State AG Opinions
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Can the Harrison County Utility Authority approve a solid waste contract over Gulfport's abstention, when the city no longer participates in solid waste services?
No. The Harrison County Utility Authority can only enter contracts affecting rates, bonds, or capital improvements by unanimous vote of all board members under § 49-17-729(2). Even though Gulfport…
Can a county and youth court reporter in Mississippi be paid more than $64,000 a year?
No. Mississippi's circuit/chancery court reporter cap of $64,000 (for reporters with 10+ years of experience) under § 9-13-19(1) flows down to county and youth court reporters via § 9-13-61, which…
Can a Mississippi town donate money to a Boys and Girls Club that serves town kids but has its main office in a neighboring city?
Yes, if the chapter operates within the town. A Mississippi municipality may donate annually to any chartered chapter of the Boys and Girls Clubs of America 'located within the municipality' under…
Can the owner of one townhouse unit in a four-unit building use the Florida owner-builder exemption to do their own construction work without a contractor's license?
No. The owner-builder exemption in § 489.103(7)(a)(1), Fla. Stat. applies only to one-family or two-family residences with a single owner. A townhouse unit in a four-unit building, owned separately…
What does it take to get a popular name and ballot title certified for an Arkansas statewide referendum, and why was the LEARNS Act referendum draft rejected?
Rejected. The popular name and ballot title for the LEARNS Act referendum failed because the draft did not tell voters that a 'for' vote approves the act and an 'against' vote rejects it. That…
Can a Delaware school board hold an executive session without saying what it is about, then come back and vote on a 'monthly personnel report' that quietly includes the superintendent?
No. FOIA requires the agenda to state the purpose of an executive session, not just label it 'Executive Session.' The Delmar Board also violated FOIA by reordering its agenda mid-meeting without…
Can a law firm representing audit targets in pending litigation use FOIA to obtain Delaware unclaimed property audit-assignment records?
In these circumstances, the Department of Finance properly denied a Reed Smith lawyer's request for audit-assignment records. The AG found that the request's timing and subject connected it to…
Can a Virginia smoke shop or members-only club give customers marijuana with a merchandise purchase and call it adult sharing?
No. The AG concluded that 'gifting' marijuana to customers tied to (or in proportion to) a separate purchase is illegal distribution under § 18.2-248.1. The Cannabis Control Act's 'adult sharing'…
If a Delaware school board agenda just says 'executive session' and 'personnel report,' is that enough notice when the board uses the meeting to retire and replace the superintendent?
No. The Delmar School District Board of Education accepted the superintendent's retirement, placed her on administrative leave, and appointed an interim, all at the December 13, 2022 meeting. The…
Does the abortion medication mifepristone remain legal and accessible in Connecticut?
Yes. The Connecticut AG concluded in April 2023 that a federal court order out of Washington state kept mifepristone's FDA approval and access unchanged in Connecticut, regardless of a conflicting…
Does the federal Plyler v. Doe ruling prevent Maine from requiring students to be vaccinated and removing religious or philosophical opt-outs?
No. AG Frey concluded that nothing in Plyler stops a state from imposing reasonable school entrance requirements like proof of immunization, and Maine's 2019 repeal of non-medical vaccination…
Would consolidating Marvell-Elaine with surrounding Arkansas Delta school districts harm any desegregation effort?
No. The proposed involuntary consolidation of the Marvell-Elaine School District with one or more surrounding districts would not negatively impact any active desegregation effort. The Arkansas…
Can I carry a firearm in an Arkansas state park that sits on Army Corps of Engineers land?
Arkansas law generally permits carrying in a state park, subject to restrictions in publicly owned buildings and facilities. On Corps-managed property, the AG identified four federal exceptions: law…
When a state agency in Oklahoma claims that a purchase is exempt from the Central Purchasing Act, does OMES have to verify the claim?
Yes. The Office of Management and Enterprise Services, through the State Purchasing Director, is required to routinely verify that an agency's exemption claim actually fits within the cited…
May Jasper County use Home Rule ordinances to control and appoint the Jasper County Aeronautics Commission?
Jasper County may establish, regulate, modify, and appoint a county board or commission under the Home Rule statutes, and its ordinances are presumed valid until a court rules otherwise. The AG…
May a South Carolina county use fire-service taxes or fees to pay a coordinator who administers contracts and works with contracted fire departments?
Likely yes. The Attorney General said a court would probably hold that S.C. Code § 4-21-10 permits a county to use part of its fire-protection taxes or fees for a county employee who administers…
If a Mississippi county's assessed property value drops below the next salary tier, do the supervisors lose their old salary or get the new statutory raise?
When a county's assessed valuation drops into a lower tier of Section 25-3-13, supervisors keep their previously locked-in salary (no reduction allowed) but only become eligible for the lower tier's…
Can a volunteer fire chief or firefighter also serve on the city council in a Texas general-law city?
Not unless the city council first passes a resolution allowing it. The 112th District Attorney asked whether the fire chief and lieutenant of the Iraan Volunteer Fire and Rescue Department could…
Can a Texas criminal-law magistrate also work as staff legal counsel for the judges who appointed them?
The dual officeholding and incompatibility laws do not stop it, but the ethics rules might, and the AG would not decide that part. The Tarrant County Auditor asked whether a magistrate appointed…
Does a Delaware city have to post a separate online notice for a special-use permit hearing, or is the regular meeting agenda enough?
FOIA did not require a separate online hearing notice here. Delaware City posted its Mayor and Council meeting notice online, and the agenda listed the Marina Village special-use permit hearing. The…
May South Carolina economic-development authorities and their nonprofit affiliates invest in private or public equity securities?
The AG concluded JEDA is a state agency barred from owning equity. InvestSC and PSGF likely are not state agencies, subject to a court's factual decision, and VCA may direct InvestSC under its…
If a Mississippi justice court judge retires through PERS but stays on the bench, can they still collect $25 wedding fees on top of the 25% compensation cap?
No. A justice court judge who retired under the Public Employees Retirement System and continues serving in the same office is capped at 25% of his or her average compensation under § 25-11-127(6).…
Can a Mississippi charter school operator consolidate two separate charter contracts (for two grade-divided schools sharing one building) into a single contract to cut administrative costs?
The Charter Schools Act does not directly speak to consolidating two existing charter schools into a single contract. But the Mississippi Charter School Authorizer Board has authority under §…
If a Mississippi juvenile is caught with cash and drugs, can the sheriff seize the cash for civil forfeiture or does juvenile status protect it?
Yes. The Uniform Controlled Substances Act forfeiture statute (§ 41-29-153) lets local law enforcement seize money possessed by anyone at the time of arrest for felony possession with intent to…
Can a public agency refuse to release records because of who is asking, or what the requester might do with the records?
No. The AG said the requester's intent and motives are generally irrelevant when a custodian decides whether public records must be released. The officer's suspicion about this requester was not a…
When did bills passed in Kentucky's 2023 legislative session take effect?
Most bills from Kentucky's 2023 Regular Session took effect Thursday, June 29, 2023. Under Section 55 of the Kentucky Constitution, ordinary legislation becomes law 90 days after the session…
Can the Oklahoma State Board of Education make administrative rules just by citing its general 'powers and duties' statute, or does it need a specific statutory authorization for each rule?
It needs specific authorization. The general powers-and-duties section (70 O.S. § 3-104) does not, by itself, authorize the Board to make rules on a particular subject. Any Board rule that cites…
Can nine water district directors be challenged over disputed nominating petitions, eligibility, and appointment procedures?
The California AG granted leave to sue nine Tulare Lake Basin Water Storage District directors. It found substantial questions about whether petition signer Hansen was authorized to act for seven…
When the only Arkansas greyhound-racing franchise stops conducting races, where does the casino-tax revenue earmarked for greyhound purses go?
The 17.5% of casino tax revenue that Amendment 100 reserves for racing purses can only go to a 'Franchise holder' that is actually 'operating' its franchise. If Southland Greyhound Park has stopped…
When does a Texas school district have to seek community partnerships before opting out of, or building facilities for, state-funded prekindergarten?
A district only has to solicit public-private prekindergarten partnerships in specific situations, but where those situations apply the requirement is mandatory. Representative Dutton asked several…
Can a Delaware town council reach consensus on public business through emails between three of four members?
Two violations. The Town of Ellendale violated FOIA (1) by failing to show that an agenda for the January 30, 2023 Planning and Zoning Commission meeting was properly posted, and (2) by Council use…
When a Mississippi county sheriff is sued personally over how he handled an arrest warrant, does the county have to find a financial stake before paying his legal fees?
It depends on what kind of case. For civil lawsuits like this one, a Mississippi county can pay an officer's legal defense after the board of supervisors makes a factual finding (on its minutes)…
Can a Delaware city council go into executive session and pick a replacement for a vacant council seat by secret written ballot, then return to open session for a unanimous public vote?
The Wilmington City Council Committee of the Whole violated FOIA. At its November 28, 2022 and February 1, 2023 meetings to fill vacant At-Large and First District Council seats, the Committee…
May a South Carolina charter school pay employees a flat per diem for work travel and meals instead of reimbursing actual expenses?
The AG advised against a flat per diem. To avoid potential constitutional and ethics violations, a charter school should reimburse actual employment-related lodging and meal expenses rather than pay…
Can Texas create a school-voucher (Education Savings Account) program that lets families use the money at religious schools?
Yes, as the AG read the law. Senator Creighton asked three constitutional questions about a Texas Education Savings Account (ESA) program. First, the AG concluded that Texas's 'Blaine Amendments'…
I have an ATV or UTV registered in another state. Can I drive it on Virginia roads when I visit?
No. Out-of-state registration does not determine whether a vehicle can be driven on Virginia highways. Under § 46.2-915.1, ATVs are barred from public highways except in the limited circumstances…
Can a Texas general-law city collect trash outside its city limits, in its extraterritorial jurisdiction?
Likely yes, as the AG read it. The Starr County Attorney asked whether the City of Escobares, a general-law city, could offer trash collection outside its boundaries, which the AG took to mean in…
Can a Tennessee regional planning commissioner be removed for skipping the required annual training, and how does the removal and replacement process work?
Yes. Failing to complete four hours of annual training, or failing to file the year-end certification statement, is statutory cause for removal. The removal must come with at least fifteen days'…
Is a stolen golf cart a vehicle under South Carolina's receiving-stolen-vehicles law, and should theft be charged as larceny?
A golf cart is a vehicle for section 16-21-80. The AG did not select a charge for any case; larceny, possession of a stolen vehicle, or another offense depends on the facts and remains for officers,…
Can someone own stock in alcohol manufacturers, wholesalers, and retailers at the same time in Oklahoma if their stake stays under 15%?
The AG concluded that the statutes allowing less than 15% cross-tier stock ownership conflict with the Oklahoma Constitution. In the AG's reading, even one share in businesses in different tiers is…
Can a Maryland Class 4 limited winery prepare the food it sells on its own premises?
Yes. The Attorney General concluded that a Class 4 limited winery may prepare the foods the alcohol law permits it to sell or serve on its own premises. Any applicable health department food service…
Can a Kentucky school board expel a student for longer than one year?
Yes. The Attorney General concluded that neither KRS 158.150 nor the Kentucky Constitution limits a student expulsion to a maximum of one year. The widely followed 'one-year rule' came from a…
Under Mississippi's unit-system county road administration, can a board of supervisors deliberately split road bond money equally among the supervisor districts?
No. Under Mississippi's countywide unit system of road administration (§ 19-2-3), all road and bridge funds, including bond proceeds, must be spent based on the needs of the county as a whole,…
If a Mississippi county hires an online auction vendor to run its delinquent tax sale, can the $20-per-parcel auction fee be charged to property owners who redeem their land?
Yes. A $20-per-parcel auction fee paid by a Mississippi county to an online auction vendor handling its delinquent tax sale is a 'cost[] incident to the sale' under Miss. Code Ann. § 27-45-3 and can…
What does it mean for a Mississippi commission to be 'assigned to' the Secretary of State 'for administrative purposes only'?
The Office of the Secretary of State must provide the Mississippi Commission on the Holocaust with administrative support (management of activities, organizational tasks) as the commission needs,…
If a Mississippi county made an error and overcharged me on property taxes for ten years, can the county refund all ten years?
No. A Mississippi county acting on its own motion cannot refund erroneously paid property taxes. On a taxpayer's petition or application, the tax collector may issue a refund after the board of…
Who controls attendance lines, transfers, and discipline at a Charleston County high school shared by two constituent districts?
The Charleston County School District controls attendance lines, student transfers, and discipline for a school whose attendance zone spans two constituent districts. The AG concluded the special…
Can a Tennessee county redirect wheel tax money to a different purpose than the one the county originally said the tax would fund?
Yes, but only going forward and only by following the same procedure used to levy the tax in the first place. Money already raised for a stated purpose has to be spent on that purpose; it can't be…
Can a Texas public facility corporation buy property for tax-exempt leases outside its sponsoring district's boundaries?
A court could conclude yes, the AG said, but with caveats. Senator Bettencourt asked whether a public facility corporation (PFC) created under Local Government Code chapter 303 can acquire real…
Can a Texas county abandon or rename a public road it never accepted into its maintenance system?
Likely yes on both, as the AG read it. The Montgomery County Attorney asked whether a commissioners court can abandon a public road under Transportation Code section 251.051, and name or rename one…
Can a Texas county use property tax revenue to help fund a hospital district's ambulance service?
Generally yes, as the AG read it, if the county structures it right. The Wheeler County Auditor asked whether the county could keep paying $300,000 lump sums to two in-county hospital districts to…
Are settlement agreements between the Oklahoma Insurance Commissioner and pharmacy benefit managers public records, or can they be kept confidential?
Public. The settlement agreements are subject to the Oklahoma Open Records Act, is subject to subpoena and discovery and may be admitted in private civil actions, and the parties cannot…
Can a Tennessee enhanced handgun carry permit holder still be charged with the firearm-after-DUI offense if their DUI history doesn't disqualify them from the permit?
No. The DUI lookback in the firearm-after-DUI statute mirrors the DUI lookback in the permit eligibility statute. If your DUI history is old enough that you can lawfully hold an enhanced permit, the…
When can law enforcement seize coin-operated amusement machines as illegal gambling devices in Arkansas?
No, no, and no. The 'Chuck E. Cheese law' (A.C.A. § 26-57-401 et seq.) does not exempt every device with no automatic payoff and prizes under $5; many other conditions must be met. A device that…
Can a county justice of the peace serve on a school board at the same time?
No, if the terms overlap. The Arkansas Constitution (art. 7, § 53) and statute (A.C.A. § 14-14-115) bar a sitting justice of the peace from being elected or appointed to a 'civil office' during the…
Can an emergency services district commissioner also serve as a volunteer firefighter for the same district?
Probably not, as the AG read it, but for a common-law reason rather than the constitution. The Hardin County Attorney asked whether the same person could sit on an emergency services district (ESD)…
If a Texas city votes to extend council terms to four years, do members elected the same day get four-year terms?
It depends on the facts, the AG said, and the office could only lay out the law because it does not find facts. The City of Combes held two May 2022 elections at once: a general election that filled…
Can a Texas county attorney also serve as legal counsel for the county's appraisal district?
Not under the statute he asked about, the AG said. The Starr County Attorney had been the appraisal district's lawyer before he was appointed county attorney, and he asked whether Tax Code section…
Can a Mississippi school district run a school bus route to bring teachers to work from out-of-district towns as a recruitment perk?
No. Mississippi school districts have no statutory authority to use public school buses to transport teachers and other employees to and from work, even on a commuter route from outside the…
Can a Mississippi town marshal require department employees to clear discussions with him before talking to the mayor or town aldermen?
Yes. As the municipality's chief law enforcement officer under Miss. Code Ann. § 21-21-1, a Mississippi town marshal has supervision and control over all municipal police officers and may adopt and…
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