State AG Opinions
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Who pays for mental health treatment between civil commitment order and admission to a Mississippi state hospital?
The committed person's county of residence is responsible for treatment costs before admission to a Mississippi state-operated facility, beyond the court-proceeding costs capped at $400 by Section…
After the 2024 amendment to Mississippi's voter ID law, can a voter use an expired driver's license to vote?
After the 2024 amendment to Section 23-15-563, a Mississippi driver's license used to vote must be 'valid' but not necessarily 'current.' 'Valid' means an official government document that…
Does California law require every member of a municipal utility district's security force to be a sworn peace officer with POST training?
No. Public Utilities Code section 12820 imposes peace-officer status and POST training only on those security force members the general manager designates as 'security officers' whose primary duty…
In Kentucky, who decides whether a procedure like the Durysta eye implant is within an optometrist's scope of practice?
The Attorney General concluded that the Kentucky Board of Optometric Examiners (KBOE) has the sole statutory authority to determine what constitutes the practice of optometry, so an insurer or…
If a Wilmington community event organizer tells a newspaper he is talking to attorneys about possibly suing the City, can the City use that to deny a journalist's FOIA request about the event?
No. Spotlight Delaware reporter Brianna Hill asked Wilmington for emails about the August 23, 2024 Positive Vibes in the Park: Justice For All event, which moved venues. The City asserted the…
Did the Arkansas AG approve Little Rock's interlocal agreement to join the Law Enforcement Information Exchange (LInX)?
No. AG Tim Griffin declined to approve the agreement because it did not specify how to establish and maintain a budget for the joint undertaking, as A.C.A. § 25-20-104(c)(4) requires. Without that…
Is a Kentucky Commonwealth detective a 'state officer' who can't also hold a city or county office?
No. The Attorney General concluded that a Commonwealth detective appointed under KRS 69.110 is a state employee, not a state officer, so the rule in Section 165 of the Kentucky Constitution and KRS…
If a Delaware town's old security-camera server lost video footage I asked for, do I have any FOIA recourse, and can the AG investigate the underlying incident?
The Town of Camden did not violate FOIA. The Town produced the requested August 5, 2024 Council meeting audio/video on a thumb drive, and the Town Manager's sworn affidavit confirmed that the…
Do you pay the Infrastructure Maintenance Fee or sales tax when you buy a trailer in South Carolina?
It depends on whether the trailer must be registered with the DMV. The AG agreed that 'for hire' means hauling someone else's property for pay, not just any business use, so a privately owned…
Can a sitting North Dakota district court judge collect NDPERS main-plan retirement benefits while still serving on the bench?
No. A sitting North Dakota district court judge cannot collect from the NDPERS main plan because there is no dual-coverage exemption for judges. The main plan and the judges plan are funded by the…
Can the Arkansas AG review a FOIA decision to release a job application from someone who was never hired?
No. AG Tim Griffin's review power under A.C.A. § 25-19-105(c)(3)(B)(i) is limited to personnel records and employee-evaluation or job-performance records. Application materials of someone who was…
Are informal 'office hours' held by elected village officers a public meeting under Delaware FOIA?
No. The AG ruled the four officers of the Village of Arden's Town Assembly (Chair, Secretary, Treasurer, and Advisory Chair) are not a separate 'public body' under FOIA. Their monthly office hours…
Are National Guard Active Guard Reserve members 'active members of the U.S. Armed Forces' for Mississippi school-choice purposes?
Yes. Members of the National Guard Active Guard Reserve qualify as 'active members of the United States Armed Forces' under Section 37-15-29(5)(a). Their children may enroll in any Mississippi…
Can the Mississippi Department of Agriculture accept donated land from a county economic development authority for grading and inspection facilities?
Yes. Section 69-7-115 allows the Mississippi Department of Agriculture and Commerce to acquire land by donation, purchase, lease, or condemnation in the State's name, subject to Department of…
Did Louisiana's Attorney General approve the 2024 proposed amendment statements as submitted?
Only after edits. The Attorney General required revisions to proposed constitutional amendment questions 1 and 3 so they better reflected Acts 405 and 407 of 2024, then approved the statements for…
Can a Texas public board use boilerplate agenda language to slip into a closed session, and can it meet privately to discuss hiring a law firm?
Two answers. First, no: generic boilerplate on every agenda saying the board 'reserves the right' to go into executive session is not enough notice, by itself, to alert the public that a particular…
Should a sheriff's office release the disciplinary file and resignation letter of a deputy who resigned in lieu of termination?
The AG found the sheriff's withholding decision inconsistent with FOIA on the facts presented. He treated the forced resignation as a constructive termination, inferred finality if no appeal was…
Can one Louisiana fire protection district use its tax-funded firefighters and equipment to operate another district's station?
The attorney general said a district could temporarily lend personnel and equipment to another district under the prescribed rules, but could not effectively operate that district with resources…
Can one person serve on the boards of two overlapping local government entities, like a county hospital district and a regional transit authority, at the same time?
Probably not, when the two entities overlap geographically and their powers collide. The AG concluded that a court would likely find the common-law 'conflicting-loyalties' doctrine bars one person…
Must Delaware's Governor's Office seek records from a previous administration when answering a FOIA request?
No. The AG held that the Governor's Office did not violate FOIA by failing to seek the requested records from a prior administration under § 10003(j)(1). The opinion did not decide what the office…
Can the Arkansas Crime Victims Reparations Board pay benefits to a claimant who has a prior felony conviction for criminally injurious conduct?
No. AG Tim Griffin read A.C.A. § 16-90-712(a)(5) and (a)(6) as two separate prohibitions: subsection (a)(5) categorically bars reparations to anyone with a felony conviction involving criminally…
Who holds the twelfth seat on Louisiana's firefighters' retirement board after two conflicting 2024 acts?
The Attorney General concluded that Act 672 of 2024 controls: the twelfth trustee should be a member of the Louisiana Fire Chiefs Association, rather than the retiree specified in Act 537. Both acts…
Does Oklahoma's 2020 nursing law (SB 801) and the Governor's federal Medicare opt-out letter let certified registered nurse anesthetists (CRNAs) practice independently of physicians?
No. Senate Bill 801 replaced physician supervision with collaboration, but a CRNA still needs an agreement with a licensed physician, dentist, or podiatrist involved in the procedure. The…
Can a Louisiana town's contract attorney also serve as a part-time assistant district attorney?
Yes, under the dual officeholding law the Attorney General considered. A lawyer serving Lockport through an employment contract could also serve as a part-time assistant district attorney for the…
Were Louisiana's early voting and Election Day voters' rights posters approved for distribution?
Yes. The Louisiana Attorney General reviewed both the early voting and Election Day versions of the Voters' Bill of Rights and Voting Information posters, found them compliant with state law, and…
Was Louisiana's election expense manual for registrars of voters approved by the Attorney General?
Yes. The Louisiana Attorney General reviewed the Election Expense Manual used by registrars of voters, found it compliant with state law, and approved it for printing and distribution. The opinion…
Did Louisiana's Attorney General approve the election expense manual for clerks and parish election boards?
Approval was conditional. The Attorney General found that the election expense manual for clerks of court and parish election boards would comply with Louisiana law after correcting a misspelling of…
What change did Louisiana's Attorney General require in parish election supervisor training?
The Attorney General said the parish election supervisors' training presentation would comply with Louisiana law after slide 32 was updated. Its quoted text about challenges had not been revised to…
Can someone living in an excluded part of St. Landry Parish serve on its levee district board?
No. The Attorney General concluded that a person living in the St. Landry Parish area expressly excluded from the Red River, Atchafalaya and Bayou Boeuf Levee District does not meet the district…
In a Lawrason Act town, can the board of aldermen tell the elected chief of police where to park patrol cars after shifts, and can they impose line-item limits on the police budget?
No, and no. The elected chief of police controls department property, including where patrol vehicles get parked at the end of a shift. The board of aldermen cannot impose line-item restrictions on…
Did Connecticut’s 2024 budget bill have to follow the two § 2-35 committee procedures the Republican leaders identified?
No. The AG concluded that the supermajority enactment of HB 5523 superseded the two conflicting § 2-35 procedures at issue. He found neither was constitutionally required or part of the State’s…
Does the Wilmington Housing Authority have to produce a tenant resident council's records under FOIA?
Mostly no, except for what WHA actually held. The AG ruled the Wilmington Housing Authority met FOIA by producing the Compton Towers Resident Council bylaws and election procedures it possessed; the…
Who enforces the rules when a South Carolina rural telephone cooperative ignores its own bylaws?
The AG concluded that bylaw and corporate-formality problems at a rural telephone cooperative generally fall outside the Public Service Commission and Office of Regulatory Staff, whose authority…
Can a combined local board of health (Wetzel-Tyler) buy land and build a new health-department facility, or does the county commission have to own the property?
The local board of health may itself acquire and hold real property and construct a new facility, so a county commission does not have to own it. If the Wetzel and Tyler County Commissions choose to…
Can a West Virginia county pay EMS salary-supplementation funds to part-time and temporary EMTs, and to EMTs who already get a supplement from a different county?
Yes to both. The Emergency Medical Services Salary Enhancement Fund (W. Va. Code § 16-4C-25) and its 2024 legislative rules apply to any certified EMT or paramedic who answers at least ten 911 calls…
Where can an Arkansan stand their ground without retreating before using force in self-defense?
Anywhere you are lawfully present. The 2024 AG opinion explains that the Stand-Your-Ground Act applies wherever a self-defender is legally allowed to be, with one exception: a person committing the…
If an Arizona voter submits a state voter registration form without proof of citizenship, should the county recorder query the MVD database before rejecting it?
Yes. The Attorney General concluded that a county recorder who receives a state-form voter registration without documentary proof of citizenship (DPOC) should run a HAVA check against the MVD…
How must the SC High School League apply the new 2024-25 budget provisos on appeals, forfeit fines, and private-school enrollment?
The AG concluded that under Proviso 1.49, an appeal stays all sanctions pending the outcome, even minimum sanctions, because the language draws no distinction. For forfeited-game fines, the League…
Did the Arkansas AG certify the ballot title for the 'Arkansas Educational Rights Amendment of 2026'?
Yes. AG Tim Griffin certified the popular name 'The Arkansas Educational Rights Amendment of 2026' as submitted and substituted and certified the ballot title with two formatting changes. He…
Can a state-chartered credit union in Oklahoma get the federal 'low-income credit union' designation, or is that reserved for federal credit unions?
Yes. A federally insured Oklahoma-chartered credit union can qualify if it meets NCUA's criteria. Oklahoma's parity provision allows it to exercise federal credit-union powers unless state law…
Must a Louisiana village animal shelter follow state shelter standards, and can the village move it without police approval?
The attorney general said the Village of Elizabeth's shelter was not subject to the parish shelter standards statute unless Allen Parish had adopted a standards ordinance; animal-cruelty protections…
Can a Mississippi county dispose of a public park, give credit for past church donations, or contract with a church to operate it?
A Mississippi county may sell, lease, or convey a public park if its board finds the park is no longer used for county purposes and follows Section 19-7-3's bid process. The county may also contract…
If a Delaware county tells me there are no records responsive to my FOIA request, can I push back, and what does the county have to prove?
New Castle County did not violate FOIA. The County's FOIA Coordinator searched the Department of Land Use's electronic complaint repository and the permit files, found no responsive written…
Can a Delaware parent in an Office of Civil Rights complaint use FOIA to get records about the teacher and school?
No. The AG ruled Caesar Rodney School District properly withheld training and personnel records under FOIA's pending-litigation exemption, because the parent's complaint to the U.S. Department of…
When a North Dakota school board calls an emergency meeting on short notice and goes into executive session, what notice does it have to give the public?
The Apple Creek School Board called an emergency meeting on a few hours' notice with a vague website announcement, then held two executive sessions and discussed unrelated topics. The AG concluded…
If a re-elected Mississippi alderman was never sworn in for the new term, are the votes still valid?
Assuming the city's special charter is silent, the alderman is a de facto officer at minimum, and Section 25-1-37 makes the official acts of de facto officers valid and binding. Mississippi law…
Can a Mississippi city repair a drainage ditch on private property to fix flooding and erosion?
Yes. Section 21-19-13(2) authorizes a Mississippi municipality to provide labor, materials, and supplies to clean drainage ditches and prevent erosion on public or private property, after the city…
Can Kentucky Fish and Wildlife euthanize a seized animal before a trial, or destroy a wild animal that bit someone to test it for rabies?
Two answers. The Attorney General concluded that the Department of Fish and Wildlife Resources generally may not euthanize an animal it has seized as criminal evidence until after a conviction and a…
Can an Arizona candidate or officeholder use political funds to pay for childcare or other dependent care?
A candidate can. The Attorney General concluded that A.R.S. § 16-901(25)'s definition of expenditure (anything spent 'for the purpose of influencing an election') covers dependent care when the care…
What problems did the Idaho AG flag with the proposed reproductive-freedom-until-24-weeks ballot initiative?
Four. 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)…
What problems did the Idaho AG flag with the proposed reproductive-freedom-until-20-weeks ballot initiative?
Four. The Certificate of Review found the initiative (1) talked about 'privacy' without actually defining or restricting decisions about privacy, (2) tried to bind future legislatures by ordinary…
Are hemp-derived THC drinks legal to sell in South Carolina?
Yes, as a matter of statute. The 2018 federal Farm Bill and South Carolina's 2019 Hemp Farming Act make non-alcoholic beverages legal if their delta-9 THC concentration is 0.3% or less on a dry…
Can a member of an Arkansas nonprofit corporation give a proxy that directs how their vote should be cast on specific issues?
Yes by default. The 2024 AG opinion concluded that A.C.A. § 4-33-724 allows a nonprofit member to appoint a proxy with express limitations on the proxy's voting authority, which is what a 'directed…
Can you drive a UTV (utility task vehicle) on public roads in South Carolina?
Not as the law stood in 2024, in most cases. The Attorney General would not rule on the specific person's situation because that turns on facts, but it explained that SCDMV may refuse to register or…
How is the 50% farm-income rule for South Carolina's Working Farmland Protection Fund measured?
Across all the owner's farmland, not parcel by parcel. The Attorney General read § 48-59-150(B) so that a landowner meets the requirement to derive at least fifty percent of his income from farming…
Must a North Dakota ambulance district identify a board member’s unrecorded source of information in response to a records request?
The Stanley Rural Ambulance District turned over a screenshot and a link, then repeatedly told Adam Buss there were no other responsive records. The AG concluded that's compliance with open records…
Can a North Dakota public body call a special meeting on five minutes' notice and still comply with open meetings law?
Yes. The Stanley Rural Ambulance District announced a special meeting only five minutes before it started, but it met the notice requirements because the public and the local newspaper were notified…
Is a North Dakota critical access hospital that gets some public funding (mill levy money, city sales tax) subject to the open records law?
Yes, but only as to records related to its use of public funds and its government-agency activities. Southwest Healthcare Services received mill levy money, applied for City of Bowman healthcare…
Are sign-in sheets for a Louisiana State Library workshop exempt from public records disclosure?
No. The Attorney General concluded that class rosters and sign-in sheets for a State Library summer reading workshop for librarians are outside the library registration and use-record exemption in…
Are hemp beverages legal to sell in Mississippi, and do they have to be under 0.3% THC?
Hemp beverages sit in a legal gray zone. Section 97-31-5 makes it unlawful to sell any drug, elixir, or compound that produces intoxication when drunk to excess unless state law specifically…
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