State AG Opinions
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Does the Arkansas Constitution's right-to-bear-arms clause give Arkansans broader gun rights than the Second Amendment?
The AG declined to answer. Article 2, section 5 of the Arkansas Constitution has barely been interpreted by Arkansas appellate courts since the 1800s, and the AG concluded that any opinion on its…
When a pharmacy sits inside a big-box store or grocery store, does the West Virginia Board of Pharmacy regulate the whole store or just the pharmacy area?
The AG concluded that the Board of Pharmacy's regulatory jurisdiction under W. Va. Code § 30-5-7 reaches only the area of a retail establishment where drugs are dispensed and pharmacist care is…
Does a West Virginia county commission have to provide office space at the county's expense for the elected county surveyor and the surveyor's staff (even unpaid staff like a mapper)?
The AG concluded that under W. Va. Code § 7-3-2, the county commission must provide 'suitable offices' for the county surveyor (a constitutional officer under art. IX, § 1) and the necessary…
Can a non-Delaware resident obtain presentence investigation reports of executed Delaware inmates through a FOIA request?
No. The AG concluded that presentence investigation reports were protected on two independent grounds: as investigatory files under § 10002(l)(3), where privacy is not a factor, and as records that…
Did the Missouri Attorney General approve the form of Heidi Miller’s petition 2020-053?
Yes. The Attorney General approved Heidi Miller’s petition 2020-053 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 Heidi Miller initiative petition to amend Article IV (2020-052)?
No. The Missouri AG rejected the form of Heidi Miller's initiative petition (2020-052), which would have amended Article IV of the Missouri Constitution, because the petition was not in the form…
Why did the Missouri Attorney General reject the form of Mark Pedersen’s petition 2020-051?
The Attorney General rejected Mark Pedersen’s petition 2020-051 as to form because it did not show deleted matter in brackets and new matter underlined as § 116.050, RSMo, requires. The letter did…
When the custodian asks the AG to decide whether interview statements are an employee's personnel record or another employee's evaluation record, can the AG make that classification?
The AG declined to opine. The City of Little Rock's FOIA Coordinator was uncertain whether interview statements taken during an internal harassment investigation belonged in the complainant's…
Which South Carolina offenses triggered the rule against masking a commercial driver's conviction?
The AG read the rule to cover state traffic offenses and local laws regulating motor vehicle use on public roads, subject to the regulation's stated exceptions. It called the interpretation…
Who bears correction costs if a South Carolina school district certifies a millage rate above the lawful limit?
The AG said an entity that certifies an excessive rate in writing to the county auditor must pay statutory correction costs. It thought a court would likely count the costs of whichever correction…
Can a West Virginia county design its own sick-leave policy for county employees, including a leave-donation program, even if state employee policy doesn't have the same features?
The AG concluded that under W. Va. Code § 7-5-21, county commissions have broad statutory authority to set their own sick-leave policies for county employees, including leave-donation programs, and…
Can a West Virginia city council remove one of its own members by a vote under the city's charter, or does it have to follow the state-law removal process?
The AG concluded that a city's charter cannot displace W. Va. Code § 6-6-7. Removal of an elected municipal officer for cause must be initiated by resolution, prosecuting attorney, or citizen…
Does a Virginia Commonwealth's Attorney have to let local child protective services join the multidisciplinary team that reviews child sex abuse cases?
Yes. The Virginia AG concluded that Va. Code § 15.2-1627.5 uses 'shall participate' for child protective services, making CPS representation mandatory at the jurisdiction's multidisciplinary child…
Why did the Missouri Attorney General reject Jackie Johnson’s petition 2020-050 as to form?
The Attorney General cited failure to follow the form prescribed by § 116.040 and failure to show deletions in brackets and new matter underlined as § 116.050 requires. The letter did not review for…
Did the Missouri AG approve the form of the Winston Apple initiative petition to amend Chapters 143 and 286 (version 2020-049)?
Yes. The Missouri AG approved the form of Winston Apple's initiative petition (2020-049), which proposed to amend Chapter 143 (Income Tax) and Chapter 286 (Labor and Industrial Relations) of the…
Can a Florida county require businesses to use E-Verify as a condition of getting their local business tax receipt?
No. The AG read Chapter 205 as the exclusive grant of authority for the local business tax; E-Verify is not among the conditions the Legislature authorized counties to impose.
Can a non-charter county in Florida impose term limits on its county commissioners?
No. The Florida AG concluded in 2019 that non-charter counties have no constitutional or statutory authority to impose term limits on commissioners, and that the Legislature itself cannot grant that…
Could South Carolina counties collect commercial vehicle road use fees and forward them to DMV?
The AG said a court would likely defer to DMV's reading that a fee paid to a county and then remitted to DMV counted as paid to DMV. Its reasoning partly depended on whether the prior revenue…
Could Chesterfield County's animal control director also work as a town police officer?
The AG said the constitutional two-office rule did not prohibit both jobs on the facts supplied. It treated the animal control director as a county employee, rather than a second public officer.
Can a Florida nonprofit's board of directors put non-directors on a committee that exercises board authority?
No. The Florida AG concluded in 2019 that section 617.0825(1) lets a board designate committees only 'from among its members.' Outside (non-director) people cannot sit on a committee that exercises…
Did the Missouri AG approve the State Auditor's fiscal note summary for Winston Apple's initiative petition (20-046) amending Article III of the Missouri Constitution?
Yes. The Missouri AG approved the legal content and form of the State Auditor's fiscal note summary for Winston Apple's Article III initiative petition (20-046). The Auditor estimated state…
When a Delaware city goes into executive session to discuss its draft response to a citizen's pending FOIA petition, which executive session exemption actually applies?
The AG found that the FOIA petition process qualified as pending litigation in these circumstances and that an open discussion of the City's draft response would harm its litigation position. The…
Is a school district's decision to withhold employee-evaluation records under the Arkansas FOIA proper when the employee was never suspended or terminated?
Yes. The North Little Rock School District's records custodian classified the records as employee-evaluation records and withheld them because the four-part test for release was not met. The AG…
Can Virginia rename Jefferson Davis Highway in Arlington County without an act of the General Assembly?
Yes. The Virginia AG concluded that the Commonwealth Transportation Board may rename the Arlington County portions of Jefferson Davis Highway under Va. Code § 33.2-213, provided the Arlington County…
Did Wilmington violate Delaware FOIA by demanding $170 to produce a mayor's appointment calendar?
The Delaware AG concluded that the City of Wilmington did not violate FOIA by giving a $170.01 cost estimate for the mayor's appointment calendar. A cost estimate is not a denial of records; the…
When the records custodian is unsure whether a UAMS research-misconduct report is a personnel or evaluation record, can the AG opine on whether the FOIA release is proper?
The AG declined to issue a definitive opinion. Her review under § 25-19-105(c)(3)(B)(i) is triggered only after the custodian first classifies a record as either a personnel record or an…
Could the Maine legislature let each municipality decide whether to exempt all personal property and business equipment from taxation, or did the state constitution require uniform statewide rules?
AG Frey raised significant constitutional concerns about LD 824, which would let each municipality decide whether to exempt personal property. He cited Article IX §§ 8 and 9, Brewer Brick, and three…
Could a South Carolina prosecutor serve as a certified law enforcement officer in the State Guard?
The AG said a city or county prosecutor could serve as an officer in the State Guard's Provost Marshal Detachment without violating the two-office rule. The state constitution expressly excepted an…
Did the Missouri Attorney General approve the form of Winston Apple’s petition 2020-048?
Yes. The Attorney General approved as to form the petition to amend Chapters 143 and 286. The Secretary of State retained final authority to approve or reject it.
Could a South Carolina school superintendent close a public school without a board vote?
The AG said the district board, not its superintendent, held the exclusive choice whether to operate a public school. It said a board wishing to close one needed a majority vote in a public session…
Did the Missouri AG approve the fiscal note summary for Christopher Pieper's Article VI petition (20-042) on St. Louis County metropolitan consolidation?
Yes. The AG approved the legal content and form of the fiscal note summary the State Auditor prepared for Christopher Pieper's initiative petition 20-042. The summary told voters individual St.…
If a city mayor wrote a termination memo for a public works director but later rescinded the termination, can the memo still be released under the Arkansas FOIA?
It depends on a fact question the AG could not resolve. The City of Cave Springs proposed to release a termination memo from its former mayor regarding the Public Works Department manager. The memo…
Can an Oregon municipality hire a private entity to administer and enforce its building inspection program?
Partly. The Oregon Constitution's nondelegation doctrine does not flatly prohibit a municipality from hiring private entities to perform governmental building inspection functions. But the…
Can the Tennessee Department of Revenue require an online marketplace facilitator to collect sales tax on transactions it completes for third-party sellers?
Yes, with one important limit. Online marketplace facilitators that solicit Tennessee consumers and consummate sales (operate the cart and payment) qualify as 'dealers' under Tenn. Code Ann. §…
Can a Florida county use tourist development tax (bed tax) money to add bicycle-friendly shoulders to a county road?
No, not under the small-county nature center option. The Florida AG concluded in 2019 that a paved scenic road, even one used by tourist cyclists, is not a 'nature center' under section…
Could a state require presidential and vice-presidential candidates to release their tax returns as a condition of appearing on the ballot?
Probably yes, though the AG flagged the analysis as a close call. The Presidential Qualifications Clause likely is not violated because tax disclosure is not the kind of inherent qualification…
Can a county constable enforce truck weight limits on county roads without state certification?
No, the AG advised. Liberty County asked about its constables enforcing county weight limits on county roads after the Texas Department of Transportation denied them weight-enforcement training,…
Could water district commissioners also serve on a nonprofit fire department's board?
The AG said commissioners of the Clearwater and Bath districts could also serve on the Midland Valley Fire Department nonprofit board without violating the constitutional two-office rule. It warned…
Can a Delaware town set a photocopy fee above FOIA's statutory fee schedule, and will the AG review that fee for reasonableness?
The Delaware AG found no FOIA violation in Dewey Beach's adoption of a 25-cent-per-page photocopy fee in its municipal code. The statutory fee schedule is not a cap, and the AG concluded it had no…
Does a freestanding emergency room owned by a Virginia hospital need its own license or a certificate of public need?
Not automatically. The Virginia AG concluded that a freestanding ER owned by a licensed hospital only needs a separate hospital license if it fits a 'general,' 'special,' or 'outpatient' hospital…
Do a city attorney and city administrator have to recuse themselves from a deal that affects their own nearby property?
Not on these facts, the AG advised. The City of Conroe's city attorney and city administrator negotiated a deal under which a landowner would donate part of a defunct golf course to the city for…
Could South Carolina first responders share overdose locations through ODMAP without violating medical privacy law?
The AG concluded the limited, nonidentifying overdose data described in the request could be used through ODMAP for response and treatment without likely violating HIPAA or state privacy law. Its…
Did the Missouri AG approve the form of Winston Apple's version-2 Article III initiative petition 2020-046?
Yes. The AG approved the form of Winston Apple's initiative petition 2020-046, version 2, which proposed to amend Article III (the Legislative Department) of the Missouri Constitution. Approval is…
If a university employee resigned, can his personnel and employee-evaluation records still be released under the Arkansas FOIA?
The AG declined to opine on the substance because she had not been provided the actual records and could not act as a fact-finder. She explained that a resignation, if it occurred, would affect…
Are Texas Physician Health and Rehabilitation Advisory Committee members entitled to state defense, indemnification, or liability limits?
The AG concluded that committee members were advisers, not public officers entitled to Attorney General representation and indemnification under chapter 104. A court likely would treat them as…
Could a South Carolina voyeurism charge apply when a sexual partner secretly records consensual sex?
The AG said yes when all statutory elements were met: consent to sex did not itself mean consent to a secret video. It gave an abstract interpretation and left probable cause, charging, and…
Did the Missouri AG approve the Secretary of State's ballot summary for Rik Combs's Article X personal-property-tax petition 2020-038?
Yes. The AG approved the legal content and form of the summary statement the Secretary of State prepared for Rik Combs's initiative petition 2020-038. The summary asked voters whether Missouri…
Who is the 'returning officer' that can order a special election for a vacant Texas legislative seat?
The county clerk, the AG advised, not the Secretary of State. Article III, section 13(a) of the Texas Constitution says that when a legislative seat becomes vacant and the governor does not issue a…
Can Delaware DNREC withhold property records under the pending-litigation exemption if the requester might sue their neighbor (not DNREC)?
The Delaware AG concluded DNREC violated FOIA. Potential litigation between two neighboring property owners is not the kind of pending-litigation the § 10002(l)(9) exemption was designed to protect.…
In Tennessee, can a judicial commissioner or a general-sessions-court magistrate swear in a newly elected or appointed official?
No. Tenn. Code Ann. § 8-18-109(b) lists who can administer an oath of office to a Tennessee elected or appointed official: county mayors, county clerks, judges of general sessions courts, and judges…
How does the Arkansas Attorney General decide whether to certify the popular name and ballot title of a proposed citizens redistricting amendment?
The AG certified the popular name and ballot title for a proposed Arkansas constitutional amendment that would create a seven-member citizens redistricting commission appointed by legislative…
Did South Carolina's charitable raffle amendment make casino night fundraisers legal?
The AG said no. It read the raffle amendments as preserving the prior law against traditionally conducted casino nights, while recognizing that entertainment-only events with no player prizes were…
Could a proposed South Carolina dog breeder law let inspectors enter homes without a warrant?
The AG warned that the proposed warrantless entry power was constitutionally suspect under the Fourth Amendment, especially for breeders' homes. It thought the closely regulated industry exception…
Could Mayo Area Fire District raise millage, run recurring deficits, and let commissioners fight fires?
The AG said millage increases were subject to statutory limits and a constitutional balanced-budget duty; repeated planned deficits could not bypass that duty. A commissioner serving as a volunteer…
What did the Delaware AG review when the Governor's office claimed executive privilege for redacted emails?
The AG found no FOIA violation because the Governor's office submitted an affidavit from counsel who reviewed the redacted records and a detailed explanation of its executive-privilege claim. The…
When can a Delaware town go into closed session to talk about rumored potential lawsuits or personnel matters?
The Delaware AG concluded South Bethany violated FOIA by holding an executive session for one topic based on a rumor of potential litigation, which is not an objective indicator. A second topic…
Did the Missouri AG approve the form of Christopher Pieper's initiative petition 2020-042 to restructure local government under Article VI?
Yes. The AG approved the form of Christopher Pieper's initiative petition 2020-042, which proposed to amend Article VI of the Missouri Constitution. Approval is procedural form review only. §…
Can a third party named in another employee's personnel file block release under the Arkansas FOIA based on embarrassment or potential slander?
No. Lisa Balencia objected to release of an Arkansas Department of Veterans Affairs document that mentioned her name in a former employee's FOIA-released personnel file. The AG concluded that the…
What legal standards do courts use to balance parents' rights against the government when it comes to raising their children?
The AG laid out the framework. A House committee chair asked what elements, factors, or standards courts use when weighing the State's interests against parents' fundamental rights to raise their…
Does a Texas county have to maintain a road and remove a locked gate if it's a 'public road'?
Only if it is a county road, the AG advised, and the AG would not resolve the underlying factual dispute. A Bosque County attorney asked whether the commissioners court had to maintain a road and…
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