State AG Opinions
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Can a Texas sheriff pay a deputy a salary stipend out of jail commissary funds?
Possibly, and the call is the sheriff's to make in the first place, the AG advised. A district attorney asked whether the Hunt County sheriff could use county jail commissary funds (money generated…
Can a Texas court order a defendant's rearrest without a hearing for violating pretrial bond conditions?
Likely yes, the AG advised. A district attorney asked whether a trial court could, without a hearing, sign an arrest warrant for a defendant who was released on pretrial bond conditions when…
Can a Texas county treasurer sell abandoned property through an online auction?
It depends on which sale, the AG advised. A county attorney asked whether a county treasurer could use an online auction site to sell unclaimed property under Chapter 76 of the Property Code, which…
Did the Idaho AG flag legal problems with the Reclaim Idaho 'Quality Education Act' initiative that would have raised income taxes on high earners and corporations to fund K-12 schools?
Yes. AG Wasden's Certificate of Review identified a single-subject-rule risk (combining a tax-rate increase with a new education fund), drafting deviations from existing tax-bracket structure (a…
Could South Carolina’s disabilities commission act with only two of its three remaining members?
The AG predicted no. The commission’s authorized membership was seven, so four members were needed for a quorum despite vacancies; it identified interim gubernatorial appointments and possible…
Did the Missouri AG approve the form of DeeAnn Aull's 2019 Article IX education-funding initiative petition (version 2, file 2020-122)?
Yes, as to form. AG Schmitt approved the legal form of Aull's petition 2020-122 (version 2) to amend Article IX of the Missouri Constitution (the public education article). Form approval under §…
Did the Missouri AG approve the form of DeeAnn Aull's 2019 Article IX education-funding initiative petition (version 1, file 2020-121)?
Yes, as to form. AG Schmitt approved the legal form of Aull's petition 2020-121 (version 1) to amend Article IX of the Missouri Constitution (the public education article). Form approval under §…
Did the Missouri AG approve the form of DeeAnn Aull's 2019 Article IX education-funding initiative petition (version 1, file 2020-117)?
Yes, as to form. AG Schmitt approved the legal form of Aull's petition 2020-117 (version 1) to amend Article IX of the Missouri Constitution (the public education article). Form approval under §…
Did the Missouri AG approve the form of DeeAnn Aull's 2019 Article IX education-funding initiative petition (version 4, file 2020-120)?
Yes, as to form. AG Schmitt approved the legal form of Aull's petition 2020-120 (version 4) to amend Article IX of the Missouri Constitution (the public education article). Form approval under §…
Did the Missouri Attorney General approve the form of DeeAnn Aull’s Article IX petition, version 3 (2020-119)?
Yes. The Attorney General approved petition 2020-119 as to form. The Secretary of State still had final authority to approve or reject it, and the letter did not decide its substantive sufficiency…
Did the Missouri Attorney General approve the form of DeeAnn Aull’s Article IX petition, version 2 (2020-118)?
Yes. The Attorney General approved petition 2020-118 as to form. The Secretary of State still had final authority to approve or reject it, and the letter did not decide its substantive sufficiency…
Did the Missouri AG approve the ballot summary for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (version 8, file 2020-112)?
Yes, as to legal content and form. AG Schmitt approved the Secretary of State's summary statement for Sedey's Article VIII petition 2020-112 (version 8). The petition would have established…
Did the Missouri AG approve the ballot summary for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (version 7, file 2020-111)?
Yes, as to legal content and form. AG Schmitt approved the Secretary of State's summary statement for Sedey's Article VIII petition 2020-111 (version 7). The petition would have established…
What ballot summary did the Missouri Attorney General approve for Mary Anne Sedey’s petition 2020-110?
The Attorney General approved the legal content and form of the proposed summary statement for version 6 of Sedey’s Article VIII petition. The statement describes automatic voter registration,…
Did the Missouri AG approve the ballot summary for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (version 5, file 2020-109)?
Yes, as to legal content and form. AG Schmitt approved the Secretary of State's summary statement for Sedey's Article VIII petition 2020-109 (version 5). The petition would have established…
Did the Missouri AG approve the ballot summary for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (version 4, file 2020-108)?
Yes, as to legal content and form. AG Schmitt approved the Secretary of State's summary statement for Sedey's Article VIII petition 2020-108 (version 4). The petition would have established…
Did the Missouri AG approve the ballot summary for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (version 3, file 2020-107)?
Yes, as to legal content and form. AG Schmitt approved the Secretary of State's summary statement for Sedey's Article VIII petition 2020-107 (version 3). The petition would have established…
Did the Missouri AG approve the ballot summary for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (version 2, file 2020-106)?
Yes, as to legal content and form. AG Schmitt approved the Secretary of State's summary statement for Sedey's Article VIII petition 2020-106 (version 2). The petition would have established…
Did the Missouri AG approve the ballot summary for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (version 1, file 2020-105)?
Yes, as to legal content and form. AG Schmitt approved the Secretary of State's summary statement for Sedey's Article VIII petition 2020-105 (version 1). The petition would have established…
Could South Carolina State Inspector General staff administer oaths and examine witnesses and agency records?
The AG said staff could exercise the inspector general’s specified investigative powers when necessary to perform the office’s duties. The inspector general retained authority to oversee how staff…
Could Columbia declare homes or locations with homemade unserialized guns a public nuisance?
The AG predicted a court would find Columbia’s ghost-gun nuisance ordinance preempted because it effectively regulated firearm possession and transfer. Only a court could set it aside; the opinion…
Could one person serve on Jasper County’s election board and the Palmetto Breeze transit board?
The AG said no. It treated both the Jasper County election board and the regional transportation authority’s governing board as public offices, so simultaneous service violated South Carolina’s…
After the 2019 amendments, can a Tennessee correctional officer who has finished probation but isn't yet vested in retirement get the state ID card needed to carry a firearm off-duty?
No. The 2019 amendment let TDOC officers carry off-duty after completing the one-year probationary period, but the legislature did not change subsection (f), which still says only 'vested' employees…
Could North Charleston require mayor and council candidates to live in the city for six months?
The AG concluded North Charleston lacked authority to add that residency condition and said it conflicted with state elector qualifications. It raised a separate equal-protection concern but said…
Does Delaware FOIA make my agency convert raw data from HTML to CSV when I ask for it as a database file?
No. The Delaware AG ruled that DSP did not violate FOIA when it produced 2014-2016 Uniform Crime Reporting data as HTML files rather than the CSV or database format the journalist requested. FOIA…
If a Delaware town commissioner blurts out a personnel comment in open session, does FOIA make that a violation?
No. The Delaware AG ruled the Town of Dewey Beach did not violate FOIA when a Town Commissioner briefly mentioned concerns about the Police Chief's effectiveness during an open meeting. The Town…
If my Tennessee LLC owns a property, can the LLC sell or rent it without a real estate broker license, and what about partial owners or members of the LLC?
An LLC, corporation, partnership, or other business entity that owns real estate can rely on the 'owner exemption' for activities involving its own property. The narrower 'corporate exemption'…
Could DNREC require prepayment of a $5,217.94 estimate for cap-and-trade records and decline a fee waiver?
Yes, on this record. The AG found that DNREC could issue its itemized $5,217.94 estimate, require payment before beginning work, and decline to waive administrative fees because its policy had no…
Was a later public vote enough after a Delaware school board approved an unannounced consultant contract?
Yes, on this record. The AG found a FOIA violation when Sussex Tech added and approved an unannounced consultant item at the meeting’s start. The Board later ratified the award at a publicly noticed…
If I applied for a public job and never got hired, can I block the city from releasing my application under FOIA?
The AG declined to opine because applicants who have not been hired are neither 'personnel' nor 'employees,' so their applications are not 'personnel records' that the AG can review under §…
Did the Missouri AG approve the form of James Owen's 2019 Chapter 393 initiative petition (version 3, file 2020-115)?
Yes, as to form. AG Schmitt approved the legal form of Owen's petition 2020-115 (version 3) to amend Chapter 393 RSMo, which regulates gas, electric, water, and sewer utilities. Form approval under…
Did the Missouri AG approve the form of James Owen's 2019 Chapter 393 initiative petition (version 1, file 2020-113)?
Yes, as to form. AG Schmitt approved the legal form of Owen's petition 2020-113 (version 1) to amend Chapter 393 RSMo, which regulates gas, electric, water, and sewer utilities. Form approval under…
Could someone buy or resell an already winning South Carolina lottery ticket at a discount?
The AG read the lottery statute as likely banning paid secondary ticket transfers, while warning that a court might defer to the Lottery Commission’s different view of unsigned winning tickets as…
After the Fourth Circuit struck down Virginia's 'habitual drunkard' law, what can Commonwealth's Attorneys still do under the interdiction statute?
Almost nothing under the habitual-drunkard prong. The Virginia AG concluded that after Manning v. Caldwell, Commonwealth's Attorneys may no longer seek new interdictions, criminal penalties, or…
Does the urban renewal statute let an Arkansas urban renewal agency demolish a building, and does the agency need to own it first?
Yes. In redevelopment and urban renewal projects, 'clearance' and 'necessary or convenient' can include razing acquired property. An urban renewal agency must acquire the property before it can raze it.
How is a Texas university professor's unused vacation pay calculated after leaving an administrative position?
On the administrative salary only, the AG advised. The president of Texas Southern University asked how to pay out accrued, unused vacation leave for a professor who had served in administrative…
Does the constitutional ban on excessive fines apply to Texas, and how do courts decide if a fine is excessive?
Yes, it applies, but the AG could not give a test for when a fine crosses the line. A state representative asked, after the U.S. Supreme Court's 2019 decision in Timbs v. Indiana, several questions…
Can a Florida county skip a performance audit if a proposed sales surtax would last longer than the one it replaces?
No. The audit-exemption applies only when the new surtax matches the prior one in 'all material respects,' which the AG read to include duration if the prior surtax had one.
Must South Carolina's Conservation Bank be named on title insurance when it funds a land conservation grant?
Probably not. The AG read the named-insured requirement as applying to loans; for grants, the Bank must instead be indemnified for the grant amount, with that indemnity secured by the recipient's…
Did a grandfathered South Carolina cemetery lose its acreage exemption after missing license renewal?
The AG said a missed renewal beyond the reinstatement period required a new application, but could not decide conclusively whether the cemetery also lost its acreage exemption. It said a court could…
Can a Tennessee general sessions judge fill in for a circuit court judge or chancellor without a private act?
Generally no. The only general statute allowing such interchange is for divorce hearings in counties over 700,000 population. Otherwise, the legislature must authorize the interchange by private…
Is a nonprofit public benefit corporation that a California city housing authority created exempt from the documentary transfer tax when it acquires real property?
Yes. The AG concluded that section 11922's documentary transfer tax exemption applies broadly to government agencies, and a nonprofit public benefit corporation acting as an instrumentality of a…
Can a South Carolina CPA use the CPA title while preparing taxes outside a registered CPA firm?
The AG read the Board's regulation as barring a South Carolina-licensed CPA from using the title for tax preparation without a registered-firm affiliation. It warned that a court might find that…
Did the Division of Corporations violate FOIA by not producing a rejected LLC filing and related application-screen data?
The AG found no FOIA violation. The Department swore that the rejected filing image had been purged and that only application-screen data remained for several items. The AG also found the…
Can a Delaware school board add an unannounced program phase-out vote to its agenda when the meeting begins?
No, on these facts. The Board added an unannounced hospitality-program phase-out item by motion at the meeting’s outset. It had not posted a timely amendment or shown that the issue naturally arose…
Can a former police officer block release of internal investigation records related to his 2013 sexual misconduct termination, even six years later?
No. The AG concluded the four-part test for releasing employee-evaluation records was met: he was terminated, the discipline was final, the records formed a basis, and there was a compelling public…
Did the Missouri AG approve the form of James Owen's 2019 Chapters 393 and 386 initiative petition (version 4, file 2020-116)?
Yes, as to form. AG Schmitt approved the legal form of Owen's petition 2020-116 (version 4) to amend Chapters 393 and 386 RSMo, which govern public utilities and the Public Service Commission. Form…
Did the Missouri AG approve the form of James Owen's 2019 Chapter 393 initiative petition (version 2, file 2020-114)?
Yes, as to form. AG Schmitt approved the legal form of Owen's petition 2020-114 (version 2) to amend Chapter 393 RSMo, which regulates gas, electric, water, and sewer utilities. Form approval under…
Did the Missouri AG approve the fiscal note for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (version 8, file 2020-112)?
Yes, as to legal content and form. AG Schmitt approved the State Auditor's fiscal note for Sedey's voting-access petition 2020-112 (version 8). The summary projected at least $1 million in one-time…
Did the Missouri Attorney General approve the legal content and form of the fiscal note summary for Mary Anne Sedey’s petition 20-111?
Yes. The Attorney General approved the summary’s legal content and form for petition 20-111. The letter does not describe the proposal or assess the fairness or sufficiency of the estimated fiscal impact.
Did the Missouri AG approve the fiscal note for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (version 6, file 2020-110)?
Yes, as to legal content and form. AG Schmitt approved the State Auditor's fiscal note for Sedey's voting-access petition 2020-110 (version 6). The summary projected at least $1 million in one-time…
Did the Missouri AG approve the fiscal note for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (version 5, file 2020-109)?
Yes, as to legal content and form. AG Schmitt approved the State Auditor's fiscal note for Sedey's voting-access petition 2020-109 (version 5). The summary projected at least $1 million in one-time…
Did the Missouri AG approve the fiscal note for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (version 4, file 2020-108)?
Yes, as to legal content and form. AG Schmitt approved the State Auditor's fiscal note for Sedey's voting-access petition 2020-108 (version 4). The summary projected at least $1 million in one-time…
Did the Missouri Attorney General approve the legal content and form of the fiscal note summary for Mary Anne Sedey’s petition 20-107?
Yes. The Attorney General approved the summary’s legal content and form for petition 20-107. The letter does not describe the proposal or assess the fairness or sufficiency of the estimated fiscal impact.
Did the Missouri Attorney General approve the legal content and form of the fiscal note summary for Mary Anne Sedey’s petition 20-106?
Yes. The Attorney General approved the summary’s legal content and form for petition 20-106. The letter does not describe the proposal or assess the fairness or sufficiency of the estimated fiscal impact.
Did the Missouri Attorney General approve the legal content and form of the fiscal note summary for Mary Anne Sedey’s petition 20-105?
Yes. The Attorney General approved the summary’s legal content and form for petition 20-105. The letter does not describe the proposal or assess the fairness or sufficiency of the estimated fiscal impact.
Could the Georgia Department of Public Safety set maximum statewide towing and storage rates for vehicles abandoned on public or private property after the 2019 Abandoned Motor Vehicle Act?
No, not beyond DPS's pre-existing rate-setting authority for non-consensual tows of trespassing vehicles from private property under O.C.G.A. § 44-1-13. The 2019 Abandoned Motor Vehicle Act…
Can a Virginia locality get an easement on state-owned river bottomlands to build a flood-control levee, and who in state government grants it?
Yes. The Virginia AG concluded that a local flood-control project is a 'governmental activity' under §§ 28.2-1300 and 28.2-1400, that § 28.2-1200.1 lets the Commonwealth grant an easement for it,…
Can my Tennessee homeowners' association ban political canvassing in our neighborhood without violating the First Amendment?
Yes. The First Amendment limits only government action, and a private homeowners' association is not a state actor. The HOA can prohibit door-to-door political canvassing on its private property. A…
Can a nurse anesthetist administer anesthesia in Texas without a physician delegating it?
No, the AG advised, a certified registered nurse anesthetist has no independent authority to give anesthesia without a physician's delegation. The president of the Texas Medical Board asked three…
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