State AG Opinions
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Can the Delaware State Police refuse to release body camera and dash camera footage from a 2023 incident under FOIA?
Yes. The body camera, dash camera, and helicopter footage of a January 2023 police incident, plus the radio communications between the officer and dispatch, fall within FOIA's investigatory files…
Can DelDOT charge me hundreds of dollars in staff time to gather right-of-way acquisition spreadsheets, and can it bill me for someone to sit and watch me review the files in person?
Yes, with limits. DelDOT can charge for staff time to identify and compile non-centralized records, and can charge one hour to monitor an in-person file review at the lowest applicable pay rate.…
Can central Arkansas cities, Pulaski County, and area water utilities renew their joint GIS interlocal agreement under Arkansas's Interlocal Cooperation Act?
Yes. The Attorney General approved the Sixth Restatement and Amendment of the Pulaski Area Geographic Information System interlocal agreement, finding that it satisfies the Interlocal Cooperation…
Can a Mississippi city use automatic license plate readers to issue insurance violation tickets, working with a private vendor and the state's MVIVS database?
Limited yes. § 17-25-19 bans ALPRs paired with traffic signals or radar for traffic enforcement. ALPRs not so paired can be used for criminal enforcement. MVIVS data goes to authorized entities only…
Can the Mississippi Insurance Commissioner require auto insurers to send driver coverage data daily, and can a state agency share that data with a third-party vendor?
Only DPS, not the Insurance Commissioner, can require insurers to provide motor vehicle policy data, and the cap is once every 30 days. Third-party vendors can receive MVIVS data only if DPS…
Why did the Arkansas AG reject Craighead and Poinsett counties' renewed interlocal library agreement, and what has to change for it to be approved?
Disapproved. The proposed interlocal agreement for Crowley's Ridge regional library services failed to name an administrator or joint board, omitted the legal status and powers of the regional…
Can the Kentucky Governor use a line-item veto on a tax bill, or only on appropriation bills?
The Attorney General concluded that Governor Beshear's two line-item vetoes of 2024 House Bill 8 were invalid because the line-item veto power in Section 88 of the Kentucky Constitution reaches only…
Did Louisiana's attorney general approve the Absentee Certificate Instructions form for distribution?
Yes, after one spelling correction. The attorney general found the submitted Absentee Certificate Instructions compliant with Louisiana law and approved printing and distribution once 'example' was…
Can a Mississippi city return donated land to the donor for free if the city decides the donation was a mistake?
Generally no, unless the deed contained a reverter clause. Alternative paths: reform the deed for a scrivener's error, or transfer as surplus property if the donor qualifies as a tax-exempt…
Can a Texas legislator obtain confidential Ethics Commission sworn-complaint files using the Public Information Act's legislative-access provision?
No, the AG concluded the Ethics Commission may not. Government Code section 552.008 gives an individual legislator a special right to obtain governmental information, including some confidential…
Under Arkansas FOIA, what can a sheriff's office redact from a deputy's personnel file in response to a public records request?
Personal contact info, SSN, employee number, marital status, and dependent information were properly redacted. Emergency contact information, FMLA change-of-status dates, and beneficiary…
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…
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 govern the State Board’s earlier assumption of authority over Pine Bluff. The AG said the law and supplied facts did not let him decide whether the State Board could approve…
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?
The AG found Act 757 consistent with federal law. State Police may not consider a person's qualifying-patient or caregiver status in the specified concealed-carry eligibility decision, but must…
Can a Louisiana police officer use in-car video to issue a traffic ticket at the scene or mail one later?
An officer may use video equipment in a law enforcement vehicle to issue a citation at the time of an offense. The attorney general said the same statute does not allow officers to record a…
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…
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…
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…
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…
Can someone withdraw a Maryland police misconduct complaint and stop the investigation?
A complainant may ask to withdraw, but that does not end the process. For misconduct involving a member of the public, the agency must investigate and send the matter to the civilian Administrative…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
Can a Delaware town council just hold a closed-door 'executive meeting' to talk about draft ordinances?
No. Leipsic failed to justify holding its March 26, 2024 ordinance and charter discussion in executive session. It also failed to take the required public vote before entering executive session;…
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…
Can my nonprofit use an online raffle platform like a 50/50 sports raffle? And can a paid staff member run the raffle?
Yes, with conditions. A qualified organization may use a third-party platform for ticket orders, payments, and drawing tools while the organization controls the raffle. A salaried member may conduct…
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 provides inmate meals, medical care, and bedding. The county commissioners must establish, inspect, and fund specified jail needs. The excise…
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…
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…
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?
For covered gift cards and credits, the federal CARD Act’s five-year minimum displaces Arkansas’s two-year minimum. A member credit outside the Act’s definitions or within one of its five exclusions…
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…
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…
After the LEARNS Act repealed the Teacher Fair Dismissal Act, can Little Rock teachers still get a hearing when their contracts are not renewed?
The LEARNS Act removed the former statutory notice and hearing rights for nonrenewal. The AG says a nonrenewal is almost certainly a grievance under the surviving grievance law, so an employee who…
Did Missouri’s AG endorsement follow from approving the 2024 tobacco-tax initiative summary?
No. The AG approved the legal content and form of a proposed summary statement describing an initiative to tax cigarettes for a childhood-cancer fund. The letter expressly said that this mandatory…
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…
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,…
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.…
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…
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 compensation.
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…
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…
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 offices cannot be held at once. If the municipal judgeship is paid, Texas Constitution article XVI, section 40 bars the dual service; common-law incompatibility also…
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…
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…
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…
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…
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…
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…
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…
Can a Mississippi waterfront homeowner build a living shoreline breakwater without leasing the underlying state tidelands?
A residential owner needs no tidelands lease if the breakwater qualifies as an 'other structure' under § 49-15-9 and thus falls within the owner's littoral rights. The opinion does not decide…
Did Missouri’s AG approval of the 2024 tobacco-tax petition fiscal summary confirm its dollar estimates?
No. The AG approved the legal content and form of the submitted fiscal-note summary for a proposed tobacco-tax initiative, but expressly said the review did not examine whether the estimated fiscal…
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 §…
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…
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