State AG Opinions
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What does South Dakota's video lottery operator law actually require for 'residency'? And does the partnership/corporation majority-ownership rule apply to LLCs and limited partnerships too?
The South Dakota Lottery has to satisfy itself, with whatever investigation is needed, that an applicant actually lives in South Dakota as their permanent home. And the majority-South-Dakota-resident-…
Did Act 633 of 2023 apply to the Pine Bluff School District's 2023 return to local control, and what authority does the State Board have over the schedule for replacing appointed school board members with elected ones?
Act 633 of 2023 does not apply to Pine Bluff School District's return to local control because the State Board's actions on the district predate the Act's effective date and the Act is not retroactive…
Does Arkansas's 2023 law shielding medical marijuana patients from automatic concealed-carry denial conflict with federal firearm law, and what does it actually change for applicants?
Act 757 does not conflict with federal law. The Act prevents the State Police from using a person's status as a medical marijuana patient or caregiver as the sole basis for denying a concealed-carry l…
After the Supreme Court's Tyler v. Hennepin decision, does Arkansas's tax-foreclosure surplus law violate the Takings Clause, and what should former owners do to recover surplus proceeds?
Arkansas's general tax sale process is likely constitutional under Tyler because former owners have two years to apply for surplus proceeds. The exception is donation deeds: if the Commissioner of Sta…
Who pays the court filing fee for a court-ordered mental health commitment in Texas, and when is it due?
The county is generally on the hook, but it can sometimes shift the fee, and the timing depends on who pays. Under Health and Safety Code subsections 571.018(a) and (b), the county is generally respon…
How many poll managers may a Mississippi precinct have if it has 500 or fewer registered voters?
Three are mandatory under § 23-15-231; up to three more may be added at the election commissioners' discretion under § 23-15-235. Maximum for a 500-or-fewer voter precinct is six. The statute provides…
Who can swear in a Mississippi sheriff, and can a sheriff swear in his own deputies?
Municipal judges, notaries public, and the other officials in § 11-1-1 may swear in any Mississippi elected official, no matter the county. A sheriff is not authorized to administer oaths and cannot s…
When can a Maryland CPA help a client file a Corporate Transparency Act beneficial ownership report without practicing law?
A Maryland CPA could give general information, walk a client through FinCEN's instructions, define familiar terms, gather facts, and file a BOIR from information the client supplied. The CPA could cro…
Can a Delaware county refuse to release zoning-violation records as 'investigatory files'?
Yes. The AG ruled Sussex County properly withheld records about violations on a Rehoboth Beach property under 29 Del. C. § 10002(o)(3), the investigatory files exemption, after the County submitted a …
Does a Mississippi county have to use reverse auction to purchase road and bridge construction equipment over $75,000?
No. The 2022 amendment to § 31-7-13(c)(i)(2) excludes reverse auctions for any contract for design, construction, improvement, repair, or remodeling of public facilities, including the equipment purch…
Can South Carolina school staff move budget money mid-year without board approval?
No. The Attorney General concluded that a school board cannot let district employees make mid-year budget transfers without the board's approval. Setting and maintaining the budget is a discretionary …
Does the Arkansas Constitution require the state alone to pay state district court judges' salaries, or can cities and counties be required to chip in?
The state is not constitutionally required to be the sole payer of state district court judges' salaries. Amendment 80 is silent on funding, and Amendment 94 requires payment from the Constitutional O…
Can the same person sit on both a county planning commission and a county board of education in California?
No. The two offices are legally incompatible under Government Code section 1099. The planning commission reviews education-facility site decisions and CEQA approvals, the board of education makes scho…
Can a member of the public get copies of spoiled ballots in Texas after an election, and for how long?
Yes, the AG concluded the public can get copies of spoiled ballots, with a redaction caveat. Spoiled ballots are stored in ballot box no. 4 and must be preserved for at least 22 months after election …
If a Delaware village has a town-meeting style government where every resident is a member, can a resident use FOIA to get communications between the council's lawyer and the small task force the lawyer was hired to advise?
The AG declined to decide. The Village of Arden withheld the communications under attorney-client privilege. The petition turned on whether every Arden resident is the law firm's client and whether th…
Can a South Carolina county spend tax money to maintain private dirt roads?
No, and a workaround through a charity won't fix it. The Attorney General reaffirmed that public funds, including ad valorem taxes, cannot be used to maintain private roads because that serves no publ…
Can a Bentonville School District donate nine acres of land for affordable teacher housing and a community center, and what triggers a charter school's right of first refusal?
A school district can donate real property under A.C.A. § 6-21-108 if the property is not required for present or future needs and the donation serves a beneficial educational purpose. Adjacent undeve…
Can a Delaware town council just hold a closed-door 'executive meeting' to talk about draft ordinances?
No. The Town of Leipsic noticed a March 26, 2024 'Executive Meeting/Session' for 'Council Members Only' to discuss draft and existing town ordinances and the town charter. The AG ruled that ordinances…
In Kentucky, can someone on home incarceration be arrested for escape if they leave home without permission or cut off their ankle monitor?
Yes, with limits. The Attorney General concluded that a person on home incarceration who leaves without permission, or who removes or disables a required ankle monitor, can be arrested without a warra…
Can my nonprofit use an online raffle platform like a 50/50 sports raffle? And can a paid staff member run the raffle?
Yes to both, with limits. A qualified Oklahoma nonprofit can use a third-party online raffle platform to handle ticket sales, payments, and the random drawing, the platform is a 'helper,' not the enti…
Who is responsible for funding and running an Oklahoma county jail: the sheriff, the county commissioners, or the excise board?
All three. The sheriff runs daily jail operations and pays for inmate meals, medical care, and bedding. The county commissioners must establish, inspect, and pay for warming, beds, and structural repa…
Can the California Legislature give school districts extra LCFF money for every student in the racial or ethnic subgroup with the lowest test scores?
No. Conditioning state education funding on a student's ethnicity, even to address a real achievement gap, would violate the federal Equal Protection Clause. A race-neutral alternative exists: tie sup…
Does an Arkansas mayor have law-enforcement powers like a sheriff, and can a county sheriff still operate inside a first-class city's limits?
An Arkansas mayor of a city of the first class is a conservator of the peace with authority equal to a sheriff inside city limits to suppress disorder, keep the peace, make arrests with probable cause…
Do Arkansas gift cards have a 2-year minimum expiration, or does federal law require 5 years, and can a club just zero out unused member credit at year-end?
Federal law preempts the Arkansas 2-year minimum expiration. Gift cards covered by the CARD Act must either have no expiration or have an expiration at least five years after issuance, clearly stated.…
What does the Tennessee statute requiring the Commissioner of Education to be of 'literary and scientific attainments' actually mean, and what happens if the appointee doesn't meet the requirements?
The Commissioner must satisfy all three statutory tests in § 4-3-802(b): literary and scientific attainments, skill and experience in school administration, and qualification to teach in the highest-s…
If a Delaware village holds a regular meeting and a resident says the bulletin-board notice was missing on a specific date, but the village's secretary swears she posted it earlier, who wins?
The Village wins. The Village of Arden's Town Assembly Secretary attested under oath, with corroboration from a resident witness, that she posted the March 25, 2024 meeting notice on the Gild Hall bul…
After the LEARNS Act repealed the Teacher Fair Dismissal Act, can Little Rock teachers still get a hearing when their contracts are not renewed?
After the LEARNS Act repealed the Teacher Fair Dismissal Act and the Public School Employee Fair Hearing Act, teachers no longer have a statutory right to notice and hearing for nonrenewals (only for …
Can a California city council majority attend a paid Chamber of Commerce 'State of the City' breakfast where the mayor speaks, without violating the Brown Act?
No, not under the facts here. If a council majority attends the event, it's a Brown Act 'meeting' because they're congregating to hear an item within their jurisdiction. Neither the conference excepti…
Can the City of Benton legally redirect 60% of a voter-approved 1-mill firefighter pension tax into the city's general fund?
A court would likely find that Benton's 1982 redirection of 0.6 mills from the voter-approved 1-mill fire pension property tax to the city's general fund is an illegal exaction under Article 16, Secti…
When did bills passed in Kentucky's 2024 legislative session take effect?
Most bills from Kentucky's 2024 Regular Session took effect Monday, July 15, 2024. Under Section 55 of the Kentucky Constitution, ordinary legislation becomes law 90 days after the session adjourns. T…
If DC's CFO disagrees with the Council's decision not to fully replenish the Fiscal Stabilization Reserve in the FY 2025 budget, can he refuse to certify the budget or refuse to release funds from a duly enacted budget?
No on both counts. The CFO is not required by law to certify the District's budget at all. His routine practice of attaching a 'balanced' certification letter is not legally required, and his refusal …
Does the cap 'in no event to exceed the compensation of the district attorney' apply to a Mississippi single-county public defender's salary?
Yes. The cap applies to every category of full-time public defender, including a public defender representing a single county. No public defender's salary may exceed the district attorney's compensati…
Are lottery ticket delivery (courier) services legal in South Carolina?
The law doesn't say, and it's the Lottery Commission's call. The Attorney General concluded that the South Carolina Education Lottery Act neither expressly prohibits nor authorizes lottery courier ser…
In a Kentucky county, who appoints the deputy judge/executive and who is responsible for publishing legal notices of fiscal court business?
The Attorney General concluded that a county judge/executive has unilateral authority to appoint a deputy who serves at his or her pleasure, while the fiscal court decides how many other assistants th…
Can a Texas constable also serve as a municipal court judge in the same county at the same time?
No, the AG concluded the two cannot be held at once. Texas Constitution article XVI, section 40 bars holding more than one civil office of emolument, and both a compensated municipal judge and a const…
Can the director and employees of the Arizona Game and Fish Department personally support or oppose a ballot measure or candidate, given that state law forbids them from 'using their office' to influence elections?
Yes, but only in their personal capacity. They cannot wear the uniform, display the badge, claim Department authority, or otherwise use the agency's name or imprimatur to influence votes. Strictly per…
Are mutual domestic water consumers associations (MDWCAs) in New Mexico exempt from paying property taxes on the land and infrastructure they own?
Yes. The AG concluded that MDWCAs are 'municipal corporations' under Article VIII, Section 3 of the New Mexico Constitution and are therefore exempt from property tax. This reverses a 1968 AG opinion …
What kind of entity are Arkansas's new used-tire programs and tire accountability boards, and do FOIA, procurement, and interlocal-agreement rules apply to them?
The four new Used Tire Programs and their tire accountability boards are political subdivisions for most legal purposes, and state agencies for procurement-law purposes. They have implied authority to…
How specific does a Delaware agency's affidavit have to be when defending a FOIA search, and is naming the statutory exemption in a denial letter enough?
The Department of Elections's FOIA-coordinator affidavit identified the people consulted (10 Board of Elections members, 6 county directors, the State Election Commissioner, and others), explained why…
Can someone become a South Carolina probate judge without a college degree or four years' experience in a probate office?
Yes. The 1988 amendment to S.C. Code § 14-23-1040 that added a four-year-degree or four-years'-experience requirement for probate judges was objected to by the U.S. Justice Department under the Voting…
Are Arkansas constitutional officers like the Governor, Auditor, and Treasurer subject to the state's general budgeting and procurement laws?
Constitutional offices (Governor, Lieutenant Governor, Auditor, Treasurer, Attorney General, Secretary of State, Land Commissioner) are generally not 'agencies' under Arkansas's General Accounting and…
Can third-party groups create their own voter registration form with electronic signatures, and submit them to Arkansas county clerks?
An electronic signature satisfies Amendment 51's signature requirement for Arkansas voter registration. But the registration form itself must be the official mail voter registration application form c…
Can a Mississippi waterfront homeowner build a living shoreline breakwater without leasing the underlying state tidelands?
Often yes, no lease needed. If a breakwater qualifies as an 'other structure' under § 49-15-9 (a littoral right), § 29-15-5(2) lets a residential property owner build it on tidelands without a Secreta…
Can a Mississippi community hospital lease a satellite facility to its own nonprofit subsidiary to qualify for 340B drug discounts?
Yes. A Mississippi community hospital board may lease one of its facilities to its wholly owned nonprofit subsidiary with the county owner's approval, and the public bidding process under § 41-13-15(7…
Can a Mississippi city refund a late fee on a utility bill if the city contributed to the billing dispute?
Yes, but only in narrow circumstances. If a billing dispute the city helped cause kept the customer from paying on time, the city may refund the late fee. The city cannot forgive lawful, undisputed de…
Can the public see the investigation report and termination paperwork for an Arkansas school superintendent who resigned during a misconduct investigation?
The investigation report, termination notice letter, resignation letter, and the superintendent's attorney letter are all properly disclosable under FOIA. The four-part test for evaluation records is …
When does a city prisoner become a county prisoner in Mississippi, and can a city-county jail contract specify the trigger?
There's no statute or case that flips a city prisoner to county custody at the bind-over stage. Cities and counties may negotiate the terms of a jail-housing contract under § 47-1-39, but the AG won't…
If old volunteer fire department board members and a bank refuse to release pension funds to a newly elected board, what legal remedies are available?
If a newly elected volunteer fire department board cannot access tax-funded bank accounts because previous board members refuse to relinquish control, three legal remedies may be available depending o…
Can a Kentucky riverport authority give public land to a company in exchange for job promises, with the land reverting if the jobs don't materialize?
Not on those terms. The Attorney General concluded that the Greenup-Boyd County Riverport Authority's proposed deal, conveying land to a private company whose only payment is a promise to create jobs …
Can a Mississippi county recover gas and wear-and-tear costs when a deputy uses an official vehicle for off-duty private security work?
Yes, by conditioning approval. Section 17-25-11 doesn't directly address expense recovery, but the statute requires the employing jurisdiction's approval before an officer can use an official vehicle …
Can a Mississippi county renew a 1989 community hospital lease without using the statutory bid process, and can it change how the hospital trust fund is spent?
Union County (with no board of trustees) may negotiate a lease renewal directly with Baptist Memorial under § 41-13-15(11). But the county cannot change the local and private legislation (1989 H.B. 14…
What standards does the Arkansas AG apply when reviewing a proposed initiated constitutional amendment, and why was the 2024 recreational marijuana ballot title rejected?
The AG rejected the proposed 'Arkansas Recreational Marijuana Amendment of 2024.' Defects included impermissible incorporation by reference of statutes (violating the full-text requirement), ambiguity…
Can a Mississippi sheriff's department contract with a private school to provide school resource officers for pay?
No. Section 21-19-49(2) authorizes contracted SRO arrangements only with public school districts, not private schools. A sheriff has a general duty to keep the peace countywide and cannot charge a pri…
Can a Mississippi city refund donations made for a specific project if the project changes substantially?
Yes. A Mississippi city may refund donations made for a restricted purpose if the donated funds cannot or will not be used for that specified purpose. Whether a project's changes are substantial enoug…
Can a Mississippi community college charge out-of-state students in-state tuition for its nursing program?
Only with a sponsor. Section 37-103-25(4) lets a community college board waive out-of-state tuition only if the policy fits the school's educational mission AND a local business, industry, or state ag…
Can a Mississippi county install culverts on private property used as a polling place?
No. Section 23-15-281(2) lets a county build, repair, and maintain polling places it owns, but only authorizes rental payments (not capital improvements) for private property used as a polling place.
In Arkansas, can a motor vehicle leasing company that is a subsidiary of an automaker lease vehicles directly to Arkansas consumers without going through a franchised dealer?
An Arkansas leasing company that is affiliated with an automaker can lease directly to Arkansas consumers only if it is genuinely independent of the manufacturer, not an officer, agent, or representat…
When the Arizona statute requiring fingerprint clearance cards for housing-license applicants uses words like 'partner,' 'president,' and 'manager' without defining them, can the Department of Public Safety and the Department of Housing use the definitions of those same terms found in other parts of the Arizona Revised Statutes?
Yes. The statute uses these terms in the context of business entities and Arizona has standard definitions for each role in its business-entity statutes. Standard rules of statutory construction (and …
Can South Carolina set up a state employee payroll deduction to pay for a workplace wellness program?
The Attorney General did not decide whether a wellness plan counts as the kind of 'insurance' the Comptroller General could deduct for under S.C. Code § 8-11-80; that call belongs to the Comptroller G…
Do South Carolina charter school board members have to be registered voters, or is living in the state enough?
Residency alone is likely not enough. The Attorney General concluded a court would probably find charter school board members are public officers, so under Article XVII, Section 1 of the South Carolin…
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