State AG Opinions
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What Medicaid expansion summary did the Attorney General approve for petition 2020-053?
The approved statement describes expansion for people ages 19 to 64 at or below 133% of the federal poverty level, limits added eligibility or enrollment burdens, and directs state agencies to…
Can the subject of an Arkansas FOIA request for police-internal-affairs records block their release based on requester noncitizenship, requester motive, or a record-keeping statute?
The AG could not opine definitively on the merits because she had not seen the records. But she said the reasons Mr. Arthur (a former police chief) gave for objecting to release of three Springdale…
Can an Arkansas state legislator earn income from a contract with a Metropolitan Planning Organization that is funded by an Arkansas Economic Development District?
Yes, with caveats. The AG concluded that Article 5, section 10 of the Arkansas Constitution did not bar the arrangement because an MPO is not a 'civil office under this State,' and the state-agency…
Do Federal Protective Service officers still have arrest powers under Texas law after Congress repealed the old federal statute they were appointed under?
Yes, the AG advised. An El Paso district attorney asked whether Congress's repeal of 40 U.S.C. section 318 stripped Federal Protective Service officers of the arrest and search-and-seizure authority…
Could a South Carolina sheriff assign a school resource officer to a private nonprofit school?
The AG concluded the statute authorizing school resource officer assignments applied only to public school systems and districts, so it did not authorize the proposed private school assignment.…
Could Delaware withhold a video shown at a public licensing hearing based on privacy claims for a deceased inmate and others visible in it?
The AG found no basis for the Department of State to withhold this video under the privacy grounds it asserted. The deceased inmate's family supported release or chose not to object, and the…
Did the Missouri AG approve the ballot summary for the 2020 initiative to tax capital gains and dividends to fund renewable energy?
Attorney General Eric Schmitt approved the legal content and form of the Secretary of State's proposed summary statement for the Winston Apple initiative petition (2020-049), which proposed to tax…
Did the Missouri AG approve the form of the Hurth petition to amend Article VIII of the Missouri Constitution?
Attorney General Eric Schmitt rejected the form of the Charles Hurth initiative petition (2020-060), which proposed to amend Article VIII of the Missouri Constitution, because the petition did not…
Can a city release a former police chief's personnel and disciplinary records under the Arkansas FOIA when the chief objects on the ground that the file was already produced to the press?
The AG concluded the City of Tontitown's custodian had correctly applied the FOIA to a request for former police chief Kris Arthur's personnel file. The records were properly classified as personnel…
Can the mayor of a California general law city also serve on the local fire protection district's board of directors?
Only as the city's designated appointee. The Riverbank mayor can simultaneously sit on the Stanislaus Consolidated Fire Protection District board if Riverbank itself appoints her under Health & Saf.…
Are quality-assurance reports about Delaware prison healthcare contractor Connections CSP available under FOIA, or are they confidential peer-review records?
Confidential. The AG accepted DOC's representation that the Health Services Reports it received from Connections function as peer-review records under 24 Del. C. § 1768 and so are not 'public…
Can a Delaware news outlet obtain crash data from DelDOT's Crash Analysis Reporting System if victim information is anonymized?
No. The AG concluded the CARS data was exempt on two grounds: 21 Del. C. § 313 makes the accident reports DSHS tabulates not open to public inspection (so § 10002(l)(6) removes them from FOIA), and…
Did the Missouri AG approve the fiscal note for the Pieper Article VI petition affecting St. Louis County municipal revenues?
Attorney General Eric Schmitt approved the State Auditor's fiscal note summary for the Christopher Pieper initiative petition (20-054), which proposed to amend Article VI of the Missouri…
Did the Idaho AG's Certificate of Review flag legal problems with a 2019 citizen initiative that would have rewritten Idaho's initiative-and-referendum statute?
Yes. The certificate identified conflicting effective-date provisions and signature deadlines, and warned that two re-enacted criminal provisions had been struck down by a federal court. It…
Does the Hardy County 911 Center have to send copies of every initial computer-aided dispatch (CAD) to the prosecuting attorney's office on request?
The AG concluded that under W. Va. Code § 24-6-13 the 911 Center has discretion (not a duty) to send all CADs. Two narrower statutes can create mandatory disclosure: § 49-4-410 requires production…
Can a West Virginia deputy sheriff who works in one county run for sheriff in a different county where he lives?
The AG concluded that the plain text of W. Va. Code § 7-14-15(a)(4) only forbids deputy sheriffs from being a candidate or holding office 'in the county in which he or she is employed.' A Hardy…
When out-of-state organizers run a one-weekend drag racing event filmed by Discovery Channel, do they and their food and merchandise vendors need West Virginia business licenses, and is it legal for spectators to bet on the races?
The AG concluded that event organizers and merchandise/food vendors all need a West Virginia business registration certificate under W. Va. Code § 11-12-3, food vendors additionally need a permit…
Can a city release a former employee's disciplinary records under the Arkansas FOIA when the employee objects?
The AG concluded the City of Marianna's custodian could release two disciplinary records of a former employee in response to a FOIA request. The four-part test for employee-evaluation records was…
Could a South Carolina technical college provide the basic training required to certify police officers?
The AG said the Criminal Justice Academy was the sole state institution authorized to conduct mandatory basic training for officer certification, and the Training Council did not have to allow an…
Could someone obtain South Carolina police certification test questions through a FOIA request?
The AG concluded reusable Criminal Justice Academy certification test questions were scholastic records outside FOIA's public-record definition, so the Academy did not have to disclose them. The…
When a Delaware city's staff meets with a developer applicant outside of any public meeting, must the city create and produce agendas and minutes for those staff meetings?
No. On the record presented, the AG found neither gathering was a meeting of a public body, so Rehoboth Beach did not have to create agendas or minutes. The two Commissioners alleged to have…
Did the Missouri AG approve the form of the Miller petition to amend Article IV of the Missouri Constitution?
Attorney General Eric Schmitt rejected the form of the Heidi Miller initiative petition (2020-059), which proposed to amend Article IV of the Missouri Constitution, because the petition was not in…
Could a South Carolina agency withhold employee sick leave and attendance records under FOIA's privacy exemption?
The AG concluded an agency could not withhold leave requests or attendance logs wholesale under the privacy exemption. It said a court would likely allow limited redactions of medical details or…
Did the Missouri AG approve the Auditor's fiscal note summary for Heidi Miller's initiative petition (20-053) amending Chapter 208 (Medicaid)?
Attorney General Eric Schmitt approved the State Auditor's fiscal note summary for Heidi Miller's initiative petition 20-053, a proposed amendment to Chapter 208 of the Revised Statutes of Missouri…
Did the Missouri AG approve the form of the Pauly Lentz initiative petition to amend Chapter 128, RSMo?
Attorney General Eric Schmitt rejected the form of the Pauly Lentz initiative petition (2020-058), which proposed to amend Chapter 128 of the Revised Statutes of Missouri. The petition did not…
Can the same person serve on a California school district board and a local utility district board at the same time?
Probably not. The California Attorney General granted leave to sue under quo warranto, finding a substantial issue that the offices are incompatible because the utility district has authority to…
Can losing candidates challenge a California county retirement board election when ballots were mishandled and county resources were used for campaigning?
Yes, in part. The California Attorney General granted leave to sue in quo warranto against two of three Fresno County Employees' Retirement Association trustees, finding substantial questions about…
Did the Missouri AG approve the fiscal note summary for Winston Apple's initiative petition (20-049) amending Chapters 286 and 143?
Attorney General Eric Schmitt approved the State Auditor's fiscal note summary for Winston Apple's initiative petition (20-049), a proposed amendment to Chapter 286 (Labor and Industrial Relations)…
Could a volunteer firefighter also serve on the board of a related special tax district?
The AG said simultaneous service for the private volunteer fire corporation and the tax district was not prohibited dual office holding. It could not decide whether a separate supervision-based…
Would Tennessee's proposed Anti-Semitism Awareness Act, which directs schools and universities to use a specific definition of 'anti-Semitism' in discrimination investigations, violate free speech?
No. HB 600/SB 1250 (2019) would have given Tennessee schools and universities a State Department definition of 'anti-Semitism' to use when investigating whether discriminatory conduct was motivated…
What tax and energy proposal did the Attorney General’s approved summary for petition 2020-048 describe?
The summary describes a state tax on long-term capital gains and qualified dividends, with revenue used to increase wind and solar electricity until it supplies at least 90% of Missouri electricity,…
Did the Missouri AG approve the form of the Mark Pedersen petition to amend Article XIV of the Missouri Constitution?
Attorney General Eric Schmitt rejected the form of the Mark Pedersen initiative petition (2020-057), which proposed to amend Article XIV of the Missouri Constitution, because the petition did not…
When someone asks a South Dakota county coroner for a copy of an autopsy report (where the requester is not law enforcement and not the deceased person's next of kin), is the autopsy report a public record that the coroner has to release?
No. The AG concluded that autopsy reports requested by a coroner are exempt from public disclosure under SDCL 1-27-1.5(2) (medical records), SDCL 1-27-1.5(5) (investigatory body records), and SDCL…
In a South Dakota county that has combined the offices of County Auditor and Register of Deeds into one office under one elected official, when does that official's term begin, the first Monday in January (the Register of Deeds date) or the first Monday in March (the Auditor date)?
The first Monday in January. SDCL 7-7-1.3 specifies that the term of office for a combined county position begins on the first Monday in January following the election. The Buffalo County official…
Does Delaware FOIA force an agency to answer my questions or just to produce existing records?
The Delaware AG found Wells's response-delay petition moot after the Auditor of Accounts linked him to a financial report. It did not decide whether the earlier delay violated FOIA and noted that…
Did the Missouri Attorney General approve the form of Shetova Hayes’s petition 2020-056?
Yes. The Attorney General approved Shetova Hayes’s petition 2020-056 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 form of the Steven Reed initiative petition to amend Article I of the Missouri Constitution?
Attorney General Eric Schmitt approved the form of the Steven Reed initiative petition (2020-055), which proposed to amend Article I of the Missouri Constitution (Bill of Rights). § 116.332 leaves…
Could a summer day camp avoid South Carolina child care licensing by enrolling children in successive short sessions?
The AG said the short-session day camp exception could not be used to let the same child attend successive sessions beyond the statutory attendance limit. It treated that arrangement as outside the…
Does an ICE detainer with a Form I-200 warrant require a Virginia sheriff or jail to keep someone in custody after they would otherwise be released?
No. The Virginia AG concluded that an I-247A ICE detainer, even when accompanied by a Form I-200 administrative warrant, does not obligate or authorize Virginia law enforcement to hold someone for a…
Can Virginia local police arrest someone solely for a civil immigration violation, and what risks come with signing a § 287(g) agreement with ICE?
The AG concluded prior opinions (2007 and 2010) holding that state and local officers may not arrest individuals for civil immigration violations without express federal authorization remained…
Can a California city council reverse its earlier appointment of one of its members to a regional joint powers board, and can a voter challenge that reversal in quo warranto?
Yes, the council can. The Santa Barbara City Council's at-pleasure appointee to the SBCAG governing board could be replaced by majority vote at any time. The Attorney General denied a voter's quo…
Can a Texas groundwater district define 'agricultural crop' narrowly to charge turf growers a higher water fee?
Probably not, the AG advised. The Mid-East Texas Groundwater Conservation District defined 'agricultural crop' as 'food or fiber commodities grown for resale of commercial purposes that provide…
Does a Texas county have to take competitive bids before signing a contract to run its municipal airport?
Maybe not, the AG advised, but it depends on the facts and the AG would not rule on the specific contract. A Presidio County attorney asked whether the county could accept a $108,000 contract (three…
Can a California city or county charge a developer a public benefit fee that applies only to the bonus units it earned for providing affordable housing?
No. The state Density Bonus Law preempts a local ordinance that conditions a density bonus on payment of a public benefit fee imposed only on the bonus units. Such a fee taxes the very incentive the…
Which South Carolina agency reviewed permits for changes to New Savannah Bluff Lock and Dam?
The AG concluded DHEC, rather than the Savannah River Maritime Commission, would likely decide the water quality certification and navigable waters permit for the Corps' proposed project. The…
Did the Missouri AG approve the State Auditor's fiscal note summary for the Winston Apple initiative on Chapters 286 and 143?
Yes. The Missouri AG approved the legal content and form of the State Auditor's fiscal note summary for Winston Apple's initiative petition (20-048), which proposed amendments to Chapter 286 (Labor…
Did the Missouri AG approve the Secretary of State's ballot summary for the Winston Apple petition to shrink the House and adopt party-list voting?
Yes. The Missouri AG approved the legal content and form of the Secretary of State's summary statement for Winston Apple's initiative petition (2020-046, version 2), which would have amended Article…
Did the Missouri Attorney General approve the form of Christopher Pieper’s petition 2020-054?
Yes. The Attorney General approved Christopher Pieper’s petition 2020-054 as to form. The Secretary of State retained final authority to approve or reject it; substantive sufficiency was not decided.
Could Tennessee constitutionally shrink drug-free school zones from 1000 feet to 500 feet only in counties with populations over 300,000 (Shelby, Davidson, Knox, Hamilton)?
It depends on whether a reason related to population could justify the variation. The bill would shrink drug-free school zones from 1,000 to 500 feet in counties with at least 300,000 residents. The…
Can a California water district contribute to its directors' retirement plans or pensions without violating the Water Code's caps on director compensation?
Yes. Water Code sections 20201 and 20202 address daily stipend increases for water district directors, but the AG concluded they do not override enabling statutes that authorize retirement…
When a Delaware mayor asks two commissioners and the town manager during a public meeting to look into a FOIA complaint, does that trigger a new round of open-meeting requirements?
No. The AG found no FOIA violation: there was no evidence the individuals had met or were about to meet, a preliminary research request need not be on the meeting agenda, and the Town confirmed the…
If Tennessee's Healthy Workplace Act is extended to private employers, what immunity, burdens, and definitions would apply to workplace-bullying claims?
Extending the Healthy Workplace Act to private employers (HB 856/SB 815, 2019) would give private employers the same suit immunity public employers already had if they adopted the TACIR model…
Could Pickens County Water Authority serve a customer outside Liberty when the city had a nearby water line?
The AG said the authority could serve a Pickens County customer outside municipal limits if that area was not served by a municipality when the authority's 1971 enabling act took effect. A nearby…
Does a Delaware FOIA response-delay petition become moot if the agency answers the request after the petition is filed?
The Delaware AG found the response-delay petition moot because DSHS gave a final answer the same day McKendell petitioned. DSHS withheld the requested police report and provided other records as a…
Can the Arkansas General Assembly move functions, divisions, or revenue from the Department of Transportation to a different agency?
It depends. The AG concluded that the General Assembly is constitutionally barred by Amendment 42 from transferring the Highway Commission's administrative control over the Arkansas Department of…
On an Arkansas county construction project, can the construction manager also serve as the general contractor without competitive bidding?
The AG answered no on the stated assumption that the county would give the construction manager the general-contractor work without competitive bidding, where project costs exceed $35,000. The…
Is the special language in Arkansas Act 274 of 2014, which let ADEQ recover post-closure landfill costs, unconstitutional logrolling under the one-subject rule?
The AG declined to opine on the merits because the $18 fee was actually imposed by a court order, and longstanding AG-office practice avoids second-guessing facially valid court orders. The opinion…
Can an Arkansas suburban improvement district issue building permits, enforce zoning, or fight nuisances like a city or county can?
No. The AG concluded that an Arkansas suburban improvement district has no police power and therefore cannot promulgate rules, impose penalties, or take official action on building permits,…
If a married couple are both disabled veterans living in separate homes in different counties, can each one claim a separate disabled-veteran property tax exemption?
No. The AG concluded that Ark. Code Ann. § 26-3-306 lets a disabled veteran exempt 'the homestead' (one) from property tax, regardless of marital status or how the property is titled. The definite…
When a nonprofit fire department converts to an Arkansas fire protection district, which statutory procedures must the county follow?
When a nonprofit fire department petitioned to convert to a fire protection district under Ark. Code Ann. § 14-284-226, the AG concluded the county had to follow the procedures in subchapter 2 of…
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