State AG Opinions
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Why did the Arkansas Attorney General reject the first version of the proposed amendment that would have repealed the Pope County casino license and required local voter approval for new casinos?
The AG rejected the submitted popular name and ballot title because the proposed amendment incorporated special-election statutes by citation, leaving their content out of the full text and title.…
Can a Texas deputy sheriff run a fixed weigh station that directs every commercial truck off the highway to be weighed?
Likely not, at least not for an Aransas County deputy under the scenario described. Transportation Code section 621.402 lets a 'weight enforcement officer' (which includes a deputy sheriff) weigh a…
Can Kansas ban a campaign yard sign on private property near a polling place on election day?
Yes, most likely. The Attorney General concluded that K.S.A. 25-2430's ban on electioneering within 250 feet of a polling place entrance on election day is facially constitutional even as applied to…
Can a Kansas county raise its hotel tax rate above the state cap using its home-rule power?
Yes, mostly. The Attorney General concluded that because the Transient Guest Tax Act does not apply uniformly to all counties (it blocks a county from taxing if a city within it already has),…
Can I visit, maintain, or be buried in a family cemetery on someone else's property in Virginia?
Descendants in Virginia have a statutory right under § 57-27.1 to enter private property by foot to visit and maintain a family cemetery, but the statute does not give them a right to be buried…
What education requirements did Arkansas certify for the proposed 2024 Educational Rights Amendment ballot title?
The AG substituted and certified a title describing identical academic and accreditation standards for schools receiving specified state or local support, including certain tax credits and…
Who decides whether a police recruit has a valid South Carolina driver's license, and does part-time living in another state break residency?
The Attorney General would not decide whether the specific living arrangement described in the request established South Carolina residency, because residency is a fact question the office cannot…
Did Missouri reject the form of initiative petition 2024-173?
No. The opinion letter says the attorney general approved the petition as to form. It also says the Secretary of State retains final authority to approve or reject it and that form approval does not…
Can a private group sue a charter school CEO in quo warranto to remove him from the Sacramento County Board of Education on the theory that running a charter network and serving on the county board are incompatible offices?
Yes, the suit can proceed. The AG granted leave to sue Paul Keefer (CEO of Pacific Charter Institute, a charter management organization, and elected Trustee on Sacramento County Board of Education)…
Does California's Brown Act apply to a county-level legislative-advocacy group that pools school-district funds to lobby on behalf of those districts?
Yes. SANDABS is an entity created by elected school boards to exercise authority those boards could lawfully delegate, so its Executive Committee is a 'legislative body' under Government Code §…
Did the Arkansas AG certify the third version of the proposed 2024 medical marijuana amendment that would have expanded Amendment 98 with health-care-practitioner certification, home cultivation, and contingent adult-use authority?
The AG certified the proposed ballot title as submitted. It describes changes to medical-marijuana certification and patient cultivation, adult possession of up to one ounce, and adult-use sales by…
If a Mississippi city cleans up a neglected perpetual care cemetery, can it lien the property or charge penalties to recover the cost?
No to liens and judgments; only reimbursement from the perpetual-care trust fund via the Secretary of State is allowed. § 21-19-11(7) provides that the city's actual cost of cleaning a perpetual…
If a Mississippi city closed a street years ago and now wants it back, can the city just rescind the closure or does it have to use eminent domain?
It depends on whether the street was actually closed and who owns the underlying fee. If the City truly closed the street under § 21-37-7 and the abutting property owner now owns the underlying fee,…
Can a school district release records about a teacher and assistant principal terminated after a complaint of inappropriate communication with a student, including interview notes, text messages, and the parent's complaint letter?
On the facts and records reviewed, the AG said disclosure of interview notes and a parent’s letter appeared consistent with FOIA. He treated compelling public interest as a fact question and noted…
Can one person serve simultaneously as Oklahoma Secretary of Transportation, Executive Director of ODOT, and Executive Director of the Turnpike Authority?
No. Each position is an 'office' under Oklahoma's dual office holding ban (51 O.S. § 6), and serving in any two simultaneously violates the statute. Accepting a second office vacates the first.…
Did the Oklahoma legislature unconstitutionally encroach on the governor's executive power when it changed how members of the Turnpike Authority are appointed?
No. HB 2263 (2023) split appointments to the seven-member Oklahoma Turnpike Authority among the Governor, Senate Pro Tempore, and Speaker of the House (two each, plus the Governor as ex officio).…
If a Mississippi city's alderman is sued and the city's insurer already provided counsel, can the city pay for separate, independent legal representation for the alderman?
Yes, in the discretion of the Board of Aldermen. Miss. Code Ann. § 25-1-47(1) authorizes Mississippi municipalities to provide legal counsel and pay all costs of defense for any municipal officer…
Is committing a new misdemeanor while on parole a 'technical violation,' or does it count as a more serious violation?
It depends on the parolee's specific conditions. Miss. Code Ann. § 47-7-2(q) defines a 'technical violation' as 'an act or omission by the probationer that violates a condition or conditions of…
Should a Mississippi county distribute privilege tax revenue under § 27-19-11 to municipal school districts within the county?
No. Highway privilege tax revenue under Miss. Code Ann. § 27-19-11 must be distributed only to the county and the county school district. Counties have no authority to levy ad valorem taxes for the…
Can a Mississippi school district pay principals or other administrators an extra monthly stipend after they qualify as School Safety Guardians?
Yes. Miss. Code Ann. § 45-9-181(6) requires school districts to pay a monthly stipend of $100 to $500 to employees who complete the School Safety Guardian training. The 'shall' in the statute is…
Why did Arkansas reject the ballot title for a proposed tobacco excise-tax repeal?
The sponsor submitted identical popular-name and ballot-title text, leaving no independent summary for the AG to revise. The AG also identified omissions about affected programs and cigarette-paper…
Can someone connected to a Delaware criminal case use FOIA to get state-police policy manuals and warrant records about that case?
No. Erin Frederick, who had a connection to a 2023 bank-robbery investigation in which her Dodge Durango was towed, asked DSP for ethics manuals, warrant procedures, ALPR policies, body-cam…
Can a South Carolina county council keep a citizen-initiated ordinance off the ballot after refusing to pass it?
Generally no. The Attorney General concluded that under S.C. Code § 4-9-1210, qualified electors can petition (with signatures from at least 15% of the county's electors) to have an ordinance…
Can a Delaware reporter use FOIA to get a list of police calls for service to a specific address?
No. The AG concluded DSP could withhold a five-year list of calls for service to a private Wilmington address, because every call to a residence initiates a police investigation and the resulting…
Do Louisiana's municipal police pay and hour rules apply to French Settlement, and what if its overtime ordinance is more generous?
The AG said the state police pay-and-hours provisions it examined did not apply to French Settlement because its population was about 1,100, below the statutory threshold. The AG declined to opine…
Must Louisiana's LaSalle Economic Development District use a fiscal agent and secure its bank deposits?
Yes. The attorney general said the district was a public entity whose funds had to be held with a fiscal agent, and that the agent had to secure the deposits using an instrument listed in La. R.S.…
Can St. Helena Parish's emergency-preparedness director also serve in the Louisiana House?
No. The attorney general classified the full-time parish emergency-preparedness director as holding an appointive office and a state representative as holding elective state office. La. R.S.…
If Arizona authorized historical horse race (HHR) betting machines outside tribal casinos, could tribes reduce their gaming-proceed contributions to the state?
Yes. The AG concluded that authorizing non-tribal HHR devices would trigger the 2021 compact's exclusivity provision. A tribal party could then exercise its compact rights to reduce gaming-proceed…
Can a physician assistant in Oklahoma prescribe Schedule II drugs at an off-site location?
No. Oklahoma law permits a physician assistant to write an order for a Schedule II drug only for immediate or ongoing administration on site. Off-site prescribing of Schedule II controlled…
Does Tennessee's requirement that a DUI defendant report ignition interlock installation to the prosecutor violate the right against self-incrimination?
No. Reporting compliance with the bond condition is favorable to the defendant, not incriminating. And even if a defendant reported noncompliance, that alone is not criminal activity, just grounds…
If a former Delaware police academy cadet asks for body-cam footage and his evaluations from the academy, can the city refuse by saying he's just trying to set up a lawsuit?
Not without proof. Joshua Carter attended the Dover Municipal Police Academy from October to November 2023 and FOIA'd body-cam footage, training videos, evaluations, and correspondence with Dewey…
How does the Arkansas Attorney General review the ballot title and popular name of an initiated constitutional amendment, and what changes did the AG make to the 'Arkansas Medical Cannabis Amendment of 2024' before certifying it?
The Arkansas AG substituted and certified a revised popular name and ballot title for an initiated constitutional amendment proposing to expand Arkansas's medical marijuana program. Key changes:…
Why did the Arkansas Attorney General reject the proposed amendment that would have changed how the AG reviews ballot titles and limited who can challenge ballot titles in court?
The AG rejected David Couch's proposed amendment to amend Arkansas's initiative and referendum process because the text was ambiguous about (1) who could challenge ballot title sufficiency in court…
Can a Mississippi city give federal flood-mitigation grant money directly to private homeowners?
The opinion states a general state-law rule: a city cannot donate public funds to private citizens without consideration unless specifically authorized by law. It does not decide how that rule…
Can a Delaware journalist FOIA prison policy on punishments like 'roll the log' or 'pick up bottle caps,' or does the security exemption shield it?
No. Although DOC tried (and failed) to invoke 11 Del. C. § 4322(d) without the required Commissioner judgment, the AG found a different exemption that did apply: § 10002(o)(17), which shields…
Can a Texas emergency services district that used to be a rural fire prevention district run a county-wide ambulance service?
Yes, generally. The Johnson County district was created in 1956 as a rural fire prevention district, but in 2003 Health and Safety Code section 775.026 converted every such district into an…
Can a Texas county commissioner use county equipment and crews to maintain a drainage ditch that sits entirely on private property?
The AG would not give a yes-or-no answer, because it depends on facts the commissioners court has to find. Three things have to line up. First, the county needs statutory authority; chapter 254 of…
Can a Virginia political party still nominate by convention if it excludes deployed soldiers, college students out of state, or voters with disabilities?
No. Under § 24.2-509(A) as amended in 2021, a Virginia political party cannot use a nomination method, including a convention, that requires covered voters to be physically present or that otherwise…
Does Tennessee's 2023 ban on at-large elections for district-nominated candidates apply to home-rule cities that draw their districts geographically rather than by population?
Yes. The amended § 6-53-110(a) applies to all Tennessee municipalities, including home-rule cities, regardless of how they draw their districts. If a city requires candidates to be nominated from…
Does moving an expelled student to an alternative school when they're readmitted count as double jeopardy?
No. The Attorney General concluded that penalties from school disciplinary proceedings under § 59-63-210(A), including expulsion and reassignment, are civil rather than criminal, so the Double…
Can the Tennessee House of Representatives require visitors to get a ticket before sitting in the public gallery during a session?
Yes. The 'open doors' clause in Article II, § 22 of the Tennessee Constitution doesn't guarantee public seating; it just says the doors stay open. A ticketing system manages limited gallery space…
Can a Louisiana state representative also sit on Washington Parish's library and fire district boards?
Yes under the dual officeholding law as applied here. The AG classified both parish board seats as part-time appointive offices, which the cited prohibition did not bar alongside a state…
Did South Carolina's 2023 change to the Sexually Violent Predator Act lower the standard for civil commitment?
No. The Attorney General concluded the 2023 amendment defining 'likely to engage in acts of sexual violence' as 'predisposed' and 'more probably than not' did not change the burden of proof, which…
Can a city release police misconduct termination records and bodycam footage when officers have appealed terminations to the city council and a criminal investigation is ongoing?
The AG did not decide which requested records to release because the city had not classified them or stated its release decision. He said the facts suggest at least one officer's termination was not…
Can a Delaware city use a vague 'matters discussed in executive session' agenda item to vote on hiring a new city solicitor with no public discussion?
No. Rehoboth Beach violated Delaware's open-meeting law twice: by voting on a new city solicitor without putting that decision on the agenda in 'plain and comprehensible' language, and by discussing…
Can a New Mexico legislator who practices law serve as a special prosecutor in one criminal case?
Yes. The AG concluded that a private attorney serving in the Legislature may take an isolated, case-specific appointment as a special assistant district attorney without violating Article III,…
Is Homer's police chief owed marshal fees for earlier work if the town never set the fee amounts?
No. Homer's charter makes the chief and marshal one office, but the AG found no additional marshal compensation due because the mayor and council had not fixed the amounts. Setting amounts later…
Can a Delaware criminal defendant who says he was exonerated FOIA the dash and body camera footage from his own arrest cases after they close?
No. The AG held that the investigatory-files exemption in 29 Del. C. § 10002(o)(3) is not limited to pending investigations and continues to apply after a case is closed, so DSP did not violate FOIA…
Can an Arkansas school district redact employees' names associated with disputes in records released under FOIA?
For the entries the AG reviewed, no. A person's name and dispute type did not evaluate job performance or create more than a minimal privacy interest. The AG found the district's personnel and…
Why did Arkansas reject the ballot title for the proposed 2024 Educational Rights Amendment?
The AG found the proposed ballot title misleading by omission and rejected it. The measure did not make clear whether the state would supply school resources directly or fund schools to obtain them,…
What share of retiree insurance did Webster Parish owe a deputy hired there in 2018 who planned to retire in 2024?
On the facts given, the Louisiana AG said Webster Parish would pay 50% of this deputy's retiree insurance premiums if he retired directly from its sheriff's office in 2024. The Webster-specific rule…
Can lottery ticket courier services like Jackpocket legally operate in Mississippi?
No. Mississippi's lottery law (the Alyce G. Clarke Mississippi Lottery Law) does not authorize lottery ticket courier services. Only certified lottery retailers can sell tickets to the public, and §…
If a Mississippi county failed to pay a school district its share of taxes for years, how far back can the school district claim the unpaid taxes?
There is no time limit. Section 104 of the Mississippi Constitution says statutes of limitation do not run against the state or its political subdivisions. So if Lauderdale County actually owes…
Can the Mississippi Development Authority sell, auction, or donate state property in Columbus below appraised fair market value?
No, MDA cannot sell, auction, or negotiate the property below the average of two appraisals. SB 2810 Section 1(3) is mandatory. The property may be sold 'in whole or in part,' so MDA could sell a…
Does Mississippi's three-year limitations period bar a city's old claim against a county for taxes under an interlocal agreement?
The three-year period in § 15-1-49 does not bar this kind of claim. Section 104 of the Mississippi Constitution provides that statutes of limitation do not run against the state or any political…
When recording a deed in Oklahoma, when do I need to file the foreign-ownership affidavit and when am I exempt?
Oklahoma's 2023 anti-foreign-ownership law (S.B. 212) requires an affidavit with most recorded deeds, but four categories are exempt: deeds to government bodies (US, state, political subdivisions,…
Does an Oklahoma driver's license suspension stay on my motor vehicle report after it is lifted?
Yes. Once a suspension lands on your Motor Vehicle Report (MVR), it stays for three years even if Service Oklahoma lifts the suspension and reinstates your driving privilege. The only exception: a…
Can a Delaware port agency deny records tied to pending or foreseeable litigation while withholding bid-subcommittee records?
The AG upheld DSPC's litigation-exemption denial for most requested records but found it failed to justify withholding bid-subcommittee minutes and member-identification records. The AG recommended…
Did the Arkansas AG certify a 2024 ballot title to lower the antique-tag eligibility age for vehicles from 45 years to 25 years?
After rejecting five prior versions, the AG substituted and certified a workable popular name ('The Arkansas Historic or Special Interest Vehicle Act of 2024') and ballot title for an initiated act…
Does a small Delaware town's museum review committee have to follow open-meetings rules?
Yes. The AG ruled the Town of Leipsic's Museum Review Committee, comprising the Mayor, Acting Council Secretary, and a Town resident, was a public body that violated FOIA when it met on November 6,…
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