State AG Opinions
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Can the Arkansas legislature change a constitutional amendment that voters passed by initiative, or do voters have to approve any change?
AG Tim Griffin reads Amendment 7 literally and says yes: a 2/3 vote in each house can amend an initiated constitutional amendment without going back to the voters. The 1951 Arkansas Supreme Court deci…
Can a South Carolina city hire a private company to write and collect parking tickets?
No, in the AG's view. Enforcing parking ordinances is an exercise of a city's police power, and South Carolina local governments cannot delegate police powers to a private entity without constitutiona…
Which of the new misdemeanor crimes the Georgia legislature created in 2024 should require fingerprinting at arrest?
The AG designated 19 of 28 reviewed misdemeanors as fingerprintable, including six new hemp licensing offenses, the unlawful-squatting offense, wild-animal-enclosure trespass, active facilitation of i…
Why did the Arkansas AG reject the Fort Smith / Sebastian County interlocal agreement to combine 911 dispatch operations?
The AG rejected the proposed interlocal agreement between Fort Smith and Sebastian County because it failed to specify how property would be disposed of upon partial or complete termination, a require…
When are post-executive-session conversations among school board members a FOIA violation?
No. The Christina School District Board of Education did not violate FOIA on August 13, 2024. Board member Monica Moriak alleged four members met privately after an executive session, but the Board's …
Can a Tennessee-licensed athletic trainer perform dry needling, also called intramuscular manual therapy or trigger-point dry needling?
Likely no. The Athletic Trainers Practice Act lets athletic trainers use 'physical modalities' such as 'heat, light, sound, cold, electricity, or mechanical devices.' Dry needling penetrates the skin …
Can the Kentucky Board of Pharmacy require every out-of-state pharmacist who fills prescriptions for Kentuckians to get a Kentucky license?
No. The Attorney General concluded that the Kentucky Board of Pharmacy lacks authority to regulate non-resident pharmacists beyond what KRS Chapter 315 specifically provides, and may not require every…
Can a North Dakota agency refuse to give me records because of an old unpaid invoice if I've already sent them a check that they didn't cash?
No. The Mandan Park District tried to deny S. Paul Jordan's records request because he had a $25 outstanding invoice from a prior request. He had already mailed a personal check for $25 with 'theft if…
Can a Mississippi game warden write you a traffic ticket on a county road?
Yes. Section 49-1-43(4)(d) gives Mississippi conservation officers (game wardens) broad warrantless arrest authority for any misdemeanor or felony committed in their presence. The AG read that to incl…
Can a Mississippi property owner block a public alley with a fence, and what can the city do?
A public right-of-way is the public's right of passage on roads, alleys, and similar thoroughfares. A property owner cannot permanently obstruct one. Mississippi cases have ordered removal of fences a…
Can a Mississippi city charge a franchise fee on an electric co-op's broadband affiliate?
No. Mississippi's 2% franchise fee under Section 77-3-17 covers public utility services, but broadband is excluded from the definition of 'public utility' under Section 77-3-3(d)(iii). The Mississippi…
Can Oklahoma's State Athletic Commission regulate slap fighting events the way it regulates boxing, MMA, and kickboxing?
Yes. The AG read the Oklahoma State Athletic Commission Act's definition of 'combative sport' (3A O.S. § 602(A)(13)) literally: 'unarmed combat in which a blow is usually struck which may reasonably b…
Can South Carolina police still charge students who fight at school under a city disorderly conduct ordinance?
Probably yes for the 'fighting' part, in the AG's view. Federal courts struck down South Carolina's disorderly conduct statute (§ 16-17-530) as unconstitutionally vague as applied to students, but Roc…
If a West Virginia deputy sheriff resigns to run for sheriff, wins, then loses reelection, can he automatically return to his old deputy job?
No. Taking office as sheriff ends the deputy appointment, so civil-service protections (which only cover current deputies) no longer apply. There is a statutory reinstatement window of two years from …
Can a national trade association FOIA Delaware records to investigate whether the state legislature ratified the Unified Carrier Registration Agreement, when the association itself isn't a Delaware citizen?
No. Delaware FOIA's right to inspect public records is limited to Delaware citizens, a rule the AG has consistently applied since Op. 16-IB20. The Small Business in Transportation Coalition is a natio…
Can a North Dakota home rule city set its own recall election rules that differ from the state's recall procedure?
No. Dickinson's home rule charter article 8 sets a 15% signature threshold and a 15-day review period for recall petitions, conflicting with the 25% threshold and 30-day review in state law (N.D.C.C. …
If I bought a car from a dealer and have a paper temporary buyer's tag, do I still have to register the vehicle with the state, or does the temp tag let me skip registration?
Yes, you still have to register the vehicle. The AG made clear that registration and license-plate display are two separate requirements. A temporary preprinted buyer's tag only satisfies the license-…
Can Oklahoma's Council on Judicial Complaints investigate misconduct allegations against members of state boards or commissions (like the Corporation Commission) when they're acting as judges?
No. The Council's jurisdiction is coterminous with the Court on the Judiciary, which under Article VII-A § 1 of the Oklahoma Constitution can only remove 'judges of any court.' Members of executive-br…
Do Mississippi corrections officers, parole officers, or health-department compliance inspectors exercise 'core powers' of the executive branch?
Whether a particular Mississippi corrections officer, parole officer, or Department of Health compliance inspector exercises 'core powers' of the executive branch (and is therefore barred from also se…
Can a Mississippi sheriff use inmate canteen funds to buy a boiler valve and a jail laundry washer and dryer?
Yes to both. Section 19-3-81(1)(b) lets the sheriff spend inmate canteen money on educational expenses, equipment, supplies, and equipment maintenance for the benefit and welfare of inmates. A boiler …
After Mississippi's 2024 amendment, does circuit court or chancery court have jurisdiction over civil commitment when a respondent has felony charges?
After the 2024 amendment to Section 41-21-63 by HB 1088, circuit courts have exclusive jurisdiction over civil commitment proceedings for respondents with unresolved felony charges. Chancery courts re…
Can a Mississippi city contribute funds to maintain rivers and drainage outside city limits?
A Mississippi city may contribute public funds to maintain rivers and drainage outside its corporate limits only if the city makes a factual finding that the work promotes the health, comfort, and con…
Can the same person serve simultaneously on the boards of two California water districts that have overlapping boundaries and are adverse parties in litigation over Kings River water?
There are substantial issues warranting court review. The AG granted leave to sue in quo warranto. Two boards in active litigation with each other are likely incompatible under Government Code section…
Does Bismarck's home rule charter override the state-law deadline for filing a petition to initiate a city ordinance?
No. Bismarck's Home Rule Charter article 5 lays out the procedure for initiating an ordinance but doesn't set a deadline for filing the petition. When a home rule charter is silent on a topic, state l…
Can a single commissioner of the Oklahoma Corporation Commission start a regulatory case on their own and direct staff and money toward it without the other two commissioners' agreement?
No. The Corporation Commission is constitutionally a three-member body that acts only by majority vote (Okla. Const. art. IX, § 18a(B)). A single commissioner has no authority to commence a case in th…
Did Oklahoma's 2023 House Bill 2537 quietly make it impossible to prosecute peace officers for using excessive force?
No. The Oklahoma DA for the 7th District asked the AG whether HB 2537's amendment to 22 O.S. § 34.1(A), which says peace officers using excessive force are subject to criminal laws 'if excessive force…
If I own an assault weapon under Washington law and want to sell it through a pawn shop to someone out of state, can I, and can the pawn shop legally complete the transfer?
Yes, all three pieces work, with the usual licensing strings attached. AGO 2024 No. 4 says: (1) an assault-weapon owner who is legally authorized to transfer the weapon can sell it to a properly licen…
How specific does a Delaware public body's agenda have to be when noticing an executive session for legal advice?
No violation. The AG ruled the Diamond State Port Corporation Board did not violate FOIA. Its agenda label of 'strategy sessions involving legal advice' adequately noticed the executive session, and a…
Can South Carolina keep its inmate phone-call surcharge that funds cell phone interdiction under the new FCC rule?
The AG would not answer directly, because interpreting the federal FCC rule and the Martha Wright-Reed Act is outside the scope of its opinions. It noted that if the FCC or a court treats South Caroli…
Can a Fayetteville-style Arkansas city use bonds, sales-tax revenue, or rent receipts to build housing for low- and moderate-income residents without violating the constitutional ban on public-private giveaways?
Yes. The AG concluded that Article 12 § 5 of the Arkansas Constitution does not prevent Fayetteville (or any Arkansas city) from using voter-approved bonds, current city sales-tax revenue, or rental i…
Can a Delaware school district redact a hiring-related email under attorney-client privilege, and does its sworn search affidavit have to be specific?
The Christina School District did not violate FOIA. The Manager of Technology swore he searched all current and past Board members' email accounts, document folders, Google drives, and District device…
Can a Mississippi jail buy a washing machine and clothes dryer for inmate uniforms with canteen funds?
Yes. A Mississippi sheriff may use inmate canteen funds to buy a washing machine and clothes dryer for inmate uniforms, so long as the purchase is made 'for the benefit and welfare of the inmates inca…
Can a Mississippi county use public law library funds to buy metal detectors for the courthouse?
Yes. Section 19-7-31 authorizes a Mississippi county board of supervisors to use public law library funds to purchase equipment for the library, and metal detectors at the entrance of a courthouse tha…
Can Arkansas police use automatic license plate readers, electronic tickets, or roadblocks to find uninsured drivers?
Yes, but with conditions. Arkansas allows ALPRs only for narrow statutory purposes (A.C.A. § 12-12-1803), allows electronic tickets, and lets officers stop a vehicle only on probable cause to believe …
Does FOIA's 15-day response deadline include a specific time of day, and is it a violation if a Delaware office cannot find FOIA logs from before 2023?
The Office of the Lieutenant Governor (OLG) did not violate FOIA. A response sent at 5:06 PM on the 15th business day is timely; FOIA does not impose an hour-of-day deadline. The OLG produced all FOIA…
If someone removed culverts from abandoned railroad property and now my land is flooding, can I make the water resource district investigate?
Yes. North Dakota water resource districts have a mandatory duty to investigate unauthorized drainage complaints under N.D.C.C. § 61-32-07. Property ownership does not affect whether the duty to inves…
Can a Mississippi county contract with a hospital and a private ambulance provider to subsidize ambulance services without competitive bidding?
Yes on all three counts. A Mississippi county may contract with a public hospital and the hospital's private ambulance provider for ambulance services under Section 41-55-3, may subsidize a private am…
What problems did the Idaho AG flag with the proposed Idaho marijuana decriminalization ballot initiative?
Eight, broadly: the title used 'cannabis' but the body used 'marijuana'; 'home cultivation' appeared in the title but not the body; 'limited personal production' implied a quantity cap that the body n…
What problems did the Idaho AG flag with the proposed 'Right to Abortion Under Certain Circumstances' ballot initiative?
Five. The Certificate of Review found that the initiative (1) was silent on how it interacts with existing Idaho abortion law, (2) tried to bind future legislatures by ordinary statute (Planned Parent…
What problems did the Idaho AG flag with the proposed reproductive-freedom-until-24-weeks ballot initiative?
Four. The Certificate of Review found the initiative (1) talked about 'privacy' without privacy content, (2) tried to bind future legislatures by ordinary statute (Planned Parenthood / Gallet), (3) di…
What problems did the Idaho AG flag with the proposed reproductive-freedom-until-20-weeks ballot initiative?
Four. The Certificate of Review found the initiative (1) talked about 'privacy' without actually defining or restricting decisions about privacy, (2) tried to bind future legislatures by ordinary stat…
What problems did the Idaho AG flag with the proposed reproductive-freedom-until-fetal-viability ballot initiative?
Five. The Certificate of Review found the initiative (1) talked about 'privacy' without privacy content, (2) tried to bind future legislatures by ordinary statute (Planned Parenthood / Gallet), (3) di…
Can a Delaware county refuse to release fire department radio recordings if those recordings have been subpoenaed by the State Fire Commission?
Yes. Sussex County did not violate FOIA when it refused to release Lewes Fire Department radio communications and audio recordings from August 19, 2024. The State Fire Commission's Investigation Divis…
Can a South Carolina county sponsor a private dam owner's FEMA grant if it means spending public money to maintain private property?
Probably not without a real public purpose, the AG concluded. If Oconee County sponsors the privately owned Chattooga Lake Dam's FEMA HHPD grant, it must commit to operate and maintain the dam, and sp…
Who pays for preliminary hearings in General Sessions criminal court when a defendant is later convicted of a felony, and who pays for court-ordered mental health evaluations of felony defendants?
For felony prosecutions where the defendant ends up convicted (by trial or by guilty plea after an indigency finding) and the case fits the classes in Tenn. Code Ann. § 40-25-129(a)(1)-(3), the State …
Can South Carolina police use a search warrant form other than the state's official SCCA 513 form?
Only if it matches the official form exactly. Section 17-13-160 requires all search warrants to use the form approved by the Attorney General, which is SCCA 513. The AG confirmed police may create the…
Who pays for mental health treatment between civil commitment order and admission to a Mississippi state hospital?
The committed person's county of residence is statutorily responsible for the costs of treatment before admission to a Mississippi state-operated facility, on top of the court-process costs already ca…
After the 2024 amendment to Mississippi's voter ID law, can a voter use an expired driver's license to vote?
After the 2024 amendment to Section 23-15-563, a Mississippi driver's license used to vote must be 'valid' but not necessarily 'current.' 'Valid' means an official government document that establishes…
Does California law require every member of a municipal utility district's security force to be a sworn peace officer with POST training?
No. Public Utilities Code section 12820 imposes peace-officer status and POST training only on those security force members the general manager designates as 'security officers' whose primary duty is …
In Kentucky, who decides whether a procedure like the Durysta eye implant is within an optometrist's scope of practice?
The Attorney General concluded that the Kentucky Board of Optometric Examiners (KBOE) has the sole statutory authority to determine what constitutes the practice of optometry, so an insurer or Medicar…
If a Wilmington community event organizer tells a newspaper he is talking to attorneys about possibly suing the City, can the City use that to deny a journalist's FOIA request about the event?
No. Spotlight Delaware reporter Brianna Hill asked Wilmington for emails about the August 23, 2024 Positive Vibes in the Park: Justice For All event, which moved venues. The City asserted the potentia…
Did the Arkansas AG approve Little Rock's interlocal agreement to join the Law Enforcement Information Exchange (LInX)?
No. AG Tim Griffin declined to approve the agreement because it did not specify how to establish and maintain a budget for the joint undertaking, as A.C.A. § 25-20-104(c)(4) requires. Without that app…
Is a Kentucky Commonwealth detective a 'state officer' who can't also hold a city or county office?
No. The Attorney General concluded that a Commonwealth detective appointed under KRS 69.110 is a state employee, not a state officer, so the rule in Section 165 of the Kentucky Constitution and KRS 61…
If a Delaware town's old security-camera server lost video footage I asked for, do I have any FOIA recourse, and can the AG investigate the underlying incident?
The Town of Camden did not violate FOIA. The Town produced the requested August 5, 2024 Council meeting audio/video on a thumb drive, and the Town Manager's sworn affidavit confirmed that the addition…
Do you pay the Infrastructure Maintenance Fee or sales tax when you buy a trailer in South Carolina?
It depends on whether the trailer must be registered with the DMV. The AG agreed that 'for hire' means hauling someone else's property for pay, not just any business use, so a privately owned trailer …
Can a sitting North Dakota district court judge collect NDPERS main-plan retirement benefits while still serving on the bench?
No. A sitting North Dakota district court judge cannot collect from the NDPERS main plan because there is no dual-coverage exemption for judges. The main plan and the judges plan are funded by the sam…
Can the Arkansas AG review a FOIA decision to release a job application from someone who was never hired?
No. AG Tim Griffin's review power under A.C.A. § 25-19-105(c)(3)(B)(i) is limited to personnel records and employee-evaluation or job-performance records. Application materials of someone who was neve…
Are informal 'office hours' held by elected village officers a public meeting under Delaware FOIA?
No. The AG ruled the four officers of the Village of Arden's Town Assembly (Chair, Secretary, Treasurer, and Advisory Chair) are not a separate 'public body' under FOIA. Their monthly office hours are…
Are National Guard Active Guard Reserve members 'active members of the U.S. Armed Forces' for Mississippi school-choice purposes?
Yes. Members of the National Guard Active Guard Reserve qualify as 'active members of the United States Armed Forces' under Section 37-15-29(5)(a). Their children may enroll in any Mississippi school …
Can the Mississippi Department of Agriculture accept donated land from a county economic development authority for grading and inspection facilities?
Yes. Section 69-7-115 allows the Mississippi Department of Agriculture and Commerce to acquire land by donation, purchase, lease, or condemnation in the State's name, subject to Department of Finance …
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