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How did Arkansas Act 1077 of 2019 change the way a fire department converts to a fire protection district?
Act 1077 made the conversion almost automatic. The fire department's governing body files a petition; the quorum court has 60 days to grant it; and there is no public hearing requirement and no need…
Did the Missouri AG approve the ballot summary for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (version 2 of the second wave, file 2020-089)?
Yes, as to legal content and form (re-issued July 31 to fix a typographical error). AG Schmitt approved the Secretary of State's summary statement for Sedey's petition 2020-089 (version 2 of a…
Did the Missouri AG approve the ballot summary for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (version 1 of the second wave, file 2020-088)?
Yes, as to legal content and form (re-issued July 31 to fix a typographical error). AG Schmitt approved the Secretary of State's summary statement for Sedey's petition 2020-088 (version 1 of a…
Did the Missouri AG approve the ballot summary for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (version 12, file 2020-083)?
Yes, as to legal content and form (re-issued July 31 to fix a typographical error). AG Schmitt approved the Secretary of State's summary statement for Sedey's petition 2020-083 (version 12). The…
Did the Missouri AG approve the ballot summary for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (version 11, file 2020-082)?
Yes, as to legal content and form (re-issued July 31 to fix a typographical error). AG Schmitt approved the Secretary of State's summary statement for Sedey's petition 2020-082 (version 11). The…
Did the Missouri AG approve the ballot summary for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (version 10, file 2020-081)?
Yes, as to legal content and form (re-issued July 31 to fix a typographical error). AG Schmitt approved the Secretary of State's summary statement for Sedey's petition 2020-081 (version 10). Same…
Did the Missouri AG approve the ballot summary for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (version 9, file 2020-080)?
Yes, as to legal content and form (re-issued July 31 to fix a typographical error). AG Schmitt approved the Secretary of State's summary statement for Sedey's petition 2020-080 (version 9). Same…
Did the Missouri AG approve the ballot summary for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (version 8, file 2020-079)?
Yes, as to legal content and form (re-issued July 31 to fix a typographical error). AG Schmitt approved the Secretary of State's summary statement for Sedey's petition 2020-079 (version 8). Same…
Did the Missouri AG approve the ballot summary for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (version 7, file 2020-078)?
Yes, as to legal content and form (re-issued July 31 to fix a typographical error). AG Schmitt approved the Secretary of State's summary statement for Sedey's petition 2020-078 (version 7). The…
Did the Missouri AG approve the ballot summary for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (version 4, file 2020-075)?
Yes. In a revised July 31 letter, the AG approved the proposed summary for Sedey’s version 4 petition. It lists revenue, social services, and conservation among registration sources, without saying…
Did the Missouri AG approve the ballot summary for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (version 3, file 2020-074)?
Yes, as to legal content and form (re-issued July 31 to fix a typographical error). AG Schmitt approved the Secretary of State's summary statement for Sedey's petition 2020-074 (version 3) to amend…
May South Carolina's Forestry Commission free a private contractor's stuck equipment on woodland?
The AG said the Commission could reasonably provide extraction services to contractors hired by landowners for reforestation work. The statute requires a reasonable fee at least equal to the…
Can a 17-year-old in Arkansas file to run for justice of the peace if they will turn 18 before taking office?
Yes. A minor's name can appear on the ballot if the minor will be 18 at the time of taking office. The candidate becomes a "qualified elector" at age 18, but Ark. Code Ann. § 7-5-207 lets a…
Does Tennessee's requirement that each political party have a state primary board, with members elected from each senatorial district, violate the parties' First Amendment freedom of association?
No. The AG concluded that Tennessee's primary-board statutes impose only a modest burden on associational rights because they assign the boards limited election-administration duties. The state's…
Can a South Carolina public board add an officer election under 'Other Business' without advance notice?
The AG said a public body must follow FOIA's specific agenda-amendment process. A catchall item may be too vague to notify the public, and an item allowing final action added after a meeting starts…
Did the Missouri AG approve the ballot summary for Shetova Hayes's 2019 statutory initiative cutting the dangerous-felony first-time minimum prison term from 85% to 50% (file 2020-092)?
Yes, as to legal content and form. AG Schmitt approved the Secretary of State's summary statement for Hayes's petition 2020-092 to amend Chapter 558 RSMo. The petition would reduce the mandatory…
Did the Missouri AG approve the ballot summary for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (version 6, file 2020-077)?
Yes, as to legal content and form. AG Schmitt approved the Secretary of State's summary statement for Sedey's petition 2020-077 (version 6) to amend Article VIII of the Missouri Constitution. Same…
Did the Missouri AG approve the ballot summary for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (version 5, file 2020-076)?
Yes, as to legal content and form. AG Schmitt approved the Secretary of State's summary statement for Sedey's petition 2020-076 (version 5) to amend Article VIII of the Missouri Constitution. The…
Did the Missouri AG approve the ballot summary for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (version 2, file 2020-073)?
Yes, as to legal content and form. AG Schmitt approved the Secretary of State's summary statement for Sedey's petition 2020-073 (version 2 of a 12-version slate). Same package as version 1: 16+…
Did the Missouri AG approve the ballot summary for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (version 1, file 2020-072)?
Yes. The AG approved the legal content and form of a proposed summary for Sedey’s version 1 petition. It described automatic voter registration of people at least 16, wrong-polling-place ballot…
Can an Arizona county get state education money for non-disabled adult inmates ages 18-21 who attend a jail education program?
No. Under A.R.S. § 15-913.01, state education funding only follows two groups of jail inmates: anyone under 18, and inmates with disabilities up to age 21. A non-disabled 19-year-old inmate enrolled…
Did South Carolina's 2019 lien-fee amendment require another $10 for satisfaction or expungement?
Yes. The AG read the 2019 amendment as imposing a separate $10 fee for a lien satisfaction or expungement in addition to the initial lien-filing fee. It said registers of deeds could not waive that…
Did the Missouri AG approve the form of Charles Hurth's 2019 Article VIII initiative petition (file 2020-100)?
No. AG Schmitt rejected the form of Hurth's petition 2020-100 because it failed two specific § 116 requirements: it was not in the form prescribed by § 116.040 RSMo, and it did not show deletions in…
Did the Missouri AG approve the fiscal note for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (file 20-098)?
Yes, as to legal content and form. AG Schmitt approved the fiscal note prepared by State Auditor Galloway for Sedey's petition 20-098. Same projected fiscal numbers as the parallel 20-097 petition:…
What fiscal note summary did the Missouri Attorney General approve for Mary Anne Sedey’s petition 20-097?
The AG approved the legal content and form of a fiscal note summary for Sedey’s petition. It projected at least $1 million in one-time state costs, possible ongoing state costs, and specified local…
Did the Missouri AG approve the fiscal note for Winston Apple's 2019 statutory initiative creating a state-run health insurance cooperative (file 20-096)?
Yes, as to legal content and form. AG Schmitt approved the fiscal note prepared by State Auditor Galloway for Apple's petition 20-096. The fiscal note projected no state-government costs and…
What fiscal note summary did the Missouri Attorney General approve for Winston Apple’s petition 20-093?
The AG approved the legal content and form of a summary estimating no costs or savings for state and local government. The letter identifies no reason for that estimate and does not describe the…
Can a California county supervisor also sit on the local transportation commission and a regional transit JPA at the same time?
Yes. The Legislature expressly authorized supervisors to be appointed to local transportation commissions (Gov. Code § 29535) and to joint powers authority boards (Gov. Code § 6508). Those statutes…
Can a public-university employee block release of complaints made about him by saying disclosure would be embarrassing or that there's no compelling public interest?
For these complaints, no. The AG said embarrassment was not the FOIA test for personnel records, the compelling-public-interest requirement applied to evaluation records, and Walker’s objections did…
Can a former University of Arkansas at Pine Bluff employee block release of complaints she made against coworkers?
For these complaints, no. The AG classified them as personnel records and found that release would not be a clearly unwarranted invasion of any named employee's privacy, so UAPB's decision was…
When an Arkansas school employee disputes the district's decision to classify complaints as personnel records (not evaluation records), can the AG resolve it?
Not when the dispute is factual. The AG could not say whether complaints about a Bryant School District employee were created "at the behest of the employer to evaluate" the employee. That is a…
Did the Missouri AG approve the ballot summary for Mark Pedersen's 2019 Article XIV initiative legalizing recreational and medical marijuana with no age limits and full record expungement (file 2020-070)?
Yes, as to legal content and form. AG Schmitt approved the Secretary of State's summary statement for Pedersen's petition 2020-070 to amend Article XIV of the Missouri Constitution. The petition…
What revenue and cost effects did the fiscal note summary for Sara Baker’s Missouri petition 20-R001 describe?
The approved summary said revenues from state sources may fall by at least $4.9 million annually and federal Medicaid revenues by an unknown amount up to $7.2 billion. It also anticipated unknown…
Did the Idaho AG identify legal problems with the July 2019 medical marijuana initiative (proposed Chapter 96 of title 39, Idaho Code)?
Yes. AG Wasden identified a chapter-number conflict, drafting problems, and vagueness concerns involving a dispensary-agent standard and forfeiture language. He read the hardship-cultivation…
Must a South Carolina county put every library or park project on its own bond referendum question?
The AG said separate questions were needed for distinct funding proposals, such as libraries and recreation, but a separate vote was not required for every project within a proposal. It declined to…
Could Charleston Public Works end a water supply contract with Sullivan's Island despite automatic renewals?
The AG declined to interpret that contract, but said a court would likely treat an indefinite unilateral renewal right as terminable by either party on reasonable notice. It also believed the…
Did Dewey Beach violate FOIA by answering a request for officials' "schedule" with contract excerpts describing work hours?
The AG found no violation on the record: the Town supplied contract excerpts addressing how the two officials' schedules were set, and the requester specified the daily-hours records he wanted only…
Did the Missouri AG approve the fiscal note for Shetova Hayes's 2019 statutory initiative cutting the dangerous-felony first-time minimum prison term from 85% to 50% (file 20-092)?
Yes, as to legal content and form. AG Schmitt approved the fiscal note prepared by State Auditor Galloway for Hayes's petition 20-092 (the 50%-sentence proposal). The fiscal note projected no…
Did the Missouri AG approve the fiscal note for Mary Anne Sedey's later-July 2019 Article VIII voting petition (version 2, file 2020-089)?
Yes, as to legal content and form. AG Schmitt approved the fiscal note for Sedey's petition 2020-089 (version 2 of the follow-on July 2019 wave). Auditor Galloway projected at least $1 million in…
Did the Missouri AG approve the fiscal note for Mary Anne Sedey's later-July 2019 Article VIII voting petition (version 1, file 2020-088)?
Yes, as to legal content and form. AG Schmitt approved the fiscal note for Sedey's petition 2020-088 (version 1 of a follow-on July 2019 wave). Auditor Galloway projected at least $1 million in…
What fiscal note summary did the Missouri Attorney General approve for Mary Anne Sedey’s petition 20-083?
The AG approved the legal content and form of a fiscal note summary for Sedey’s petition. It projected at least $1 million in one-time state costs, possible ongoing state costs, and specified local…
What fiscal note summary did the Missouri Attorney General approve for Mary Anne Sedey’s petition 20-082?
The AG approved the legal content and form of a fiscal note summary for Sedey’s petition. It projected at least $1 million in one-time state costs, possible ongoing state costs, and specified local…
What fiscal note summary did the Missouri Attorney General approve for Mary Anne Sedey’s petition 20-081?
The AG approved the legal content and form of a fiscal note summary for Sedey’s petition. It projected at least $1 million in one-time state costs, possible ongoing state costs, and specified local…
What fiscal note summary did the Missouri Attorney General approve for Mary Anne Sedey’s petition 20-080?
The AG approved the legal content and form of a fiscal note summary for Sedey’s petition. It projected at least $1 million in one-time state costs, possible ongoing state costs, and specified local…
What fiscal note summary did the Missouri Attorney General approve for Mary Anne Sedey’s petition 20-079?
The AG approved the legal content and form of a fiscal note summary for Sedey’s petition. It projected at least $1 million in one-time state costs, possible ongoing state costs, and specified local…
What fiscal note summary did the Missouri Attorney General approve for Mary Anne Sedey’s petition 20-078?
The AG approved the legal content and form of a fiscal note summary for Sedey’s petition. It projected at least $1 million in one-time state costs, possible ongoing state costs, and specified local…
What fiscal note summary did the Missouri Attorney General approve for Mary Anne Sedey’s petition 20-077?
The AG approved the legal content and form of a fiscal note summary for Sedey’s petition. It projected at least $1 million in one-time state costs, possible ongoing state costs, and specified local…
What fiscal note summary did the Missouri Attorney General approve for Mary Anne Sedey’s petition 20-076?
The AG approved the legal content and form of a fiscal note summary for Sedey’s petition. It projected at least $1 million in one-time state costs, possible ongoing state costs, and specified local…
What fiscal note summary did the Missouri Attorney General approve for Mary Anne Sedey’s petition 20-075?
The AG approved the legal content and form of a fiscal note summary for Sedey’s petition. It projected at least $1 million in one-time state costs, possible ongoing state costs, and specified local…
What fiscal note summary did the Missouri Attorney General approve for Mary Anne Sedey’s petition 20-074?
The AG approved the legal content and form of a fiscal note summary for Sedey’s petition. It projected at least $1 million in one-time state costs, possible ongoing state costs, and specified local…
What fiscal note summary did the Missouri Attorney General approve for Mary Anne Sedey’s petition 20-073?
The AG approved the legal content and form of a fiscal note summary for Sedey’s petition. It projected at least $1 million in one-time state costs, possible ongoing state costs, and specified local…
What fiscal note summary did the Missouri Attorney General approve for Mary Anne Sedey’s petition 20-072?
The AG approved the legal content and form of a fiscal note summary for Sedey’s petition. It projected at least $1 million in one-time state costs, possible ongoing state costs, and specified local…
Can a Delaware county refuse to search for time-stamped copies of my own FOIA filings?
Partly. The Delaware AG ruled New Castle County violated FOIA by not specifically addressing whether it had searched for time-stamped copies of the requester's earlier FOIA filings; the County had…
Can a Delaware citizen FOIA a 1980s mayor's original candidacy filings, and does the agency have to keep records forever?
No. FOIA does not require a Delaware public body to produce records that do not exist. The Delaware Public Archives' retention schedule for candidate filings is 22 months, after which the records…
Can a Texas navigation district require an easement for utility lines crossing over its land?
Likely yes, with conditions, the AG advised. The Jackson County auditor asked whether the county's navigation district could require an easement for new and existing aerial utility lines that cross…
Is there a time limit or dollar cap on Texas county economic development loans and grants?
No fixed statutory cap, the AG advised. A state representative asked whether the ten-year and amount limits that apply to county tax-abatement agreements also limit the loans and grants a county…
Does the Texas Board of Nursing have to seal criminal history in a disciplinary order it already issued?
Yes, the AG advised. The Executive Director of the Texas Board of Nursing asked what the Board must do when a court issues a nondisclosure order sealing someone's criminal history, given that the…
When does an election board gathering count as a meeting for South Carolina's three-absence removal rule?
The AG predicted a court would count gatherings to discuss or act on board business, including work beyond scheduled meetings. It also predicted a court would treat removal after three consecutive…
Does a typo in a Delaware agency's FOIA response letter prove the agency is hiding records?
No. The Delaware AG ruled that the Department of Elections did not violate FOIA when it inadvertently dated a response 'March 22, 2019' instead of April 23. DOE explained it reuses prior letters as…
Can a former Arkansas school employee block release of his personnel file when an FOIA requester asks for grievances, suspension letters, and termination records?
The AG could not decide which records to release because she had not seen them. She explained how the custodian must classify and review each record, and said Mitchell's privacy and harassment…
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