State AG Opinions
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Did Missouri's AG approve the form of Damien Johnson's initiative petition to amend Article III of the Missouri Constitution (Petition 2020-030)?
Yes. The AG approved the petition's form under § 116.332, RSMo. The subject line says 'rejection' but the body of the letter approves the form. The body governs. The Secretary of State has final autho…
Did Missouri's AG approve the form of Rik Combs's initiative petition to amend Article X of the Missouri Constitution (Petition 2020-029)?
No. The AG rejected the petition because it was not in the form prescribed by § 116.040, RSMo. The Secretary of State retains final authority under § 116.332.4.
Did the Missouri Attorney General approve the form of Gerald Peterson's initiative petition to amend Chapter 115?
No. AG Eric Schmitt rejected the form of Gerald Peterson's initiative petition (2020-028) to amend Chapter 115, Revised Statutes of Missouri. The petition failed to enclose deletions in brackets and u…
Can a Florida city or county pass its own ordinance regulating e-cigarettes, vaping, and nicotine sales, or has the Florida Legislature preempted local regulation?
The Florida AG concluded in 2019 that section 877.112 does not expressly or impliedly preempt local regulation of nicotine products. The word 'preemption' appears only in the section heading; the body…
Can a Florida county accept a notarized photocopy of a signed-and-sealed engineering or architecture document for permit review, instead of the original?
No. The Florida AG concluded in 2019 that a notary's attestation that a copy is 'true and correct' or that the original signature 'complies with state law' does not turn the copy into the legal equiva…
When Florida voters change a county school superintendent from an elected to an appointed position, can the school board immediately replace the sitting elected superintendent?
No. The Florida AG concluded in 2019 that Article IX, section 5 of the Florida Constitution does not contain the clear and unequivocal language needed to cut short an elected superintendent's four-yea…
Did Missouri's AG approve the form of Gerald Peterson's initiative petition to amend Chapter 208 of the Revised Statutes of Missouri (Petition 2020-027)?
Yes. The AG approved the petition's form under § 116.332, RSMo. The approval does not speak to substance and does not preclude the Secretary of State from rejecting the petition.
Did Missouri's AG approve the form of Gerald Peterson's initiative petition to amend Chapter 147 of the Revised Statutes of Missouri (Petition 2020-026)?
Yes. The AG approved the petition's form under § 116.332, RSMo. The approval does not speak to substance and does not preclude the Secretary of State from rejecting the petition. Final authority on fo…
Did the Missouri Attorney General approve the form of Damien Johnson's initiative petition to amend Article III of the Missouri Constitution?
Approved as to form only. AG Eric Schmitt approved the form of Damien Johnson's initiative petition (2020-025) to amend Article III of the Missouri Constitution. The Secretary of State has final autho…
Did the Missouri Attorney General approve the form of Patricia Thomas's initiative petition to amend Article V (Version 2) of the Missouri Constitution?
Approved as to form only. AG Eric Schmitt approved the form of Patricia Thomas's initiative petition (2020-024) to amend Article V, Version 2, of the Missouri Constitution. The Secretary of State has …
Did the Missouri Attorney General approve the form of Patricia Thomas's initiative petition to amend Article V (Version 1) of the Missouri Constitution?
Approved as to form only. AG Eric Schmitt approved the form of Patricia Thomas's initiative petition (2020-023) to amend Article V, Version 1, of the Missouri Constitution. The Secretary of State has …
Did the Missouri Attorney General approve the form of Patricia Thomas's initiative petition to amend Article XIV, Sections 1-5 of the Missouri Constitution?
Approved as to form only. AG Eric Schmitt approved the form of Patricia Thomas's initiative petition (2020-022) to amend Article XIV, Sections 1-5 of the Missouri Constitution. The Secretary of State …
Did the Missouri Attorney General approve the form of Patricia Thomas's initiative petition to amend Article XIV, Section 1 of the Missouri Constitution?
Approved as to form only. AG Eric Schmitt approved the form of Patricia Thomas's initiative petition (2020-021) to amend Article XIV, Section 1 of the Missouri Constitution. The Secretary of State sti…
Did the Missouri Attorney General approve the form of Patricia Thomas's initiative petition to amend Article VI of the Missouri Constitution?
Approved as to form only. AG Eric Schmitt approved the form of Patricia Thomas's initiative petition (2020-020) to amend Article VI of the Missouri Constitution. The Secretary of State has final autho…
Did the Missouri Attorney General approve the form of Patricia Thomas's initiative petition to amend Article I of the Missouri Constitution?
Approved as to form only. AG Eric Schmitt approved the form of Patricia Thomas's initiative petition (2020-019) to amend Article I of the Missouri Constitution. The Secretary of State has final author…
Does a Texas county clerk have to record a printed-out copy of an electronically signed document?
It depends entirely on which statute governs the document, the AG advised. The Guadalupe County Clerk's office does not accept electronic recording, and filers used to e-recording elsewhere were tryin…
Can a funeral home decide burial or cremation from what someone bought in a prepaid funeral plan?
No, the AG advised. The Texas Banking Commissioner asked whether a funeral provider may infer a decedent's preferred method of disposition — burial, cremation, or another option — from the contents of…
When does a Texas home-rule city treat a council member as absent, and when must a member abstain from a vote?
The AG advised that both questions depend on facts and charter language it cannot resolve in an opinion, but gave the governing principles. On the absence question, the AG concluded that without a req…
Can a Texas county spend its chapter 324 health-services sales tax on mosquito control, animal services, or emergency management?
It depends on the specific expense, the AG advised. Chapter 324 of the Tax Code lets certain counties impose a sales and use tax, but section 324.081 says the revenue 'may be used only to provide heal…
How should the Texas General Land Office report the Permanent School Fund as nonspendable in its annual financial statements?
The AG advised that the Permanent School Fund is nonspendable except for the specific distributions and payments the Texas Constitution authorizes, and it should be classified that way. Article VII, s…
Can the same person be a Texas county judge and a school board trustee at the same time?
No, the AG concluded, at least where the county and the school district cover the same ground. The Webb County Attorney asked about a person who, while serving as a Jim Hogg County Independent School …
Can a Texas state legislator also work as the paid president of a municipal management district?
It depends on whether the legislator is an employee or an independent contractor, the AG advised, confirming an earlier opinion (GA-0386). Article XVI, section 40(d) of the Texas Constitution says no …
Can a Texas legislator be paid by a city or county to represent it before a state agency?
Generally yes as a contractor, but not as the local government's employee, the AG advised. No statute specifically stops a legislator from accepting compensation to represent a unit of local governmen…
If a Florida county mayor personally appoints a constituent advisory group, does the Sunshine Law require the group to meet in public?
It depends on what the group does, not who appointed it. The Florida AG concluded in 2019 that an advisory group formed by Broward County Mayor Mark Bogen would be subject to the Sunshine Law if it ma…
Do Arizona's three state universities have to send the state a share of licensing and royalty income before deducting expenses, or only after?
Before deducting expenses. The AG read A.R.S. § 15-1670(G)'s use of 'income' to mean gross income, so the universities owe their statutory percentage on the full amount received from licenses, royalti…
Can a county library board offer employee benefits that the quorum court has not approved for other county employees?
Library employees were not categorically barred from receiving benefits unavailable to other county employees, but counties had to keep employee policies uniform under Ark. Code Ann. 14-14-805(2). The…
Does an Arkansas county's no-interest line of credit to repair a road grader fall within the Amendment 78 short-term financing rules?
A no-interest line of credit can fit within Amendment 78's short-term financing rules so long as the amendment's purposes, conditions, and limits are met. But the AG concluded that rebuilding a road g…
When a charter school abruptly closes mid-year, who can authorize the Arizona Department of Education to update student records so kids can enroll elsewhere?
The supervisory entity can. When an Arizona charter school abruptly closes and can't update its student data, the State Board for Charter Schools (or other sponsoring entity) can authorize ADE to make…
What legal options exist when Virginia public school buildings are too run-down to give students a good education?
The Virginia AG concluded that federal civil rights laws (Equal Protection, Title VI, the Equal Educational Opportunities Act, and Title IX) can address school inequalities only when they result from …
When is a Virginia waterfront facility exempt from VMRC bottomland-use royalties, and does a watercraft dealer license or oyster offloading qualify?
The Virginia Marine Resources Commission has authority to make reasonable, fact-based determinations about whether a facility qualifies as a 'commercial facility' under Code § 28.2-1206(B) and therefo…
Could a Pope County judge sign a casino-support letter despite a county ordinance limiting that authority, and could a successor revoke it?
The Attorney General declined to answer because the questions were already pending in Pope Circuit Court in Knight v. Gibson, and longstanding office policy is to avoid opinions on matters before the …
Can an Arkansas quorum court delay action indefinitely on a fire department's request to levy dues on real property tax statements?
There is no statutory deadline requiring the quorum court to take up a fire department's section 14-20-108 dues levy request at its next meeting. But the statute may not be stymied by tabling indefini…
Can someone in Arkansas hold both a public school board seat and the office of county coroner at the same time?
It depends on the order. A sitting school board member can run for and serve as coroner because Article 19, section 26 expressly allows officers of public schools to be elected to executive office. Bu…
Can the Arkansas General Assembly regulate or amend a county sheriff's contract for jail commissary services?
The opinion declined to give a definitive answer in the abstract, but noted that a sheriff cannot unilaterally contract for the county. That authority sits with the county judge under Amendment 55. Th…
Does the Criminal Justice Institute have to provide school active-shooter training when only discretionary funds, not an appropriation, are available?
No. Ark. Code Ann. 6-15-1303(c)(1) makes the Criminal Justice Institute's school safety training obligation 'subject to an appropriation and funding.' Discretionary funds committed by the Commissioner…
Can the Bella Vista Property Owners Association legally shut off a member's water for unpaid POA dues?
The AG declined to opine. Whether the Bella Vista POA may shut off water for unpaid POA dues is a question of contract between the POA (a private nonprofit) and its members. The AG is statutorily barr…
Do Arkansas police officers have authority to take someone into custody for mental health screening when their county has no crisis stabilization unit?
Without a designated crisis stabilization unit in place, the Behavioral Health Crisis Intervention Protocol Act of 2017 does not authorize officers to take someone into custody. But Ark. Code Ann. 20-…
Can Arkansas license a nurse who was convicted of arson out of state but later pardoned by that state's governor?
No. A nolo contendere plea or conviction for one of the offenses listed in Ark. Code Ann. 17-87-312(l)(2), including first-degree arson, is a permanent bar to Arkansas nursing licensure. A pardon from…
Does a Tennessee legislator have to disclose travel paid for by a foreign government, or does the 'governmental entity' exemption cover it?
Probably yes (must disclose). The Tennessee AG concluded the disclosure exemption for travel paid by a 'governmental entity' is ambiguous on foreign governments, but the statutory context and legislat…
Do California's open-meeting, public-records, and government-ethics laws apply to charter schools the same way they apply to traditional public schools?
Yes. The AG concluded charter schools and their governing bodies are subject to the Ralph M. Brown Act, the Public Records Act, the Government Code section 1090 conflict rule, and the Political Reform…
Can a Washington local clean air agency regulate odors from cannabis production facilities, including by setting standards stricter than the state's, and what procedures must it follow?
Yes. Local clean air agencies have broad statutory authority to regulate odors as 'air contaminants' under the Clean Air Act, can set rules stricter than state standards, and need not wait for the Dep…
Can a Florida municipality allow homeowners to use accessory structures (like guesthouses or sleeping sheds) for sleeping but ban them from being rented out separately as vacation rentals?
Yes. The Florida AG concluded in 2018 that a sleeping-only accessory structure (no kitchen, no independent living facilities) is not a 'dwelling unit' and so is not a 'vacation rental' under section 5…
Which of the new misdemeanor crimes the Georgia legislature created in 2018 should require fingerprinting at arrest?
The AG designated 3 of the 9 reviewed misdemeanors as fingerprintable: knowingly misusing a law enforcement agency's captured license plate reader (ALPR) data under § 35-1-22(d)(1) (a high-and-aggrava…
Does Arkansas State University at Newport count as a 'public school' under Amendment 98's medical marijuana siting rules?
A reviewing court would likely defer to the Arkansas Medical Marijuana Commission's interpretation of 'public school' to exclude colleges and universities, including Arkansas State University at Newpo…
Is a Florida county tax collector a 'revenue officer' under § 790.25(3)(d), allowing open carry of a firearm without a concealed-carry license?
No. The Florida AG concluded in 2018 that a county tax collector is not a 'revenue officer' for purposes of the firearm open-carry exception in section 790.25(3)(d). That exception is limited to peace…
Can a county release a successful job applicant's records to a TV station under Arkansas FOIA, and what redactions are appropriate?
The decision to release the job applications was generally consistent with FOIA. The AG could not opine on every redaction without seeing the unredacted records, but flagged the redaction of reference…
Can the Tennessee legislature legalize sports betting without amending the state constitution?
It depends on the type of contest. The Tennessee AG concluded the state constitution's lottery ban means the legislature can authorize sports betting only when skill (not chance) is the dominant facto…
Were the 'Wyoming Skill Games' that started appearing in Wyoming bars and convenience stores actually slot machines under state gambling law?
Yes. Wyoming AG Peter Michael concluded the Banilla 'Wyoming Skill Games' (Nudge and Hot Swap variants) were illegal gambling devices. The 'Prize Viewer' and the 15-second nudge or swap window did not…
Why did Arkansas reject the popular name and ballot title for the 2018 ranked voting constitutional amendment?
The AG rejected the entire submission. The ballot title was internally inconsistent (claiming both to 'avoid' and 'eliminate' runoffs), tinged with partisan coloring, and the proposed measure itself w…
Can a non-Delaware researcher obtain a database snapshot of Delaware's Online Wanted Person Review via FOIA?
No. The AG concluded DELJIS properly denied the request because the petitioner was not a Delaware citizen. Citing McBurney v. Young, the AG reaffirmed that Delaware FOIA's record-access rights are lim…
When a Delaware city quotes thousands of dollars to fulfill a journalist's FOIA request for emails and text messages, can the AG's office review whether those cost estimates are reasonable?
Yes, the AG can review fee estimates for reasonableness, but the AG accepted the City of Wilmington's sworn affidavits supporting its estimates and found no FOIA violation. Estimates for already-revis…
Can someone get around Delaware FOIA's pending-litigation exemption by filing the request in a personal capacity while their advocacy organization is appealing the same permit?
No. The AG concluded DNREC properly withheld well-test data tied to a pending Environmental Appeals Board appeal because a member of the appellant organization cannot route around the litigation exemp…
Can a Delaware FOIA requester force an agency to run a custom database query and produce results in a specific format like Excel?
No. The AG concluded DNREC did not violate FOIA because the requested database extract did not exist as a record and creating it would require new programming. Public bodies must produce existing reco…
Can employees of JAUNT (a transit corporation whose stock is owned by Virginia cities and counties) participate in Virginia's local health benefits program?
No. Employees of a public service corporation organized under Title 13.1 of the Code of Virginia and owned by local government entities (such as JAUNT, Inc.) are not eligible to participate in Virgini…
Can a Virginia court give credit toward fines and costs for community service work performed while a defendant is in a state prison, detention center, or diversion center?
No. Va. Code § 19.2-354(C) authorizes community-service credit only for work performed 'before or after imprisonment,' not during incarceration. The Supreme Court of Virginia has held that participati…
Does a California city's land outside its city limits, in an unincorporated part of a neighboring county, have to follow that county's zoning and building rules? What about a private business that leases the land from the city?
No, the city's own use of the land is not subject to county zoning or building ordinances, even when the land sits in unincorporated county territory. The city does not have to apply its own zoning to…
Who qualifies for paid sick leave under Washington's Initiative 1433, by when does an employer have to allow accrued leave to be used in 2018, and does the 40-hour carryover rule apply to front-loaded leave?
Same employee definition as the rest of the Minimum Wage Act (RCW 49.46.010(3)). Employees who had been with the employer for 90 days as of January 1, 2018, were entitled to use leave on that date. An…
Why did Arkansas reject the 2020 recreational marijuana ballot title?
The AG rejected the entire submission. The measure was virtually identical to one already rejected in Op. 2018-119, and the same threshold defects in the proposal itself made it impossible to draft a …
Can a Tennessee business be sued if its publicly displayed AED is used by an untrained employee or stranger?
Possibly, depending on the facts. The Tennessee AG concluded an untrained user is covered by the Good Samaritan Law (no liability without gross negligence), but a business that lets untrained people u…
Can a Texas school district refuse to do business with vendors that work with charter schools?
Likely not, the AG advised. A state senator was concerned that some school districts might be requiring vendors to agree not to work with Texas charter schools as a condition of contracting. Section 4…
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