State AG Opinions
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Can a Texas county give money to a school district or hospital district?
Only if the spending serves a genuine county purpose and meets the constitution's public-funds test, the AG advised. A Midland County attorney asked whether the county could pay a school district…
Can a Texas community college district get federal surplus land for a park or recreation use?
Yes, no state law forbids it, the AG advised, as long as the use serves a public purpose of the district. State Senator Eddie Lucio, Jr. asked whether the Texas Southmost College District's board of…
Can a Texas county pay travel, tuition, and dues for a contractor who isn't a county employee?
Travel expenses, yes if the worker was acting as a county agent on authorized county business; the other costs are harder, the AG advised. After Hurricane Harvey, Newton County contracted through…
Are payments a Texas county gets from hosting a waste disposal facility public funds it must oversee?
Yes, they are public funds, and the county cannot hand them off without keeping oversight, the AG advised. Andrews County receives five percent of the gross receipts from a compact (low-level…
Did Missouri's AG approve the form of the Carlton McRoberts 'Miranda Rights' initiative petition version 2 (2020-037)?
No. The AG concluded the petition had to be rejected because it was not in the form prescribed by § 116.040, RSMo, and did not show deletions in brackets and new matter underlined as required by §…
Did Missouri's AG approve the form of the Carlton McRoberts 'Miranda Rights' initiative petition (2020-036)?
No. The AG concluded the petition had to be rejected because it was not in the form prescribed by § 116.040, RSMo, and did not show deletions in brackets and new matter underlined as required by §…
Did Missouri's AG approve the Secretary of State's summary statement for the Michael Louis labor-union initiative petition version 4 (2020-015)?
Yes. The AG approved the legal content and form of the Secretary of State's proposed summary statement for the 2020-015 version 4 petition, which would have asked Missouri voters to amend Article I…
Did Missouri's AG approve the Secretary of State's summary statement for the Michael Louis labor-union initiative petition version 3 (2020-014)?
Yes. The AG approved the legal content and form of the Secretary of State's proposed summary statement for the 2020-014 version 3 petition, which would have asked Missouri voters to amend Article I…
Did Missouri's AG approve the Secretary of State's summary statement for the Michael Louis labor-union initiative petition version 2 (2020-013)?
Yes. The AG approved the legal content and form of the Secretary of State's proposed summary statement for the 2020-013 version 2 petition, which would have asked Missouri voters to amend Article I…
Did Missouri's AG approve the Secretary of State's summary statement for the first Michael Louis labor-union initiative (Petition 2020-012)?
Yes. The AG approved the legal content and form of the Secretary of State's proposed summary statement for Petition 2020-012, version 1, which asked voters whether they wanted to prohibit any law…
Did Missouri's AG approve the form of the Winston Apple initiative petition to amend Article III, version 2 (Petition 2020-035)?
No. The AG rejected the form because the petition did not show deletions in brackets and new matter underlined as required by § 116.050, RSMo. Same defect as version 1, opinion 16-2019.
Did Missouri's AG approve the form of the Winston Apple initiative petition to amend Article III (Petition 2020-034, version 1)?
No. The AG rejected the form because the petition did not show deletions in brackets and new matter underlined as required by § 116.050, RSMo. The Secretary of State retains final authority under §…
Did Missouri's AG approve the form of the Shetova Hayes initiative petition to amend Chapter 558, RSMo (Petition 2020-033)?
No. The AG rejected the form because the petition was not in the form prescribed by § 116.040, RSMo, and did not comply with § 116.060, RSMo. The Secretary of State retains final authority under §…
Did Missouri's AG approve the form of the Damien Johnson initiative petition for amending Article III (2020-032)?
Yes. The AG approved the petition's form under § 116.332, RSMo. The approval is not a determination on substance or an endorsement; under § 116.332, the Secretary of State has final authority to…
Did Missouri's AG approve the form of Theodis Brown's initiative petition to amend Chapter 320 of the Revised Statutes of Missouri (Petition 2020-031)?
No. The AG rejected the petition because it was not in the form prescribed by § 116.040, RSMo, and did not show deletions in brackets and new matter underlined. The Secretary of State retains final…
Can a city release the place of residence of every Little Rock firefighter under FOIA, or is that protected?
Withholding the firefighters' 'place of residence' was consistent with FOIA, but the controlling reason was Ark. Code Ann. 25-19-105(b)(13) (personal contact information including home addresses),…
Can an Arkansas city release a job applicant's application under FOIA over the applicant's objection?
Yes. Job applications and resumes for public-employee positions are personnel records under the Arkansas FOIA, releasable after redacting exempt personal information. The applicant's stated dislike…
What issues did South Carolina's AG identify in proposed inclusionary zoning bills S. 346 and H. 4162?
The Attorney General did not declare either bill unconstitutional. The 2019 opinion said new local taxing authority should be explicit, service fees should reflect actual costs, and using deed…
When West Virginia legalized medical marijuana, did the state have any way to protect banks and credit unions that wanted to serve cannabis businesses from federal liability?
The AG concluded that because marijuana is still a Schedule I controlled substance under federal law, no state action could fully shield financial institutions from federal civil or criminal…
Did Missouri's AG approve the form of Damien Johnson's initiative petition to amend Article III of the Missouri Constitution (Petition 2020-030)?
Yes. The AG approved the petition's form under § 116.332, RSMo. The subject line says 'rejection' but the body of the letter approves the form. The body governs. The Secretary of State has final…
Did Missouri's AG approve the form of Rik Combs's initiative petition to amend Article X of the Missouri Constitution (Petition 2020-029)?
No. The AG rejected the petition because it was not in the form prescribed by § 116.040, RSMo. The Secretary of State retains final authority under § 116.332.4.
Did the Missouri Attorney General approve the form of Gerald Peterson's initiative petition to amend Chapter 115?
No. AG Eric Schmitt rejected the form of Gerald Peterson's initiative petition (2020-028) to amend Chapter 115, Revised Statutes of Missouri. The petition failed to enclose deletions in brackets and…
Did South Carolina's handgun carry law incorporate federal firearm prohibitions in 2019?
The Attorney General concluded that a court would likely read the phrase 'unless specifically prohibited by law' in South Carolina's handgun carry statute as excluding prohibitions existing only…
Can a Florida city or county pass its own ordinance regulating e-cigarettes, vaping, and nicotine sales, or has the Florida Legislature preempted local regulation?
The Florida AG's office concluded in 2019 that section 877.112 did not preclude a local nicotine ordinance that avoided conflict with its provisions. The office did not assess any specific ordinance…
Can a Florida county accept a notarized photocopy of a signed-and-sealed engineering or architecture document for permit review, instead of the original?
No. The Florida AG concluded in 2019 that a notary's attestation that a copy is 'true and correct' or that the original signature 'complies with state law' does not turn the copy into the legal…
When Florida voters change a county school superintendent from an elected to an appointed position, can the school board immediately replace the sitting elected superintendent?
No. The Florida AG concluded in 2019 that Article IX, section 5 of the Florida Constitution does not contain the clear and unequivocal language needed to cut short an elected superintendent's…
Did Missouri's AG approve the form of Gerald Peterson's initiative petition to amend Chapter 208 of the Revised Statutes of Missouri (Petition 2020-027)?
Yes. The AG approved the petition's form under § 116.332, RSMo. The approval does not speak to substance and does not preclude the Secretary of State from rejecting the petition.
Did Missouri's AG approve the form of Gerald Peterson's initiative petition to amend Chapter 147 of the Revised Statutes of Missouri (Petition 2020-026)?
Yes. The AG approved the petition's form under § 116.332, RSMo. The approval does not speak to substance and does not preclude the Secretary of State from rejecting the petition. Final authority on…
Did the Missouri Attorney General approve the form of Damien Johnson's initiative petition to amend Article III of the Missouri Constitution?
Approved as to form only. AG Eric Schmitt approved the form of Damien Johnson's initiative petition (2020-025) to amend Article III of the Missouri Constitution. The Secretary of State has final…
Did the Missouri Attorney General approve the form of Patricia Thomas's initiative petition to amend Article V (Version 2) of the Missouri Constitution?
Approved as to form only. AG Eric Schmitt approved the form of Patricia Thomas's initiative petition (2020-024) to amend Article V, Version 2, of the Missouri Constitution. The Secretary of State…
Did the Missouri Attorney General approve the form of Patricia Thomas's initiative petition to amend Article V (Version 1) of the Missouri Constitution?
Approved as to form only. AG Eric Schmitt approved the form of Patricia Thomas's initiative petition (2020-023) to amend Article V, Version 1, of the Missouri Constitution. The Secretary of State…
Did the Missouri Attorney General approve the form of Patricia Thomas's initiative petition to amend Article XIV, Sections 1-5 of the Missouri Constitution?
Approved as to form only. AG Eric Schmitt approved the form of Patricia Thomas's initiative petition (2020-022) to amend Article XIV, Sections 1-5 of the Missouri Constitution. The Secretary of…
Did the Missouri Attorney General approve the form of Patricia Thomas's initiative petition to amend Article XIV, Section 1 of the Missouri Constitution?
Approved as to form only. AG Eric Schmitt approved the form of Patricia Thomas's initiative petition (2020-021) to amend Article XIV, Section 1 of the Missouri Constitution. The Secretary of State…
Did the Missouri Attorney General approve the form of Patricia Thomas's initiative petition to amend Article VI of the Missouri Constitution?
Approved as to form only. AG Eric Schmitt approved the form of Patricia Thomas's initiative petition (2020-020) to amend Article VI of the Missouri Constitution. The Secretary of State has final…
Did the Missouri Attorney General approve the form of Patricia Thomas's initiative petition to amend Article I of the Missouri Constitution?
Approved as to form only. AG Eric Schmitt approved the form of Patricia Thomas's initiative petition (2020-019) to amend Article I of the Missouri Constitution. The Secretary of State has final…
Does a Texas county clerk have to record a printed-out copy of an electronically signed document?
It depends entirely on which statute governs the document, the AG advised. The Guadalupe County Clerk's office does not accept electronic recording, and filers used to e-recording elsewhere were…
Can a funeral home decide burial or cremation from what someone bought in a prepaid funeral plan?
No, the AG advised. The Texas Banking Commissioner asked whether a funeral provider may infer a decedent's preferred method of disposition — burial, cremation, or another option — from the contents…
When does a Texas home-rule city treat a council member as absent, and when must a member abstain from a vote?
The AG advised that both questions depend on facts and charter language it cannot resolve in an opinion, but gave the governing principles. On the absence question, the AG concluded that without a…
Can a Texas county spend its chapter 324 health-services sales tax on mosquito control, animal services, or emergency management?
It depends on the specific expense, the AG advised. Chapter 324 of the Tax Code lets certain counties impose a sales and use tax, but section 324.081 says the revenue 'may be used only to provide…
How should the Texas General Land Office report the Permanent School Fund as nonspendable in its annual financial statements?
The AG advised that the Permanent School Fund is nonspendable except for the specific distributions and payments the Texas Constitution authorizes, and it should be classified that way. Article VII,…
Can the same person be a Texas county judge and a school board trustee at the same time?
No, the AG concluded, at least where the county and the school district cover the same ground. The Webb County Attorney asked about a person who, while serving as a Jim Hogg County Independent…
Can a Texas state legislator also work as the paid president of a municipal management district?
It depends on whether the legislator is an employee or an independent contractor, the AG advised, confirming an earlier opinion (GA-0386). Article XVI, section 40(d) of the Texas Constitution says…
Can a Texas legislator be paid by a city or county to represent it before a state agency?
Generally yes as a contractor, but not as the local government's employee, the AG advised. No statute specifically stops a legislator from accepting compensation to represent a unit of local…
If a Florida county mayor personally appoints a constituent advisory group, does the Sunshine Law require the group to meet in public?
It depends on what the group does, not who appointed it. The Florida AG concluded in 2019 that an advisory group formed by Broward County Mayor Mark Bogen would be subject to the Sunshine Law if it…
Do Arizona's three state universities have to send the state a share of licensing and royalty income before deducting expenses, or only after?
Before deducting expenses. The AG read A.R.S. § 15-1670(G)'s use of 'income' to mean gross income, so the universities owe their statutory percentage on the full amount received from licenses,…
Can a county library board offer employee benefits that the quorum court has not approved for other county employees?
Library employees were not categorically barred from receiving benefits unavailable to other county employees, but counties had to keep employee policies uniform under Ark. Code Ann. 14-14-805(2).…
Does an Arkansas county's no-interest line of credit to repair a road grader fall within the Amendment 78 short-term financing rules?
A no-interest line of credit can fit within Amendment 78's short-term financing rules so long as the amendment's purposes, conditions, and limits are met. But the AG concluded that rebuilding a road…
When a charter school abruptly closes mid-year, who can authorize the Arizona Department of Education to update student records so kids can enroll elsewhere?
The supervisory entity can. When an Arizona charter school abruptly closes and can't update its student data, the State Board for Charter Schools (or other sponsoring entity) can authorize ADE to…
Could a South Carolina county legislative delegation's ad hoc committee subpoena school district witnesses or documents?
The Attorney General concluded that a county legislative delegation's investigative committee would need specific legislative authority to compel testimony or documents unless it qualified as a…
What legal options exist when Virginia public school buildings are too run-down to give students a good education?
The Virginia AG concluded that the federal remedies discussed in the opinion address school inequalities tied to race or sex discrimination. Virginia's Constitution assigns school funding decisions…
When is a Virginia waterfront facility exempt from VMRC bottomland-use royalties, and does a watercraft dealer license or oyster offloading qualify?
The Virginia Marine Resources Commission has authority to make reasonable, fact-based determinations about whether a facility qualifies as a 'commercial facility' under Code § 28.2-1206(B) and…
Could a Pope County judge sign a casino-support letter despite a county ordinance limiting that authority, and could a successor revoke it?
The Attorney General declined to answer because the questions were already pending in Pope Circuit Court in Knight v. Gibson, and longstanding office policy is to avoid opinions on matters before…
Can an Arkansas quorum court delay action indefinitely on a fire department's request to levy dues on real property tax statements?
There is no statutory deadline requiring the quorum court to take up a fire department's section 14-20-108 dues levy request at its next meeting. But the statute may not be stymied by tabling…
Can someone in Arkansas hold both a public school board seat and the office of county coroner at the same time?
It depends on the order. A sitting school board member can run for and serve as coroner because Article 19, section 26 expressly allows officers of public schools to be elected to executive office.…
Can the Arkansas General Assembly regulate or amend a county sheriff's contract for jail commissary services?
The opinion declined to give a definitive answer in the abstract, but noted that a sheriff cannot unilaterally contract for the county. That authority sits with the county judge under Amendment 55.…
Does the Criminal Justice Institute have to provide school active-shooter training when only discretionary funds, not an appropriation, are available?
No. Ark. Code Ann. 6-15-1303(c)(1) makes the Criminal Justice Institute's school safety training obligation 'subject to an appropriation and funding.' Discretionary funds committed by the…
Can the Bella Vista Property Owners Association legally shut off a member's water for unpaid POA dues?
The AG declined to opine. Whether the Bella Vista POA may shut off water for unpaid POA dues is a question of contract between the POA (a private nonprofit) and its members. The AG is statutorily…
Do Arkansas police officers have authority to take someone into custody for mental health screening when their county has no crisis stabilization unit?
Without a designated crisis stabilization unit, Act 423 supplies no custody authority. Other emergency statutes may apply; the AG gave § 20-47-210 as one example but did not decide the request’s…
Can Arkansas license a nurse who was convicted of arson out of state but later pardoned by that state's governor?
No. A nolo contendere plea or conviction for one of the offenses listed in Ark. Code Ann. 17-87-312(l)(2), including first-degree arson, is a permanent bar to Arkansas nursing licensure. A pardon…
Does a Tennessee legislator have to disclose travel paid for by a foreign government, or does the 'governmental entity' exemption cover it?
Probably yes (must disclose). The Tennessee AG concluded the disclosure exemption for travel paid by a 'governmental entity' is ambiguous on foreign governments, but the statutory context and…
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