State AG Opinions
Free state attorney general opinions with plain-English summaries, full citations, and the original source on every page.
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Did Missouri approve the form of Jamie Howard's initiative petition 2026-45?
Yes. The attorney general approved petition 2026-45 as to form, but the secretary of state retained final authority to approve or reject it, and the opinion did not decide substantive sufficiency.
Did Missouri approve the form of Jamie Howard's initiative petition 2026-44?
Yes. The attorney general approved petition 2026-44 as to form, but the secretary of state retained final authority to approve or reject it, and the opinion did not decide substantive sufficiency.
Did Missouri approve the form of Terrence Wise's initiative petition 2026-43?
Yes. The attorney general approved petition 2026-43 as to form, but the secretary of state retained final authority to approve or reject it, and the opinion did not decide substantive sufficiency.
Did Missouri approve the form of Terrence Wise's initiative petition 2026-42?
Yes. The attorney general approved petition 2026-42 as to form, but the secretary of state retained final authority to approve or reject it, and the opinion did not decide substantive sufficiency.
Did Missouri approve the form of Terrence Wise's initiative petition 2026-41?
Yes. The attorney general approved petition 2026-41 as to form, but the secretary of state retained final authority to approve or reject it, and the opinion did not decide substantive sufficiency.
Did Missouri approve the form of Terrence Wise's initiative petition 2026-40?
Yes. The attorney general approved petition 2026-40 as to form, but the secretary of state retained final authority to approve or reject it, and the opinion did not decide substantive sufficiency.
Did Missouri approve the form of Terrence Wise's initiative petition to amend Article VI?
Yes, as to form only. The attorney general approved the form of Terrence Wise's petition 2026-039 to amend Article VI, but the Secretary of State keeps final authority to approve or reject it.
Can an Arizona community college build and use tiny homes on its own campus without being regulated by the Office of Manufactured Housing?
Yes, as long as the college performs all the construction and installation on its own campuses, with its own staff, for its own use. The Attorney General agrees that on-site construction by a politica…
What was the Arkansas Attorney General's substituted and certified ballot title for David Couch's 'An Amendment Concerning Constitutional Amendments, Initiated Acts, and Referendums,' and what does that ballot title actually say?
After three rejections (Opinions 2025-018, 2025-021, 2025-026), the AG accepted Couch's fourth submission, made minor changes to ensure the ballot title clearly explained the proposal's purpose while …
If Delaware State Police stopped me on a sidewalk and I want the body camera footage of my own stop, can I get it through FOIA?
No. Delaware State Police properly denied a citizen's FOIA request for body camera, dashboard camera, dispatch audio, and officer notes from his own pedestrian stop. The investigatory files exemption …
Should the Little Rock Police Department release commendation letters in a police officer's personnel file under FOIA, and does it matter who wrote the commendation?
Yes, sometimes. The classification turns on who created the letter. Commendation letters created by or at the behest of the employer are evaluation records and must be withheld unless the four-part te…
If a Rogers police officer's file gets requested under FOIA after a suspension, what gets released and what gets redacted, and does it matter if the requester wants the file just to harass the officer?
The custodian was right to redact the driver's license number and to release the suspension/termination-related evaluations. But the custodian missed several items that must also be redacted: employee…
If a Kansas county cites the wrong sales tax statute in a resolution, does that void voter-approved funding for the county hospital?
No. The Attorney General concluded that Morton County's citation to the wrong statutory subsection (K.S.A. 2014 Supp. 12-187(b)(1) instead of (b)(5)) in its 2015 hospital sales tax resolution was a cl…
When California offered the federal government 'exclusive jurisdiction' over military lands in 1897, did that automatically include San Clemente Island as Navy property?
No. The Attorney General reaffirmed a 1974 indexed letter conclusion: Statutes 1897, chapter 56, did not give the federal government exclusive state-law jurisdiction over San Clemente Island. The isla…
Did Missouri approve the summary statement for applying dealership rules to manufacturer order locations and ending a direct-sales exemption?
Yes. The attorney general approved the proposed summary statement's legal content and form; it described dealership status for manufacturer order locations and removal of a direct-sales exemption.
Did Missouri approve the summary statement for treating manufacturer order locations as motor vehicle dealerships?
Yes. The attorney general approved the proposed summary statement's legal content and form; it described applying dealership franchise laws to manufacturer locations that market, process, or take orde…
Did Missouri approve the summary statement for Jamie Howard's initiative and referendum protections proposal?
Yes. The attorney general approved the proposed summary statement's legal content and form; it addressed initiative and referendum protections, supermajority votes, election timing, ballot language, a…
When does an Arkansas law passed in 2025 without an emergency clause go into effect?
August 5, 2025. The 95th General Assembly adjourned sine die on May 5, 2025. Acts without an emergency clause take effect the day after the 90-day referendum-petition window closes. The 90-day window …
Is a California regional water management group made up of cities, counties, and water districts a public agency that has to follow the Brown Act open meeting rules?
Yes. The Attorney General concluded that the Madera County Regional Water Management Group, which is composed of local public agencies operating under a memorandum of understanding to develop and impl…
Can New Mexico require county jails to provide medication-assisted treatment for opioid addiction without paying for it?
No. The Attorney General concluded that the rule (8.325.12 NMAC) requiring all correctional facilities to run medication-assisted treatment programs is an unconstitutional unfunded mandate against cou…
Can Tennessee carve out an exception from its drinking-water regulations so that water softeners installed at apartment buildings and large multifamily complexes are not treated as regulated 'treatment facilities'?
Probably yes. The federal Safe Drinking Water Act does not require water softening to count as 'treatment,' and several states (Florida, Oregon, Massachusetts) already exempt aesthetic-only treatment …
If a parent's lawyer threatens to sue a Delaware school district over restraint and seclusion of a student, can the district then deny FOIA requests about restraint records under the potential-litigation exemption?
Yes. The Smyrna School District properly denied seven categories of restraint-and-seclusion records under FOIA's potential litigation exemption (29 Del. C. § 10002(o)(9)). The same attorney had sent t…
If a member of a South Carolina town planning commission resigns, can the remaining members still meet and vote, or must business halt until a replacement is appointed?
Yes. A South Carolina planning commission lawfully formed with five members may keep meeting and voting with three members present (a simple majority). The resigning member is also treated as continui…
Does the Arkansas State Medical Board's Rule 36 (which governs abortion procedures) define 'gestational age' and 'medical emergency' the same way the Arkansas Code does, and what happens when a rule's definitions don't match the statutes the rule is implementing?
Mostly yes, but Rule 36 partially conflicts with the Arkansas Code in two specific places. First, Rule 36's 'medical emergency' definition omits the 'highly lethal fetal disorder' element that A.C.A. …
Why did the Arkansas Attorney General reject the third version of David Couch's proposed amendment ('An Amendment Concerning Constitutional Amendments, Initiated Acts and Referendum'), and what did the sponsor need to fix?
The two prior substantive issues were resolved, but the General Assembly had since passed Act 602 of 2025, which became effective April 14, 2025, and bars certification of any ballot title above eight…
When a South Carolina consolidated school district sets its annual tax levy, does the county council have the final say on the millage, or can the school board set it independently?
The county council has approval authority. Under Section 5(B) of Act 184 of 2020, the Hampton County School District Board of Trustees can propose a tax levy and a millage increase of up to two mills,…
Are properties of regional intermodal authorities (port and freight facilities created under Arkansas law) exempt from local property taxes assessed by counties, cities, school districts, and improvement districts?
Yes. The Regional Intermodal Facilities Act exempts authority properties from all local and municipal taxes, which includes property taxes assessed by any political subdivision: counties, cities, scho…
Can Oklahoma county voters propose new county laws through an initiative petition, and where do they file the petition?
Yes, county voters can use the initiative process to propose new county laws or amend existing ones. The filing point depends on what the petition does: tax-incentive petitions go to the secretary of …
Can a South Carolina city, county, or state agency reject a nonprofit's application for tax incentives on a taxable economic-development project just because the nonprofit is tax-exempt?
No. South Carolina funding authorities cannot reject a nonprofit's tax-incentive application solely because the nonprofit is tax-exempt. They must look at the actual incentive statute and apply its re…
If a Mississippi alderman makes a motion that nobody seconds and nobody votes on, does the town have to put it in the meeting minutes?
The Open Meetings Act requires only final actions in the official minutes (members present, time, place, accurate record of final actions, votes by individual member). A motion that died for lack of a…
Can someone serve as both a Mississippi school board member and a city alderman at the same time?
No. A school board member is in the executive branch, exercising core executive powers. A city alderman is in the legislative branch, exercising core legislative powers. The Mississippi Constitution's…
Can a Mississippi city donate funds directly to a 501(c)(3) running a county-owned homeless transition center, or only through the county?
The local-and-private bill (H.B. 1801) authorizes Sunflower County to contribute extra funds, but does not authorize the City of Indianola to give money to the County. The City can, however, contribut…
Can a South Carolina AG opinion order a state board to take a specific action, or is it only advice?
AG opinions are advisory only. The Office cannot direct the SC Corn Board, the Agriculture Commission, or any other agency to take a specific action. Earlier opinions interpret the law; they do not or…
Is South Carolina's statute making it a misdemeanor to disturb religious worship (S.C. Code § 16-17-520) constitutional, and can it be enforced against protesters who use blasphemous, profane, or obscene language near churches?
Subsection (a) (willful and malicious disturbance) is likely constitutional. Subsection (c)'s ban on 'blasphemous' language is probably unconstitutional under federal cases like Kalman v. Cortes, but …
Did Missouri approve the fiscal note summary for Bradley Ketcher's initiative petition 2026-038?
Yes. The attorney general approved the summary's legal content and form; it estimated up to $473,665 in annual income and corporate tax losses and an unknown sales-tax impact if service departments cl…
Did Missouri approve the fiscal note summary for Bradley Ketcher's initiative petition 2026-037?
Yes. The attorney general approved the summary's legal content and form; it estimated up to $473,665 in annual income and corporate tax losses and an unknown sales-tax impact if service departments cl…
Can a Mississippi public community college write off and permanently extinguish uncollectible student accounts receivable, or does the state constitution forbid that?
No. Article IV, Section 100 of the Mississippi Constitution prohibits a public community college from permanently extinguishing uncollectible student account balances. The college can use accounting c…
When the Cabot Police Department received a FOIA request for an officer's suspension letters and a citizen complaint, which had to be released and which could be withheld?
All four documents are properly releasable. A February 2022 suspension letter that does not specify the grounds for suspension is a personnel record subject to disclosure under the Young v. Rice balan…
Does Arkansas's cleft-palate and craniofacial insurance coverage law apply to Medicaid, and how much dental work does it require an insurer to cover?
It depends on which Medicaid program. Traditional fee-for-service Medicaid is probably not a 'health benefit plan' under A.C.A. § 23-79-1501, but Medicaid programs that route beneficiaries through pri…
Can a county pledge money it gets from the state's Property Tax Relief Fund as security for bonds that finance library capital improvements (a new building, renovation, etc.)?
Only if the underlying property tax that the relief fund is replacing could be used for that purpose. The relief fund is a state reimbursement for property taxes counties don't collect because of the …
Did Missouri approve the fiscal note summary for Jamie Howard's initiative petition 2026-036?
Yes. The attorney general approved the fiscal note summary's legal content and form; it estimated no state or local government costs or savings, and the review did not assess that estimate's fairness …
Did Connecticut's transfer of interest earned on federal ARPA funds into the General Fund break the law on legislative oversight of pandemic relief money?
No. Interest earned by the State Treasurer on invested ARPA money defaults to the General Fund unless a statute says otherwise, and Special Act 21-1 says nothing about interest. The federal Treasury's…
Do local South Carolina Foster Care Review Board volunteers get mileage and per diem for community events, virtual trainings, or driving across town to attend a virtual case review in person?
Local Foster Care Review Board volunteers can receive mileage, per diem, and subsistence only for attending board meetings, not for community events. Virtual trainings may or may not qualify depending…
If the ACLU asks the Delaware Department of Correction for outside counsel fee agreements and invoices, does the agency have to actually search for them and respond on time?
The Delaware Department of Correction violated FOIA twice: by missing the 15-business-day response deadline on the ACLU's January 29, 2025 revised requests, and by failing to demonstrate an adequate s…
When a vacancy on a California municipal utility district board is filled by appointment, does the appointed director have to step down on election day, leaving a gap, or do they keep the seat until the elected successor is officially seated?
Stay seated. Public Utilities Code section 11865 requires an appointed Municipal Utility District board member to step down only when the elected successor takes office upon certification of the elect…
Does an Arizona community college have to sign federal civil rights and FERPA assurances that the U.S. Department of Education sent to State Educational Agencies and Local Education Agencies?
No. The Attorney General concluded that USDOE's March 28 and April 3, 2025 letters were directed at SEAs and LEAs (state and local education agencies for K-12), and that a community college is neither…
Can the Oklahoma Ethics Commission still investigate me for ethics violations after I leave state government?
Yes. The Ethics Commission has jurisdiction over former state officers and employees for acts or omissions that happened while they were in state service. Resigning does not insulate you from investig…
Can a county commissioner's chief deputy talk to another commissioner about county business outside a public meeting?
It depends on what hat the chief deputy is wearing. If the chief deputy is exercising the commissioner's delegated authority (or filling in during the commissioner's absence), conversations with anoth…
Someone made a FOIA request for the personnel files and job applications of three of our city's police officers. As the custodian, what do I have to redact and what must I release?
The job applications (titled 'personal history statements') are personnel records and the AG agrees they go out, but with corrections to the redactions. You correctly redacted SSNs, personal contact i…
If my local Mississippi community college does not offer a CTE class my child wants, can a neighboring community college (or its curriculum at a neighboring school district's vo-tech) provide it for dual credit?
Yes for the neighboring community college's campus, no for a neighboring school district's vo-tech center. Section 37-73-5 lets a high school student take a CTE dual credit course on another participa…
Can a Washington prosecutor remove a law enforcement officer's name from the office's potential impeachment disclosure (Brady) list, and what circumstances justify removal?
There is no authority for removing an officer's name from a Brady list based simply on the passage of time. Other circumstances (a 'pending' status investigation that exonerates, or new information th…
Does Kansas City, Kansas's Community ID card program for undocumented residents break state or federal law?
The Attorney General concluded that neither issuing nor possessing a Kansas City, Kansas Community ID card violates the state's human smuggling statute, K.S.A. 21-5432(a)(1), because the card does not…
How much can a Mississippi city pay a county to house its municipal inmates in the county jail?
Yes. Under amended Section 19-25-73(3), municipalities may pay a county up to $25 per day for the first 30 days a municipal pretrial detainee or prisoner is in the county jail, and up to $32.71 per da…
Can a Mississippi county employee use the county work vehicle to drive to meetings and business of a separate compensated state board position?
No. The personal use of a county vehicle for travel to a separately compensated elected state board position is an impermissible donation of public funds under Article IV, Section 66 of the Mississipp…
Does Mississippi law require a chiropractic extern applicant to pass all four parts of the National Board exam, or just some?
The statute (Section 73-6-14(1)) does not specify which parts of the National Board exam an applicant must pass. The Board of Chiropractic Examiners has broad authority to set academic and professiona…
Can Oklahoma's wildlife agency be forced to pay counties an annual 'in lieu of tax' on its land?
No. Section 3-303(C) of title 29, which requires the Oklahoma Wildlife Conservation Commission to pay counties an amount equal to ad valorem taxes on its property, is unconstitutional. State property …
If a Delaware city intern asks to speak during the public comment period at a council meeting, can the city refuse just because the intern is on city staff?
No. The City of Milford violated FOIA by refusing to let an unpaid intern speak during the public comment period of a January 13, 2025 council meeting on two cannabis ordinances. FOIA's public comment…
Can a Louisiana justice of the peace also serve as the full-time town clerk for a Lawrason Act municipality?
No. Louisiana's Dual Officeholding and Dual Employment Law prohibits a justice of the peace (an elective office) from holding a full-time appointive office in any political subdivision of the state. T…
What problems did the Idaho AG flag with the proposed grocery sales tax exemption ballot initiative?
Two main concerns. The Certificate of Review found the initiative (1) failed to define 'food sold for human consumption,' which matters because Idaho courts strictly construe tax exemptions against th…
After Wilmington was ordered to redo its FOIA response on the homeless-bench dispute, did its second answer satisfy the attorney-client and investigatory-files exemptions?
Yes. The City of Wilmington's supplemental response satisfied FOIA. The City Solicitor's affidavit established the withheld records were either attorney-client communications between police/mayor staf…
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