State AG Opinions
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Could a South Carolina Medicaid transportation broker hire a rideshare company for nonemergency medical trips?
The AG said the Transportation Network Company Act's exclusion for arranging medical trips did not itself bar the state from allowing a broker to contract with a rideshare company. Other contract…
When can a Tennessee handgun permit holder carry a gun into a courthouse, and what counts as 'judicial proceedings in progress'?
Section 39-17-1306(a) applies when judicial proceedings are in progress in the building. Depending on the facts, those proceedings may include work in a judge's chambers or by conference call. The…
Could a South Carolina city lower its mayor's salary after changing its form of government?
For a change that substantially reduced the mayor's duties, the AG said the usual salary-timing statute did not govern the transition and the city could set timing by ordinance. It said the statute…
Does an arbitration award force a Texas state agency to pay a manufactured-home consumer claim in full?
No, the AG advised. The Manufactured Housing Division of the Texas Department of Housing and Community Affairs runs a Consumer Claims Program that pays manufactured-home buyers for actual damages…
Can a collection agency hired by a Texas county charge a credit card fee on court debts?
Likely yes, if it acts as the county's agent, the AG advised. A county auditor asked whether a private attorney or collection agency that contracts with a county to collect delinquent court debts…
When forfeited cash or property goes to a South Carolina agency, does it become a public asset?
The AG said forfeited property that becomes an agency's property generally counts as public revenue or an asset subject to public-asset requirements. The specific forfeiture statute may impose…
Could South Carolina counties still bill 2019 boat property taxes before the new prospective system began?
The AG said the 2018 law did not stop counties from billing watercraft under existing 2019 law before its January 2020 effective date. It left reasonable choices about implementing the later…
What Medicaid expansion ballot summary did the Missouri Attorney General approve for Heidi Miller’s Article IV petition?
The Attorney General approved the legal content and form of a proposed summary statement describing Medicaid expansion for people ages 19 to 64 at or below 133% of the federal poverty level, limits…
Can a California city councilmember be removed from office for not actually living inside the city?
Yes, through a quo warranto action. The Attorney General granted leave to sue Ridgecrest councilmember Wallace T. Martin because there were substantial questions about whether he had established a…
Can a Texas county spend subdivision bond money on private roads without taking them over?
Yes, the AG advised, and spending the money does not force the county to adopt the roads. A county attorney asked how a county may use the proceeds from a subdivision road-and-drainage bond, the…
Can Texas allow DNA testing of human remains found at a historic cemetery site?
Likely yes, the AG advised. The Texas Historical Commission asked whether it had authority to permit destructive testing of human remains for research, including taking DNA samples to help identify…
When an Arkansas school district investigates and suspends an employee for misconduct involving a student, can the district withhold the investigative records by saying there's no compelling public interest?
Likely no. The AG concluded the public has a compelling interest in disclosure when the conduct occurred during school hours and affected a student. Even when the employee holds no leadership role,…
Can DNREC withhold permit files under FOIA because two private property owners might sue each other over a boundary dispute?
No. DNREC violated FOIA by withholding bulkhead permit application files under the potential litigation exemption when the only foreseeable lawsuit was between two private neighbors over a boundary…
If a Delaware public body finally produces records mid-petition, is my FOIA delay complaint dead?
In this case, yes. The City completed its response to the narrowed request while the petition was pending, so the AG found Mueller’s timeliness claim moot. The AG suggested a specific new request…
Could South Carolina enforce campaign-disclosure reports against political parties' campaign accounts?
The AG said First Amendment issues made enforcement uncertain and endorsed the Ethics Commission's existing policy of suspending enforcement for campaign accounts while continuing it for operating…
Could a South Carolina school trustee withdraw a resignation before the board accepted it?
The AG predicted that a trustee could withdraw a tendered resignation before the authorized body accepted it. The office declined to decide whether a particular seat was vacant because that depended…
What fiscal note summary did the Missouri Attorney General approve for Heidi Miller’s petition 20-063?
The Attorney General approved the summary’s legal content and form. It estimated about $6.4 million in one-time state costs, an uncertain annual state impact by 2026 ranging from increased costs of…
How far does the State Properties Review Board's authority reach when it reviews no-bid construction, no-bid consultant, and design-build contracts?
AG William Tong concluded the Board's review of all four contract types runs broad. Conn. Gen. Stat. § 4b-3(f) lets the Board examine 'all aspects' of the proposed transaction, including financial…
Can the Delaware AG order an Auditor to produce school district audit reports that the requester believes should exist under another statute?
No. Delaware FOIA limits the AG's petition jurisdiction to deciding whether FOIA was violated. The AG cannot order the Auditor of Accounts to produce audit reports the requester believes should…
Can the Arkansas Public Employees Retirement System sue to recover overpayments to deceased retirees without waiving the State's sovereign immunity?
The answer is uncertain after the 2018 Andrews decision. Older cases said the State could be the moving party in court without waiving immunity, but Andrews held the General Assembly cannot waive…
Can a sitting Arkansas county coroner run for re-election to a school board seat in the middle of his coroner term?
No. Article 7, section 53 of the Arkansas Constitution bars a person elected as coroner from being elected or appointed to a school board during his term as coroner. The fact that the school board…
Could a South Carolina job applicant say “no” to an arrest or conviction question after expungement?
The AG said it depended on the expungement statute. Removing a record from public view did not generally erase the event, but some statutes expressly restored a person's prior legal status and…
Can a journalist get a roster of Delaware pre-trial detainees with names, charges, ICE holds, and bond amounts under FOIA?
No. The Delaware AG ruled that the Department of Correction properly denied a journalist's FOIA request for a roster of pre-trial detainees because 11 Del. C. § 4322(a) and § 8513(d) statutorily…
Why did the Missouri Attorney General reject Steven Reed’s petition 2020-066 as to form?
The Attorney General found that the petition was not in the form prescribed by § 116.050.2(2) and (3), RSMo. The letter does not describe the specific defect and expressly leaves other possible…
Is it still illegal for a Texas board to use a walking quorum after the Doyal ruling?
Yes, the AG advised: the conduct still violates the Open Meetings Act, and civil remedies still apply. In early 2019 the Texas Court of Criminal Appeals, in State v. Doyal, struck down one criminal…
Can TxDOT still add to the North Tarrant Express toll project after the 2017 contract deadline?
Yes, the AG advised. Two state senators asked whether the Texas Department of Transportation could still enter a new facility agreement under the North Tarrant Express Comprehensive Development…
Can a Texas city use zoning to keep gun stores away from schools or limit where they can open?
No, the AG advised. A state senator asked whether Texas cities may use zoning and similar regulations to restrict where firearm and ammunition stores can operate, citing proposals to ban such sales…
If a Missouri initiative petition doesn't show its proposed deletions in brackets and additions underlined, will the Attorney General reject it?
Yes. The AG rejected Charles Hurth's initiative petition (2020-065) on form because it failed § 116.050, RSMo, which requires deleted constitutional text to be shown in brackets and new text to be…
Could Rock Hill transfer utility revenue to its general fund before funding required reserves?
The AG said utility revenue could be transferred if it was eligible surplus after required costs and reserves, or paid costs sufficiently related to utility service. It could not decide whether Rock…
Can a convicted felon run for office in Texas after finishing their sentence?
Not automatically, the AG advised. A county attorney asked whether someone convicted of a felony becomes eligible to run for office in Texas just by completing their sentence and getting their…
Do Texas insurers have to pay out-of-network emergency room claims on time, and can they be penalized if they pay late?
Partly, the AG advised. Two state representatives asked whether both the deadlines and the penalties in the Insurance Code's prompt-pay provisions (chapter 843 for HMOs and chapter 1301 for PPOs)…
If a police officer follows a no-chase policy and doesn't pursue a suspect, can the officer be sued when that suspect later hurts someone?
Probably not, the AG advised. Two state representatives asked whether a 'no-chase' policy (one that tells officers to refrain from high-speed pursuit in certain situations) is unlawful and whether…
Can a South Carolina school district use trespass law to bar someone from a public board meeting in its office building?
The AG said trespass law covered school administrative property, but a person attending an open board meeting likely had legal cause to be there. A disruptive attendee could instead be removed under…
Why did the Missouri AG reject Mark Pedersen's 2019 initiative petition to amend Article XIV of the Missouri Constitution?
Because the petition did not show what would be deleted in brackets and what would be added underlined, as § 116.050, RSMo requires. The AG did not look for additional defects because this one was…
Can a retired Little Rock city employee block disclosure of his personnel file by claiming the request is meant to embarrass him?
No. Retired status is not a basis to refuse a FOIA request, and the requester's motive is generally irrelevant. The custodian's release decision was nearly correct, but additional redactions (date…
Are Connecticut's 2019 captive-audience bills preempted by federal labor law, or could the state defend them?
AG William Tong split the answer. SB 64 was the same as a 2018 bill the prior AG had said would likely fall to NLRA preemption, and Tong stuck with that conclusion. SB 440 was different: it amended…
Could Connecticut's legislature take the State Bond Commission away from the Governor and run it as a legislative committee?
AG William Tong concluded a court would almost certainly strike that down. Senate Bill 1134 would have moved the Bond Commission to the legislative branch, eliminated all executive members, and let…
Is a Virginia petition to move city elections from May to November invalid if it does not say whether the new elections fall in odd or even years?
The Virginia AG declined to decide. Va. Code § 24.2-684.1(9) gives the validity question to the circuit court reviewing the petition, not to the AG, so the opinion explained the legal framework but…
Can a Minnesota city disconnect one utility service when another municipal service bill goes unpaid?
It depends on the facts and the city's ordinance. The AG overruled a 1938 opinion allowing cross-service disconnection, and concluded that the varied, unrelated services described in the requester's…
Could Richland County use its general fund to subsidize low-income residents' higher sewer bills?
The AG predicted a court would find the proposed subsidy unconstitutional because it directly benefited selected private households and offered the county only an indirect public benefit.
Could South Carolina legislators approve part of one agency regulation and reject another part in one resolution?
The AG said the 2019 resolution could not split a single regulation that way. It agreed that the review period was not tolled and the whole regulation should be published, with changes requiring…
When do acts of the 2019 Arkansas General Assembly that don't have an emergency clause take effect?
July 24, 2019 for almost all of them. The single exception is Act 1092, which became effective July 30, 2019, because the Senate took it up on the day of sine die adjournment, pushing its 90-day…
Did South Carolina's 2018 dam safety joint resolution remain binding on DHEC in 2019?
The AG concluded a court would likely treat the resolution as binding law if all constitutional enactment formalities were satisfied. The office could not verify whether the Great Seal and other…
Could a Minnesota public school bar a graduating senior from walking across the stage at graduation because of unpaid school lunch debt?
No. The AG concluded in 2019 that a school could not deny a student who had met all academic requirements the opportunity to participate in graduation ceremonies based on unpaid meal balances. The…
Does Florida § 648.44(1)(b), which limits how bail bond agents can advertise and distribute information inside jails, prisons, detention centers, and courts, violate the First Amendment commercial-speech rights of bail bond agents?
AG staff declined to opine on a sitting statute's constitutionality, consistent with office policy. The letter noted § 648.44(1)(b) differs from the Texas statute struck down in Pruett.
Did the Missouri Attorney General approve the form of Heidi Miller’s petition 2020-063?
Yes. The Attorney General approved Heidi Miller’s petition 2020-063 as to form. The Secretary of State retained final authority to approve or reject it; substantive sufficiency was not decided.
Did the Missouri AG approve the ballot summary for a 2019 initiative to cut minimum prison terms for dangerous felonies from 85% to 50% on a first conviction?
Yes. AG Eric Schmitt approved the summary statement for initiative petition 2020-056 (submitted by Shetova Hayes), which would amend Chapter 558 to cut first-conviction minimum time-served from 85%…
Did the Missouri AG approve the official ballot summary for the 2019 proposal to end daylight saving time?
Yes. AG Eric Schmitt approved the legal content and form of the summary statement for initiative petition 2020-055 (submitted by Steven Reed): 'Do you want to amend the Missouri Constitution to…
Can a city in Arkansas tell its employees they cannot keep a firearm in their locked car parked at city hall?
No. State law preempts a city from regulating firearms beyond what state law allows. Concealed-carry license holders may keep their handguns in locked, unattended vehicles in publicly owned parking…
Does Arkansas's 100% disabled veteran property tax exemption cover fees and assessments charged by a suburban improvement district?
No. The exemption in Ark. Code Ann. § 26-3-306 covers "state taxes" on the homestead, not special assessments for local improvements. The Arkansas Supreme Court drew the line in Bensberg v. Parker…
Can a local Arkansas K-12 school administrator or employee also serve on the board of trustees of a state university?
A qualified yes. The Arkansas Constitution, statutes, and the common-law doctrine of incompatibility do not generally bar local school employees from serving on a state college or university board…
Can someone with an enhanced concealed-carry license bring a handgun into a city park or state office building in Arkansas?
The enhanced license exempts its holder from the public-building offense in § 5-73-122. City and county entryway signs under § 5-73-306(18) may still bind; at state offices and other locations…
When a Delaware agency finally produces records after a journalist files a FOIA petition for missing the 15-business-day deadline, is the petition moot, and what about new complaints about how the agency searched?
The AG concluded the petition was moot because DOC produced the responsive records before the AG ruled. The AG did find that DOC failed to give a good-faith time estimate within fifteen business…
What does the Arkansas Attorney General have to find before approving an interlocal agreement under the Arkansas Interlocal Cooperation Act?
The AG approved an interlocal cooperation agreement between the Arkansas Department of Information Systems and the Oklahoma Information Services Division of the Office of Management and Enterprise…
What does it take to clear the Missouri AG's check on the form of an initiative petition amending the state constitution?
Compliance with § 116.040, RSMo's formal requirements. The AG rejected initiative petition 2020-062 (submitted by Heidi Miller to amend Article IV of the Missouri Constitution) for failing those…
Can Connecticut eliminate the religious exemption from mandatory school vaccinations without violating the Constitution?
The Connecticut AG concluded in 2019 that state law let the legislature create, eliminate, or suspend the religious exemption to mandatory school immunizations without violating the federal or state…
Did the Missouri AG approve the fiscal note saying the Hayes Chapter 558 initiative could create state savings with no local cost?
Attorney General Eric Schmitt approved the legal content and form of the State Auditor's fiscal note summary for the Shetova Hayes initiative petition (20-056), which proposed amending Chapter 558…
Did the Missouri AG approve the fiscal note summary that said the Reed Article I initiative would have no state or local cost or savings?
Attorney General Eric Schmitt approved the legal content and form of the State Auditor's fiscal note summary for the Steven Reed initiative petition (20-055), which proposed amending Article I of…
How could an elected South Carolina fire district raise its millage or combine with another district in the same county?
The AG said elected commissioners could seek a millage increase only through the specified statutory procedures, not the general authority to adjust service charges. Districts in the same county…
Did the Missouri AG approve the form of the 2020 Steven Reed initiative petition to amend Article IV of the Missouri Constitution?
Attorney General Eric Schmitt rejected the sufficiency as to form of the Steven Reed initiative petition (2020-061), which proposed to amend Article IV of the Missouri Constitution, because it did…
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