State AG Opinions
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Can a Delaware city council go into executive session to get legal advice about zoning, then come back into open session and vote?
The Delaware AG concluded that the City of Lewes violated FOIA by using an executive session under the 'exempt-documents' provision to get general legal advice on a zoning decision and then voting on …
Can a Virginia coalfield county use coal and gas severance tax revenue to fund repair of a town's water system?
Yes. Dickenson County, as a member of the Virginia Coalfield Economic Development Authority, may appropriate a portion of its local coal and gas road improvement severance tax revenues to fund repair …
How does Delaware count the 15-day FOIA response clock when a request is sent to the wrong contact at a public body?
The Delaware AG concluded that the New Castle County Police did not violate FOIA's timeliness rules. A request submitted to a different officer (not the official FOIA Coordinator listed on the website…
Can Delaware FOIA be used to demand the legal reasoning a state agency used to deny a previous FOIA request?
The Delaware AG concluded DNREC did not violate FOIA when it denied a follow-on request seeking the 'bases and reasoning' for an earlier FOIA denial. The requested records were either not records at a…
Why did the Missouri AG reject Winston Apple's initiative petition 2020-041?
Rejected for the same technical-form failure as petition 2020-040. The AG concluded petition 2020-041 did not include deletions in brackets and additions underlined as required by § 116.050, RSMo. Bec…
Is a mayor's hand-picked advisory committee on water rates subject to Delaware's open meetings law?
The Delaware AG concluded that the City of Rehoboth Beach's wastewater working group was a public body under FOIA. Because the committee was appointed by the Mayor (a public official) and was charged …
Why can't I get free copies of Delaware corporate records through a FOIA request to the Department of State?
The Delaware AG concluded that the Department of State did not violate FOIA when it required a requester to pay the statutory $10 per page fee under 6 Del. C. § 18-1105(a)(5). That special statute exp…
Can a Delaware municipality charge a reporter thousands of dollars in vendor fees to fulfill a FOIA request for emails?
The Delaware AG concluded that Wilmington did not violate FOIA when it charged a reporter outside-vendor search fees for a broad multi-year email request. The City supported the need for a vendor with…
Why did the Missouri AG reject Winston Apple's initiative petition 2020-040?
Rejected for technical-form failure. The AG concluded petition 2020-040 did not include 'all matter which is to be deleted included in its proper place enclosed in brackets and all new matter shown un…
Did the Missouri AG approve the ballot summary for Damien Johnson's Article III petition 2020-030 on initiative-process reforms?
Yes. The AG approved the form of the Secretary of State's summary statement for Damien Johnson's initiative petition 2020-030. The statement asked voters whether to amend the Missouri Constitution to …
If someone in Tennessee commits a crime against a person because that person is transgender, can the court use the hate-crime sentence enhancement under Tenn. Code Ann. § 40-35-114(17)?
Yes. Tenn. Code Ann. § 40-35-114(17) lets a Tennessee sentencing court enhance a defendant's sentence when the defendant intentionally selected the victim because of the defendant's belief or percepti…
Did the Missouri AG approve the fiscal note summary for Damien Johnson's Article III initiative petition 20-032?
Yes. The AG approved as to legal content and form the State Auditor's fiscal note summary for Damien Johnson's initiative petition 20-032, a proposed amendment to Article III of the Missouri Constitut…
Did the Missouri AG approve the ballot summary for Gerald Peterson's petition 2020-027 expanding Medicaid and family-planning funding?
Yes. The AG approved the form of the Secretary of State's summary statement for Gerald Peterson's initiative petition 2020-027. The statement asked voters whether to amend Chapter 208 of RSMo to (1) e…
Did the Missouri AG approve the ballot summary for Gerald Peterson's petition 2020-026 reinstating the corporate franchise tax?
Yes. The AG approved the form of the Secretary of State's summary statement for Gerald Peterson's initiative petition 2020-026. The statement asked voters whether to amend Chapter 147 of RSMo to reins…
Did the Missouri AG approve the ballot summary for Damien Johnson's earlier Article III petition 2020-025 on initiative-process reforms?
Yes. The AG approved the form of the summary statement for Damien Johnson's initiative petition 2020-025, the earliest in his series of Article III initiative-process reform petitions. The package is …
Did the Missouri AG approve the ballot summary for Patricia Thomas's Article V petition 2020-024 (version 2) making appellate judges run in nonpartisan-but-endorsable elections?
Yes. The AG approved the form of the Secretary of State's summary statement for Patricia Thomas's initiative petition 2020-024, version 2. This version (paired with the more strictly partisan version …
Did the Missouri AG approve the ballot summary for Patricia Thomas's Article V petition 2020-023 making appellate judges run in partisan elections?
Yes. The AG approved the form of the Secretary of State's summary statement for Patricia Thomas's initiative petition 2020-023, version 1. The statement asked voters whether to amend Article V of the …
Did the Missouri AG approve the Secretary of State's summary statement for Patricia Thomas's 2020-022 initiative petition combining right-to-work, prevailing-wage repeal, and a criminal penalty?
Yes. AG Eric Schmitt approved as to legal content and form the Secretary of State's proposed summary statement for Patricia Thomas's 2020-022 initiative petition, a proposed amendment to Article XIV, …
Did the Missouri AG approve the Secretary of State's summary statement for Patricia Thomas's 2020-021 petition restricting removal or renaming of historic memorials on Missouri public property?
Yes. AG Eric Schmitt approved as to legal content and form the Secretary of State's proposed summary statement for Patricia Thomas's 2020-021 initiative petition, a proposed amendment to Article XIV, …
Did the Missouri AG approve the Secretary of State's summary statement for Patricia Thomas's 2020-020 initiative petition requiring municipalities to cooperate with U.S. Immigration and Customs Enforcement (ICE)?
Yes. AG Eric Schmitt approved as to legal content and form the Secretary of State's proposed summary statement for Patricia Thomas's 2020-020 initiative petition, a proposed amendment to Article VI of…
Did the Missouri AG approve the Secretary of State's summary statement for Patricia Thomas's 2020-019 right-to-work initiative petition amending Article I of the Missouri Constitution?
Yes. AG Eric Schmitt approved as to legal content and form the Secretary of State's proposed summary statement for Patricia Thomas's 2020-019 initiative petition, a proposed amendment to Article I of …
Can the Missouri Ethics Commission receive complaints and issue advisory opinions about violations of Amendment 1's two-year lobbying waiting-period and five-dollar gift-limitation provisions?
Yes to both. AG Eric Schmitt concluded that § 105.957.1(6), RSMo, which authorizes the Missouri Ethics Commission (MEC) to receive complaints about constitutional or statutory provisions 'relating to …
Could Washington physician assistants and advanced registered nurse practitioners perform pre-viability aspiration procedures within their scope of practice?
Yes. The 2019 Washington AG opinion read the Reproductive Privacy Act together with the physician assistant and advanced registered nurse practitioner statutes to allow PAs and ARNPs to perform pre-vi…
Can a Virginia county let a private bank, instead of the county itself, run the billing and lien enforcement for a PACE clean-energy loan?
Yes. The Virginia AG concluded that under § 15.2-958.3, a locality is not required to do the billing and collection itself; it may contract with a third-party administrator or with the private capital…
Can a police department release a fired officer's personnel and investigative records under FOIA over the officer's objection?
Yes. The Fort Smith Police Department's decision to release the records was consistent with FOIA. The terminated employee's belief that his termination was unfounded was not a legally sufficient groun…
Can an Arkansas city swap real estate worth more than $20,000 with a state agency without competitive bidding?
No. The 2017 amendments to Ark. Code Ann. § 14-54-302 require competitive bidding for any city disposal of real estate valued at $20,000 or more, and an exchange counts as a disposal. Legislative clar…
Does West Virginia's 2019 Senate Bill 451 (the Comprehensive Education Reform Bill) violate the West Virginia Constitution's rule that a bill can only address a single object?
The AG concluded that SB 451 likely satisfied the single-object requirement of W. Va. Const. art. VI, § 30. Its detailed multi-page title fairly described every provision, the bill's many provisions (…
Did the Missouri AG approve, as to form, Rik Combs's initiative petition 2020-038 proposing an amendment to Article X of the Missouri Constitution?
Yes, as to form only. AG Eric Schmitt approved as to form, under § 116.332, RSMo, Rik Combs's initiative petition 2020-038, a proposed amendment to Article X of the Missouri Constitution. The AG empha…
Did the Missouri AG approve the State Auditor's fiscal note summary for Damien Johnson's 20-030 initiative petition amending Article III of the Missouri Constitution?
Yes. AG Eric Schmitt approved as to legal content and form the State Auditor's fiscal note summary for Damien Johnson's initiative petition 20-030, a proposed amendment to Article III of the Missouri …
Why did Arkansas reject the popular name and ballot title for the 2019 cannabis industry constitutional amendment?
The AG rejected the entire submission. The proposed amendment was so long and complex that voters could not have made an intelligent choice in the limited time of the voting booth, which made any ball…
What is Florida's qualifying statute for the federal Rape Survivor Child Custody Act, and is it still in force?
Section 39.806(1)(m), Florida Statutes, enacted in 2013, is Florida's RSCCA-qualifying statute. The Florida AG's office certified in January 2019 that the statute had not been amended since enactment …
Can a city release a former employee's ID photograph and personnel file under FOIA over the employee's objection?
The custodian's withholding of address, date of birth, telephone number, and Social Security number was consistent with FOIA. The decision to release the employee's photograph was likely consistent wi…
Did the Missouri AG approve the State Auditor's fiscal note summary for Gerald Peterson's initiative petition (20-027) amending Chapter 208 of the Revised Statutes (Medicaid)?
Yes. AG Eric Schmitt approved as to legal content and form the State Auditor's fiscal note summary for Gerald Peterson's initiative petition 20-027, a proposed statutory amendment to Chapter 208 of th…
Did the Missouri AG approve the State Auditor's fiscal note summary for Gerald Peterson's 20-026 initiative petition amending Chapter 147 of the Revised Statutes (corporate franchise tax)?
Yes. AG Eric Schmitt approved as to legal content and form the State Auditor's fiscal note summary for Gerald Peterson's initiative petition 20-026, a proposed statutory amendment to Chapter 147, Revi…
Did the Missouri AG approve the State Auditor's fiscal note summary for Damien Johnson's 20-025 initiative petition amending Article III of the Missouri Constitution?
Yes. AG Eric Schmitt approved as to legal content and form the State Auditor's fiscal note summary for Damien Johnson's initiative petition 20-025, a proposed amendment to Article III of the Missouri …
Did the Missouri AG approve the State Auditor's fiscal note summary for Patricia Thomas's initiative petition (20-023) amending Article V of the Missouri Constitution?
Yes. AG Eric Schmitt approved as to legal content and form the State Auditor's fiscal note summary for Patricia Thomas's initiative petition 20-023, a proposed amendment to Article V of the Missouri C…
Did the Missouri AG approve the State Auditor's fiscal note summary for Patricia Thomas's initiative petition (20-022) amending Article XIV of the Missouri Constitution?
Yes. AG Eric Schmitt approved as to legal content and form the State Auditor's fiscal note summary for Patricia Thomas's initiative petition 20-022, a proposed amendment to Article XIV of the Missouri…
Did the Missouri AG approve the State Auditor's fiscal note summary for Patricia Thomas's initiative petition (20-021) amending Article XIV of the Missouri Constitution?
Yes. AG Eric Schmitt approved as to legal content and form the State Auditor's fiscal note summary for Patricia Thomas's initiative petition 20-021, a proposed amendment to Article XIV of the Missouri…
Did the Missouri AG approve the State Auditor's fiscal note summary for Patricia Thomas's initiative petition (20-020) amending Article VI of the Missouri Constitution?
Yes. AG Eric Schmitt approved as to legal content and form the State Auditor's fiscal note summary for Patricia Thomas's initiative petition 20-020, a proposed amendment to Article VI of the Missouri …
Did the Missouri AG approve the State Auditor's fiscal note summary for Patricia Thomas's initiative petition (20-019) amending Article I of the Missouri Constitution?
Yes. AG Eric Schmitt approved as to legal content and form the State Auditor's fiscal note summary for Patricia Thomas's initiative petition 20-019, a proposed amendment to Article I of the Missouri C…
Can a state agency release a list of employee names, titles, salaries, start dates, gender, and race under Arkansas FOIA?
Yes. The Arkansas Department of Finance and Administration's decision to release a list of employee names, titles and divisions, salaries, start dates, genders, and races was consistent with FOIA. The…
Can Delaware DNREC refuse a FOIA request from someone it is suing because the records relate to the lawsuit?
The Delaware AG concluded DNREC did not violate FOIA when it refused to produce records to an attorney whose clients DNREC was suing over a dry cleaning site, because the records pertained to that pen…
Can a Texas county give money to a school district or hospital district?
Only if the spending serves a genuine county purpose and meets the constitution's public-funds test, the AG advised. A Midland County attorney asked whether the county could pay a school district for …
Can a Texas community college district get federal surplus land for a park or recreation use?
Yes, no state law forbids it, the AG advised, as long as the use serves a public purpose of the district. State Senator Eddie Lucio, Jr. asked whether the Texas Southmost College District's board of t…
Can a Texas county pay travel, tuition, and dues for a contractor who isn't a county employee?
Travel expenses, yes if the worker was acting as a county agent on authorized county business; the other costs are harder, the AG advised. After Hurricane Harvey, Newton County contracted through Work…
Are payments a Texas county gets from hosting a waste disposal facility public funds it must oversee?
Yes, they are public funds, and the county cannot hand them off without keeping oversight, the AG advised. Andrews County receives five percent of the gross receipts from a compact (low-level radioact…
Did Missouri's AG approve the form of the Carlton McRoberts 'Miranda Rights' initiative petition version 2 (2020-037)?
No. The AG concluded the petition had to be rejected because it was not in the form prescribed by § 116.040, RSMo, and did not show deletions in brackets and new matter underlined as required by § 116…
Did Missouri's AG approve the form of the Carlton McRoberts 'Miranda Rights' initiative petition (2020-036)?
No. The AG concluded the petition had to be rejected because it was not in the form prescribed by § 116.040, RSMo, and did not show deletions in brackets and new matter underlined as required by § 116…
Did Missouri's AG approve the Secretary of State's summary statement for the Michael Louis labor-union initiative petition version 4 (2020-015)?
Yes. The AG approved the legal content and form of the Secretary of State's proposed summary statement for the 2020-015 version 4 petition, which would have asked Missouri voters to amend Article I of…
Did Missouri's AG approve the Secretary of State's summary statement for the Michael Louis labor-union initiative petition version 3 (2020-014)?
Yes. The AG approved the legal content and form of the Secretary of State's proposed summary statement for the 2020-014 version 3 petition, which would have asked Missouri voters to amend Article I of…
Did Missouri's AG approve the Secretary of State's summary statement for the Michael Louis labor-union initiative petition version 2 (2020-013)?
Yes. The AG approved the legal content and form of the Secretary of State's proposed summary statement for the 2020-013 version 2 petition, which would have asked Missouri voters to amend Article I of…
Did Missouri's AG approve the Secretary of State's summary statement for the first Michael Louis labor-union initiative (Petition 2020-012)?
Yes. The AG approved the legal content and form of the Secretary of State's proposed summary statement for Petition 2020-012, version 1, which asked voters whether they wanted to prohibit any law rest…
Did Missouri's AG approve the form of the Winston Apple initiative petition to amend Article III, version 2 (Petition 2020-035)?
No. The AG rejected the form because the petition did not show deletions in brackets and new matter underlined as required by § 116.050, RSMo. Same defect as version 1, opinion 16-2019.
Did Missouri's AG approve the form of the Winston Apple initiative petition to amend Article III (Petition 2020-034, version 1)?
No. The AG rejected the form because the petition did not show deletions in brackets and new matter underlined as required by § 116.050, RSMo. The Secretary of State retains final authority under § 11…
Did Missouri's AG approve the form of the Shetova Hayes initiative petition to amend Chapter 558, RSMo (Petition 2020-033)?
No. The AG rejected the form because the petition was not in the form prescribed by § 116.040, RSMo, and did not comply with § 116.060, RSMo. The Secretary of State retains final authority under § 116…
Did Missouri's AG approve the form of the Damien Johnson initiative petition for amending Article III (2020-032)?
Yes. The AG approved the petition's form under § 116.332, RSMo. The approval is not a determination on substance or an endorsement; under § 116.332, the Secretary of State has final authority to appro…
Did Missouri's AG approve the form of Theodis Brown's initiative petition to amend Chapter 320 of the Revised Statutes of Missouri (Petition 2020-031)?
No. The AG rejected the petition because it was not in the form prescribed by § 116.040, RSMo, and did not show deletions in brackets and new matter underlined. The Secretary of State retains final au…
Can a city release the place of residence of every Little Rock firefighter under FOIA, or is that protected?
Withholding the firefighters' 'place of residence' was consistent with FOIA, but the controlling reason was Ark. Code Ann. 25-19-105(b)(13) (personal contact information including home addresses), not…
Can an Arkansas city release a job applicant's application under FOIA over the applicant's objection?
Yes. Job applications and resumes for public-employee positions are personnel records under the Arkansas FOIA, releasable after redacting exempt personal information. The applicant's stated dislike of…
When West Virginia legalized medical marijuana, did the state have any way to protect banks and credit unions that wanted to serve cannabis businesses from federal liability?
The AG concluded that because marijuana is still a Schedule I controlled substance under federal law, no state action could fully shield financial institutions from federal civil or criminal exposure.…
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