State AG Opinions
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Did Missouri approve the form of Jamie Howard's initiative petition 2026-063?
Yes. The attorney general approved petition 2026-063 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 2026-062?
Yes. The attorney general approved petition 2026-062 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 2026-061?
Yes. The attorney general approved petition 2026-061 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 2026-060?
Yes. The attorney general approved petition 2026-060 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 2026-059?
Yes. The attorney general approved petition 2026-059 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 2026-058?
Yes. The attorney general approved petition 2026-058 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 2026-057?
Yes. The attorney general approved petition 2026-057 as to form, but the secretary of state retained final authority to approve or reject it, and the opinion did not decide substantive sufficiency.
Does the United Keetoowah Band's April 2025 signing of Oklahoma's model gaming compact create a valid agreement with the State?
No. Oklahoma's offer to enter the Model Tribal Gaming Compact expired on January 1, 2020 (the end of its initial term), and the Compact's auto-renewal provisions only protect compacts that were…
Under South Carolina law, is a vape shop classified as a 'tobacconist'?
The SC Code does not define ‘tobacconist.’ The AG says a vape shop selling electronic smoking devices is a ‘tobacco retail establishment’ under § 16-17-501. It cites SCDOR website guidance saying…
In rural Arkansas, can the quorum court raise volunteer fire department dues without going back to the voters, and can the dues be charged on a timberland parcel that doesn't have a house or business on it?
Whether the quorum court can raise dues without an election depends on what voters originally approved: if the original ballot measure didn't lock in a specific rate, the quorum court can raise…
Can the Boy Scouts (now Scouting America) sell off any of the 2,840 acres they got from the State of Arkansas in 1976 without losing the property to the state, and is the 1973 act that created those restrictions still good law?
No, they can't sell. The 1976 deed contains direct restraints on alienation (no sale, donation, lease, or conveyance) plus an indirect use restriction. Although direct restraints are normally void…
Can a county library board claim the entire balance of the county public library fund (from voter-approved millage) and hold it in its own bank account, paying expenses directly without going through the county treasurer?
Yes. Under A.C.A. § 13-2-404(c)(3), if the quorum court enacts an ordinance directing the county treasurer to release the undistributed balance of the county public library fund, the library board…
Is a Kentucky school board's vote to raise the occupational license tax valid if the board didn't give the required public notice first?
No. The Attorney General concluded that the Fayette County School Board's May 27, 2025 vote to raise the occupational license tax was unlawful and void because the board did not publish the one-week…
If I'm about to sue Delaware police and probation in federal court over a stop, can I still use FOIA to get the records I'll need for my case?
The AG found no FOIA violation because Somers had filed a federal civil rights suit and the requested records pertained to it. The opinion applied the pending-litigation exemption to his DOC and…
If the directors of a Tennessee mutual-benefit nonprofit (one with no members) abuse their authority or breach their duties, who can sue them?
Another director on the board can bring a derivative suit on behalf of the corporation. The Tennessee Attorney General can file a direct action seeking judicial dissolution or remedies for ultra…
When state employees get a big raise, what is the cap on a Tennessee certified elections administrator's annual pay increase: 5% (the cap on county-officer raises) or 10% (the cap in the elections administrator statute)?
10%. Tennessee Code Annotated § 2-12-208(f) specifically governs elections administrators and caps the annual increase in their compensation at 10%. The 5% cap in § 8-24-102(d) applies to general…
When a charter school messes up its CalSTRS reporting or contribution payments, can the state Teachers' Retirement Board fine the county office of education that submits the reports on the charter school's behalf? And can the county recover the cost from the charter school?
Yes to both. The Teachers' Retirement Board can assess penalties under Education Code sections 23003, 23006, and 23008 against an intermediary county superintendent of schools for charter school…
What does the Arkansas Attorney General have to consider when deciding whether to certify a ballot title for an initiated constitutional amendment, and why was the original 'Arkansas Ballot Measure Rights Amendment' ballot title rejected on its first submission?
The AG checks (1) whether the popular name accurately and impartially identifies the proposal, (2) whether the ballot title summarizes the amendment fairly, briefly, and without partisan tilt or…
Can Kansas legally negotiate a gaming compact with the Wyandotte Nation without violating its existing state-run casino contracts?
Yes. The Attorney General concluded the Governor has a federal duty under the Indian Gaming Regulatory Act (IGRA) to negotiate in good faith with the Wyandotte Nation over a Class III gaming…
Why did Missouri reject Jamie Howard's initiative petition 2026-051?
The attorney general rejected the petition because its signature sheet did not correctly address the current secretary of state. The opinion did not review whether the petition had additional defects.
Why did Missouri reject Jamie Howard's initiative petition 2026-050?
The attorney general rejected the petition because its signature sheet did not correctly address the current secretary of state. The opinion did not review whether the petition had additional defects.
Why did Missouri reject Jamie Howard's initiative petition 2026-049?
The attorney general rejected the petition because its signature sheet did not correctly address the current secretary of state. The opinion did not review whether the petition had additional defects.
Did Missouri approve the form of Jamie Howard's initiative petition 2026-48?
Yes. The attorney general approved petition 2026-48 as to form, but the secretary of state retained final authority to approve or reject it, and the opinion did not decide substantive sufficiency.
Can a Kansas school district use bond money to improve a sports complex it only leases, not owns?
Yes, with a limit. The Attorney General concluded that a school district's limited home-rule authority under K.S.A. 72-1138(e) lets it spend district funds to improve leased property for district…
When a Delaware city wants to withhold a developer's PowerPoint presentation as 'commercial' information, what does the city actually have to prove?
Wilmington violated FOIA by withholding a developer's presentation under the commercial-and-financial-information exemption (29 Del. C. § 10002(o)(2)) without enough evidence to support each of the…
Can a South Carolina municipal council limit a speaker to a single three-minute slot at public comment, even if the speaker holds power of attorney to speak on someone else's behalf?
Yes. The AG concluded that a municipal council may prevent an attorney-in-fact from stacking another person's speaking time onto the speaker's own allotment. The opinion reads the described rule to…
Did Missouri approve the form of Richard von Glahn's initiative petition 2026-47?
Yes. The attorney general approved petition 2026-47 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 2026-46?
Yes. The attorney general approved petition 2026-46 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 2026-45?
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.
May Yavapai College build tiny homes on its campuses and lease them to its students and faculty without OMH regulation?
Yes, on the facts Yavapai College described: the College conducts construction and installation within its campuses and uses the homes for its own purposes, including leases to its students and…
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 rejecting three earlier submissions, the AG substituted and certified a popular name and ballot title for Couch’s proposed constitutional amendment. Couch’s revised title scored 8.5 on the…
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…
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?
It depends on the letter’s source and purpose. The AG said employer-created commendations evaluating job performance should be withheld, while unsolicited commendations from third parties are…
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 AG agreed with withholding evaluations unrelated to discipline and releasing those that formed the basis for a final termination where he found a compelling public interest. The driver’s license…
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…
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…
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…
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,…
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…
Must a Louisiana port follow public bid law when buying a custom-built fueling barge?
Yes. The Attorney General concluded that the Port of South Louisiana's acquisition of a custom-built fueling barge falls under the Public Bid Law's rules for purchases of materials or supplies. The…
Does the Madera County Regional Water Management Group have to follow California’s 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…
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…
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…
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…
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…
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…
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…
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…
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 AG reads the Regional Intermodal Facilities Act's exemption from 'all local and municipal taxes' to include property taxes levied by cities, counties, school districts, and improvement…
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…
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…
Can a Louisiana disabled veteran claim a property tax exemption on a home owned with someone else, and can it apply after Orleans Parish closes its tax roll?
Yes, under the conditions the opinion described. The veteran's additional exemption applied in proportion to the veteran's ownership share. The attorney general said a qualifying 2024 claim could…
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…
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