State AG Opinions
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Can a Louisiana water district charge developers for system upgrades their projects require?
Yes, on the facts presented. The Attorney General concluded that Lafayette Parish Waterworks District South could approve the needed upgrades by a simple board majority and charge the five…
Why did Missouri AG Opinion 21-2024 reject Andrew Lynn's proposed Ch. 513 initiative petition?
The petition failed to reproduce the measure's full text with every deletion bracketed and every addition underlined as required by section 116.050.2. The AG rejected its form without searching for…
How may a Mississippi city spend opioid settlement funds, and can it donate those funds to a nonprofit?
Litigation settlement funds, including opioid settlement money, become public funds when received by a Mississippi city. They must be expended in accordance with state law. Cities are prohibited…
If a Delaware zoning agenda lists a parking variance for one property, does it also have to list the off-site parking lot the developer plans to use to meet the parking requirement?
No FOIA violation. Rehoboth Beach's agenda for the September 30, 2024 Board of Adjustment hearing identified the applicant, the property at 2 Rehoboth Avenue, and the four code sections involved…
Can the Arkansas legislature change a constitutional amendment that voters passed by initiative, or do voters have to approve any change?
AG Tim Griffin reads Amendment 7 literally and says yes: a 2/3 vote in each house can amend an initiated constitutional amendment without going back to the voters. The 1951 Arkansas Supreme Court…
Can a South Carolina city hire a private company to write and collect parking tickets?
No, in the AG's view. Enforcing parking ordinances is an exercise of a city's police power, and South Carolina local governments cannot delegate police powers to a private entity without…
Which of the new misdemeanor crimes the Georgia legislature created in 2024 should require fingerprinting at arrest?
The AG designated 21 of 28 reviewed misdemeanors for fingerprinting: six hemp offenses, three trespass or drag-racing offenses, one consumable-hemp sale offense, seven kratom offenses, three…
Why did the Arkansas AG reject the Fort Smith / Sebastian County interlocal agreement to combine 911 dispatch operations?
The AG refused to approve the proposed Fort Smith and Sebastian County interlocal agreement because it did not say how property would be disposed of if the agreement ended in whole or in part.…
Can Louisiana renew a state office lease for more than ten years through competitive negotiation?
No, for a state agency lease of at least 5,000 square feet. The Louisiana AG concluded that the ten-year term limit applies to a renewed or renegotiated lease under La. R.S. 39:1644 as well as to…
Can a Louisiana water district limit new connections, charge minimum rates, and disconnect for nonpayment?
The Attorney General found the Avoyelles Parish water district's proposed capacity and minimum-charge rules permissible. It also said the district may disconnect for nonpayment if it provides due…
Can a Louisiana assessor change a property tax valuation after a board of review or the Tax Commission rules on it?
No unilateral change to a valuation those bodies specifically decided. The attorney general said an assessor's general power to correct assessment errors does not override that ruling. The assessor…
When are post-executive-session conversations among school board members a FOIA violation?
The AG found no FOIA violation at the August 13 meeting. It agreed that the Assistant Superintendent's seating was not public business and found the allegations of other private discussions too…
Can Florien's elected police chief also work full time as a Sabine Parish deputy sheriff?
No. The attorney general classified Florien's elected police chief as holding elective office and a full-time Sabine Parish deputy sheriff as holding a full-time appointive office. Louisiana's…
Can the interstate physician licensing commission limit its executive committee or run another licensing compact?
Yes to limiting its executive committee's work; no to administering another licensing compact. The Maryland Attorney General read the compact as giving the full commission control over work done on…
Can a Tennessee-licensed athletic trainer perform dry needling, also called intramuscular manual therapy or trigger-point dry needling?
Likely no. The Athletic Trainers Practice Act lets athletic trainers use 'physical modalities' such as 'heat, light, sound, cold, electricity, or mechanical devices.' Dry needling penetrates the…
Can the Kentucky Board of Pharmacy require every out-of-state pharmacist who fills prescriptions for Kentuckians to get a Kentucky license?
No. The Attorney General concluded that the Kentucky Board of Pharmacy lacks authority to regulate non-resident pharmacists beyond what KRS Chapter 315 specifically provides, and may not require…
Was Louisiana's Election Day voting information pamphlet approved for distribution?
Yes. The Attorney General reviewed Louisiana's Informational Pamphlet for Election Day Voting, found it compliant with state law, and approved it for printing and distribution. The short opinion…
Did Louisiana's Attorney General approve both submitted voter assistance forms?
Yes. The Attorney General reviewed Louisiana's Voter Assistance Form and Early Voting Voter Assistance Form, found both compliant with state law, and approved them for printing and distribution.
Can a North Dakota agency refuse to give me records because of an old unpaid invoice if I've already sent them a check that they didn't cash?
No. The Mandan Park District tried to deny S. Paul Jordan's records request because he had a $25 outstanding invoice from a prior request. He had already mailed a personal check for $25 with 'theft…
Can a Mississippi game warden write you a traffic ticket on a county road?
Yes. Section 49-1-43(4)(d) gives Mississippi conservation officers (game wardens) broad warrantless arrest authority for any misdemeanor or felony committed in their presence. The AG read that to…
Can a Mississippi property owner block a public alley with a fence, and what can the city do?
A public right-of-way is the public's right of passage on roads, alleys, and similar thoroughfares. A property owner cannot permanently obstruct one. Mississippi cases have ordered removal of fences…
Does Mississippi law require an electric co-op's broadband affiliate to pay a separate city franchise fee?
Mississippi's 2% utility franchise fee under Section 77-3-17 does not apply to broadband services from an electric cooperative or its affiliate. The Broadband Enabling Act requires no additional…
Can Oklahoma's State Athletic Commission regulate slap fighting events the way it regulates boxing, MMA, and kickboxing?
Yes. The Attorney General concluded that slap fighting fits Oklahoma's definition of a combative sport: it involves unarmed contestants striking blows reasonably expected to cause injury, and it is…
Can South Carolina police still charge students who fight at school under a city disorderly conduct ordinance?
Probably yes for the 'fighting' part, in the AG's view. Federal courts struck down South Carolina's disorderly conduct statute (§ 16-17-530) as unconstitutionally vague as applied to students, but…
If a West Virginia deputy sheriff resigns to run for sheriff, wins, then loses reelection, can he automatically return to his old deputy job?
No. Taking office as sheriff ends the deputy appointment, so civil-service protections (which only cover current deputies) no longer apply. There is a statutory reinstatement window of two years…
Can an out-of-state trade group require DelDOT to provide records under Delaware FOIA?
DelDOT did not violate FOIA by denying this request. The AG found that neither the requester nor his trade group was a Delaware citizen, a point the requester did not dispute; the opinion did not…
Can a North Dakota home rule city set its own recall election rules that differ from the state's recall procedure?
No. Dickinson's home rule charter article 8 sets a 15% signature threshold and a 15-day sufficiency review period for recall petitions, conflicting with the 25% threshold and review period of up to…
If I bought a car from a dealer and have a paper temporary buyer's tag, do I still have to register the vehicle with the state, or does the temp tag let me skip registration?
Yes. The AG said a vehicle with a temporary preprinted buyer's tag must still be registered within 60 days of transfer to a new owner, unless it falls within a registration exemption. The tag…
Can Oklahoma's Council on Judicial Complaints investigate misconduct allegations against members of state boards or commissions (like the Corporation Commission) when they're acting as judges?
No. The Council's statutory purpose limits its investigations to positions within the Court on the Judiciary's jurisdiction, and that court's constitutional jurisdiction concerns judges of courts.…
Do Mississippi corrections officers, parole officers, or health-department compliance inspectors exercise 'core powers' of the executive branch?
Whether a particular Mississippi corrections officer, parole officer, or Department of Health compliance inspector exercises 'core powers' of the executive branch is a factual determination for the…
Can a Mississippi sheriff use inmate canteen funds to buy a boiler valve and a jail laundry washer and dryer?
Yes to both. Section 19-3-81(1)(b) lets the sheriff spend inmate canteen money on educational expenses, equipment, supplies, and equipment maintenance for the benefit and welfare of inmates. A…
After Mississippi's 2024 amendment, does circuit court or chancery court have jurisdiction over civil commitment when a respondent has felony charges?
After the 2024 amendment to Section 41-21-63 by HB 1088, circuit courts have exclusive jurisdiction over civil commitment proceedings for respondents with unresolved felony charges. Chancery courts…
Can a Mississippi city contribute funds to maintain rivers and drainage outside city limits?
A Mississippi city may contribute public funds to maintain rivers and drainage outside its corporate limits only if the city makes a factual finding that the work promotes the health, comfort, and…
Can the same person serve simultaneously on the boards of two California water districts that have overlapping boundaries and are adverse parties in litigation over Kings River water?
The AG granted leave to sue because there are substantial legal questions about incompatibility and whether resignation from the second board resolves a possible forfeiture of the first seat. The…
Does Bismarck's home rule charter override the state-law deadline for filing a petition to initiate a city ordinance?
No. Bismarck's Home Rule Charter article 5 lays out the procedure for initiating an ordinance but doesn't set a deadline for filing the petition. When a home rule charter is silent on a topic, state…
Can a single commissioner of the Oklahoma Corporation Commission start a regulatory case on their own and direct staff and money toward it without the other two commissioners' agreement?
No. The Corporation Commission is constitutionally a three-member body that acts only by majority vote (Okla. Const. art. IX, § 18a(B)). A single commissioner has no authority to commence a case in…
Did Oklahoma's 2023 House Bill 2537 quietly make it impossible to prosecute peace officers for using excessive force?
No. The Oklahoma DA for the 7th District asked the AG whether HB 2537's amendment to 22 O.S. § 34.1(A), which says peace officers using excessive force are subject to criminal laws 'if excessive…
If I own an assault weapon under Washington law and want to sell it through a pawn shop to someone out of state, can I, and can the pawn shop legally complete the transfer?
Yes, all three pieces work, with the usual licensing strings attached. AGO 2024 No. 4 says: (1) an assault-weapon owner who is legally authorized to transfer the weapon can sell it to a properly…
Can a St. Mary Parish personnel board member also serve on another parish board or advisory board?
No for the public boards described. The attorney general read St. Mary Parish's home-rule charter as barring personnel board members from another parish public position and assumed the identified…
How specific does a Delaware public body's agenda have to be when noticing an executive session for legal advice?
No violation. The AG ruled the Diamond State Port Corporation Board did not violate FOIA. Its agenda label of 'strategy sessions involving legal advice' adequately noticed the executive session, and…
Who controls officer pay and spending in a Louisiana town with an elected police chief?
Cottonport's mayor and aldermen set the police budget and officer salaries, while its elected police chief controls day-to-day operations and allocates funds within the department's approved…
Can South Carolina keep its inmate phone-call surcharge that funds cell phone interdiction under the new FCC rule?
The AG would not answer directly, because interpreting the federal FCC rule and the Martha Wright-Reed Act is outside the scope of its opinions. It noted that if the FCC or a court treats South…
Can an Arkansas city use bonds, general funds, or rent to build housing for low- and moderate-income families?
Yes. The AG concluded that Article 12 § 5 of the Arkansas Constitution does not prevent Fayetteville (or any Arkansas city) from using voter-approved bonds, current city sales-tax revenue, or rental…
Can Louisiana siblings serve together on one board, and may a police juror's relative join a different board?
La. R.S. 42:2.2 bars appointing siblings to serve on the same board at the same time, the Attorney General concluded. The cited statute does not bar the East Feliciana Parish Police Jury from…
Can an electric cooperative restore lines under a Cameron Parish franchise, and who approves their location in parish rights-of-way?
The attorney general read the 1944 franchise as allowing Jefferson Davis Electric Cooperative to restore or locate previously existing lines in Cameron Parish rights-of-way outside incorporated…
Can a Delaware school district redact a hiring-related email under attorney-client privilege, and does its sworn search affidavit have to be specific?
The Christina School District did not violate FOIA. The Manager of Technology swore he searched all current and past Board members' email accounts, document folders, Google drives, and District…
Can a Mississippi jail buy a washing machine and clothes dryer for inmate uniforms with canteen funds?
Yes. A Mississippi sheriff may use inmate canteen funds to buy a washing machine and clothes dryer for inmate uniforms, so long as the purchase is made 'for the benefit and welfare of the inmates…
Can a Mississippi county use public law library funds to buy metal detectors for the courthouse?
Yes. Section 19-7-31 authorizes a Mississippi county board of supervisors to use public law library funds to purchase equipment for the library, and metal detectors at the entrance of a courthouse…
Can Arkansas police use automatic license plate readers, electronic tickets, or roadblocks to find uninsured drivers?
Yes, but with conditions. Arkansas allows ALPRs only for narrow statutory purposes (A.C.A. § 12-12-1803), allows electronic tickets, and lets officers stop a vehicle only on probable cause to…
Does FOIA's 15-day response deadline include a specific time of day, and is it a violation if a Delaware office cannot find FOIA logs from before 2023?
The Office of the Lieutenant Governor (OLG) did not violate FOIA. A response sent at 5:06 PM on the 15th business day is timely; FOIA does not impose an hour-of-day deadline. The OLG produced all…
If someone removed culverts from abandoned railroad property and now my land is flooding, can I make the water resource district investigate?
Yes. North Dakota water resource districts have a mandatory duty to investigate unauthorized drainage complaints under N.D.C.C. § 61-32-07. Property ownership does not affect whether the duty to…
Can a Mississippi county contract with a hospital and a private ambulance provider to subsidize ambulance services without competitive bidding?
Yes on all three counts. A Mississippi county may contract with a public hospital and the hospital's private ambulance provider for ambulance services under Section 41-55-3, may subsidize a private…
What problems did the Idaho AG flag with the proposed Idaho marijuana decriminalization ballot initiative?
Eight, broadly: the title used 'cannabis' but the body used 'marijuana'; 'home cultivation' appeared in the title but not the body; 'limited personal production' implied a quantity cap that the body…
What problems did the Idaho AG flag with the proposed 'Right to Abortion Under Certain Circumstances' ballot initiative?
Five. The Certificate of Review found that the initiative (1) was silent on how it interacts with existing Idaho abortion law, (2) tried to bind future legislatures by ordinary statute (Planned…
What problems did the Idaho AG flag with the proposed reproductive-freedom-until-fetal-viability ballot initiative?
Five. The Certificate of Review found the initiative (1) talked about 'privacy' without privacy content, (2) tried to bind future legislatures by ordinary statute (Planned Parenthood / Gallet), (3)…
Can a Delaware county refuse to release fire department radio recordings if those recordings have been subpoenaed by the State Fire Commission?
Yes. Sussex County did not violate FOIA when it refused to release Lewes Fire Department radio communications and audio recordings from August 19, 2024. The State Fire Commission's Investigation…
Can a Bossier police juror also serve on the city charter commission and parish library board?
Yes, under the dual officeholding law the Attorney General reviewed. A Bossier Parish police juror could also serve on Bossier City's part-time charter review commission and the parish's part-time…
Can a South Carolina county sponsor a private dam owner's FEMA grant if it means spending public money to maintain private property?
Probably not without a real public purpose, the AG concluded. If Oconee County sponsors the privately owned Chattooga Lake Dam's FEMA HHPD grant, it must commit to operate and maintain the dam, and…
Who pays for preliminary hearings in General Sessions criminal court when a defendant is later convicted of a felony, and who pays for court-ordered mental health evaluations of felony defendants?
For felony prosecutions where the defendant ends up convicted (by trial or by guilty plea after an indigency finding) and the case fits the classes in Tenn. Code Ann. § 40-25-129(a)(1)-(3), the…
Can South Carolina police use a search warrant form other than the state's official SCCA 513 form?
Only if it matches the official form exactly. Section 17-13-160 requires all search warrants to use the form approved by the Attorney General, which is SCCA 513. The AG confirmed police may create…
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