorneys, and their investigators are statutorily defined as law enforcement officers and are exempt from Chapter 790's restrictions when acting in the line of…
When a Delaware public body reschedules a meeting, does the posted notice have to clearly state the new date, time, and place?
Yes. The AG found the Village of Arden violated FOIA because its posted notice did not clearly reflect the intended meeting and agenda along with a date, time, and location. The notice seemed to set…
Can a Delaware citizen use FOIA to get police call logs and CAD records for a specific address, with personal info redacted?
No. The AG concluded the Delaware State Police did not violate FOIA by denying a request for calls-for-service logs and call summaries tied to a property. Such calls, on their face, would initiate…
Are the meetings of the New Mexico Activities Association (the body that runs middle and high school sports and activities) covered by the state's Open Meetings Act?
Yes. NMAA and its committees and subcommittees, including the Hardship Review Committee and the Appeals Review Committee, must follow the Open Meetings Act. Section 22-2-2(L) directs the Public…
A campus childcare center has video surveillance footage that ended up in a child-maltreatment investigation. Can the university release that footage in response to a FOIA request?
Video included in an authorized campus-police child-maltreatment investigation is exempt from public FOIA release under A.C.A. § 12-18-104, even after that investigation ends. For a DHS…
What fiscal impact did Missouri approve for House Committee Substitute for House Joint Resolution No. 3?
The approved summary reported up to $21,817 in increased annual Department of Corrections costs and an unknown impact on the Office of State Public Defender. Other state and local governmental…
When a city reimburses the county for its share of election expenses, does the formula's denominator include voters from unincorporated areas of the county or just voters from cities and towns?
Yes, the denominator includes all voters who cast ballots in the election countywide, including unincorporated-area voters. The denominator is not limited to municipal voters. A.C.A. § 7-5-104(a)(2)…
If a Delaware town is considering banning chickens, can a resident FOIA the underlying complaints, and must the town post agendas online and keep detailed minutes?
The complaints are exempt and the town did not otherwise violate FOIA. Chicken complaints filed with the Town police and the Building and Code Official are part of investigatory files under 29 Del.…
Can a fire department in one Arkansas county take over or fund a volunteer fire department in another county?
The AG found no constitutional provision or statute expressly prohibiting the proposed cross-county oversight or funding. Whether the departments may make a particular arrangement depends on how…
When a rural water service operates inside a city’s annexed area, who has authority to inspect the water system and regulate permits?
The municipality has the exclusive right to inspect the water system, issue and regulate its permits, and regulate water service to property within city limits, unless the municipality and rural…
When a South Carolina state agency has both general-fund appropriations and federal funds for the same program, which money has to be spent first?
Under S.C. Code § 11-9-125, the AG says an agency must spend available federal and other funds before state general-fund appropriations whenever possible. State general funds may be used when no…
What ballot summary did Missouri approve for petition 2026-136 repealing the Show-Me Sports Investment Act?
The Attorney General approved the legal content and form of a summary stating that petition 2026-136 would repeal the Show-Me Sports Investment Act, ending state bonds, appropriations, and tax…
What ballot summary did Missouri approve for petition 2026-135 repealing the Show-Me Sports Investment Act?
The Attorney General approved the legal content and form of a summary stating that petition 2026-135 would repeal the Show-Me Sports Investment Act, ending state bonds, appropriations, and tax…
What ballot summary did Missouri approve for petition 2026-134 on initiative and referendum rights?
The Attorney General approved the legal content and form of a summary stating that petition 2026-134 would make initiative and referendum fundamental rights, set a 30-day effective date for approved…
What fair ballot language did Missouri approve for House Joint Resolution No. 3 on ballot-measure elections?
The Attorney General approved fair ballot language describing limits on foreign funding, criminal penalties for petition-signature fraud, public hearings, approval in every congressional district…
If I own a pickup truck with an empty weight of 8,000 pounds and a gross weight of 9,000 pounds, do I get the 6% personal motor vehicle property tax rate or the 10.5% rate for other personal property?
On the facts supplied, the AG says the truck should receive the 6% rate if it is designed, used, and maintained to transport ten or fewer people. The AG cannot verify the particular truck. Its legal…
What fiscal impact did Missouri approve for Eapen Thampy's initiative petition 2026-144?
The approved summary reported a potentially significant unknown annual loss of federal funding, $51.4 million less annual state revenue, $39.4 million less annual local revenue, one-time costs of…
What fiscal impact did Missouri approve for Eapen Thampy's initiative petition 2026-143?
The approved summary reported a potentially significant unknown annual loss of federal funding, $51.4 million less annual state revenue, $39.4 million less annual local revenue, one-time costs of…
What fiscal impact did Missouri approve for Eapen Thampy's initiative petition 2026-142?
The approved summary reported a potentially significant unknown annual loss of federal funding, $51.4 million less annual state revenue, $39.4 million less annual local revenue, one-time costs of…
What fiscal impact did Missouri approve for Eapen Thampy's initiative petition 2026-141?
The approved summary reported a potentially significant unknown annual loss of federal funding, $51.4 million less annual state revenue, $39.4 million less annual local revenue, one-time costs of…
Can a South Carolina city pass its own hate crimes ordinance when the state legislature has not enacted a hate crimes law?
The AG predicts a court could find a proposed criminal hate-crimes ordinance inconsistent with South Carolina’s statewide criminal-law rule and the First Amendment. The opinion says a municipality…
Did Missouri approve the form of Richard von Glahn's version 4 referendum petition on House Bill 1?
Yes. The Attorney General approved version 4 of Richard von Glahn's referendum petition 2026-R004 on House Bill No. 1 as sufficient as to form. The Secretary of State retained final authority to…
Can a county use the pending-litigation FOIA exemption against a requester who is not a party to the lawsuit but asks about the same subject?
Yes. The AG concluded Sussex County did not violate FOIA. Records pertaining to pending or potential litigation are excluded from the definition of public record under 29 Del. C. § 10002(o)(9), and…
Does the sheriff have to have sole control of the inmate canteen fund's checking account, or can the Board of Supervisors and chancery clerk continue to approve and execute the checks?
The sheriff has sole authority to spend the canteen fund within the statute's limits, but purchases go through the county purchase clerk and claims docket, subject to Board approval. The chancery…
What fiscal impact did Missouri approve for Deirdre Hirner's initiative petition 2026-136?
The Attorney General approved the legal content and form of the fiscal note summary for petition 2026-136. It reported unknown state costs or savings because applications, approvals, and financing…
What fiscal impact did Missouri approve for Deirdre Hirner's initiative petition 2026-135?
The Attorney General approved the legal content and form of the fiscal note summary for petition 2026-135. It reported unknown state costs or savings because applications, approvals, and financing…
Does the terms-related savings clause in Tenn. Code Ann. § 5-1-202(c) refer to Shelby County's charter officers (sheriff, register, county clerk, assessor, trustee), even though the codified version of the statute does not match the public act the legislature passed in 2025?
Yes. The 2025 public act made the savings clause refer to both 'charter' and 'constitutional' county offices, but the Tennessee Code Commission failed to update the concluding sentence of subsection…
Can new appointees to Mississippi's Cosmetology and Barbering Board serve before Senate confirmation?
In the particular Board vacancy described, the AG said different people appointed during Senate vacation have a lawful right to serve as de facto officers until confirmation, and their acts are…
What ballot summary did Missouri approve for petition 2026-129 requiring most in-person businesses to accept cash?
The Attorney General approved the legal content and form of the summary for petition 2026-129. It described a cash-acceptance requirement for most in-person businesses, listed transaction and…
What ballot summary did Missouri approve for petition 2026-128 capping card and payment-processing fees at 1.5 percent?
The Attorney General approved the legal content and form of the summary for petition 2026-128. It described a 1.5 percent cap on combined card and payment-processing fees, a ban on hidden…
What ballot summary did Missouri approve for petition 2026-127 imposing a 60-day deadline on business-license decisions?
The Attorney General approved the legal content and form of the summary for petition 2026-127. It described a 60-day deadline for completed business-license applications, automatic approval after…
What ballot summary did Missouri approve for petition 2026-126 requiring Ten Commandments displays in public-school classrooms?
The Attorney General approved the legal content and form of the ballot summary for petition 2026-126. The summary described required Ten Commandments displays in public elementary and secondary…
What ballot summary did Missouri approve for petition 2026-123 on proportional presidential electoral votes?
The Attorney General approved the legal content and form of a summary saying petition 2026-123 would replace Missouri's winner-take-all presidential electoral-vote system with proportional…
What ballot summary did Missouri approve for petition 2026-115 on proportional presidential electoral votes?
The Attorney General approved the legal content and form of a summary saying petition 2026-115 would replace Missouri's winner-take-all presidential electoral-vote system with proportional…
The Legislative Joint Auditing Committee told the Treasurer to release water-sewer audit turnback funds even though some cities have not filed their reports yet. Can the Treasurer do that?
An engagement letter promising a future audit does not permit release of escrowed turnback funds under A.C.A. § 14-234-120. The AG said a successful vote to expunge the Committee’s July 2025…
Does Delaware FOIA require state agencies to accept written public comments at meetings, or can they require comments to be made verbally during the public comment period?
Verbal is enough. The AG determined that the Office of State Planning Coordination did not violate FOIA when it declined Amy Roe's written comments before the September 3, 2025 PLUS (Preliminary…
I'm a journalist asking for state employee termination notices. Why won't the agency release them?
Because the termination notices stated the grounds for termination, they qualify as employee-evaluation records, which are subject to a strict four-element release test (suspension or termination,…
Why did the Attorney General reject my proposed environmental amendment 'The Amendment to Keep Arkansas Natural'?
The AG rejected the proposed popular name and ballot title because four ambiguities in the amendment text prevented him from ensuring the title was not misleading or substituting a suitable one. He…
When a Delaware town's executive session covers both litigation strategy and personnel matters, can the AG decide whether the closed-session use was proper, even when an employee asks for an open-session discussion?
Sometimes not, on the available record. The AG cleared the Town of Greenwood on the FOIA-coordinator-listing claim because the Town updated its website within the 20-day statutory window after…
Can a Mississippi county sheriff use the inmate canteen fund to buy materials and supplies for jail vocational education programs (HVAC, construction, vehicle repair, electrical)?
Yes, if the sheriff determines that the expenditure is an educational-related expense for the benefit and welfare of the inmates. Section 19-3-81(1)(b) lists 'educational related expenses' as a…
Can a Mississippi county board of supervisors hire the father of one of the supervisors as the county economic development director without violating the state nepotism statute?
Yes. The nepotism statute (Section 25-1-53) lists five prohibited classes of employment for relatives within the third degree of kinship: officer, clerk, stenographer, deputy, and assistant. The…
How does an Arkansas city sort through a police officer's complete personnel file for a FOIA release? Which records go out, which get redacted, and which stay confidential?
The AG found the custodian's planned release only partly consistent with FOIA. Most administrative records and third-party commendations could be released with required redactions; medical records…
If a Kansas public employee is convicted of official misconduct from a past job, does he lose his current, different public job too?
No. The Attorney General concluded that K.S.A. 21-6002(b)(2)'s office-forfeiture penalty applies only to the specific public office or job that was abused to commit official misconduct, not to a…
Can Kentucky's optometry board accept out-of-country exam scores, and could it waive licensing requirements without a regulation?
The Attorney General reached a two-part answer. First, the Kentucky Board of Optometric Examiners acted within its authority when it amended its regulation (201 KAR 5:010) to accept exam scores from…
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