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Can a South Carolina county add a transportation penny sales tax if it already has a local option tax and a capital project tax?
Yes, with voter approval. The AG concluded that a county already imposing a Local Option Sales Tax and a Capital Project Sales Tax under Chapter 10 of Title 4 may also adopt a Transportation Penny…
Does Tennessee's property tax law unconstitutionally exclude small RVs and pop-up campers from being taxed as real property?
No. The exclusion of self-propelled vehicles and small (under 300 sq ft) sleeping/camping units pulled by a pickup or car is consistent with Article II, § 28 of the Tennessee Constitution, which…
Can a Florida university presidential search committee use a search firm to anonymously survey its members and rank candidates outside of a public meeting?
No. Florida's Sunshine Law applies to university presidential search committees, and using an outside firm to anonymously rank candidates is an 'evasive device' that circumvents public deliberation.…
Do Arkansas alternative-instruction (virtual learning) days count toward the 178-day in-person threshold the LEARNS Act requires for the $50,000 minimum teacher salary?
Yes, Arkansas public schools still have authority to use up to 10 Commissioner-approved alternative-method-of-instruction (AMI) days, including virtual learning days, when closed for emergencies.…
How long does the State Board of Education member from Colorado's new 8th congressional district serve, and is the term different starting in 2024?
Two years for the 2022 election, six years for 2024 and beyond. Senate Bill 22-013 set a one-time two-year term for the 2022 election only. Because the bill did not extend the short term to later…
Did Louisiana's firefighter vacation statute apply to Denham Springs even though the city had fewer than 13,000 residents?
Yes. Following a state appellate decision, the Louisiana AG said the 13,000-person threshold in one statutory subpart did not limit the firefighter vacation provision in another. It recalled earlier…
Can a friend, family member, or volunteer return another voter's sealed mailed absentee ballot to the post office or a drop-off location in Virginia?
Yes. After a 2021 amendment, § 24.2-707 dropped the old requirement that the voter mail or deliver the ballot personally and rewrote the return rule in the passive voice. The current statute lets a…
How thoroughly do Virginia local tax assessors have to look at an affordable housing property's actual operating expenses, and do they have to follow generally accepted appraisal practices?
Assessors must do more than skim the income-and-expense statement. Section 58.1-3295 says they 'shall consider' contract rent, transfer restrictions, and 'actual operating expenses and expenditures…
Can a school district build a different or smaller project than the one voters approved in a capital-tax referendum?
A school district must spend Education Capital Improvements Sales and Use Tax revenue only on the specific projects listed in the resolution and approved by voters. But under South Carolina Supreme…
Did Louisiana's AG approve the updated election expense manual for clerks and parish election boards?
Yes. The AG found the submitted changes to the Election Expense Manual compliant with Louisiana law and approved the form for printing and distribution. Its approval was expressly limited to the…
Can a Texas county development district add a sixth member to its five-person board of directors?
No. Local Government Code section 383.041(a) says a county development district is governed by a board of five directors appointed by the commissioners court. The district read section 383.048(d),…
Can a Texas county judge hire a county commissioner's spouse if the commissioners court delegated its hiring power to the judge?
No. A commissioners court has implied authority to hire people needed for county business, and it can, by official action, delegate that hiring authority to the county judge. But delegation does not…
Can a Texas county use courthouse security funds to buy bullet-proof glass for a district attorney's office in a separate building?
Probably not, if the building has no adjudicators in it. The courthouse security fund (Code of Criminal Procedure article 102.017) may be spent only on security personnel, services, and items…
Can an elected Texas constable also work as a school resource officer for a district in the constable's precinct?
A school resource officer cannot be hired as an independent contractor, but a constable can serve as one through the right kind of contract. Education Code section 37.081 lets a district obtain a…
Did California's expanded pay-to-play disclosure rules in SB 1439 apply to campaign contributions a local official received before January 1, 2023?
No. The Attorney General concluded that SB 1439's expansion of Government Code § 84308 applied only to contributions made on or after January 1, 2023. Pre-2023 contributions did not trigger the new…
Can a police officer block disclosure of his disciplinary records under FOIA because he believes the requester will use them in an unrelated proceeding?
No. A records subject's objection to release based on what they believe the requester will do with the records is not a basis for withholding under Arkansas FOIA. The requester's intent and motives…
What does the Arkansas AG look for when reviewing a popular name and ballot title for a citizen-initiated act?
Rejected. The submitted ballot title was identical to the popular name and made no attempt to summarize the measure's text. The proposed measure also lacked the constitutionally required enacting…
Can an Arkansas city lease its property to a private business below fair market value, and does that violate the constitution?
Yes, an Arkansas city may lease city-owned property at below-market rates as long as the lease is supported by adequate consideration. Consideration is not limited to money; non-financial public…
Did a Chicot County order or maintenance make Immigrant Road public, and what happens if a public road is blocked?
The AG found that Immigrant Road had not become a county road by condemnation or designation on the supplied facts. Whether a dedication occurred was unknown, and the 2016 order had an insufficient…
Can a Texas home-rule city override the powers of its park board or pull back hotel-tax money it gave the board?
It depends. A home-rule city like Galveston has broad self-government power, but it cannot adopt ordinances that conflict with state law, so it may not limit a park board's powers in a way that…
Can a Kansas public board keep a member out of a closed-door legal meeting if that member is threatening to sue the board?
Yes, under these narrow circumstances. The Attorney General concluded that a groundwater management district's board may exclude directors who have joined a petition to remove territory from the…
Does a 501(c)(3), (c)(4), or (c)(6) organization that runs ads telling Virginia voters to 'say no to' a named candidate have to file independent-expenditure reports?
Yes, if the spending crosses the Act's threshold. Virginia's Campaign Finance Disclosure Act of 2006 generally exempts 501(c)(3), (c)(4), and (c)(6) organizations from reporting, but only 'to the…
In Arkansas, who actually decides where new county roads go: the county judge or the quorum court?
Both. The quorum court (the legislative branch of county government) has authority to plan county roads, including adopting an official road plan for the unincorporated parts of the county. The…
If a sitting Anoka County commissioner takes a job as the city administrator for a small Plan A city inside the same county but outside the commissioner's district, do the two positions automatically conflict, requiring one to give up the other?
No. The AG concluded that the administrator position described in this city's ordinance did not appear to be a public office because it lacked independent final decision-making authority. The two…
Can an Illinois county like Jersey County secede from Illinois and join Missouri or another state?
No. Non-home-rule Illinois counties lack authority to secede and join another state. A county board may ask voters an advisory question about secession, but the vote would have no binding legal effect.
Can a South Carolina town spend accommodations tax money on workforce housing, and give it to private builders?
Yes. After Act 57 of 2023, workforce housing is a tourism-related expenditure, so a local government may spend its local accommodations tax on it, capped at 15% of the total annual local…
Can the same person serve as mayor of an Arkansas town and also represent criminal defendants (including as a public defender) in nearby courts?
Yes. Arkansas's dual-office-holding prohibitions (constitutional, statutory, and common-law) do not bar a sitting mayor from simultaneously representing private clients in criminal cases or serving…
Does an Arkansas behavioral-health nonprofit need a real-estate license to manage its own residential properties?
Most likely the staff residential managers are exempt from Arkansas real-estate licensing. The AG discussed a regulated-program exemption and an employee exemption under A.C.A. § 17-42-104(a)(10),…
Is there a time limit on collecting court-ordered fines and restitution in South Carolina, and how can they be collected?
No. South Carolina sets no time limit on collecting criminal fines, fees, and restitution, even though a civil judgment entered for that debt expires after ten years under Section 15-39-30. The…
Does Oklahoma's law requiring health care providers to participate in the state's Health Information Exchange (HIE) violate the state constitutional right to opt out of any health care system?
No, under the rules in effect when the opinion was issued. An emergency Health Care Authority rule granted an HIE exemption to any provider who registered for one. The Attorney General concluded…
Can a South Carolina county legislative delegation investigate or take testimony about a local school district?
Yes. The AG concluded that the Charleston County House delegation has authority to look into the school district's performance and receive testimony about it. Because the power to legislate carries…
Once a North Dakota public board properly notices an executive session, can it discuss any topic behind closed doors as long as an attorney is in the room?
No. The AG concluded the Williston Basin school board's notice and announcement were fine, but it strayed outside the announced attorney-consultation and negotiation-strategy topics during the…
Can an Arkansas school district refuse to release records about an employee's administrative leave under FOIA?
It depends on whether the leave was actually disciplinary and, if so, whether the four-part test for disclosing employee-evaluation records is met. If the leave was non-disciplinary, withholding…
Does moving a deputy constable out of the constable's office to another county department trigger a 'defund the police' election in a large Texas county?
Maybe, and the AG would not say for sure. In big Texas counties (over 1.2 million people), Local Government Code chapter 120 forces a county to hold an election before its budget reduces funding or…
Did the Arkansas AG approve the ballot title for an initiated act exempting feminine hygiene products and diapers from sales tax?
Approved with substitution. The popular name 'An Act to Exempt Feminine Hygiene Products and Diapers from Sales and Use Tax' was certified as submitted. The AG substituted a more suitable ballot…
Can a Delaware reporter FOIA the police interview transcripts of teens arrested for car theft to learn about their motives?
No. Delaware FOIA categorically exempts 'investigatory files compiled for civil or criminal law-enforcement purposes' (29 Del. C. § 10002(o)(3)). Police interview transcripts of arrested teens are…
Can a South Carolina city charge fire protection fees only to certain tax-exempt properties, like dorms and apartments?
Yes, with a caveat. Section 12-37-235 lets a city charge fire protection fees on tax-exempt property, and because the fees must be based on the services provided, the AG concluded the city may…
Does announcing a vague 'employment matter' satisfy South Carolina's FOIA before a public body goes into executive session?
Probably not. The AG cannot decide whether a specific meeting broke the law, but based on prior opinions and South Carolina court decisions it concluded a court would likely find that announcing…
If a pawnshop took someone's assault rifle as collateral on a loan, does the 2023 Washington ban let the pawnshop give the rifle back when the loan is paid, and what happens if the loan defaults?
Returning is fine; selling is mostly not. AGO 2023 No. 5 says SHB 1240's ban on manufacturing, importing, distributing, selling, or offering to sell assault weapons does not bar a pawnbroker from…
Can a West Virginia county board of education lease an active school auditorium to a for-profit company so the company can capture historic tax credits to fund renovations, with the board taking partial ownership in the for-profit?
No. A county board of education has no authority, express or implied, to lease still-in-use school property to a for-profit company, and no authority to create or co-own a for-profit entity. The…
Did the Supreme Court's affirmative action decision (SFFA v. Harvard) make workplace diversity, equity, and inclusion programs illegal?
No. The Supreme Court's SFFA decision struck down race-conscious university admissions under the Equal Protection Clause and Title VI. It did not address workplace DEI programs, which are governed…
Can a Delaware school board list an acting high school principal appointment only as 'personnel' on its meeting agenda?
No. The Indian River Board's June 26 and August 16, 2023 agendas listed only 'personnel' for the executive session and 'personnel agenda' / 'personnel addendum' for the open-session vote. That gave…
Can South Carolina's Santee Cooper buy 100% of an LLC without violating the constitutional ban on the state being a joint owner?
Yes, on the facts presented. The AG agreed that Santee Cooper's enabling act gives it authority to acquire all the membership interests in Cherokee County Cogeneration Partners, LLC, and that buying…
Did Tennessee's 2023 foreign ownership law ban foreigners from buying property in the state?
No, not as a blanket ban. The law (effective July 1, 2023) bars only 'sanctioned' foreign businesses, governments, and nonresident aliens, defined by reference to the U.S. Treasury OFAC sanctions…
Can my Arkansas city zone or limit where vape shops can open?
Yes. An Arkansas city, county, or municipality can use its police power to limit, regulate, zone, or restrict a vape shop within its jurisdiction. Three limits apply: (1) the regulation cannot…
Can an Arkansas school district add 'sexual orientation' and 'gender identity' as protected classes in its anti-discrimination policy?
No. A school district policy that lists sexual orientation and gender identity as protected classes violates Act 137 of 2015 (codified at A.C.A. § 14-1-401 et seq.), which prohibits political…
Under Florida law, does attaching a stabilizing brace to a pistol turn it into a 'short-barreled rifle'?
The AG concluded that, under the Florida statutes it analyzed, attaching a stabilizing brace to a handgun does not turn it into a short-barreled rifle. The opinion says the accessory does not change…
Does Washington's 2023 assault-weapon law (SHB 1240) cover rim-fire rifles like a .22 caliber semi-auto, or only center-fire rifles?
Sometimes yes. AGO 2023 No. 4 says some rim-fire semi-autos are covered. The statute, RCW 9.41.010(2)(a), defines an 'assault weapon' to include any of 62 named firearms (some of which come in…
When a Virginia state university board of visitors makes decisions about its school, does it owe its primary loyalty to the institution it governs or to the Commonwealth as a whole?
To the Commonwealth. The opinion says a board's primary duty is to the Commonwealth while it fulfills its responsibilities to the specific institution it serves. It describes the boards as public…
When a Virginia electoral board appoints poll workers, must it actually try to balance the two major parties even in a small county, and does it have to use names submitted by the parties?
Yes, with practical caveats. Article II, § 8 of the Virginia Constitution and § 24.2-115 of the Code require the electoral board (not the general registrar) to make appointments that, 'as far as…
In South Carolina, can a caterer or other agent buy and deliver alcohol for a private event, or only the host?
Both, within limits. The AG confirmed that DOR's longstanding reading of Regulation 7-403 lets the host or sponsor, or their designated agent or representative (which can include a caterer in…
Does Mississippi's electronic transactions law apply when a sheriff takes a bail bond?
A bail bond is a court document under Miss. Code Ann. § 9-1-51(e), so § 75-12-5(b)(4) excludes it from the Uniform Electronic Transactions Act. The AG did not decide what other rules govern the…
In a city-administrator form of Arkansas government, can the mayor veto a motion that already failed?
No. A mayor in a city-administrator form of government has the veto power over decisions made by the board of directors, but a motion that fails for lack of a majority vote is not a 'decision' of…
Does a 1998 conviction for sexual abuse trigger Arkansas's 'no parole' rule for someone who committed aggravated robbery in 2014, after the older offense was struck from the violent-felony list?
No. Parole eligibility is determined by the law in effect when the new crime was committed. By 2014 the General Assembly (Act 827 of 2007) had removed sexual abuse in the first degree from the list…
Can police keep their body-worn cameras on inside a hospital emergency room in South Carolina, or does HIPAA require them off?
HIPAA does not apply to police officers, so it does not bar them from recording on body-worn cameras inside a medical facility. State guidelines require activation during law-enforcement encounters…
How long can a North Dakota city take to respond to a public records request before it's considered an unreasonable delay?
Hours or days, not weeks. The AG concluded Fargo violated the open records law by taking nearly four weeks to provide 59 pages of records without explaining the delay to the requester.
If someone requests a hand recount of paper ballots in a Kansas election, can the county substitute scanned ballot images instead?
No. The Attorney General concluded that when someone requesting an election recount asks for a hand count of the original paper ballots, the county board of canvassers must count the actual paper…
Can a professor at the University of Idaho or another Idaho public college discuss abortion in class or write academic articles supporting abortion rights, or does the No Public Funds for Abortion Act prohibit it?
They can. The Act bars use of public funds to actually provide, perform, refer for, or counsel a specific person to obtain an abortion. It does not bar academic teaching, classroom discussion, or…
Can a political party hold its presidential caucus in a public school building, city hall, or other public facility in Idaho?
Yes, when the facility is available to the general public at that time and in that manner, and all political parties receive equal and fair access. The opinion excludes schools during regular school…
When do Arkansas laws passed without an emergency clause take effect after a special legislative session?
December 14, 2023. Acts of the 2023 First Extraordinary Session that passed without an emergency clause or other specified effective date become effective on December 14, 2023, the day after the…
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