State AG Opinions
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Our city is in a wet county but sits inside what used to be a dry township that no longer exists as a recognized district. How do we hold a vote to legally sell alcohol there?
You hold a 'local option election for a defunct voting district' under A.C.A. § 3-8-602. The county board of election commissioners issues a resolution defining the boundaries (after a written request…
Is the Chester Fire District required to keep contracting with the City of Chester for fire protection services, or can it pick another provider or run its own department?
No. The 1972 enabling act does not require the Chester Fire District to contract exclusively or in perpetuity with the City of Chester. The District can renegotiate, contract with alternative provider…
Can a private developer in Mississippi deed subdivision streets inside a town's corporate limits to the county, or do those streets become municipal property?
No on the deed to the county. Streets within a Mississippi municipality's corporate limits are municipal streets, and the county cannot take them through a developer's conveyance. Yes on cost-sharing:…
Are daily fantasy sports games like DraftKings, FanDuel, and PrizePicks legal in California?
No. The Attorney General concluded that daily fantasy sports games (both pick'em-style proposition contests and draft-style salary-cap contests) constitute sports wagering in violation of Penal Code s…
Do Louisiana Local Emergency Planning Committees have to hold their meetings in public under the Open Meetings Law?
Yes. Local Emergency Planning Committees (LEPCs), the federal-statute-created bodies that develop community emergency response plans for hazardous-material releases, qualify as 'public bodies' under L…
Can a South Carolina public service water district refuse to let a developer hire a licensed water contractor of their choice and instead require the developer to pay whoever the district picks from its approved-contractor list?
Probably yes. Public service water districts have statutory authority under S.C. Code § 33-36-1360 to require contractor qualifications, and the AG concludes that to the extent the qualifications are …
Does New Mexico's law requiring disclaimers on AI-generated political ads (HB 182) violate the First Amendment?
Mostly no, but partly yes. The disclaimer requirement and the consent exception are constitutional, but the AG concluded the requirement that satire and parody also carry the disclaimer is likely unco…
If I ask my Delaware school district for the name and salary of an employee who confronted my child, can I get that under FOIA?
Mixed result. Smyrna School District properly denied a parent's first request because it asked the District to *identify* an employee, not for existing records (FOIA does not require Q&A). But on the …
Can a member of a South Carolina county board of voter registration and elections run for political office, or hold an officer position in a political party, while still serving on the board?
Filing as a candidate, by itself, does not require resignation. But if the board member is elected or appointed to an officer position in a partisan political party (whether the position is elected or…
Why did the Arkansas Attorney General reject the popular name and ballot title for the proposed 'Arkansas Ballot Measure Rights Amendment,' and what would the sponsors need to fix to get certification?
The AG rejected the ballot title for two reasons. One: Act 602 of 2025 requires ballot titles to be at an eighth-grade reading level on the Flesch-Kincaid scale, and the resubmitted title scored 9.3 (…
Is a government building's key-card access log a public record under Oklahoma's Open Records Act?
Yes. A log showing which employees swiped in to a public building, and when, is a 'record' under the Open Records Act. The agency cannot withhold it under the terrorism or IT-security exceptions just …
When my truck is towed after an accident, can the wrecker hold it until I also pay the environmental cleanup company?
No. A wrecker operator's statutory possessory lien covers only the wrecker's own services (towing, storage, securing the vehicle). It does not extend to environmental cleanup performed by a separate c…
Can the president of a private youth softball league also work as the director of a parish recreation district in Louisiana?
Yes. Louisiana's Dual Officeholding Law only governs public offices and public employment, so leading an unpaid, private nonprofit softball league does not conflict with holding a paid public recreati…
Did Missouri approve the fiscal note summary for Michael Lester's initiative petition 2026-067?
Yes. The attorney general approved the legal content and form of the auditor's fiscal note summary, which estimated no costs or savings for state and local government.
Did Missouri approve ballot wording on legislative changes, special elections, and majority votes for initiatives?
Yes. The approved statement described voter referral for legislative changes supported by 80% of each chamber, general-election placement unless a special election was authorized, court revision of mi…
Does a Louisiana business have to accept LA Wallet, the state's digital driver's license app, as valid ID instead of a physical card?
Yes. Louisiana law makes a digitized credential downloaded through LA Wallet just as valid as the physical card, and businesses in the state must accept it.
Did Missouri approve fair ballot wording for SJR 73 on abortion exceptions and gender-transition restrictions for minors?
Yes. The approved wording described abortion exceptions and consent rules, limits on public funding, care for ectopic pregnancies and miscarriages, and restrictions on certain gender-transition proced…
Did Missouri approve fair ballot wording requiring all charter counties to elect trained county assessors?
Yes. The approved wording said a yes vote would require every charter county, including Jackson County, to elect an assessor and require charter-county assessors to meet state-law training requirement…
Did Missouri approve the ballot wording for a measure requiring charter counties to elect their assessors?
Yes. The attorney general approved the summary statement for HCS for HJR Nos. 23 & 3, which would require every charter county, including Jackson County, to elect a county assessor and to meet any ass…
What fiscal impact did Missouri approve for House Joint Resolution No. 73?
The approved summary estimated no state costs or savings, an unknown increase in Greene County tax revenue, and no costs or savings for other local governments. The review did not examine the estimate…
Did Missouri approve the no-cost fiscal note summary for House Joint Resolution Nos. 23 and 3?
Yes. The attorney general approved the fiscal note summary's legal content and form; it estimated no state or local governmental costs or savings, but the review did not examine that estimate's fairne…
Did Missouri approve the no-cost fiscal note summary for Jamie Howard's initiative petition 2026-066?
Yes. The attorney general approved the fiscal note summary's legal content and form; the summary estimated no state or local governmental costs or savings, but the review did not examine that estimate…
Did Missouri approve the no-cost fiscal note summary for Jamie Howard's initiative petition 2026-065?
Yes. The attorney general approved the fiscal note summary's legal content and form; the summary estimated no state or local governmental costs or savings, but the review did not examine that estimate…
Did Missouri approve the no-cost fiscal note summary for Jamie Howard's initiative petition 2026-064?
Yes. The attorney general approved the fiscal note summary's legal content and form; the summary estimated no state or local governmental costs or savings, but the review did not examine that estimate…
Did Missouri approve the no-cost fiscal note summary for Jamie Howard's initiative petition 2026-063?
Yes. The attorney general approved the fiscal note summary's legal content and form; the summary estimated no state or local governmental costs or savings, but the review did not examine that estimate…
Did Missouri approve the no-cost fiscal note summary for Jamie Howard's initiative petition 2026-062?
Yes. The attorney general approved the fiscal note summary's legal content and form; the summary estimated no state or local governmental costs or savings, but the review did not examine that estimate…
Did Missouri approve the no-cost fiscal note summary for Jamie Howard's initiative petition 2026-061?
Yes. The attorney general approved the fiscal note summary's legal content and form; the summary estimated no state or local governmental costs or savings, but the review did not examine that estimate…
Did Missouri approve the no-cost fiscal note summary for Jamie Howard's initiative petition 2026-060?
Yes. The attorney general approved the fiscal note summary's legal content and form; the summary estimated no state or local governmental costs or savings, but the review did not examine that estimate…
Did Missouri approve the no-cost fiscal note summary for Jamie Howard's initiative petition 2026-059?
Yes. The attorney general approved the fiscal note summary's legal content and form; the summary estimated no state or local governmental costs or savings, but the review did not examine that estimate…
Did Missouri approve the no-cost fiscal note summary for Jamie Howard's initiative petition 2026-058?
Yes. The attorney general approved the fiscal note summary's legal content and form; the summary estimated no state or local governmental costs or savings, but the review did not examine that estimate…
Did Missouri approve the no-cost fiscal note summary for Jamie Howard's initiative petition 2026-057?
Yes. The attorney general approved the fiscal note summary's legal content and form; the summary estimated no state or local governmental costs or savings, but the review did not examine that estimate…
Can a Delaware town hide ICE's side of the email thread on its 287(g) immigration enforcement agreement just because ICE asks them to?
No. The Town of Camden violated FOIA by redacting the ICE side of email exchanges about its (now-rescinded) 287(g) immigration agreement, based only on ICE's verbal request and a 'For Official Use Onl…
Can a Georgia local government rename the South Carolina half of an interstate bridge, and does the SC Heritage Act protect the SC side from being renamed without legislative approval?
No. Georgia has no legal authority to rename the South Carolina portion of the Jefferson Davis Memorial Bridge. Under SC's Heritage Act, only the South Carolina General Assembly can rename a bridge or…
Can a pharmacy benefits manager enforce an 'effective rate pricing' clause against a small local Louisiana pharmacy through its contract with a middleman PSAO?
No. Louisiana law defines effective rate pricing as a tool for pharmacies that are NOT 'local pharmacies,' so a PBM cannot apply it to a local pharmacy even indirectly through the pharmacy's PSAO.
Can a Louisiana parish administrator represent the parish or speak publicly on its behalf without the parish commission's approval?
No. Under the Caddo Parish Home Rule Charter, the parish administrator does not have authority to represent the parish's interests without commission approval or to send letters or make statements on …
Where does a Texas county jail have to deposit revenue from inmate phone-card sales, the general fund or the sheriff's commissary account?
It depends on the source. If the phone cards deliver the inmates' required telephone privileges (replacing a PIN debit system), the revenue is county money and must go in the general fund. Only phone …
How long does a Texas child support lien on a bank account last, and what property does it reach?
A child support lien has no set expiration. It stays in force until all current support and arrearages (with interest, costs, and fees) are paid or the claimant releases it under Chapter 157 of the Fa…
Can a Texas county pay a jail employee's salary out of commissary funds when the jail is run by a private contractor?
Not by the county on its own, and not automatically. The sheriff (not the commissioners court) controls the commissary funds, and commissary proceeds can never cover a jail's general 'operating expens…
Can a Texas commissioners court move a position and its funding out of the county attorney's office, create its own attorney position, and defund an existing civil attorney slot?
Generally yes, with one hard limit. A commissioners court controls the county budget and may transfer a position and its funding away from the county attorney if those duties are not the county attorn…
Can a Texas county penalize a dog owner for a public nuisance because the dog barks too much?
No. The AG concluded a county commissioners court has no general police power and no statute gives it authority to penalize a dog owner for excessive barking. The Rabies Control Act lets a county requ…
Can the Texas Supreme Court require county and district clerks to connect their case management systems to the re:SearchTX records database?
Yes. The AG concluded Government Code section 74.024 gives the Supreme Court broad authority to adopt administrative rules that are necessary or even just desirable for running the court system, and o…
Can a West Virginia county commission use eminent domain to take private land bordering a county-owned gun club to address bullets that have spread onto the neighbor's property?
Yes, likely. The AG concluded that taking the strips of land where bullets had landed serves a public use under W. Va. Code § 54-1-2 and W. Va. Const. art. III, § 9, because it advances public safety,…
Did Missouri approve ballot wording to require 80% legislative votes before changing voter-approved initiatives?
Yes. The approved statement described barring legislative weakening of initiative rights, requiring 80% approval in both chambers for changes to voter-approved initiatives, and preserving petition thr…
Did Missouri approve ballot wording to require an 80% legislative vote and voter referral before changing approved initiatives?
Yes. The approved statement described requiring an 80% legislative vote and voter referral before changing voter-approved initiatives, restricting legislative changes to the initiative process, and pr…
Did Missouri approve ballot wording to require an 80% legislative vote and voter referral before changing approved initiatives?
Yes. The approved statement described requiring an 80% legislative vote and voter referral before changing voter-approved initiatives, restricting legislative changes to the initiative process, and pr…
Did Missouri approve ballot wording combining local wage, scheduling, break, and rent-control powers?
Yes. The approved statement described a constitutional amendment allowing cities over 10,000 people and all counties to regulate wages, leave, scheduling, breaks, time between shifts, rent, and fees d…
Did Missouri approve ballot wording for local wage, leave, scheduling, and break rules?
Yes. The approved statement described a constitutional amendment allowing cities over 10,000 people and all counties to regulate wages, leave, scheduling, breaks, and time between shifts despite incon…
Did Missouri approve ballot wording combining local wage, leave, and rent-control powers?
Yes. The approved statement described a constitutional amendment allowing cities over 10,000 people and all counties to set higher minimum wages, require leave, and restrict residential rent and fees …
Did Missouri approve ballot wording for local minimum-wage and leave ordinances that could override state law?
Yes. The approved statement described a constitutional amendment allowing cities over 10,000 people and all counties to require higher minimum wages and additional leave despite inconsistent state law…
Did Missouri approve ballot wording for local rent-control ordinances that could override state law?
Yes. The approved statement described a constitutional amendment allowing cities over 10,000 people and all counties to restrict residential rent and fees despite inconsistent state law, while barring…
When a Prairie Grove police officer resigns instead of being fired, what parts of his personnel file (administrative records, performance evaluations, a written reprimand, and IA investigative records) can the public see under FOIA?
Administrative records (employment application, training certifications, leave spreadsheets, and similar) are personnel records and can be released, but several specific items not yet redacted should …
Did Missouri approve ballot wording for a $15 minimum wage and paid sick leave mandate?
Yes. The approved statement described a $15 minimum wage starting January 1, 2027, inflation increases, paid sick leave for private employers, enforcement through lawsuits and regulations, and authori…
When a Louisiana Lawrason Act mayor pro tempore runs a meeting, can he still vote as an alderman, and does he count for a quorum?
Yes to both. A Lawrason Act mayor pro tempore who is presiding because the mayor is absent still has his right to vote as an alderman. He can choose to vote as an alderman OR vote later to break a tie…
When does an Arizona school district advisory committee have to follow the Open Meeting Law, and is it OK for a board to meet with members two-or-three at a time before a public meeting?
It depends on the facts. The Attorney General agreed with the school districts' counsel that a committee is subject to the Open Meeting Law mainly when the governing board was involved in creating it,…
Is Tennessee's law making the Tennessee Association of Professional Bail Agents the only provider of required continuing education for bail bondsmen an unconstitutional monopoly?
Likely no. The Tennessee Constitution's anti-monopoly clause forbids exclusive grants of what was previously a 'common right.' Because no one else has ever had a right to provide this state-mandated t…
Is a redacted spreadsheet that lists multiple Conway Police Department employees alongside disciplinary dispositions, but doesn't summarize each employee's misconduct, a personnel record or an evaluation record under FOIA, and can the public see it?
It's a 'mixed personnel record' (it relates to multiple employees and was not created to evaluate any of them), and it should be released. Because the spreadsheet only lists names and dispositions, wi…
Can the same person serve as a deputy sheriff in two different Kentucky counties at the same time?
Yes. The Attorney General concluded that neither Section 165 of the Kentucky Constitution, nor KRS 61.080, nor the common-law doctrine of incompatible offices prohibits one person from holding the off…
I'm a police officer who was terminated and now my termination letter has been requested under FOIA. Can the city actually release that letter?
Yes. The AG concluded that the Cabot termination letter is properly classified as an employee-evaluation record because it states the grounds for termination, and the four-element release test under s…
Who controls the Hampton County School District budget and millage rate, the Board of Trustees or the County Council, and what happens when the local act conflicts with the statewide millage cap?
The Board of Trustees adopts the budget, and the Board (not the County Council) is the 'local governing body' that levies the school tax. County Council has discretionary approval over the millage, bu…
When a Jonesboro police officer is the subject of a citizen complaint and gets disciplined including suspension, can the public see the complaint form, the performance notice, and the suspension letter under FOIA?
Yes. The citizen-complaint form is a personnel record that has to be released because the public's interest in knowing whether an officer abused public trust outweighs his privacy interest. The perfor…
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