State AG Opinions
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Why did the Arkansas AG reject a proposed ballot title for an initiated act exempting feminine hygiene products from sales tax?
Rejected. The text of the proposed initiated act was ambiguous about whether Arkansas would remain in compliance with the Streamlined Sales and Use Tax Agreement, a multi-state compact requiring…
Can the Finance Cabinet make Kentucky's Fish and Wildlife department get three vendor quotes before using a statewide contract?
No to the first, and the agency has its own cap on the second. The Attorney General concluded the Finance and Administration Cabinet cannot require the Department of Fish and Wildlife to obtain…
In a South Dakota road district, if I own three parcels of land in the district, do I get three votes? And can I vote absentee in road district elections?
One vote per landowner, no matter how many parcels. Absentee voting is available in formation elections, in initial trustee elections in districts with over 1,000 voters, and in referendum…
Can a Virginia deputy sheriff also sit on the county board of supervisors at the same time?
Yes. Virginia's dual office-holding rules in Article VII, § 6 of the state constitution and Va. Code § 15.2-1534(A) only forbid simultaneous service in offices that are expressly listed in Article…
Can a South Carolina state representative serve on the Palmetto College Board of Visitors without breaking dual-office-holding rules?
Yes. The AG concluded that membership on the Palmetto College Board of Visitors is not a public 'office' for dual-office-holding purposes, because the Board is advisory, not created by statute, and…
Can a sheriff's deputy who also moonlights as a town police officer write a town traffic ticket while on duty as deputy sheriff?
No. A sheriff's deputy on duty as deputy sheriff has no authority to issue a municipal traffic citation returnable to municipal court, even if the same person also moonlights as a town police…
Which liquor licensing receipts must Harford County's board distribute to local governments?
The Maryland Attorney General read Harford County's distribution rule as covering the fees paid for liquor licenses themselves. The rule does not cover other money the liquor board collects, such as…
Does the 2023 ban on prone restraint and compressive restraint in Minnesota schools restrict school resource officers and other peace officers when they're carrying out arrests, enforcing court orders, or otherwise doing their police job at a school?
No. The supplement concludes that the amendment did not limit the types of reasonable force public officers may use to carry out lawful duties described in Minn. Stat. § 609.06, subd. 1(1),…
Can a South Carolina city make its nuisance ordinance enforceable only when three 'responsible citizens' report a violation to the municipal judge?
The AG raised serious doubts but stopped short of striking it down. A city can choose whether to enforce its ordinances, but the office flagged that conditioning a nuisance ordinance on a report by…
Can a university release an employee's discrimination complaint while withholding the outcome letter from FOIA?
Partly. The AG approved release of the redacted retaliation complaint as a mixed personnel record. The outcome letter is both an evaluation record of the complained-about employees and a personnel…
Is a city's minority or disadvantaged small-business contracting program legal after the Supreme Court's affirmative-action ruling?
The AG would not decide it (only a court can, on the facts), but warned the program is 'fraught with risk.' Because a race-conscious program must survive strict scrutiny under Croson, Adarand, and…
Did Louisiana's AG approve the summaries for four proposed constitutional amendments on the November 2023 ballot?
Yes. The AG reviewed and approved the summaries associated with 2022 Act 278 and 2023 Acts 199, 179, and 198 for printing and distribution. The opinion does not reproduce or analyze the amendments…
Can a Louisiana doctor get a Delaware zoo's necropsy report on a pudu (small deer) that died at the Brandywine Zoo?
No. Delaware FOIA only guarantees access to citizens of Delaware (Op. 16-IB20). Dr. Heiligman, a Louisiana resident, asked DNREC for a necropsy report on Haechan, a pudu (small South American deer)…
If a pro se plaintiff sues Wilmington over policing tactics and quotes an ACLU report in the complaint, can the City refuse to give the ACLU records about those tactics?
Yes. The ACLU of Delaware filed a 20-part FOIA seeking Operation Safe Streets and Governor's Task Force records. A week before the request, a pro se federal civil rights plaintiff had sued the City…
Should a city redact a public employee's net pay (after withholdings) from FOIA-released payment records?
Yes. Net salary payments must be redacted before release. Net pay reveals deductions that touch personal financial information (tax withholdings, retirement contributions, insurance elections,…
Can a Maryland county enact a law making state traffic offenses secondary and restricting consent searches at stops?
The Attorney General said Maryland's vehicle law would preempt a county ordinance that reclassifies state traffic offenses as secondary. The same law would not preempt a local rule limiting…
Can a city in Arkansas use prepared-food sales tax revenue for police salaries instead of tourism promotion?
Prepared-food tax proceeds must be used for tourism and convention purposes under A.C.A. § 26-75-606. An advertising and promotion commission may contract for actual public-safety services connected…
Is a Texas governor's emergency executive order a “law” under Penal Code section 1.07(a)(30)?
Yes. The AG concluded that an emergency executive order lawfully issued under Government Code chapter 418 is a rule authorized by statute and therefore qualifies as a “law” under Penal Code section…
If a Virginia primary candidate withdraws after their name appears on the primary ballot and absentee voting has begun, are they barred by the 'sore loser' law from running as an independent in the general election?
No. The AG concluded that a primary candidate who validly withdraws before polls close is not 'defeated in the primary' under § 24.2-520, even if absentee voting has begun. The statute therefore…
Can a Mississippi city and county jointly pave roads using the county's existing paving contractor without violating purchasing laws?
Yes. The Mississippi Interlocal Cooperation Act (§§ 17-13-1 et seq.) lets a city and county act jointly through a lawful interlocal agreement, including for road paving, even though a city cannot…
In a Mississippi mayor-council city, who controls and evaluates the civil service commission's secretary, the mayor or the commission?
For commission work, the civil service commission controls. The commission appoints the secretary under § 21-31-7, can suspend or discharge them under the same procedure used for commissioners under…
Can a Mississippi city give its share of jointly owned surplus property to the county for free so the county can pass it to a nonprofit?
The AG found no explicit authority for Batesville to donate its interest to the county without consideration. Section 17-25-25(5) may provide a no-cost disposal method if the city finds its interest…
Can a Mississippi city's board of aldermen reverse an earlier ordinance making the police chief an appointed position and switch back to electing the chief?
Yes. Under Miss. Code Ann. § 21-3-3 and §§ 21-13-1 et seq., a code charter municipality has full authority to pass, amend, or repeal ordinances. Brookhaven's Board of Aldermen can amend, repeal, or…
Can a city pay a newly elected councilmember retroactively for work done before being sworn in?
Probably not. The AG concluded a court would likely hold a municipality is not authorized to pay retroactive compensation to a councilmember for services rendered before qualification and being…
Who can enforce South Carolina's waste-tire disposal law, and is the penalty criminal or civil?
The AG concluded that section 44-96-170(H) can be enforced by state, county, or municipal law enforcement officials, including county code enforcement and litter control officers, as well as by…
Does a South Carolina county have to use an ordinance, not just a resolution, to buy real property?
An ordinance. The AG concluded that the statutes governing counties contemplate transferring interests in real property by ordinance, and that this reasoning applies to a county's purchase of a…
Can an Arkansas excavator start digging if utilities haven't responded through One Call within the legal time frame?
No. Under the Arkansas Underground Facilities Damages Prevention Act, an excavator cannot dig until ALL operators have responded through the One Call Center's electronic positive response system.…
If a Kansas county clerk forgets to mail the revenue neutral rate notice on time, can the taxing district still raise taxes above that rate?
No. The Attorney General concluded that K.S.A. 79-2988(b)(2)'s requirement that the county clerk mail each affected taxpayer a notice at least 10 days before the public hearing is mandatory, not…
Could Avoyelles Parish's sheriff pay for hurricane-damaged jail repairs near the 2023 governor election despite the spending cap?
Yes, on the facts presented. The Louisiana AG said the emergency exception applied to repairs necessitated by the declared disasters, and that extraordinary roof and interior repairs were outside…
What happened to donated drainage property and service area when St. Tammany's Meadowbrook subdistrict dissolved?
The Louisiana AG said the donated property rights had to be disposed of under the drainage-district dissolution statute. The encompassing Gravity Drainage District No. 5 could exercise drainage…
Does a town housing authority commissioner have to live inside the town, or can they live within five miles of the town?
Yes. Mississippi housing authority commissioners must reside within the housing authority's territorial jurisdiction, but that jurisdiction extends beyond the town limits. Under Miss. Code Ann. §…
Can a habitual offender in a Mississippi prison get conditional medical release if they're terminally ill, even though habitual offenders aren't eligible for parole?
Yes. Conditional medical release under Miss. Code Ann. § 47-7-4 is a separate and distinct program from parole under § 47-7-3. The habitual-offender exclusion in § 47-7-3 does not apply to § 47-7-4.…
Can an Arkansas school district donate land to a nonprofit for affordable teacher housing?
Yes, likely. Bentonville School District's proposal to donate nine acres of district-owned land to Excellerate Foundation (a 501(c)(3) nonprofit) for affordable teacher and community housing plus a…
Can a Kansan use a bank certificate of deposit as their official first-time home buyer savings account?
Yes. The Attorney General concluded that a certificate of deposit (CD) at a financial institution qualified to do business in Kansas can be designated as a first-time home buyer savings account…
Is a list of suspensions and disciplinary actions against Arkansas State Troopers a personnel record or an employee-evaluation record?
The classification was wrong. A list of Arkansas State Troopers showing names, suspension grounds, and disciplinary details is an employee-evaluation record (not a personnel record), because it…
Is Kentucky's race-restricted Governor's Minority Management Trainee Program legal after the Supreme Court's 2023 affirmative-action ruling?
No, in the Attorney General's view. The opinion concluded that the Governor's Minority Management Trainee Program, which limits eligibility to employees of certain races, discriminates on the basis…
Could one person work part time for both the Lake Providence Port Commission and a railroad district?
Yes, on the facts supplied. The Louisiana AG said the dual-employment provision barred combinations involving full-time positions, but did not prohibit these two part-time jobs. The opinion left…
Could the Capital Area Groundwater Conservation District's full-time director also hold an elected Louisiana state office?
No. The Louisiana AG said the district director was a full-time employee of a political subdivision, and the dual-officeholding law barred that employment alongside an elected state office. The…
How many members make a quorum on a South Carolina county election board, and who sets the board's size and fills vacancies?
The AG concluded (though not free from doubt) that a county legislative delegation sets and can change the size of its county board of voter registration and elections within the statutory range of…
Who must transport Texas county inmates to state facilities, and when must TDCJ reimburse counties for transport or delayed transfer?
TDCJ may not require sheriffs to transport inmates to SAFP or intermediate-sanction facilities and must reimburse county transport to state-jail facilities. It also owes statutory confinement costs…
Could St. Landry Parish pay to improve a private drainage ditch that benefited only one landowner?
No. The Louisiana AG said public spending on the ditch, or litigation to acquire a right-of-way for it, would be a prohibited donation when only the adjacent owner benefited.
Can a South Carolina coroner use Child Fatality Fund money to buy a vehicle for a deputy coroner?
No. South Carolina Code Section 17-5-140(B) lets a county coroner spend Child Fatality Fund money, once the statutory minimum salary is paid, on hiring a deputy coroner or other personnel, or on an…
Can a California DA force a court to impanel a criminal grand jury, and do Brady disclosure rules apply to grand jury materials?
On the first question, no. Penal Code § 904.6 says a court 'may' impanel a second grand jury upon a DA's request; it does not require impanelment. The statute's mix of 'may' and 'shall' usage and…
When designing a school storm shelter in Arkansas, do you use the building code's occupant load formula or the Department of Education's class size rules?
The 2021 Arkansas Fire Prevention Code (incorporating IBC 2021) controls. Occupant load uses 20 net square feet per person for educational classrooms (giving ~42 people in an 850 sq ft classroom).…
Are Arkansas billboards advertising recreational marijuana from neighboring states legal?
The AG declined to answer either advertising question. He said pending litigation may directly affect the answers and cited Good Day Farm Arkansas, LLC, et al. v. State of Arkansas, et al., No.…
Does South Dakota's Athletic Commission have legal authority to regulate slap fighting contests (where two competitors trade open-hand blows to the face)?
No. The Athletic Commission's jurisdiction is limited by statute to boxing, kickboxing, and mixed martial arts contests and exhibitions. Jackley concluded that slap fighting does not fit those…
Does Mississippi's Department of Mental Health have to certify any county jail or county hospital that holds someone awaiting transfer to a state mental health facility?
Yes. Mississippi's Department of Mental Health (DMH) is required to certify any county facility (including jails and hospitals) actually used to house, maintain, and provide medical treatment for…
Can a city redact allegations from a non-disciplinary administrative suspension letter and withhold investigator notes about a resigned employee?
Partially. The administrative suspension letter (which expressly states the suspension is non-disciplinary and pending investigation) is a personnel record, not an evaluation record. The…
Do the 2023 Virginia Department of Education model policies on athletics, parental information, pronoun usage, and bathroom and locker room access for transgender students violate the Equal Protection Clause, Title IX, or the Virginia Human Rights Act, and must local school boards adopt them?
Per the Attorney General, no and yes. The opinion concludes that Model Policies H (sex-based athletics), D (parental information and default pronoun rule), and G (sex-based facilities) do not…
Can a Mississippi county use Emergency Road and Bridge Repair grant money to pay off a loan it took out for the bridge project before the grant was awarded?
The county may use ERBR funds for note payments coming due after it received the funds if it finds that paying the note is a project expense and follows its MDOT agreement. The AG answered no to…
Can an Arkansas FOIA custodian use whiteout to redact, and is redacting an entire driver's license image proper?
The custodian's release of the personnel file was partially consistent with FOIA. The whiteout redaction method is wrong (FOIA requires the redaction to show where and how much was deleted, which…
Did the 2023 amendment that banned prone restraint and chest/throat-pressure holds in Minnesota schools also ban those holds when a school staffer has to physically prevent a student from hurting someone or themselves?
No. The AG concluded that the amendment did not limit the types of reasonable force school staff and agents may use to prevent bodily harm or death. Whether particular force was reasonable remains a…
If a majority of county commissioners show up to an internal department meeting and listen to county business, does that count as a Commission meeting requiring public notice?
Yes. The ND AG held the Wells County Commission violated open meetings law when three of its five members attended a 'Departments Meeting' on February 24, 2022, that included discussion of county…
Did Louisiana's AG approve the summaries of four constitutional amendments for the October 2023 ballot?
Yes. The AG reviewed summaries for amendments resulting from Acts 200, 30, 107 and 48 of the 2023 Regular Session and approved them for printing and distribution for the October 14, 2023 election.
Can the West Bolivar Consolidated School District board move its central office from Rosedale to Benoit without going back to the Mississippi Legislature?
No. Miss. Code Ann. § 37-7-104.1(1) requires the West Bolivar Consolidated School District's central administrative office to be located in Rosedale, Mississippi. Neither the full office nor any…
Can a Mississippi city's fire chief temporarily close a fire station and reassign firefighters when there isn't enough staff, or does the mayor have to approve each closure?
Yes, with the right ordinance. Under Miss. Code Ann. § 21-25-3(1), a Mississippi city can pass an ordinance giving its fire chief authority to temporarily close a station and reassign firefighters…
When a Mississippi town cleans up junk on private property, can it haul off dilapidated vehicles and sell them, or does it have to throw them away?
Yes, dilapidated vehicles count as 'personal property' a Mississippi town can remove during a § 21-19-11 cleanup. But the town cannot just sell them under the lost-property statute. To sell or…
Can a Mississippi convention and visitors bureau pay a nonprofit foundation to operate a tourism welcome center?
Yes. The Columbus-Lowndes Convention and Visitors Bureau, created by 2011 House Bill 1552, may provide funding to the Columbus Cultural Heritage Foundation for the operation of the Tennessee…
Does a Mississippi YMCA or Boys and Girls Club lose its child care licensing exemption if it accepts payment from the state's Child Care Payment Program?
If a YMCA, Boys and Girls Club, or similar national-affiliate organization receives 'monthly, weekly or daily payments' from a subsidy program like Mississippi's Child Care Payment Program, it…
Are workplace harassment complaint forms and exit questionnaires personnel records or evaluation records under Arkansas FOIA?
The proposed release was only partly consistent with FOIA. Complaint forms were evaluation records of the accused, who had not been suspended or terminated, and also personnel records of…
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