State AG Opinions
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Did Missouri approve the ballot wording for a proposed county tobacco tax amendment?
Yes. The attorney general approved the legal content and form of the summary statement for Deirdre Hirner's petition 2026-004, which would let county voters set and control county taxes on cigarettes …
Can a Tennessee county add race-conscious 'culturally-competent community engagement' criteria to its tax-increment-financing approval process?
Likely not. The AG concluded that if the Shelby County Commission considers race when approving TIF projects, the policy almost certainly fails strict scrutiny under the Equal Protection Clause and th…
What can the Arkansas Department of Corrections redact from a current employee's personnel file in response to a FOIA request, and are commendation letters from supervisors public?
The custodian's redactions of phone, address, date of birth, SSN, employee number, marital status, and dependent information are correct. But the custodian missed redactions in some places (some addre…
Did Missouri approve the ballot wording for a detailed county excise tax on tobacco cigarettes?
Yes. The attorney general approved the summary statement for Deirdre Hirner's petition 2026-008, a more detailed version giving local voters power to set, change, or repeal a county excise tax on toba…
Did Missouri approve the ballot wording for another county tobacco cigarette tax petition with dedicated uses?
Yes. The attorney general approved the summary statement for Deirdre Hirner's petition 2026-007, letting county voters set and control taxes on tobacco cigarettes with proceeds dedicated to listed loc…
Did Missouri approve the fiscal note summary for Jamie Howard's initiative petition 2026-010?
Yes. The attorney general approved the fiscal note summary's legal content and form; it estimated no state or local government costs or savings, and the review did not assess that estimate's fairness …
Did Missouri approve the fiscal note summary for Jamie Howard's initiative petition 2026-009?
Yes. The attorney general approved the fiscal note summary's legal content and form; it estimated no state or local government costs or savings, and the review did not assess that estimate's fairness …
Did Missouri approve the form of Jamie Howard's initiative petition 2026-017?
Yes. The attorney general approved petition 2026-017 as to form, but the secretary of state retained final authority to approve or reject it, and the opinion did not decide substantive sufficiency.
Did Missouri approve the form of Jamie Howard's initiative petition 2026-016?
Yes. The attorney general approved petition 2026-016 as to form, but the secretary of state retained final authority to approve or reject it, and the opinion did not decide substantive sufficiency.
Did Missouri approve the form of Jamie Howard's initiative petition 2026-015?
Yes. The attorney general approved petition 2026-015 as to form, but the secretary of state retained final authority to approve or reject it, and the opinion did not decide substantive sufficiency.
If Tennessee identifies a doctor as a high-risk prescriber of controlled substances, are the remedial steps the licensing board imposes (continuing education, waiting-room literature, special opioid consents) optional or required?
Required, not optional. Once a Tennessee licensing board is told a clinician is a high-risk prescriber, it must impose every remedial step in Tenn. Code Ann. § 68-1-128(c)(3)(A) through (D) that is re…
Can a South Carolina county bill a city for 911 dispatch and for housing the city's inmates, even though the county already collects 911 fees and taxes residents?
It depends on whether there is a cost-sharing agreement. The Attorney General said it cannot decide whether a particular county bill is authorized because that turns on facts. But the Constitution and…
How specific does a Delaware agency have to be when it tells a FOIA requester that it needs more time to gather documents?
It has to give a real, good-faith estimate of when the records will arrive, not just a generic 'we need more time.' The Lieutenant Governor's Office repeatedly told the AP it was working on the reques…
When a city releases the personnel files of two former police officers, what can it redact and what must come out?
Phone numbers, addresses, dates of birth, social security numbers, employee numbers, marital status, and dependent information are properly redacted as personal contact information or as a clearly unw…
Did Missouri approve the summary statement for Winston Apple's legislative proxy-voting initiative?
Yes. The attorney general approved the proposed summary statement's legal content and form under § 116.334, RSMo, without endorsing the petition.
Can a Virginia city adopt local rules (a resolution or charter provision) that prohibit a council member who also works for the city from voting on the budget or personnel matters?
No. The AG concluded that the State and Local Government Conflict of Interests Act preempts local rules that try to impose their own voting disqualifications. The Act sets a uniform statewide standard…
When can a North Dakota city council go into executive session to talk to its lawyer about possible litigation?
Lincoln City Council went into executive session to talk to its attorney about possibly suing the former city auditor over a bond claim. The AG concluded the executive session wasn't authorized: the l…
If I'm an Oklahoma seller's-only real estate broker, do I have to write up an offer that an unrepresented buyer hands me, and what other duties do I owe a buyer who isn't my client?
If your written agreement with the seller specifies that you are providing services to the seller only, you do NOT have to reduce an unrepresented buyer's offer to writing under SB 1920 (2024). Withou…
Did Missouri approve the form of Jamie Howard's initiative petition 2026-014?
Yes. The attorney general approved the petition as to form, but did not decide its substance or endorse its objectives. The secretary of state retained final authority to approve or reject the form.
Why did Missouri reject Katherine Floyd's initiative petition 2026-013?
The attorney general rejected the petition's form because its signature sheet addressed the wrong secretary of state and described a statutory change as a constitutional amendment. The secretary of st…
Can a new road district be formed that overlaps with an existing road district? And does the county commission have any say in whether a properly-petitioned road district gets created?
No overlapping road districts: state law doesn't authorize them, and allowing them would double the tax burden on landowners and create administrative conflict. And no commission discretion: if a road…
Can a city's zoning denial block a county from building a new jail on county-owned land within the city limits, or does the county get to override the city?
Neither party gets a flat 'I win' card. Oklahoma abandoned the 'superior sovereign' rule in 1986 and adopted the Rutgers balancing-of-interests test from New Jersey. The AG applied the five Rutgers fa…
Can a Mississippi city use general fund money to subsidize rising garbage collection costs instead of raising fees?
No. The city can adopt an ordinance exempting certain residents from a portion of garbage fees, but it cannot tap the general fund to cover rising waste disposal costs. A 2016 amendment to Section 19-…
Did Missouri approve the fiscal note summary for local tobacco tax petition 2026-008?
Yes. The attorney general approved the summary's legal content and form. It estimated no direct government costs or savings, while noting that local tobacco tax changes could affect revenue and electi…
Did Missouri approve the fiscal note summary for local tobacco tax petition 2026-007?
Yes. The attorney general approved the summary's legal content and form. It estimated no direct government costs or savings, while noting that local tobacco tax changes could affect revenue and electi…
Did Missouri approve the fiscal note summary for local tobacco tax petition 2026-006?
Yes. The attorney general approved the summary's legal content and form. It estimated no direct government costs or savings, while noting that local tobacco tax changes could affect revenue and electi…
Are the application materials and interview scoresheets for candidates in a public school superintendent search subject to public release?
Mostly. The successful applicant's Candidate Input Forms are personnel records and must be released without redactions. Internal applicants who already work for the district have their Candidate Input…
When 56 voters in Vermont's Bennington-1 House District received the wrong ballot in November 2024 (because of voter checklist errors after reapportionment) and the certified margin of victory was only 23 votes, what should the Vermont House of Representatives do under its constitutional power to judge the elections of its own members?
The AG's role under 17 V.S.A. § 2605(b)(1) is to investigate and report facts to the House Clerk, not to decide the election. The AG concluded that 56 registered voters in the Bennington-1 District re…
Does South Carolina's Procurement Code apply when a private developer builds student housing and a university foundation manages it for a fee?
Probably not. The Attorney General agreed that, on the facts presented, a court would most likely find the South Carolina Consolidated Procurement Code inapplicable. A private developer builds and fin…
When can a city release records about a fired police officer, including the termination letter and the internal affairs report on the officer's misconduct?
Most of them can come out. The AG concludes Fayetteville's decision to release the termination letter and the OSP investigative memorandum on the former officer is consistent with the FOIA, because al…
What problems did the Idaho AG flag with the re-submitted reproductive-freedom-until-fetal-viability ballot initiative?
Similar concerns to the September 2024 version, plus a new one. The Certificate of Review found (1) the new 'right to privacy in making personal decisions' subsection is vague and could conflict with …
Can the Delaware Department of Correction be forced to disclose the names, ID numbers, and incarceration dates of elderly inmates in response to a FOIA request?
No. Two separate Delaware statutes block it: 11 Del. C. § 4322(a) makes DOC's case records privileged, and 11 Del. C. § 8513(d) prohibits dissemination of 'criminal history record information,' which …
Is a county historical society subject to North Dakota open meetings law, and what counts as proper meeting minutes?
Yes, the Emmons County Historical Society is a public entity because it receives Emmons County funding and is recognized under N.D.C.C. § 11-11-53. The president's 'personal notes' from three monthly …
Can Tennessee outsource its water and wastewater operator licensing exams to a third-party testing company without violating state law? And could a proposed law banning that practice run into constitutional problems?
Outsourcing the exam to a third party is likely fine under current Tennessee law because the certification statute gives the Board broad discretion over exam content. A future statute banning third-pa…
If a Kansas city's population drops, does it automatically get reclassified to a lower city class, and does that affect campaign finance rules?
No, generally. The Attorney General concluded that Kansas statutes provide clear procedures for reclassifying a city upward as its population grows, but only one narrow statute, K.S.A. 14-901, lets a …
Can a North Dakota home rule city like Fargo use approval voting for city elections instead of the ballot format required by state law?
Yes. Fargo voters approved an approval-voting amendment to the city charter in 2018, and the city implemented it through Ordinance 5191. North Dakota law gives home rule cities the power to provide fo…
Does a written trespass notice turn later shoplifting into third-degree burglary in South Carolina?
A trespass warning does not by itself void the 'without consent' element of third-degree burglary, but it can be used as evidence that a person who later entered a store did so without consent. In the…
Can you drive a golf cart on a US highway like Main Street (US 178) in South Carolina?
No. Under § 56-2-105, a permitted golf cart may be driven only on a secondary highway or street with a posted speed limit of 35 mph or less, within set distance limits. Because the Main Street stretch…
If I'm a poll volunteer or campaigner in Virginia, where exactly can I stand and what can I say to voters at a polling place, including voters in cars or buses?
Outside the 40-foot prohibited area, you can offer sample ballots, materials, and information; the AG opinion says properly tailored voter protection laws like Virginia's do not violate the First Amen…
Can an Illinois state's attorney share LEADS database information with a defense attorney to comply with Brady disclosure?
Yes, in limited circumstances. Prosecutors can disclose information they obtained from LEADS if it tends to negate the defendant's guilt or reduce punishment, but they should narrow what they hand ove…
Does Tennessee Public Safety Network peer-support training count for Mississippi's certified peer support member designation?
The statute is clear: a certified peer support member must have critical incident stress management training and must be certified by the Mississippi State Board of Health or the Mississippi Departmen…
When does the New Mexico Public Education Department have to submit its annual special-appropriations budget request to the Legislative Finance Committee and the Department of Finance and Administration?
September 1. Section 6-3A-7(B) sets the September 1 deadline for performance-based program budget requests, and PED's special 'below the line' appropriations (teacher development, AP test waivers, sch…
Can a Mississippi county pay a coroner mileage for using a personal vehicle to transport bodies for autopsies when the county vehicle is unreliable?
Yes. Sections 41-61-75 and 41-61-61 let a Mississippi county pay a coroner's actual expenses, including mileage, when the coroner transports a body for autopsy. If the county-assigned vehicle is unava…
Can the Mississippi State Auditor conduct managerial studies without a request from the Governor or Legislature?
No. Section 7-7-211(d)'s independent audit authority is limited to financial audits. Section 7-7-211(c) allows the Department of Audit to conduct managerial studies, but only on written request from t…
If a Mississippi tax sale is voided, does that erase the landowner's liability for unpaid special assessments?
No. A Mississippi board of supervisors voiding tax sales for prior years does not erase the landowner's underlying liability for special and maintenance assessments to a public improvement district. S…
Once I sign up to be an organ donor, can my family override my decision after I die? And can a hospital or organ bank that follows my donor card be sued by my family?
If you signed up as an organ donor, no one else can revoke your gift, before or after your death, unless you provided express contrary indication. Your gift is yours alone to revoke. And anyone who fo…
Can a Mississippi county collect delinquent garbage fees from sixteenth section land when the leaseholder has abandoned the property?
The Mississippi Board of Education is not the 'owner' of sixteenth section land; the State of Mississippi owns it in trust for the public schools. The county's Section 19-5-22 lien attaches to the lea…
Can a Texas district clerk reject a criminal court e-filing over a typo or wrong court designation?
No to outright refusal, but yes to returning it for correction. The AG concluded a district clerk may not refuse to file an electronically filed document in a criminal case based on the clerk's own op…
Can New Mexico's Public Education Department give money from the state Indian Education Fund directly to tribal schools and Bureau of Indian Education schools, or must the funds go only to public schools the state controls?
Yes, PED can fund tribal and BIE schools from the Indian Education Fund. Distributions support the Indian Education Act's purposes and do not run afoul of the Anti-Donation Clause, the prohibition on …
Did the Arkansas AG approve the revised Fort Smith / Sebastian County interlocal agreement to consolidate 911 dispatch operations after the parties added the missing property-disposal language?
Yes. The AG approved the revised interlocal agreement under A.C.A. § 25-20-104. The only change from the version rejected in Opinion 2024-085 was a single sentence added to Section 8 specifying that, …
Can a Mississippi city forgive water bills that customers underpaid because of a city billing error?
No. The Mississippi Constitution forbids remitting any debt owed to a municipality except by payment. So when a city's billing error or faulty meter results in underbilled accounts, the city must coll…
Can a Mississippi city pay annual membership dues to a chamber of commerce?
A Mississippi city may pay chamber of commerce annual membership fees if its governing authorities find, on the minutes, that the dues serve advertising and economic-development purposes under Section…
Can a Virginia voter demand that their ballot be counted by hand instead of by a scanning machine?
No. The Virginia Constitution allows voting either by ballot or by machines, and the AG opinion concludes that no provision gives an individual voter the right to choose which counting method is used.…
Can a Delaware town council discuss a public employee's performance plan in a string of emails, instead of holding a public meeting?
No. When the town's lawyer emailed the whole council asking for their comments on the plan and members replied with substantive opinions, that exchange became a 'meeting' under FOIA. Doing it by email…
Does Delaware's Department of Correction have to compile a list of incarcerated misdemeanants from its database to answer a FOIA request about voter eligibility?
No. Because the DOC's records system would have to be cross-referenced with other state databases to produce accurate aggregate counts, and FOIA does not require an agency to create a record that does…
Does Kentucky's Planned Community Act cover mixed residential/commercial HOAs, and can an HOA fine members if its documents don't allow fines?
The Attorney General reached a two-part answer. First, Kentucky's Planned Community Act applies to an association governing a community that has both residential and non-residential lots, as long as t…
Can a private vendor manage Mississippi sheriff's deputies' off-duty security work and charge clients an additional fee for profit?
Section 17-25-11 does not prohibit a third-party vendor from facilitating sheriff's deputies' off-duty security details and charging the client an additional fee for profit, as long as Section 17-25-1…
How does a Mississippi city handle unclaimed cash found by police, and does a court order have to authorize transfer to the city general fund?
When Mississippi police find unclaimed cash that is not part of a criminal investigation, Section 21-39-21 governs disposal: post notice in three public places, wait 120 days for any owner to claim it…
How may a Mississippi city spend opioid settlement funds, and can it donate those funds to a nonprofit?
Litigation settlement funds, including opioid settlement money, become public funds when received by a Mississippi city. They must be expended in accordance with state law. Cities are prohibited from …
If a Delaware zoning agenda lists a parking variance for one property, does it also have to list the off-site parking lot the developer plans to use to meet the parking requirement?
No FOIA violation. Rehoboth Beach's agenda for the September 30, 2024 Board of Adjustment hearing identified the applicant, the property at 2 Rehoboth Avenue, and the four code sections involved (incl…
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