State AG Opinions
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If a city council member also works for the state, can the city still pay them per-meeting compensation?
It depends on whether the payment is a 'salary,' and the AG would not decide that. A Hutto city council member took a job with a state college system and was paid from state funds. Article XVI,…
Did a Texas county have to give public notice before paying elected officials federal COVID 'premium pay'?
Probably not. Tyler County received federal American Rescue Plan Act (ARPA) money and, in September 2021, the commissioners court voted a one-time 'premium pay' payment to county employees and…
Can the Texas Greyhound Association pay simulcast purse money straight to kennel and dog owners?
Likely not. When a Texas horse racetrack carries a simulcast of an out-of-state greyhound race (an 'interstate cross-species simulcast'), the Texas Racing Act requires it to pay 5.5 percent of each…
What problems did the Idaho AG flag with the proposed Idaho Medical Marijuana Act ballot initiative in 2022?
Mostly drafting-mechanical issues plus the federal-law overlay. The Cert flagged vague provisions in §§ 39-9712(2) and 39-9721(9), a fatal chapter-numbering conflict (chapters 97-99 already used by…
Can a South Carolina real estate agent use “value” in a market analysis without an appraiser license?
Yes, the word “value” alone did not require an appraiser license. A licensed agent’s market analysis or price opinion had to meet the statutory exemption, and the AG declined to decide whether a…
Can a West Virginia county collect its emergency ambulance service fee from people who live in public housing, even though the housing project itself is tax-exempt?
Yes. The fee under W. Va. Code § 7-15-17 is a user fee on people, not a property tax. Public housing residents are 'users' of emergency ambulance services and may be charged. The state housing law's…
Can a Mississippi public school district bus non-district students to a special STEM program?
Yes, conditionally. If the school board determines a program is a 'special or alternative program' under § 37-41-3, the district may transport non-district students, provided no additional public…
When a Delaware council majority avoids a public meeting by signing checks at private offices in series, is that a FOIA violation?
Yes. A quorum of the Georgetown Town Council violated FOIA when three councilmembers used serial private visits at one councilmember's workplace to sign and deliver a $24,750 grant check to the…
Does Mississippi's HB 1365 ban on private election funding cover student art and essay contests about voting?
It depends on the facts. HB 1365 prohibits Mississippi election officials from soliciting, accepting, using, or disposing of private donations for election-related expenses or voter education,…
Can a California prosecutor give a witness's or victim's criminal history (RAP sheet) to defense counsel during discovery, and do they have to redact anything first?
Yes, but with limits. A California district attorney may voluntarily give defense counsel a copy of an adult witness's or victim's RAP sheet during criminal discovery, provided juvenile court…
How is the 2,000-foot residency limit measured for an Arkansas Level 3 or Level 4 sex offender, and does a homeschool group or church camp count as a school or youth center?
A homeschool group meeting weekly at a church is NOT a 'private elementary or secondary school' for purposes of Ark. Code Ann. § 5-14-128, so it does not trigger the 2,000-foot residency restriction…
In a California criminal case, can the district attorney just hand over the defendant's RAP sheet to defense counsel, or does the defense have to apply to the Attorney General?
The DA can hand it over voluntarily. Nothing in the criminal discovery rules prevents a prosecutor from giving defense counsel the defendant's own RAP sheet. But for an adult defendant, the DA must…
When a Virginia officer is holding someone under a temporary detention order and the person has calmed down, can a family member take over the transport to the mental health facility?
If a law enforcement officer holding a person under a temporary detention order (TDO) believes the person can be safely transported by an alternative provider (including a family member), and that…
Does the 90% pay cap on Virginia deputy sheriff salaries apply when my county adds local supplemental pay on top of the state salary?
The 90% cap in Virginia Code § 15.2-1609.2(F), which says a deputy sheriff's salary cannot exceed 90% of the sheriff's salary, does not apply to a deputy's total pay when a county or city provides…
Does public vote counting in South Carolina require releasing cast vote records?
No. The Attorney General said the constitution required the public to be able to observe vote counting, but did not require public access to cast vote records or ballot images. It also reaffirmed…
Can the public obtain South Carolina cast vote records and ballot images under FOIA?
The Attorney General said South Carolina FOIA did not require the state to produce voted ballots, their images, or cast vote records where disclosure could reveal voters’ choices. Public counting…
Can a Mississippi county pay each employee a $1,000 ARPA bonus for staying on the job during the pandemic?
No. Once American Rescue Plan Act funds enter the county treasury, state rules govern how they are spent. Miss. Const. Art. 4 §§ 66 and 96 prohibit a county from granting extra compensation for…
If I file a transfer-on-death deed in Mississippi, do I have to reapply for my homestead exemption?
No. A revocable transfer-on-death deed does not affect the owner's homestead rights during life, so no reapplication is required after filing. The homestead exemption keeps rolling forward annually…
If a Mississippi county overpaid sick leave by mistake, can other employees donate leave so the worker can repay it?
Yes. If the county determines an administrative error caused an employee to be paid sick leave they had not earned, the employee can repay the county using leave donated by coworkers, as long as the…
If my felony record was sealed or expunged in Arkansas, can I run for county judge or mayor?
Sealing or expungement generally restores eligibility to hold public office, but Ark. Code Ann. § 21-8-305 says it does not restore eligibility to file for, run for, or hold specified state and…
If a state public corporation says committee meeting minutes are exempt because they discuss confidential financial information, can it skip a sworn search?
The Fort DuPont Redevelopment and Preservation Corporation violated FOIA. The FDRPC's counsel argued, in an unsworn correction to its Response, that no Finance Committee meeting actually occurred to…
If a North Dakota local board of equalization never actually convenes, can it still be cited for failing to give meeting notice?
No. The open meetings statute applies only when there is a meeting. If a quorum never convened and no public business was discussed, there is nothing to notice, so there cannot be a notice violation.
Does it count as a Delaware FOIA violation if the request goes to a former coordinator's spam folder?
No. The AG ruled the City of Harrington did not violate FOIA when the request reached a former FOIA coordinator's email and ended up in spam, because the new coordinator regularly checked that…
Can a South Carolina real estate broker release disputed earnest money after three years?
No. The Attorney General said a three-year limitations period did not authorize a broker to decide who receives disputed earnest money. The 2022 trust-account statute required the broker to hold it…
What can I do if a Delaware advisory committee never posted minutes for its meetings?
It is a FOIA violation. The AG ruled the Childhood Lead Poisoning Committee and its subcommittees violated 29 Del. C. § 10004(f) by not maintaining or posting minutes for many 2021 and 2022…
Must the mayor preside over council meetings in a South Carolina council-form town?
No. For a municipality using the council form of government, the Attorney General said council could choose another member to preside through appropriate parliamentary procedure. The opinion…
Can a Mississippi municipal court judge wipe out unpaid fines if a defendant finishes a GED or workforce class?
A municipal judge may suspend misdemeanor fines under Miss. Code Ann. § 21-23-7(5), subject to its conditions; the judge cannot grant amnesty or forgive old fines. The AG expressly declined to…
Does Delaware FOIA require school boards to give a public comment period, and how much advance notice must they give if a meeting time is moved up by an hour?
FOIA does not require a public comment period (other laws may). But a rescheduled meeting needs at least 24 hours' notice and a written explanation. The Caesar Rodney School Board changed its April…
Can DelDOT use 'potential litigation' to deny every record about a development dispute, including the entire DelDOT manual?
The AG found DelDOT had not justified applying the potential-litigation exemption to an entire broad request about a Sussex County subdivision, street dedications, and DelDOT's Development…
What happens if a Delaware agency misses the 15-day FOIA deadline but eventually responds with an affidavit?
The AG found the petition moot after the Auditor of Accounts supplied an affidavit response to the records request. It acknowledged that AOA missed FOIA's 15-business-day response deadline and…
In Mississippi, who decides parking around the county courthouse, the sheriff or the board of supervisors?
The board of supervisors. Miss. Code Ann. § 19-7-33 gives the board the authority to regulate parking on county public lands around the courthouse, including the power to assign spaces. The sheriff…
Can a Mississippi county require a damage bond from out-of-county trucking companies but not from in-county ones?
No. A county board can require a special permit and a security bond for vehicles exceeding posted size or weight limits on county roads under § 63-5-51, but the rule has to apply uniformly to every…
Can a fireworks seller in a permanent location in Mississippi switch from transient vendor to general business classification?
The Board of Aldermen cannot reclassify the seller; the municipal tax collector decides its license classification. The opinion says an entity solely selling fireworks operates for less than six…
Can a South Carolina school require staff to sit in on DSS interviews of students?
The Attorney General said a school district could set parameters for when and where DSS used school property to interview a child. It found no authority allowing the school to require a principal,…
Can a Delaware town council vote on raises and a water-line project that aren't on the meeting agenda?
No. The AG ruled the Town of Blades violated FOIA by voting on employee bonuses, cost-of-living raises, and a water-line extension that never appeared on the meeting agenda, and by discussing…
Does North Dakota's ban on 'electronic machine-readable code' for vaccination records mean the Department of Health cannot use QR codes for anything?
No. The phrase 'electronic machine-readable code' in § 23-01-05.3 is limited to QR codes that carry vaccination-record information. It does not stop the Department of Health from using QR codes in…
Can a California charter city council appoint a councilmember to a vacancy more than 30 days after the vacancy if its charter sets a 30-day deadline?
The California AG did not decide whether Arcadia could appoint a councilmember after its charter's 30-day deadline. It found a substantial question about the March 29, 2022 appointment of Michael…
Can the public or a legislator inspect voted ballots in Texas during the 22-month preservation period?
Yes, for anonymous ballots. After an election, Texas keeps voted ballots locked up for at least 22 months, and election officials had been citing Election Code section 66.058 to refuse all access.…
Could a South Carolina concealed-weapon permit holder carry a pistol outdoors in a state park in 2022?
The Attorney General predicted a court would permit a valid concealed-weapon permit holder to carry a concealable weapon outdoors in a South Carolina state park under the law then in force. The…
Does my Virginia sheriff's office need a VDOT permit to put up a photo speed enforcement sign on an interstate, and can the sign go on private property?
A Virginia law enforcement agency that wants to install a photo speed monitoring sign within the interstate right-of-way must obtain a VDOT land use permit, and a sign within 660 feet of the…
Must Wilmington compile a custom Excel of parking ticket data with appeal status if no single record contains all the requested fields?
No. The City of Wilmington did not violate FOIA when it produced an Excel of parking ticket data missing some fields Markham requested (date of appeal, ruling on appeal, court hearing dates). The…
Can Department of the Military employees block release of their basic personnel data when included in a statewide Executive Branch employee export?
No. The custodian's decision to release records on Arkansas Department of the Military (ADOM) employees, including each employee's full name, title, department/agency, race, sex, full-time/part-time…
Can a Mississippi waste authority raise its contracted disposal rate above the original CPI cap without rebidding?
No. The Three Rivers Solid Waste Management Authority cannot grant Waste Connections an annual rate adjustment that exceeds the contracted three-percent cap without conducting a new RFP. The price…
Can a state agency release a roster of Executive Branch employees with names and salaries, but not their personnel ID numbers?
Yes. The AG said the Office of Personnel Management could release the requested names, jobs, departments, race, sex, employment dates, locations, and salaries while withholding employee…
Can a Virginia town ban office-based opioid treatment clinics through zoning, or only regulate where they can be located?
A Virginia town cannot use its zoning powers to completely prohibit office-based opioid treatment (OBOT) clinics anywhere within its boundaries because state law explicitly authorizes such clinics,…
Who chooses land for preservation under South Carolina’s County Green Space Sales Tax Act?
The county governing body chose the property and type of interest to acquire under the 2022 Act. The advisory committee assisted with transparent tax distribution, the Department of Revenue…
Can pharmacy benefits managers or insulin manufacturers be sued under Arkansas's Unfair Practices Act over insulin rebates?
No answer. The AG declined to issue an opinion on whether insulin rebates received by pharmacy benefits managers or pharmaceutical manufacturers in Arkansas can violate the Arkansas Unfair Practices…
Can a city council, school board, or other Arizona public body adopt a rule that prevents individual board members from responding to comments made during a 'call to the public'?
No. The AG concluded that A.R.S. § 38-431.01(H) gives the discretion to respond to individual members of the public body, not to the public body as a collective. A board cannot prospectively ban its…
Could the Town of Sellers mayor ignore dual-office limits or appoint relatives and nonresidents?
No mayor could override South Carolina’s dual-office rules. The Attorney General referred the family-appointment ethics issue to the State Ethics Commission and said residency depended on the…
Does the rule against cross-district nominations to the Mississippi Gulf Coast Convention Bureau apply to all 9 county-appointed members or just the 5 district-tied seats?
All nine. The 2013 Local and Private Law for the Mississippi Gulf Coast Regional Convention and Visitors Bureau says no supervisor may nominate any person from another supervisor's district to be a…
Can a Mississippi county grant both manufacturing and free port warehouse tax exemptions to related entities?
Yes if the entities qualify. Section 27-31-101 (manufacturing exemption) and Section 27-31-53 (free port warehouse exemption) both permit county boards to grant discretionary ad valorem tax…
Does a private dance studio count as a 'school' for the medical cannabis dispensary 1,000-foot buffer in Mississippi?
No. Section 2(gg) of SB 2095 defines 'school' as a kindergarten-through-12 institution with a physical location, instructional staff, students, and in session each school year. A private dance…
Can a Mississippi city fire an employee who tests positive for THC, given that some THC use is now legal under medical cannabis?
Yes, with limits. Cities can adopt drug and alcohol testing policies under Section 71-7-3 and terminate employees who test positive for THC, but only if the policy fully implements the Section 71-7…
Can a Mississippi town let private businesses use street parking spaces, sidewalks, or rights-of-way for inventory or seating?
Generally no, with emergency exceptions. Section 21-27-1 prohibits granting any 'exclusive franchise or any exclusive right to use or occupy the streets, highways, bridges, or public places.'…
How were South Carolina county coroners required to use child-fatality funding in 2022?
The Attorney General said the 2022 appropriation had to supplement existing funding to bring a duly elected coroner’s annual pay to at least $35,000. Only after meeting that floor could remaining…
Can I cross a Virginia public highway on my ATV using the most direct route, or do I need special authorization first?
Yes. Clause (ii) of Va. Code § 46.2-915.1(A)(1) is independent of clauses (i) and (iii). An ATV operator may cross a public highway by the most direct route without needing authorization from proper…
If condo unit owners have voted to terminate their condominium for redevelopment, can 51% of them petition to create a Community Development Authority over the entire site?
Yes, in the scenario described. If the termination agreement has not yet been recorded (so unit owners still hold title), and 51% of the unit owners own at least 51% of the land area or assessed…
Did Tennessee's 2022 amendment about insurance producers free local governments from competitive bidding when they buy insurance?
No. The 2022 amendment (Public Chapter 719) added 'services from an insurance producer' to the list of professional services that local governments can procure without competitive bidding. But…
When does the Arkansas FOIA require disclosure of a state police officer's employee-evaluation records, and what gets redacted?
Yes. The ASP custodian's decision to release the officer's two disciplinary files (2005 and 2007) as redacted is generally consistent with the FOIA. Employee-evaluation records may only be released…
Could Charleston County post a permanent ban on carrying firearms in county parks?
The Attorney General said South Carolina generally preempted local firearm rules in parks. A county could temporarily restrict otherwise lawful open carry on public property only when the statutory…
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