State AG Opinions
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Do California's open-meeting, public-records, and government-ethics laws apply to charter schools the same way they apply to traditional public schools?
Yes. The AG concluded charter schools and their governing bodies are subject to the Ralph M. Brown Act, the Public Records Act, the Government Code section 1090 conflict rule, and the Political…
Can a Washington local clean air agency regulate odors from cannabis production facilities, including by setting standards stricter than the state's, and what procedures must it follow?
Yes. Local clean air agencies have broad statutory authority to regulate odors as 'air contaminants' under the Clean Air Act, can set rules stricter than state standards, and need not wait for the…
Could Maryland handle a juvenile offense committed at Aberdeen Proving Ground?
Likely yes. The Attorney General concluded that Maryland authorities could exercise juvenile jurisdiction at Aberdeen Proving Ground unless the federal government certified that federal jurisdiction…
Can a Florida municipality allow homeowners to use accessory structures used for sleeping for sleeping but ban them from being rented out separately as vacation rentals?
Yes. The Florida AG concluded in 2018 that a sleeping-only accessory structure (no kitchen, no independent living facilities) is not a 'dwelling unit' and so is not a 'vacation rental' under section…
Which of the new misdemeanor crimes the Georgia legislature created in 2018 should require fingerprinting at arrest?
The AG designated 3 of the 9 reviewed misdemeanors as fingerprintable: knowingly misusing a law enforcement agency's captured license plate reader (ALPR) data under § 35-1-22(d)(1) (a…
Does Arkansas State University at Newport count as a 'public school' under Amendment 98's medical marijuana siting rules?
A reviewing court would likely defer to the Arkansas Medical Marijuana Commission's interpretation of 'public school' to exclude colleges and universities, including Arkansas State University at…
Is a Florida county tax collector a 'revenue officer' under § 790.25(3)(d), allowing open carry of a firearm without a concealed-carry license?
No. The Florida AG concluded in 2018 that a county tax collector is not a 'revenue officer' for purposes of the firearm open-carry exception in section 790.25(3)(d). That exception is limited to…
Could a South Carolina school trustee also serve on a political party committee and as a party delegate?
The Attorney General concluded that a Florence County school trustee could also serve on the county Democratic executive committee and as a state party delegate without violating the dual office…
Can a county release a successful job applicant's records to a TV station under Arkansas FOIA, and what redactions are appropriate?
The AG found release of the successful applicant’s job application consistent with FOIA. Without unredacted records, she could not approve every redaction. She called redaction of references’ names…
Can the Tennessee legislature legalize sports betting without amending the state constitution?
It depends on how the particular contest is conducted. The AG said the legislature may authorize a sports betting contest by statute if skill is the dominant factor. If chance predominates, the…
Could Florence County sue as the State to challenge a city annexation by quo warranto?
The Attorney General concluded that Florence County would not qualify as 'the State' for standing to bring the proposed quo warranto challenge to a city annexation. The opinion distinguished that…
Who decided the term of an Allendale County council chair after the prior chair resigned?
The Attorney General concluded that Allendale County Council could decide whether the next chair completed the former chair's unexpired term or began a new term. The county ordinance described a…
Were the 'Wyoming Skill Games' that started appearing in Wyoming bars and convenience stores actually slot machines under state gambling law?
Yes. Wyoming AG Peter Michael concluded the Banilla 'Wyoming Skill Games' (Nudge and Hot Swap variants) were illegal gambling devices. The 'Prize Viewer' and the 15-second nudge or swap window did…
Why did Arkansas reject the popular name and ballot title for the 2018 ranked voting constitutional amendment?
The AG rejected the entire submission. The ballot title was internally inconsistent (claiming both to 'avoid' and 'eliminate' runoffs), tinged with partisan coloring, and the proposed measure itself…
Can employees of JAUNT (a transit corporation whose stock is owned by Virginia cities and counties) participate in Virginia's local health benefits program?
No. Employees of a public service corporation organized under Title 13.1 of the Code of Virginia and owned by local government entities (such as JAUNT, Inc.) are not eligible to participate in…
Can a Virginia court give credit toward fines and costs for community service work performed while a defendant is in a state prison, detention center, or diversion center?
No. Va. Code § 19.2-354(C) authorizes community-service credit only for work performed 'before or after imprisonment,' not during incarceration. The Supreme Court of Virginia has held that…
Does a California city's land outside its city limits, in an unincorporated part of a neighboring county, have to follow that county's zoning and building rules? What about a private business that leases the land from the city?
No, the city's own use of the land is not subject to county zoning or building ordinances, even when the land sits in unincorporated county territory. The city does not have to apply its own zoning…
Did a South Carolina stand-your-ground immunity hearing create special Fifth Amendment testimony rules?
The Attorney General concluded that the Protection of Persons and Property Act did not create special testimonial privilege rules for a defendant seeking immunity. Waiver and later use of hearing…
Which Criminal Justice Academy records could South Carolina withhold under FOIA in 2018?
The Attorney General said certain certification applications and reported excessive-force records could fall within narrow statutory FOIA exemptions. Academy regulations could not independently…
Who qualifies for paid sick leave under Washington's Initiative 1433, by when does an employer have to allow accrued leave to be used in 2018, and does the 40-hour carryover rule apply to front-loaded leave?
Same employee definition as the rest of the Minimum Wage Act (RCW 49.46.010(3)). Employees who had been with the employer for 90 days as of January 1, 2018, were entitled to use leave on that date.…
Can a non-Delaware researcher obtain a database snapshot of Delaware's Online Wanted Person Review via FOIA?
No. The AG concluded DELJIS properly denied the request because the petitioner was not a Delaware citizen. Citing McBurney v. Young, the AG reaffirmed that Delaware FOIA's record-access rights are…
When did South Carolina school administrators have to report a threat to law enforcement in 2018?
The Attorney General concluded that school administrators had to contact law enforcement immediately about covered threats or harmful conduct at school, with the application assessed case by case.…
Were Maryland daily substitute teachers excluded from earning sick and safe leave?
No. The AG found no blanket exclusion for daily substitutes. Many who regularly worked under 12 hours a week were exempt from the Act entirely; those covered still earned no leave in a two-week pay…
When a Delaware city quotes thousands of dollars to fulfill a journalist's FOIA request for emails and text messages, can the AG's office review whether those cost estimates are reasonable?
Yes. The AG reviewed the revised email and text-message estimates, accepted the City of Wilmington's sworn support for them, and found no FOIA violation. It treated the withdrawn original email…
Can someone get around Delaware FOIA's pending-litigation exemption by filing the request in a personal capacity while their advocacy organization is appealing the same permit?
No. The AG concluded DNREC properly withheld well-test data tied to a pending Environmental Appeals Board appeal because a member of the appellant organization cannot route around the litigation…
Could South Carolina's governor bar official employee bookings through a company after finding discrimination?
The Attorney General concluded that the governor had constitutional authority to direct state employees not to use a company for reimbursed official lodging if the governor chose to address…
Did South Carolina's AG decide whether volunteer state constables could carry concealed guns in other states under LEOSA?
No. The Attorney General declined to decide whether South Carolina state constables qualified under the federal Law Enforcement Officer Safety Act. It described state-law constable powers that…
Why did Arkansas reject the 2020 recreational marijuana ballot title?
The AG rejected the entire submission. The measure was virtually identical to one already rejected in Op. 2018-119, and the same threshold defects in the proposal itself made it impossible to draft…
Can a Tennessee business be sued if its publicly displayed AED is used by an untrained employee or stranger?
Possibly, depending on the facts. The Tennessee AG concluded an untrained user is covered by the Good Samaritan Law (no liability without gross negligence), but a business that lets untrained people…
Can a Texas school district refuse to do business with vendors that work with charter schools?
Likely not, the AG advised. A state senator was concerned that some school districts might be requiring vendors to agree not to work with Texas charter schools as a condition of contracting. Section…
Who can remove the Children of the Confederacy plaque in the Texas Capitol, and how?
Three bodies share that authority, the AG advised: the Legislature, the State Preservation Board, and the Texas Historical Commission. A House committee chair asked who may remove or relocate the…
Can a city waterworks system employee serve on the municipal housing authority board?
Probably yes, on the facts presented, the AG advised. A district attorney asked whether an employee of the Eagle Pass Water Works System counts as a 'municipal employee' who, under Local Government…
Is an RV park guest in Texas a tenant or a licensee for eviction purposes?
It depends on the agreement, the AG advised; there is no one-size-fits-all rule. A state senator asked whether guests at recreational vehicle parks are licensees or tenants for eviction purposes.…
Can Connecticut's legislature change the state bond cap calculation after committing to bondholders that no future law would alter it?
Yes, but narrowly. AG Jepsen concluded that the May 9, 2018 amendments adding three new exclusions to the $1.9 billion bond cap were valid because the covenant locking the cap in place did not…
Can a Washington city or county LEOFF Plan 1 disability board reimburse a retired law enforcement officer or firefighter for state-authorized medical marijuana, and could that put the jurisdiction's federal funding at risk?
Reimbursement may be allowed; the opinion cannot determine the effect on federal funding. The AG concluded that LEOFF Plan 1 disability boards have discretion to fund medical services beyond the…
Does Florida AGO 07-21 still decide whether a sheriff's civilian employees qualify for a personal-information records exemption?
No. The AG's office said AGO 07-21 interpreted an earlier version of the exemption and is not controlling after the Legislature added 'sworn or civilian.' The letter did not decide whether the…
Did a South Carolina fire department have to register an ATV used as an emergency support vehicle?
The Attorney General concluded that a properly equipped and used fire department ATV could qualify for the specialized support vehicle exemption from registration. The opinion tied the exemption to…
Can a Delaware FOIA requester force an agency to run a custom database query and produce results in a specific format like Excel?
Only partly. FOIA requires an agency to export existing data to a spreadsheet, but it does not require new programming, a database search using the requester's criteria, or conversion into a new…
Can a custodian release only employment dates, salary, and position in response to an Arkansas FOIA request for personnel records?
The AG could not opine on the specific records because she had not seen them. The opinion laid out the FOIA framework: records can qualify as personnel records or evaluation records depending on how…
Could a Berkeley County building permit fee count as a business license tax for a Mount Pleasant builder?
The Attorney General said a court might treat the described Berkeley County permit fee partly as a de facto business license tax because an official said it included a charge for the privilege of…
Did a South Carolina bail bond surety owe premium tax on the bondsman's entire fee in 2018?
The Attorney General concluded that a bail bond surety's premium tax was based on the amount the bondsman remitted to the surety, not the part of the customer's payment the bondsman retained for…
Can a school district employee involved in procurement host a fundraising dinner where attendees (including vendors) bid for invitations and the proceeds go to a related education foundation?
Yes. Donations to an independent education foundation, even by district vendors who attend a dinner hosted by the Superintendent, are not 'personal' gifts under A.R.S. § 15-213(N). The funds benefit…
Can a Virginia trial court hold off on entering a conviction and dismiss a criminal case later if the defendant fulfills conditions, even without a specific statute authorizing it?
Yes. A Virginia trial court has inherent authority, recognized by the Supreme Court of Virginia in Moreau, Hernandez, and Starrs, to defer disposition and continue a criminal case (so long as no…
Could a South Carolina mayor's third-degree domestic violence plea trigger an office vacancy after a second-degree indictment?
The Attorney General concluded that a court would likely treat the mayor's second-degree indictment and third-degree domestic violence conviction from the same incident as satisfying the conviction…
Can a Virginia city avoid its constitutional debt limit by financing a new school through a lease that depends on annual appropriations?
Yes, under the structure the AG reviewed. As long as the city makes no binding commitment to pay or to put up its full faith and credit, an appropriation-dependent school lease does not count as…
Can a Virginia landowner change the approved use of a cash proffer accepted before 2016 without going back to the governing body, and does an amendment require a public hearing?
Once a local governing body accepts a cash proffer, it becomes part of the zoning ordinance and binds both the locality and the landowner. Unless the locality approves an alternative use under Code…
Can a Virginia political party run a raffle as a fundraiser under the charitable-gaming exemption?
No. A political party may not conduct a raffle as charitable gaming in Virginia. Code § 18.2-340.33 limits the proceeds of authorized raffles to 'religious, charitable, community or educational…
Would Tennessee marijuana legalization violate the federal Controlled Substances Act, and would legislators be liable for voting for it?
It depends on the bill text. The Tennessee AG concluded the federal Controlled Substances Act preempts state marijuana laws only if there's a direct positive conflict, not by occupying the field, so…
Did Midlands EMS need a separate contract for paramedic field internships between member counties?
The Attorney General concluded that a regional health service district could provide training within its own statutory authority without a separate outside contract. Where it contracted with another…
Could a veteran's child in a South Carolina high school dual enrollment course qualify for free college tuition?
The Attorney General concluded that an otherwise eligible veteran's child could qualify for the tuition waiver while taking a dual enrollment course if the course advanced an undergraduate degree…
What was the Arkansas Citizens' Redistricting Commission constitutional amendment proposed in 2018?
The AG certified the popular name and ballot title as submitted. The amendment would have replaced the existing Board of Apportionment (Governor, Secretary of State, AG) with a 7-member Citizens'…
Why did Arkansas reject the 2018 'Marijuana As Alcohol' constitutional amendment ballot title?
The AG rejected the entire submission. The amendment proposed regulating marijuana 'as an alcoholic beverage,' but federally licensed alcohol producers cannot also distribute marijuana under federal…
Can the same person serve on a California healthcare district board and a city council or planning commission inside the district?
No. The Southern Mono Healthcare District board member cannot also sit on the Mammoth Lakes city council or its planning commission. Eminent domain power, contracting between the city and the…
Can a Tennessee DA file a civil lawsuit to stop a junkyard or dumping along a scenic highway?
Yes. The Tennessee AG concluded the district attorney for the judicial district where a Scenic Highway System Act violation occurs may bring an injunction, mandamus, abatement, or other civil action…
Why did Arkansas reject the 2018 marijuana initiated act that would have removed marijuana from the Controlled Substances Act?
The AG rejected the entire submission. The proposed amendments to current law were essentially hidden in the measure's drafting (requiring side-by-side comparison with existing statutes), and the…
Can an Arkansas school district use its buses to take students to a summer youth program run by an outside organization?
Likely yes, if the board does not abuse its discretion in finding the transportation necessary. The AG declined to decide whether any particular bus would keep its tax exemption; the local assessor…
Can a Texas city charge fines under a limited annexation near a military base, and was San Antonio's annexation ballot valid?
Yes to the fines, and yes the ballot wording was likely valid, the AG advised, but San Antonio's plan to count blank or double-marked ballots as votes for Option 2 was not. A state senator asked…
Is the University of Florida a Florida state agency for purposes of qualifying its drone as a 'public aircraft' under federal law?
Yes. The AG confirmed the University of Florida as a state university and an agency of the executive branch under § 1001.705(1)(d), supporting its FAA drone application.
Why did Arkansas reject the 2018 'Arkansas Rank Voting Initiative' as a proposed initiated act?
The AG rejected the entire submission. The same fundamental ambiguities as the prior submission (Op. 2018-112) remained: the proposed initiated act would dramatically change election law without…
Did South Carolina charter school board and charter committee members have to file statements of economic interests in 2018?
The Attorney General concluded that the specific Ethics Act category for members of a state board, commission, or council did not cover charter school board or charter committee members. It left…
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