State AG Opinions
Free state attorney general opinions with plain-English summaries, full citations, and the original source on every page.
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Can a Texas school board let school marshals openly carry a handgun on a duty belt instead of concealed?
Yes. Education Code section 37.0811(c) lets a school marshal 'carry a concealed handgun or possess a handgun' on campus in the manner set by the board's written regulations. The AG read 'possess a han…
Can a school district withhold a teacher's letter of suspension because the suspension is not yet final?
It depends. A letter of suspension is generally a personnel record subject to the Young v. Rice balancing test. But if the suspension is disciplinary (initiated because the employer believes the emplo…
Can Tennessee bar its National Guard from active-duty combat overseas unless Congress formally declares war?
Probably not. House Bill 1609 (2024) is constitutionally suspect under the Supremacy Clause. Federal law already lets Congress and the President order Guard members into active service in war, nationa…
Why did the Arkansas AG reject the citizen-initiated act lowering the antique-vehicle-tag age threshold from 45 to 25 years?
The AG rejected the proposed popular name and ballot title because the text wrongly described existing law as a 'requirement to obtain Antique Tags.' Antique tags are discretionary, not required. The …
Does Arizona's automatic-recount statute apply to a city ballot measure (like Tucson's Proposition 413) that passed by a margin under one-half of one percent?
No. Attorney General Kris Mayes concluded that 'referred measures' in A.R.S. § 16-661 covers only statewide initiatives and referenda, not municipal measures. The structure of the surrounding recount …
Can a Delaware school district charge $780 to search for emails about a manga library and refuse to open its book-review committee meetings?
Caesar Rodney School District lost on the fee estimate. The District wanted to bill $93 to $140 an hour for administrators to search their own emails, but FOIA requires the lowest-paid employee capabl…
Can Connecticut switch to ranked choice voting for governor, statewide officers, and the General Assembly without amending the state constitution?
Probably not. Attorney General William Tong concluded that ranked choice voting in general elections for state office would likely fail under two provisions of Connecticut's constitution: the Pluralit…
Why did the Arkansas AG reject the December 2023 Government Transparency Act ballot title?
The AG rejected the popular name and ballot title because the proposed text would have radically curtailed existing FOIA notification rights for public employees while the ballot title summarized the …
Why did the Arkansas AG reject the proposed 2024 Educational Rights Amendment?
The AG rejected the proposed Educational Rights Amendment of 2024 because (1) Sections 1 and 2 would impose 'identical State academic standards' on all schools receiving local or state funds, which wo…
Why did the Arkansas AG reject the proposed 2024 hand-marked paper ballots constitutional amendment?
The AG rejected the proposed election-security and hand-marked-paper-ballot amendment because the definition of 'disabled voter' incorporated three statutes by reference (HAVA, ADA, ACRA) without spel…
Did the Arkansas AG certify the proposed 2024 Absentee Voting Amendment?
Yes. The AG substituted the popular name (the original was so long it read like a second ballot title) to 'The Absentee Voting Amendment of 2024' and substituted the ballot title to add several materi…
Why did the Arkansas AG reject the December 2023 Government Transparency Amendment ballot title (BT-1)?
The AG rejected this BT-1 submission of the proposed transparency constitutional amendment for three reasons: (1) the sponsors failed to define key terms (public record, public meeting, public notice,…
Why did the Arkansas AG reject the December 2023 first version of the Arkansas Government Transparency Act?
The AG rejected the December 2023 first submission of the proposed Arkansas Government Transparency Act because it contained provisions that were clearly unconstitutional (e.g., procedural rules contr…
Can a Delaware journalist get a list of every certified police officer's name, salary, and race?
No. The AG ruled DSP did not violate FOIA when it denied a journalist's seven-part request for a roster of all certified Delaware officers and their salary, rank, race, sex, age, and resumes. The secu…
Can a Virginia school board keep a settlement agreement secret, and does it need the city council or county board to approve it?
A Virginia school board has the exclusive authority to settle claims against the school division and can agree to confidentiality terms; the local city or county does not have to approve the settlemen…
Why did the Arkansas AG reject the December 2023 Government Openness Act ballot title (BT-4)?
Same rejection as Opinion 2023-127. BT-4 parallel submission under 'The Arkansas Government Openness Act.' Eventually certified in Opinion 2024-020 after redrafting.
Why did the Arkansas AG reject the December 2023 Government Disclosure Act ballot title (BT-3)?
Same rejection as Opinion 2023-127. BT-3 parallel submission under 'The Arkansas Government Disclosure Act.' Eventually certified in Opinion 2024-020.
Why did the Arkansas AG reject the December 2023 Open Meetings and Open Records Act ballot title (BT-2)?
Same rejection as Opinion 2023-127, incorporated by reference. BT-2 parallel submission under 'The Arkansas Open Meetings and Open Records in State and Local Government Act.' The personnel-records car…
Can a North Dakota board withhold an executive session recording on grounds (attorney consultation, negotiation strategy) different from those listed in the meeting notice?
Yes, the Board properly denied access. The general subject matter listed on the notice was good enough to comply with N.D.C.C. § 44-04-20(2). The executive session itself was authorized for attorney c…
Can a North Dakota professional licensing board withhold a licensee's response in a disciplinary case as 'confidential' even when no peer review committee has been formed?
The Board of Chiropractic Examiners' decision to withhold a licensee's disciplinary response was reasonable given the unclear statute, but technically incorrect. N.D.C.C. § 43-06-14.1(7)'s confidentia…
Can a Mississippi city create a revitalization district where buildings are exempt from some or all of the city's building code?
Generally no. Miss. Code Ann. § 17-2-4(1) makes the State Uniform Construction Code mandatory, and § 17-2-4(3) gave cities only a 120-day window from August 1, 2014, to opt out. The opinion says that …
Why did the Arkansas AG reject the December 2023 Government Openness Amendment ballot title (BT-4)?
Same rejection as Opinion 2023-123. BT-4 parallel submission under 'The Arkansas Government Openness Amendment.' Eventually certified in Opinion 2024-008 after revisions.
Why did the Arkansas AG reject the December 2023 Government Disclosure Amendment ballot title (BT-3)?
Same rejection as Opinion 2023-123, incorporated by reference: undefined key terms, full-text violation, and ballot-title summary of nonexistent text. This is the BT-3 parallel submission of the propo…
Is the personal water bill of a North Dakota fire chief a public record subject to disclosure under the open records law?
No. The Mandan Fire Department did not violate the open records law by denying a request for the Fire Chief's personal water bill. A public official's personal water bill is not a record of the public…
Does a North Dakota county board violate the open records law just by overlooking a records request and never responding?
Yes. The Morton County Board of Equalization violated the open records law when it failed to respond at all to a 2022 request for the Board's annual meeting publication notices. 'It got overlooked' is…
Can a small school district remove an elected board member through quo warranto when he has been involuntarily hospitalized for a mental-health crisis and barred from contact with the district by a permanent restraining order?
The AG granted the district leave to sue. Substantial issues of law and fact exist about whether Government Code § 1770(b) is satisfied (declared mental incapacity such that the officeholder cannot pe…
Can my Oklahoma city pass a zoning ordinance keeping tobacco and vape shops at least 300 feet from schools and other youth facilities?
Yes. The Prevention of Youth Access to Tobacco Act preempts most local regulation of tobacco and vape products, but it carves out municipal zoning and land-use authority. So a city can adopt a 300-foo…
Can Virginia state troopers enforce state criminal law on tribal land within the Commonwealth, including the Pamunkey, Mattaponi, and the six federally recognized tribes that gained recognition in 2018?
It depends on whether the specific tribal land is 'Indian country' under federal law. The Pamunkey and Mattaponi reservations are not Indian country under current AG analysis, so the Commonwealth reta…
Can a Mississippi town use hotel and restaurant tax money raised for tourism to mow and maintain a public cemetery?
It depends on the town's factual finding. Senate Bill 2998 authorized Sardis to collect a tourism tax 'for the enhancement of tourism and for the provision of parks and recreational facilities.' Wheth…
Did Arkansas's AG certify Dinwiddie's fourth attempt at an initiated act lowering the antique vehicle registration age from 45 to 25 years?
Rejected. Dinwiddie's fourth attempt to lower the antique-vehicle threshold from 45 to 25 years had two new defects: the popular name and ballot title used 'automobile' (a broader term) while the amen…
Can a charter city like Tulsa refuse to set up a leave-sharing program for firefighters and police on the ground that it would unconstitutionally use public funds, and can a charter city ban such programs by ordinance?
No to both. A leave-sharing program for paid fire and police personnel is a valid public purpose and does not violate the Oklahoma Constitution's restrictions on use of public funds (Article X, §§ 14,…
If a North Dakota public agency does not have a record I asked for, does it have to tell me, or can it just stay silent?
The Morton County Sheriff's Office did not violate the open records law by not producing a record that did not exist, but it did violate the law by not telling the requester that the record did not ex…
Do Arkansas planning and development districts, area agencies on aging, and community health agencies have to follow the state ban on COVID-19 vaccine mandates?
It depends on whether the entity is a 'political subdivision' under Acts 4 and 10 of 2023's First Extraordinary Session. Planning and development districts likely are political subdivisions and so are…
Can the Mississippi Department of Agriculture spend private gifts and naming-rights money on improvements to its property and the Mississippi Agriculture and Forestry Museum?
Yes, with one statutory limit. Under Miss. Code Ann. § 69-1-48, the Mississippi Department of Agriculture and Commerce can accept private funds for departmental property improvements and marketing, an…
When a person is appointed to fill a vacancy on a Virginia city council, board of supervisors, or school board, do they keep the seat through the rest of the original term, or only until the next election cycle, or only until the next person can be appointed?
An interim appointee under § 24.2-228 keeps the seat only until the next event that brings new appointing power into existence. If the original term ends and a new term begins, the interim appointee c…
I am running as an independent candidate in Virginia. Do petition signatures my volunteers collected on January 1 of the election year count toward my ballot-access total?
No. The Virginia AG read § 24.2-506(A)'s requirement that petitions be signed 'after January 1' literally. January 1 is not 'after January 1.' Only signatures collected on January 2 or later count. Th…
Do South Carolina disability-services providers have to run fingerprint background checks on their direct-care staff?
Yes, if the program is a "direct care entity." Section 44-7-2910 requires a criminal record check before a direct care entity employs or contracts with any direct caregiver, and the AG read it to cove…
If a mayor would end up supervising his spouse who works for the town, does that violate nepotism or ethics rules?
The Attorney General said enforcing the town's own nepotism policy is up to the Town Council's discretion. But it warned that a mayor supervising his spouse (here, an assistant town clerk in line to b…
Can someone serve on a Mississippi community college board of trustees and also be a sheriff at the same time?
Yes. A sheriff and a community college trustee both serve in the executive branch of Mississippi government. The separation of powers doctrine bars dual service only across branches, not within the sa…
Can a Mississippi county supervisor also serve as executive director of the Pat Harrison Waterway District?
Maybe, but probably not. A county supervisor exercises 'core powers' within the judicial branch under Mississippi separation of powers doctrine. The Pat Harrison Waterway District is an executive-bran…
Is alkaline hydrolysis, also called water cremation, legal for disposing of human remains in Maryland?
The opinion concluded that alkaline hydrolysis (water cremation) is generally illegal in Maryland, because state law only permits five specific ways to bury or dispose of a body, and neither of Maryla…
Can a Louisiana parish amend a budget after the fiscal year has ended to handle adjustments that came in late?
No. St. John the Baptist Parish cannot amend an adopted budget for a prior fiscal year. All budget amendments must happen within the current fiscal year. Late-arriving deficits or surpluses get rolled…
Do Kentucky counties have to give half of their own opioid settlements to the state opioid abatement commission?
Yes. The Attorney General concluded that KRS 15.293(3)(a) requires 50 percent of the proceeds from any settlement, judgment, or bankruptcy against the named opioid defendants to go to the Kentucky Opi…
Do Kentucky's polling-place rules for tax-funded buildings apply to early no-excuse absentee voting sites?
No. The Attorney General concluded that the term 'voting places' in KRS 117.065(2), which lets county election boards use tax-funded buildings like schools as polling places, applies only to election-…
Would California authorizing interstate commercial cannabis sales with another legalizing state create 'significant legal risk' to California under the federal Controlled Substances Act?
Yes. The AG concluded that authorizing interstate commercial cannabis activity poses significant legal risk under the federal CSA because of unsettled federal preemption doctrine and the risk of crimi…
Can a Fayetteville city attorney release a former police officer's personnel action sheet and termination letter under FOIA when the officer objects to release?
Yes. The custodian's decision to release both the personnel action sheet (a personnel record) and the termination letter (an employee-evaluation record meeting all four release elements) is consistent…
Can a Kentucky county pull out of a joint planning unit with its cities, and then plan on its own?
Yes, with a catch. The Attorney General concluded a Kentucky county can unilaterally withdraw from a joint planning unit established under KRS 100.121, generally by repealing the ordinance that create…
If I store my boat or travel trailer at a Virginia town facility but use it mostly somewhere else, which locality gets to charge me personal property tax on it?
It depends on where the vehicle is normally garaged, docked, or parked, not where it is registered. The AG read Virginia law to mean that a Virginia town can tax a boat or trailer only if the vehicle …
When the West Virginia State Conservation Committee pays per diem compensation to elected conservation district supervisors, can the rate be a range, and should the payments go on W-2 or 1099 forms?
The per diem must be a single flat daily rate within the $30 to $150 range set by W. Va. Code § 19-21A-7(c), not a range that varies among supervisors. And the payments must be reported on W-2s, becau…
If my Virginia health insurance covers other cancer radiation treatments but denies coverage for proton radiation therapy by saying it needs more clinical evidence, is that legal?
No. Virginia Code § 38.2-3407.14:1 forbids a carrier that covers any cancer therapy from holding proton radiation therapy to a higher standard of clinical evidence than it applies to other forms of ca…
When an inmate files a civil suit and the court waives the filing fee under in forma pauperis, does the Department of Corrections still owe the county a reimbursement for that fee?
No. Under A.C.A. § 12-27-115, the Department of Corrections must reimburse counties only for expenses they actually 'incurred' from inmate legal proceedings. When an inmate is granted in forma pauperi…
Can a full-time parish solid-waste-district employee also serve on the parish council in Louisiana?
Yes. Under Louisiana's Dual Officeholding and Dual Employment Law, a full-time employee of the St. Landry Parish Solid Waste Disposal District (a separate political subdivision created by special act)…
Can a Texas district judge over two counties appoint a separate court coordinator for each county?
Probably not a second full coordinator. Government Code section 74.101(a) lets a judge 'appoint a court coordinator for his court,' and the AG read that singular language, reinforced by other statutes…
Can a Texas state agency accept donated repair work on a building if a private donor pays a contractor to do it?
Yes, generally. Government Code section 441.006(b)(2) lets the Texas State Library and Archives Commission receive a donation of money, property, or 'services' on any terms it considers proper, so lon…
Does a city committee picking a buyer for surplus property have to keep minutes under Delaware's open meetings law?
Yes. The AG ruled the City of Dover's Old Post Office review committee violated FOIA by failing to post an agenda and keep minutes for its August 29, 2023 meeting, and ordered the committee to reconst…
Does the county sheriff have to investigate a crash when an off-duty highway patrol officer is in a personal car?
No, not under subsection (B). Section 56-5-765(B) requires the county sheriff to investigate crashes involving a Department of Public Safety vehicle or motorcycle. The AG concluded that rule does not …
Can an Arkansas state representative or senator simultaneously serve on a city, county, or regional library board?
No. Article 5, § 10 of the Arkansas Constitution bars a sitting member of the General Assembly from being elected or appointed to any 'civil office' during the term for which the legislator was electe…
Are 'pick'em' or 'over/under player prop' games where you bet against the operator (not against other players) on individual athletes' performance a fantasy contest or sports betting under Virginia law?
Sports betting. The Virginia AG concluded that the defining feature of a fantasy contest under Virginia law is that multiple players compete against each other. When the only opponent is 'the house' (…
Did the Arkansas AG certify the Couch/Standerfer 'Arkansas Government Transparency Amendment' for the 2024 ballot?
Rejected. The AG declined to certify the first version of the Couch/Standerfer 'Arkansas Government Transparency Amendment' because key terms ('government transparency,' 'public record,' 'public meeti…
If a Kansas school district wants to lease out a closed school building instead of selling it, does it have to give the state legislature a chance to claim it first?
No, not for an ordinary lease. The Attorney General concluded that "dispose of" in the new school-building notice law means a permanent, conclusive giving up of the district's interest, such as a sale…
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