State AG Opinions
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Can a South Carolina county put a transportation sales tax referendum on the ballot in an odd-numbered year, or does the 'time of the general election' language in § 4-37-30(A)(2) limit it to even-numbered federal election years?
Either is allowed. The county transportation sales tax referendum required by S.C. Code § 4-37-30(A)(2) to be held 'at the time of the general election' can take place in an odd-numbered November as…
Can a Jefferson Parish deputy sheriff counsel for the parish human services authority under a professional services contract?
The Louisiana AG concluded that the Dual Officeholding and Dual Employment Law does not prohibit that contract arrangement because providing services through a professional services contract is not…
If a Tennessee parent signs a 'blanket consent' for a school or provider to treat a minor's physical ailments and administer medication, does that consent also waive the parental-consent requirement for psychological or counseling services?
Likely no. The AG concluded that a blanket consent in Tennessee covers only the activity it specifically authorizes. A consent listing physical treatment and medication does not extend to…
If a Louisiana district public defender's one-year contract simply isn't renewed, does the defender get a hearing and investigation under La. R.S. 15:170?
No. La. R.S. 15:170 gives a district public defender a right to a hearing and investigation only if he is disciplined or has his contract terminated early. If the annual contract just expires and is…
Does Louisiana's Public Bid Law apply when a tenant pays part of a public building project?
Yes. The attorney general said the whole public-work project cost controls when it exceeds the contract limit and public funds pay any part. A district cannot separate its materials purchase to…
Did Missouri approve the fiscal note summary for Damien Johnson's initiative petition 2026-022?
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…
Does President Trump's Executive Order 14201 on transgender student athletes override Minnesota's anti-discrimination law, and can a Minnesota school district comply with the order without violating the Minnesota Human Rights Act?
No to the first question, no to the second. Executive Order 14201 (Keeping Men Out of Women's Sports) does not preempt Minnesota law because the President cannot issue education-funding directives…
Can Kentucky put a Ten Commandments monument back on the Capitol grounds and require the Ten Commandments in public school classrooms?
Likely yes, with conditions. The Attorney General concluded that restoring a passive Ten Commandments monument to the Capitol grounds likely would not violate the Establishment Clause, and that the…
Does a Kansas school have to keep paying life insurance premiums for a teacher who gave notice they won't return next year?
No. The Attorney General concluded that Kansas's teacher continuing contract law only keeps a teacher's employment relationship alive between contract terms when the teacher has not given notice of…
Can a Delaware school district charge $65 an hour to pull English Learner data because only the Supervisor of Instruction has system access?
Yes. Seaford School District showed that only the Supervisor of Instruction (and the higher-paid Director of Instruction) had the access and training to gather and properly deidentify the requested…
When a Delaware public body charges for FOIA work, can it pick a higher-paid employee instead of the lowest-paid one capable of doing it?
No, but the lowest-paid employee 'capable' of the work is the one who actually has the access and skills. Sussex County Vocational Technical School District quoted $63.21/hour for a teacher serving…
Can a Mississippi county put leftover insurance money into the general fund after a covered building has been fully repaired?
No. Under Mississippi Supreme Court precedent (Adams v. Helms, 1909), insurance proceeds for a damaged county building are not part of the general fund. They are a trust fund reserved for repairing,…
Can a Mississippi county tax assessor use the affordable housing appraisal method on a property qualified under a city's local affordable housing ordinance alone?
Maybe. Section 27-35-50(4)(d) applies only if a development meets the statutory definition of 'affordable rental housing' (income-and-rent restricted under federal programs or a similar program).…
Can a family member or hospital override a registered organ donor's decision in Mississippi?
No. Once a Mississippi resident has registered as an organ donor, no one else (not family, not hospital staff) can revoke that decision without legal or clinical justification. Hospitals must…
Can a Mississippi school board member vote to hire or set the salary of a relative working in the same district?
No. Section 37-9-21 prohibits a school board member from voting on hiring any superintendent, principal, or licensed employee related within the third degree by blood or marriage, or financially…
Do tribal libraries and nonprofit libraries in New Mexico have to hold open meetings under the Open Meetings Act?
No, generally not. Tribal libraries are part of sovereign tribal governments and not state agencies. Nonprofit libraries are private charities, not public bodies. Either could become subject to the…
Who is supposed to pick up an Arkansas inmate from a federal prison or another state's prison and bring them to the Arkansas Division of Correction once they finish their out-of-state sentence?
Nobody, under current Arkansas law. The 2015 amendment to A.C.A. § 12-27-113 took the duty away from the Division of Correction and assigned it only to county sheriffs for inmates already 'in their…
Our California city expanded its council from five to seven members. Can we now seat the entire seven-member council as the library board?
No. California Education Code section 18910 mandates a five-member library board of trustees, and the statute provides no exception for cities that have grown their councils. The Municipal Libraries…
Do Arkansas county judges have to display 'In God We Trust' and the U.S. and Arkansas flags in county buildings, or does Amendment 55's grant of custodial authority over county property let them opt out?
County judges must comply when the statute's conditions are met. The AG reads 'local building administrators' to include county judges and says Amendment 55 and § 14-14-1102 do not let them refuse…
Do members of a South Carolina county library board of trustees have to take the constitutional oath of office?
Yes. Members of the Charleston County Library Board of Trustees hold public office under the South Carolina Constitution, so they must take and subscribe the oath of office prescribed by Article VI,…
Does the Arkansas AG have to review and approve a contract between two cities for one to provide police services to the other, or can the city councils just authorize it themselves?
AG approval is not required. The Greers Ferry-Higden police services agreement is a contract under A.C.A. § 25-20-108(a), not a true interlocal cooperation agreement under § 25-20-104(f). A.C.A. §…
Can a Texas taxing unit recover attorney's fees in a delinquent property tax suit if it did not impose the extra collection penalty?
Yes. A taxing unit that contracts with a private attorney to collect delinquent taxes can recover attorney's fees under Property Tax Code § 33.48 (15% of the taxes, penalties, and interest due) in a…
Can a Texas county use county workers and equipment to dig and close graves in private cemeteries?
Mostly no. The AG concluded a county cannot enter an interlocal agreement under Government Code chapter 791 with a private (non-governmental) cemetery organization. A county's burial authority under…
Did Missouri approve the summary statement for Jamie Howard's initiative petition 2026-017?
Yes. The attorney general approved the proposed summary statement's legal content and form; it addressed initiative protections, an 80 percent legislative threshold, election timing, and…
Did Missouri approve the summary statement for Jamie Howard's initiative petition 2026-016?
Yes. The attorney general approved the summary statement's legal content and form; it addressed initiative protections, election timing, and an independent ballot-summary commission.
Did Missouri approve the summary statement for Jamie Howard's initiative petition 2026-015?
Yes. The attorney general approved the summary statement's legal content and form; it addressed initiative protections, election timing, and an independent ballot-summary commission.
Can a South Carolina county stop a city from annexing nearby land, and do cities have to coordinate annexation with the county's comprehensive plan?
The AG did not decide whether the county could challenge a particular annexation; its standing and claimed harm were unclear. It advised identifying the harm with counsel and asking whether courts…
Does Kentucky's workforce-board statute (KRS 151B.290) conflict with federal law, so the Governor can refuse to implement it?
No. The Attorney General concluded that no provision of KRS 151B.290 conflicts with the federal Workforce Innovation and Opportunity Act or the Wagner-Peyser Act. The duties the statute gives local…
Did Missouri approve the fiscal note summary for Katherine Floyd's initiative petition 2026-019?
Yes. The attorney general approved the summary's legal content and form; it estimated at least $1.5 million in annual legal settlement costs, at least $85,320 in other annual state costs, and mixed…
Did Missouri approve the fiscal note summary for Katherine Floyd's initiative petition 2026-018?
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…
Can a Kansas county attorney be paid extra for temporarily covering the county counselor's job during a vacancy?
Yes. The Attorney General concluded that once a county has established the position of county counselor, that office's civil duties belong to the county counselor, not the county attorney. So when a…
What are the notice rules for a Delaware public body holding a virtual meeting, and what counts as proper agenda notice for the meeting where they vote to dissolve?
The AG found two violations at ACT’s December 13 meeting: the agenda omitted public comment, and the notice did not provide the physical anchor location and virtual participation information at…
Can a car manufacturer like Scout Motors sell vehicles directly to consumers in South Carolina, bypassing franchised dealers?
No. South Carolina's franchise law (S.C. Code Ann. § 56-15-45) makes it unlawful for a manufacturer to sell vehicles directly to consumers in the state. New cars can be sold only through a licensed…
Can a Minnesota county jail or sheriff hold someone past their state release date because ICE has sent over an immigration detainer asking them to keep the person 48 more hours?
No. The AG concluded that prolonging custody past a person's state release date based only on an ICE detainer is a new arrest under Minnesota law, and no Minnesota statute authorizes that arrest.…
Can a Texas student-athlete use prescribed testosterone for gender transition and still compete under the UIL steroid rules?
No. The AG concluded that providing steroids (including testosterone) to a minor to transition the minor's biological sex is not a 'valid medical purpose' under Education Code section 33.091,…
Can a doctor who works at a Kansas county hospital also sit on that hospital's board of trustees?
No. The Attorney General concluded that a physician employed by a county hospital cannot simultaneously serve on that hospital's board of trustees. Because no Kansas statute expressly allows or…
If I'm an Oklahoma resident and see a doctor in Texas or Arkansas, can that doctor send my prescription to my Oklahoma pharmacy without an Oklahoma license?
Yes. An out-of-state practitioner who treats an Oklahoma resident in the practitioner's home state does not need an Oklahoma medical license to provide care or to write a prescription, and does not…
When a Delaware city refuses to release records under attorney-client privilege, what does it have to put in writing to back that up?
More than a one-paragraph affidavit. Wilmington withheld correspondence about removing benches near a homelessness shelter, citing attorney-client privilege. The Solicitor's affidavit said only that…
Does federal ERISA law override Texas's pharmacy benefit manager and pharmacy-contracting rules, even for health plans based outside Texas?
Probably not. The AG concluded that a Texas court would likely hold ERISA does not preempt the two sets of Insurance Code rules added by House Bills 1763 and 1919 (subchapters M and L of chapter…
Can a Virginia school board, by majority vote, remove its chairman or vice-chairman from that position partway through their one-year term?
No. The AG concluded that § 22.1-76 fixes the chairman's and vice-chairman's term at one year and does not give the board any authority to remove either officer mid-term. Replacements are selected…
Did Missouri approve the summary statement for initiative petition 2026-014?
Yes. The attorney general approved the proposed summary statement's legal content and form; it addressed initiative protections, an 80 percent legislative threshold, election timing, and…
Could Louisiana's governor approve St. Martinville's charter amendment changing how council and mayoral salaries are set?
Yes. The Louisiana AG concluded that the amendment complied with state and federal law and should be approved. It let the council set elected officials' salaries by majority vote and removed the…
Can a Delaware agency refuse to release records about offshore wind development just because there's an Environmental Appeals Board hearing pending?
Yes, when the records and the hearing are both about the same subject. DNREC properly invoked the pending-litigation exemption to withhold records about US Wind, the Indian River Bay, and offshore…
Who has fire code authority over a Mississippi community college building, the State Fire Marshal or the local fire marshal?
Default to local. Mississippi community college buildings are not state-owned, so the State Fire Marshal's MS Fire Prevention Code does not automatically apply. Local fire code and local fire…
Why did Missouri reject Damien Johnson's initiative petition 2026-025?
The attorney general rejected petition 2026-025 because it did not underline all new matter as required by Sec. 116.050, RSMo. The opinion did not review whether other deficiencies existed.
Why did Missouri reject Damien Johnson's initiative petition 2026-024?
The attorney general rejected petition 2026-024 because it did not underline all new matter as required by Sec. 116.050, RSMo. The opinion did not review whether other deficiencies existed.
Why did Missouri reject Damien Johnson's initiative petition 2026-023?
The attorney general rejected petition 2026-023 because it did not underline all new matter as required by Sec. 116.050, RSMo. The opinion did not review whether other deficiencies existed.
Did Missouri approve the form of Damien Johnson's initiative petition 2026-022?
Yes. The attorney general approved petition 2026-022 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 Damien Johnson's initiative petition 2026-021?
Yes. The attorney general approved petition 2026-021 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 Mississippi city use municipal labor and equipment to install a private individual's commemorative banners on city utility poles for free?
Generally no. A Mississippi city cannot donate municipal labor, equipment, or pole space to a private, for-profit individual for free, even for a commemorative banner project. But Section 17-3-1…
Can the City of Fayetteville cap the application and background-check fees that landlords charge prospective tenants, or does Arkansas state law preempt that kind of price regulation?
No. A city cannot cap landlord rental application fees or background check fees. A.C.A. § 14-43-608(a) preempts municipal regulation of the price of those services. Section 14-54-1409 (the…
Do the rules for license plates (Chapter 14, Subchapter 7) also apply to the temporary paper buyer's tags dealers issue to new car buyers, including the 100-foot visibility rule and the no-cover rule?
No. The display requirements for temporary preprinted buyer's tags are independent of license plate rules. Some requirements overlap, others don't. The license plate visibility rule (100 feet) does…
Who enforces the Arkansas Fire Prevention Code in a fire district when wind turbines are being built, the State Fire Marshal, the city, or the local fire department, and can the city add stricter rules and charge inspection fees?
The State Fire Marshal enforces the AFPC by default. Local jurisdictions can establish a building department with a building official to enforce Volume 2 (buildings and structures), can adopt more…
Can a Mississippi county use county equipment, labor, and materials to help a private water association with drainage repairs?
Generally no. The county home rule statute bars using public funds, equipment, or supplies for private purposes. But Section 19-5-92.1 carves out one exception: a county may provide labor,…
Can a Mississippi tax collector accept a consular ID card or a foreign passport to register a vehicle?
No. While Section 27-19-57 does not allow a Mississippi tax collector to demand a Mississippi driver's license specifically, when proof of ID is required, it must be a driver's license or other…
Can a person serve as a Mississippi city fire chief and a county justice court judge at the same time?
No. The fire chief manages the entire fire department, serves as Civil Defense Director, and can hire and fire department staff. Those duties are executive core powers, so the same person cannot…
Did Missouri approve the summary statement for Jamie Howard's initiative petition 2026-012?
Yes. The attorney general approved the proposed summary statement's legal content and form; the proposal addressed legislative changes to citizen initiatives and when ballot measures would be decided.
Can a Tennessee municipality annex territory that is both outside its urban growth boundary and not adjacent to its existing city limits?
No. A municipality may only annex noncontiguous territory if that territory sits entirely within the urban growth boundary. Land that is both noncontiguous and outside the urban growth boundary is…
Did Missouri approve the summary statement for Jamie Howard's initiative petition 2026-011?
Yes. The attorney general approved the summary statement's legal content and form; the proposal addressed initiative-law changes, election timing, and a citizens' ballot-summary commission.
Did Missouri approve the fiscal note summary for Jamie Howard's initiative petition 2026-017?
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…
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