State AG Opinions
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Can the SC Ports Authority sell land held under a deed saying 'for exclusively public purposes'?
Yes, in the office's view. The Attorney General concluded that the phrase 'for exclusively public purposes' in the 1957 deed conveying Charleston waterfront land to the State was ambiguous and, on…
Can a religious-affiliated organization be denied public funding just for being religious?
No. The Attorney General concluded that the Free Exercise Clause of the U.S. Constitution prevents a government from denying a religiously affiliated institution generally available public funding…
Should ordinary traffic citations issued to Louisiana 17-year-olds be filed in juvenile court?
Yes for traffic offenses within the Children’s Code definition examined. The attorney general said citations to 17-year-olds for those violations belonged in juvenile court. The opinion listed more…
Can a Mississippi county require a Property Indexing Number (PIN) on deeds filed with the chancery clerk?
Yes. Mississippi's county home-rule statute (Section 19-3-40) lets a board of supervisors enact an ordinance requiring landowners to add a Property Indexing Number (PIN) to deed indexing…
Can a Mississippi county sheriff use Inmate Canteen Fund money to buy prisoner uniforms and mattresses?
Yes. The sheriff may use Inmate Canteen Fund money to buy uniforms and mattresses for inmates. Section 19-3-81 lets the sheriff spend the fund on equipment and supplies for inmates' benefit,…
Can a Mississippi school district give a teacher back pay if a prior district reported the wrong number of days worked?
Yes, but only if the district's board formally finds, on the minutes, that the underpayment was an administrative error. Section 96 of the Mississippi Constitution forbids retroactive raises to…
Can a Mississippi city give money to a private citizen to buy playground equipment for a city park?
No. A Mississippi city cannot give a private citizen funds to purchase playground equipment, even for a park on city property. The city itself must make the purchase.
Do voters in Arkansas city-manager cities still have to approve compensation for the board of directors before the board can set its own salaries?
Yes. The two Arkansas statutes can be read in harmony. Section 14-61-110 (1989) requires voter authorization before city directors and mayors can be paid. Section 14-47-114(a) (1991) lets the board…
Does a Mississippi school district have to compile a list of statistical information that doesn't already exist when someone requests it under public records law?
No. Mississippi public bodies are required to make existing records available for inspection under the Public Records Act of 1983, but they are not required to create new records (like compiling…
Does a Mississippi resident's pre-annexation time count toward the 2-year residency requirement to run for municipal office?
Yes for both. Continuous, uninterrupted residency in territory annexed into a city counts toward the 2-year residency requirement for municipal office. The same applies when ward lines change…
How does the Arkansas AG decide whether a school district properly released personnel records under FOIA when the requester challenges the redactions?
The Attorney General cannot review whether a custodian's release was consistent with FOIA when the requester provides no copies of the released records. Without records, the AG can only state the…
Can a St. Mary Parish council member work full-time as a doctor for the parish hospital district?
Yes under the dual-officeholding law examined. The attorney general said the council seat was elective office and the physician job was employment in a separate hospital service district, so the…
Can a Delaware village hold a 'briefing' or 'informational session' the night before a public vote without giving FOIA notice, or does that count as an open meeting?
The Village of Arden violated FOIA by failing to prove that its June 23, 2024 informational session about the Schroeder Trust was not subject to open-meeting rules. Delaware courts have long held…
Did Louisiana's Attorney General approve a proposed constitutional amendment statement for printing?
Yes. After the Secretary of State requested expedited review, the Attorney General found the submitted Statement of a Proposed Constitutional Amendment compliant with Louisiana law and approved its…
Can a full-time St. Bernard Parish fire employee also work part-time for the parish coroner?
Yes under the dual-officeholding law examined. The attorney general said full-time parish fire-department employment could be combined with a part-time, as-needed coroner investigator appointment…
If a city council member, school board trustee, or county supervisor has a disability that prevents them from attending in person, does the ADA require their board to let them participate remotely from home, even though the Brown Act normally requires meetings in person?
Yes. The ADA generally requires a local agency to allow remote participation as a reasonable accommodation for a board member with a qualifying disability that precludes in-person attendance. The…
Does California's AB 1305 carbon-offset disclosure law cover renewable energy certificates (RECs) that businesses buy on the voluntary market?
No. RECs do not claim to reduce or prevent greenhouse gas emissions, so they fall outside AB 1305's definition of a 'voluntary carbon offset.' The opinion addresses whether the REC itself is a…
Did Louisiana's 2024 judicial stipend law allow a salary increase for sheriffs?
Yes. The Attorney General concluded that Act 775 of 2024 permits a sheriff salary increase under R.S. 13:5636, tied to the district judge stipend, for sheriffs who satisfy that statute's training…
When a Kansas county adds new commissioner seats, do the old 25-day nomination deadlines apply even if the new seats are filled at the regular general election?
No. The Attorney General concluded that the expedited 25-day party-convention and independent-petition process in the former K.S.A. 19-203a(b) and (c) applied only when a new county commissioner…
Does a Tennessee nonprofit (including a church) that runs a retreat center, hotel, or guest house with food and lodging have to collect and remit sales tax and local occupancy tax from its guests?
Yes. The 501(c)(3) tax exemption only excuses a nonprofit from paying sales tax on its own purchases. When the nonprofit sells lodging, food, or beverages to guests, it must collect and remit…
Does an Arkansas sheriff's office have to keep evidence collected during a felony investigation even if it has no evidentiary value, or can a court order it released early?
Yes, the sheriff has to hold those items for the full statutory period. Section 13-4-409 sets minimum retention periods based on the type of crime: 2 years after final judgment for general felonies…
Do part-time police officers in Arkansas cities get the 15-day annual vacation that the statute requires for police department employees?
Yes. Section 14-52-106(a)(1) requires the head of each police department to grant 'each employee' at least 15 working days of annual vacation with full pay. The statute does not say full-time only.…
Can Lake Charles City Court hear the city's nuisance-abatement and property-standards cases?
Yes. The attorney general said the city court could hear enforcement matters under Lake Charles's nuisance and property standards ordinances. Those cases sought abatement and did not decide title to…
Did the Arkansas AG approve the popular name and ballot title for a constitutional amendment to make government transparency a citizen's right?
The AG substituted and certified a popular name and ballot title for a proposed government-transparency amendment. The certified title says conflicting constitutional provisions, statutes, and…
Did the Arkansas AG approve a ballot measure to exempt feminine hygiene products and diapers from state sales and use tax?
The AG certified the proposed popular name and a substituted ballot title for a tax exemption on feminine hygiene products and diapers. He identified wording, grammar, and numbering issues in the…
Can an Arkansas school district stop a student athlete from playing varsity sports just because the student transferred between schools within the same district?
No. Act 768 of 2023 applies equally to interdistrict and intradistrict transfers. The statute protects students 'who transfer[] to another public school or a nonresident school district.' Reading…
Can a city council get legal advice outside a public meeting and bind future councils to a city attorney's term?
On the open-meetings question, yes; on binding future councils, no. The Attorney General concluded the Freedom of Information Act does not restrict a city council or its members to requesting legal…
Can a Tennessee city like Memphis ban its police officers from making traffic stops for minor equipment violations when they suspect a driver of a more serious crime?
No. Tennessee law (§ 7-63-301) bars any local policy that limits an officer's ability to make a traffic stop based on observed or reasonably suspected violations of state or local law, so the…
Can a DeSoto Parish police juror serve on a fire district board if the Village of Stanley appointed them?
Yes under the dual-officeholding law examined. The attorney general said an elected police juror could hold the separate part-time fire district board office, and the appointment conflict rule did…
Which Louisiana parish pays coroner fees when someone dies after moving, and how long must a person live somewhere to change domicile?
There is no minimum residence period. The attorney general said domicile depends on living in a place with intent to make it home. For a natural-cause death, the domiciliary parish or municipality…
Can a special-purpose district's executive director also serve as a soil and water conservation commissioner in South Carolina?
Yes. The Attorney General concluded that serving at the same time as Executive Director of the Chester Metropolitan District and as a commissioner of the Chester Soil and Water Conservation District…
Can a South Carolina county use a special tax district to pay for private road maintenance?
It can set up the district, but not to pay for private roads. The Attorney General concluded that a county may create a special tax district to fund road construction and maintenance if it follows…
Can a school board close a school by quietly defunding it in the budget?
Maybe not without proper notice. The Attorney General agreed a board of education has authority to close and consolidate schools, but flagged a real FOIA problem with how the Berkeley County board…
Can a North Dakota city commission go into executive session for attorney consultation when the meeting notice didn't mention an executive session, and discuss general updates rather than just legal advice?
No to both. The Tioga City Commission's July 18, 2022 meeting notice violated open meetings law because it didn't mention any anticipated executive session even though the city attorney and auditor…
Can an Oklahoma city pay a nonprofit to help renters avoid eviction without violating the Oklahoma Constitution's public-purpose rule?
Yes. A city council can decide that eviction prevention services serve a public purpose because evictions are tied to homelessness, housing instability, and the cost of public services like…
Can a Delaware game warden's body-camera footage from a citation incident be released through FOIA, or is it exempt as an investigatory file?
DNREC did not violate FOIA. A Fish and Wildlife officer who issues a citation is a law enforcement officer with police powers, and body-camera and radio recordings of that incident are investigatory…
Can an Arkansas county sue a federally recognized tribe (or a tribal-owned LLC) to enforce a contract if the contract does not include a waiver of tribal sovereign immunity?
Maybe. Indian tribes (and tribal entities that act as 'arms of the tribe,' including some tribally-owned LLCs) enjoy sovereign immunity from suit unless Congress has expressly abrogated immunity or…
Can a Kentucky city or tax commission publish a list of businesses that are behind on occupational taxes, including how much they owe?
Partly. The Attorney General concluded that KRS 424.330 and KRS 424.130, the statutes about publishing delinquent taxes, do not cover occupational taxes; they apply to city ad valorem property…
When Arizona counties pass rules for short-term rentals like Airbnb properties (occupancy limits, smoke detector requirements, neighbor notification), do those rules also have to apply to ordinary single-family homes, or are they allowed to apply only to vacation rentals?
They can apply only to vacation rentals if they are public health and safety rules. The state law that says vacation-rental zoning ordinances must apply equally to all class three and four property…
Can a Louisiana school require teachers to report suspected employee child abuse only through supervisors?
No. The Attorney General concluded that a school board policy routing suspected abuse by employees through supervisors and the superintendent conflicts with teachers' direct reporting duties.…
Can a Ville Platte alderman keep a full-time parish job while directing the city housing authority?
The attorney general allowed the three roles together only if the housing-authority director position was part-time. It said a full-time director appointment was prohibited by the dual-officeholding…
Can Mississippi charter schools operate as hybrid in-person/online or as virtual-only schools?
Hybrid charter schools (in-person plus virtual) are expressly authorized in § 37-28-43(6) with Authorizer Board approval. Virtual-only charter schools are not prohibited but require the Authorizer…
Can a Louisiana registrar employee witness more than one absentee ballot when voters come in to cure a defect?
Yes. The attorney general approved DeSoto Parish's procedure for staff to witness a voter's in-person absentee-ballot cure, even if the employee witnesses multiple cures. The one-ballot witness…
Can the remaining recreation-district tax money pay for work at a Livingston park after the district split?
Potentially, if the particular project fits the original tax proposition and the recreation-district statutes. The attorney general said Circle Drive Park's lack of a park label in its property…
Is a biological half-sibling a 'family member' under Tennessee's Alcoholic Beverage Commission conflict-of-interest rule, even if one of them was adopted out by different parents?
Yes. Half-siblings are family members under § 57-1-108. The statute's list of relatives uses 'including,' which Tennessee courts treat as illustrative rather than exclusive. Nephews and nieces are…
If an organization's salaried employee collects ballot-petition signatures as part of their job, does Arkansas law treat them as a 'paid canvasser' subject to the registration and background-check rules?
Yes. An employee who solicits petition signatures as part of their job duties is paid 'in exchange for' soliciting signatures, even if their salary stays the same regardless. They are a 'paid…
Can an Arkansas city require local candidates to file an extra campaign-finance report before early voting starts, on top of the state-required reports?
Yes. The proposed Bella Vista ordinance, which requires municipal candidates to file a Campaign Contribution and Expense report at least seven days before early voting begins (in addition to…
How is the frozen school tax ceiling for elderly or disabled Texas homeowners figured when the newer tax-compression rules seem to clash with the old two-year rule?
The newer rules win. The AG concluded that for the tax years they cover, the compression adjustment provisions in Tax Code subsections 11.26(a-5) through (a-9) control the calculation of the…
Can a licensed Texas medical cannabis dispensary move its low-THC inventory between its approved locations before any patient prescription is filled?
Yes, nothing prohibits it. The AG concluded that neither the Texas Compassionate-Use Act nor its associated regulations bar a licensed dispensing organization from transporting its low-THC cannabis…
Can an Arizona school district that earns money from leasing its land use the proceeds for day-to-day expenses like teacher salaries, or is it limited to capital projects?
It depends on how much bond debt the district carries. Common and high school districts at or below 7% bonded indebtedness (or unified districts at or below 14%) can use lease proceeds for…
Does working at Wichita State University qualify an employee for Kansas's aviation and aerospace tax credit?
No. The Attorney General concluded that Wichita State University does not meet the definition of a "qualified employer" under K.S.A. 79-32,290(g) for purposes of the Kansas Aviation/Aerospace Tax…
Can a Virginia city require its employees and elected officials to resign before running for office or seeking city employment?
No. Under Virginia's Dillon Rule, a locality may impose restrictions on who holds elective office only if the General Assembly first authorizes it. Article II, § 5 of the Virginia Constitution sets…
Did Missouri AG Opinion 20-2024 approve the fiscal note summary for Senate Joint Resolution 78?
Yes. The AG approved the legal content and form of the summary stating that state and local entities estimated no costs or savings. The review did not assess the estimate's fairness or sufficiency.
Did Missouri AG Opinion 19-2024 approve the fiscal note summary for Senate Joint Resolution 71?
Yes. The AG approved the legal content and form of the summary stating that state and local entities estimated an unknown fiscal impact. The review did not assess the estimate's fairness or sufficiency.
Can my former law-enforcement employer release my personnel file, internal-affairs investigation, and discipline records under FOIA over my objection?
Mostly yes. Administrative records like hire date, transfers, payroll forms, and acknowledgments are releasable as personnel records, with standard redactions for SSN, DOB, contact info, and the…
Can someone who signed an Arkansas initiative petition take their signature back later?
The AG says a signer likely has a common-law right to withdraw before a statewide initiative petition is filed, or before an applicable filing period expires. He found no clear Arkansas procedure…
Did the Missouri AG approve the ballot language for the 2024 proposal on citizenship, single votes, and ranked-choice voting?
Yes. The AG approved the legal content and form of the proposed fair ballot language for Senate Joint Resolution 78, while expressly stating that the required review was not an endorsement of the measure.
Did the Missouri AG approve ballot language for a constitutional amendment imposing costs and fees for sheriff and prosecutor benefits?
Yes. The AG approved the legal content and form of the proposed fair ballot language for Senate Joint Resolution 71, without endorsing the amendment or its sponsors' objectives.
When can an Arizona physician perform an abortion under the 'medical emergency' exception, and how close to death does the patient have to be before doctors can act without risking criminal prosecution?
The treating physician decides, using personal good-faith clinical judgment. The patient does not have to be at death's door. If the doctor honestly concludes that an abortion is needed to avert…
Does terminating and rehiring a Mississippi firefighter restart the 2,800-compensated-hour clock for certification?
No. The 2,800 compensated hours under § 45-11-203(1) are cumulative across all employment, including across different fire departments. Once exceeded without certification or extension, the…
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