State AG Opinions
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Was in-state tuition status enough for a veteran’s child to receive free South Carolina college tuition?
The AG said no. Under the statute discussed in 2020, the child had to meet the student criteria and the veteran had to satisfy separate service and residency requirements.
Can a national news organization use Delaware FOIA to demand the Biden senatorial papers themselves from the University of Delaware Library?
No. The University of Delaware is FOIA-able only on full-Board-of-Trustees meetings and records relating to public-fund expenditures. The papers themselves are not university documents about public…
Can a Texas judge appoint a court recorder instead of a court reporter?
Generally no, the AG concluded a court would likely hold. The Cherokee County Attorney, citing a shortage of court reporters and the need to avoid delays when a reporter retires, dies, or is…
What did the Missouri AG approve as the on-the-ballot fair ballot language for the 2020 legislative redistricting and lobbyist-gift amendment (SJR 38, later Amendment 3)?
AG Eric Schmitt approved, under § 116.025, RSMo, the legal content and form of the Secretary of State's fair ballot language statement for SS#3 SJR 38, which voters saw on the November 2020 ballot…
What was the Missouri Attorney General's role in approving the fiscal note summary for Senate Joint Resolution 38, the legislature's 2020 redistricting and lobbyist-gift measure?
Under § 116.175.4, RSMo, AG Eric Schmitt approved the legal content and form of the fiscal note summary that State Auditor Nicole Galloway prepared for SS#3 SJR 38. The AG's approval is procedural…
Who hires the head of the Kentucky State Fair Board and the Fish and Wildlife commissioner, the board or the governor's cabinet?
The boards do. The Attorney General concluded that under KRS 247.130 the State Fair Board alone appoints its president and CEO and sets that person's compensation, and under KRS 150.061 the Fish and…
In Mississippi DUI cases, does law enforcement have to certify a defendant's prior record before the judge can take a guilty plea on a first offense?
Section 63-11-30(8)(b) requires law enforcement to submit certification (driving record, confidential registry, NCIC search) before a defendant pleads guilty to a second or subsequent DUI offense.…
Can a Mississippi county Board of Supervisors second-guess a circuit judge's order on how much to pay an appointed indigent-defense lawyer?
The AG concluded that Section 99-15-17 vested discretion to set indigent-defense compensation in the appointing judge alone. The Adams County Board of Supervisors had no authority to increase,…
Can a Mississippi city refund a contract fee to a developer if the developer never actually used the service the city was paid for?
The AG concluded that returning a $10,000 contract fee to a developer who never connected to Hattiesburg's wastewater system would not violate Section 66 of the Mississippi Constitution. A refund of…
Can a Mississippi municipal court enroll unpaid criminal fines on the circuit court judgment roll, garnish wages, and proceed against an indigent defendant?
Yes to all three questions, with one limit. Mississippi municipal courts may enroll unpaid fines on the circuit court judgment roll to create a lien, may garnish wages, and may enroll judgments…
Can a Mississippi county board force other elected officials to use a county time-clock or computer-login payroll system?
No. The AG concluded that a Mississippi Board of Supervisors cannot require other county elected officials to use a countywide payroll documentation system if those officials have adopted and filed…
Can a Mississippi county forgive penalties and interest on a property tax bill the taxpayer did not know existed?
Yes. The AG concluded that when a Mississippi tax assessor's error caused a property owner to be delinquent (here, by assessing the wrong parcel and not assessing the right one), the Board of…
Is Mississippi's voluntary statewide association of election commissioners subject to the Open Meetings Act?
No. The AG concluded that the Election Commissioners Association of Mississippi is a voluntary association of individual election commissioners, not an entity created by statute or executive order,…
Can a Mississippi municipal court charge a $50 filing fee for an expungement petition?
No. The AG concluded that Miss. Code Ann. § 21-23-7(11) explicitly forbids any filing fee for bringing an action in municipal court, so a court could not charge $50 for filing an expungement…
How does a Mississippi county split federal national-forest payments between two school districts when the forest land sits in both?
The Board of Supervisors had discretion to choose the formula. Section 49-19-23 told the county to spend 50% of the federal Weeks Act receipts on schools, but did not require a per-acre, per-pupil,…
Can the same person serve as a Mississippi county administrator and a member of the Mississippi House of Representatives at the same time?
Yes, under the Mississippi separation of powers doctrine. The AG concluded that a county administrator does not exercise 'core powers,' so simultaneous service as a state representative is not…
Can a Kentucky fiscal court refuse to pay the CPI raise for elected county officials?
No. The Attorney General concluded that the Fulton County Fiscal Court may not decline to pay the Consumer Price Index salary increase for its elected county officials. KRS 64.5275 requires the…
Who could address patient mistreatment and staffing concerns at South Carolina mental health facilities?
The AG described layered personnel authority among hospital directors, the state director, and the Mental Health Commission. It said the commission could investigate patient-care complaints and…
Could South Carolina change the Heritage Act or a protected monument by a simple legislative majority?
The AG considered the Act generally constitutional, but said its statutory two-thirds vote rule likely could not bind a future legislature. It concluded protected monuments still needed legislative…
Does Delaware FOIA cover University of Delaware records about Joe Biden's senatorial papers stored at the UD library?
No. The University of Delaware is subject to Delaware FOIA only for full Board of Trustees meetings and records 'relating to the expenditure of public funds.' UD attested under oath that no public…
Can a Little Rock police officer block FOIA release of his 2017 disciplinary records while his appeal is still pending in circuit court?
No to blocking. AG Rutledge concluded that Lieutenant Farley's objection (that his 2017 disciplinary records were under appeal in Pulaski County Circuit Court) was not a sufficient basis to reverse…
How long could an Anderson County appointed school trustee serve after a vacancy?
The AG said the county board’s appointee served only until an elected successor took office on January 1 after the next general election, even if the vacant seat’s original term ran longer. It…
Did environmental mitigation on Chester County land violate a deed restriction allowing commercial use?
The AG could not decide without reviewing the deed and resolving facts about the proposed use. It said conservation on the tract itself might be noncommercial, while its role in a larger development…
Did Kentucky's COVID order against utility shutoffs stop a water company from disconnecting a meter someone turned on without permission?
No. The Attorney General concluded that Louisville Water Company would not violate Governor Beshear's executive order suspending utility disconnections if it shut off a water meter that had been…
Could Fayetteville release a police officer's suspension records with the proposed redactions under Arkansas FOIA?
Mostly yes. The AG found Fayetteville's planned release generally consistent with FOIA, but said some existing redactions may be excessive and additional redactions may be necessary. She did not…
Can a Texas school district keep and maintain a historic cemetery found on its property?
Yes, generally, the AG concluded. Representative Senfronia Thompson asked about Fort Bend Independent School District's authority to keep and maintain a cemetery discovered during construction, the…
Can a Texas river authority give up a surplus flood easement without getting fair market value?
Yes, the AG concluded. The San Antonio River Authority's chairman asked whether the Authority can release a surplus inundation easement (an easement letting the dams store floodwater on private…
Can a Texas county pay an invoice on an amended contract for work that was done before the amendment?
The AG gave general advice rather than ruling on the specific invoice, which he called a fact question for the commissioners court. Paying an amount the county already owed under the original…
Does occasionally renting out a school gym or auditorium for commercial events strip a school district's property tax exemption?
Not necessarily. Occasional commercial use of a school-owned facility (renting a gym, auditorium, or field) doesn't automatically strip the § 42-11104(A) tax exemption. But more than 'occasional'…
Could a county legislative delegation supervise its election board or hire its staff?
The AG said the delegation could recommend election-board appointees but had no additional authority to direct board operations, remove members, or oversee hiring. Those roles were assigned…
Can an Arkansas county declare itself a 'Bill of Rights' or 'Second Amendment sanctuary' or otherwise sovereign jurisdiction?
AG Rutledge could not give a definitive yes/no without seeing the specific ordinance text. She did establish: a county ordinance has no effect against state law it conflicts with, county…
Can an Arkansas insurer set up a subsidiary that owns part of a Medicaid risk-based provider organization, even if the insurer plus subsidiary together own more than 51%?
Yes. AG Rutledge concluded the Medicaid Provider-Led Organized Care Act does not bar an insurer from owning a subsidiary that has an ownership interest in a risk-based provider organization (RBPO),…
Can a Fairfax County retirement board member also serve on an advisory committee of the Virginia Retirement System Board?
No. The Virginia AG concluded that Va. Code § 51.1-124.26(C) bars any 'elected or appointed official,' regardless of branch or level of government, from serving on a VRS Board advisory committee. A…
Does a Texas state agency have to build a monument that a legislative resolution authorized?
No, the AG concluded. In 2007 the Legislature passed a concurrent resolution authorizing the State Preservation Board and the Texas Facilities Commission to approve and permit a privately funded…
Do double-decker tour buses have to follow Texas axle weight limits on interstate highways?
Yes, the AG concluded. Texas Transportation Code section 621.101(a)(2) caps tandem axle weight at 34,000 pounds, and double-decker over-the-road buses often exceed it. A bus operator argued that a…
Are dual-role public safety officers (who serve as both firefighters and law enforcement officers) eligible for Florida's firefighter cancer benefits?
The opinion applies a two-part statutory definition: the employee must work as a full-time firefighter, and the employing fire or public safety department must have the specified primary…
Are tattoo studios required to post Florida's human trafficking public awareness signs?
No. The AG concluded that tattooing is not bodywork services under section 787.29(3)(b), Florida Statutes. A tattoo establishment does not fall within that subsection solely because it offers…
Can a Mississippi tax assessor still get the $3,500 dual-office bonus if a deputy who works the assessor's office sometimes covers shifts in the tax collector's office?
The AG concluded that whether Franklin County's tax assessor/collector maintained 'two full-time offices' under Section 25-3-3(5) was a factual finding for the Board of Supervisors, considering all…
Can a Mississippi public improvement district use the county's real property sale statute to sell tax-forfeited property it owns?
Yes. The AG concluded a Mississippi public improvement district may sell or otherwise dispose of real property using either § 19-7-3 (the county real property sale statute) or § 17-25-25 (the…
What is the candidate qualifying deadline for a Mississippi circuit-court judge special election?
60 days before the election. The AG concluded that since neither § 23-15-849 nor § 23-15-833 specify a qualifying deadline for circuit court judge special elections, and § 23-15-977's March 1…
Does the Gulf Coast convention bureau have state-law authority to borrow, and did the AG decide its PPP eligibility?
The AG concluded that the Mississippi Gulf Coast Regional Convention and Visitors Bureau has neither express nor implied authority to borrow money under its 2013 enabling act. It expressly declined…
Can a Mississippi special-charter city remove civil-service protection from its police chief?
No. The AG concluded that even though McComb operates under a special charter, the Mississippi legislature made the civil service system in §§ 21-31-1 to 21-31-27 specifically applicable to McComb…
If a Mississippi city contracts with the county election commission to run its city elections, how much does the county get paid?
By agreement. The AG concluded that under Miss. Code Ann. § 23-15-221(2), if a Mississippi city abolishes its municipal election commission and contracts with the county election commission to…
Can a Mississippi elected official hire their grandchildren temporarily to open mail and answer phones during a busy season?
It depends on the job duties. The AG laid out the three-part nepotism test (relationship, appointing authority, prohibited position) but said only the hiring authority could decide on the third…
Is there still a Mississippi moratorium on permits for new or expanded swine concentrated animal feeding operations?
No. The Attorney General concluded in 2020 that the moratorium in § 49-17-29(3)(f) ended on January 1, 2000. The opinion separately quotes statutory language preserving county ordinances that were…
Could Richland County charge for autopsy reports under its own ordinance?
The AG concluded that the state medical-record copy-fee statute did not govern reports held by a coroner, so it did not preempt Richland County’s autopsy-copy fee ordinance. Only a court could…
Does a Texas mental health commitment hearing have to be recorded by an official court reporter?
Probably yes, the AG concluded. The Kerr County Attorney asked whether a hearing on an application for court-ordered mental health services, which Health and Safety Code section 574.031(g) says 'is…
Can a Texas county call a bond election to pay for fixing streets inside a city?
Yes, with limits, the AG concluded. The Sterling County Attorney asked whether a county could call a bond election under article III, section 52 of the Texas Constitution and use the money to…
After Janus, can a Texas public employer deduct union dues from an employee's paycheck without fresh consent?
Not safely, the AG concluded. A state representative asked how the U.S. Supreme Court's 2018 Janus decision affects Texas payroll deductions for public-sector union dues. The AG read Janus to mean a…
What did the Missouri AG approve about the ballot language voters would see for the 2020 Medicaid expansion constitutional amendment?
AG Eric Schmitt approved, under § 116.025, RSMo, the legal content and form of the fair ballot language statement that the Secretary of State drafted for petition 2020-063, the Heidi Miller…
Could parties use a South Carolina criminal subpoena to inspect a third party’s documents before trial?
The AG said the criminal rule authorized document production at a specified scheduled hearing or trial, not a separate pretrial inspection. Whether a particular appearance counted as a court…
If a Delaware city responds to my FOIA request slowly and I think the delay was deliberate to keep documents out of a public hearing, will the AG investigate?
No. The AG ruled Jeremy Rothwell's timeliness complaint against the City of Harrington was moot once the City eventually produced records, and refused to resolve the disputed allegation that the…
If a Virginia first responder catches COVID-19 at work, are they covered by workers' compensation and the Line of Duty Act?
Yes, with caveats. A first responder covered by workers' compensation who becomes ill from a work-related COVID-19 exposure can recover under the Act, and if COVID-19 is an upper-respiratory disease…
Can a Texas city enforce its development rules on a water district building or rebuilding a dam, or does state law preempt that?
Mostly not preempted, the AG concluded. A House committee chair asked whether the City of Austin could apply its development ordinances to the Upper Brushy Creek Water Control and Improvement…
Did Illinois law allow Governor Pritzker to issue back-to-back COVID-19 disaster proclamations beyond the original 30-day emergency-powers window without legislative approval?
The AG concluded that an earlier 2001 informal opinion (No. I-01-028), which had suggested 30 days was the absolute outer limit, had failed to consider critical legislative history. The General…
Can a Mississippi PERS retiree elected as Transportation Commissioner keep getting retirement benefits and partial pay?
Generally no. The AG concluded that the Transportation Commissioner's salary is fixed at $78,000 by Miss. Code Ann. § 25-3-31 and cannot be reduced or waived. So § 25-11-127(4)(a)'s half-salary path…
Is a Kentucky utility board member's resignation effective if the mayor refuses to accept it?
No. The Attorney General concluded that a member of the Glasgow Electric Plant Board who tendered his resignation remained on the board because the mayor refused to accept it and never appointed a…
Can a Mississippi state legislator be appointed Executive Director of the Public Utilities Staff?
Yes, with separate ethics review. The AG concluded that the Executive Director of the Mississippi Public Utilities Staff is a fixed six-year term position under § 77-2-7(1). A sitting legislator may…
Who paid to maintain Winnsboro’s public-access channel character generator?
The AG could not assign the cost without knowing the equipment’s function. Under the statute it analyzed, the cable certificate holder handled transmission and connectivity, while the town handled…
Could a pawnbroker sue a sheriff’s office after police seized a stolen firearm?
The AG said the statutes did not categorically exempt a sheriff’s office from a claim-and-delivery action, but the proper defendant in a specific case was for a court. It described pawnbroker rights…
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