State AG Opinions
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What knives can a Mississippi convicted felon legally have at home, and is bow hunting allowed?
Convicted felons in Mississippi cannot possess any of the four enumerated knives in Section 97-37-5: bowie, dirk, butcher, or switchblade. Strict liability applies, so a butcher knife in your kitchen …
Can the Mississippi Workers' Compensation Commission charge the State Self-Insured Workers' Compensation Trust an annual assessment after the 2016 Budget Transparency Act?
No on the assessment, yes on the premium. The Workers' Compensation Commission cannot charge its annual Section 71-3-99 assessment to the State Self-Insured Workers' Compensation Trust, because that's…
Can a Mississippi county pair the renewable-energy 50% tax exemption with a fee-in-lieu of ad valorem taxes for the same project?
Yes, with caveats. The Board of Supervisors can grant the 50% Section 27-31-46 exemption and a Section 27-31-104 fee-in-lieu agreement concurrently, but the Mississippi Constitution Article 7, Section…
Can the Mississippi Board of Barber Examiners hire a board member's nephew or cousin as a barber inspector, or is that nepotism?
No nepotism violation. Mississippi's nepotism statute (Section 25-1-53) only prohibits hiring relatives within the third degree for five specific positions: officer, clerk, stenographer, deputy, or as…
Now that Benton County has more than 250,000 people, do its cities have to pay 100% of the local district court costs?
No. Section 16-17-119, which bars counties of 250,000+ residents from paying any district court costs, applies only to local district courts. Benton County's First District is a state district court s…
Does a Virginia county's zoning ordinance protect my pre-2018 ground-mounted solar facility on agricultural land if the ordinance only mentions 'solar power panels' for residential use?
A Virginia locality's zoning ordinance that allows 'solar power panels' only as a residential accessory use does not regulate 'ground-mounted solar energy generation facilities' on agricultural land u…
Are the old Virginia Attorney General opinions that applied poll taxes, anti-miscegenation laws, and school segregation still legally valid?
Previous Virginia Attorney General opinions that relied upon or promoted racially discriminatory laws are overruled. Between 1904 and 1967, Virginia AGs issued at least 58 opinions applying or interpr…
Can the Arkansas Attorney General weigh in on a dispute over Arkansas Activities Association eligibility rules?
No, the AG declined to opine. The Arkansas Activities Association is a voluntary association of school districts, and its rules are private contractual rules among members, not state law. Ark. Code An…
Can a Virginia Governor, by executive order alone, end the state's participation in the Regional Greenhouse Gas Initiative and the requirement that electric utilities hold CO2 allowances?
No. The Governor of Virginia cannot, by executive order or other executive action alone, repeal or eliminate the regulatory requirement (under the 2020 Clean Energy and Community Flood Preparedness Ac…
When does the federal Indian Child Welfare Act apply in Virginia child welfare cases, and what protections does it require for Native American children?
The Indian Child Welfare Act applies to Virginia cases that involve, or could lead to, foster care placement, termination of parental rights, or preadoptive/adoptive placement, where the child meets I…
When do laws passed in a special legislative session take effect if they have no emergency clause?
Acts of the General Assembly without an emergency clause or specified effective date become effective on the 91st day after sine die adjournment, calculated from the day after adjournment. For the Sec…
After Virginia ratified the Equal Rights Amendment in 2020, can a later session of the Virginia General Assembly take that ratification back?
No. Virginia cannot rescind its January 27, 2020 ratification of the Equal Rights Amendment. Article V of the U.S. Constitution speaks only about ratification, not rescission. Federal practice from th…
Can a Kentucky county clerk reject a candidate's filing papers if they didn't also turn in the campaign treasurer form?
No. The Attorney General concluded that a county clerk may not reject a candidate's nomination papers simply because the candidate did not also file the Statement of Spending Intent and Appointment of…
When North Dakota allocates oil and gas tax revenue to constitutional funds, must the share belonging to tribes from reservation wells be counted, or only the state's own share?
Only the state's share. The North Dakota AG concluded that tribal-share gross production and oil extraction tax revenue (distributed directly to tribes under N.D.C.C. ch. 57-51.2) should not be includ…
Before disciplining a Tennessee physician for prescribing ivermectin or hydroxychloroquine off-label for COVID-19, must the Board of Medical Examiners first promulgate a rule?
Yes. Generally the Board of Medical Examiners can discipline physicians without first adopting a rule, because Tenn. Code Ann. § 63-6-214(b) lists grounds in non-exhaustive terms. But Tenn. Code Ann. …
Can an Arkansas casino licensee outsource its online sports betting to a vendor who keeps most of the revenue?
No, Amendment 100 does not prohibit such contracts. The constitutional amendment is silent on revenue-sharing terms between casino licensees and third-party vendors. Neither the Arkansas Racing Commis…
If someone in Virginia gets a second DUI within 5 to 10 years of the first and had a blood alcohol level of 0.15 or higher, what's the minimum fine: $500 or $1,000?
$1,000. The $500 fine in Va. Code § 18.2-270(B)(2) for a second DUI within 5 to 10 years stacks with the additional $500 fine in § 18.2-270(B)(3) for a blood alcohol level of 0.15 or higher. Subsectio…
Can Virginia law enforcement officers enter a person's home without consent to execute an emergency custody order for mental health under § 37.2-808, or do they need a separate search warrant?
Yes, but only the subject's own home. Law enforcement may enter a residence and take a person into custody on an emergency custody order under § 37.2-808 if (1) there are sufficient grounds to believe…
Can Virginia parents still use the religious exemption to skip childhood vaccines during the COVID-19 pandemic?
The religious exemption for childhood vaccinations in Va. Code § 32.1-46(D) remains available during a public health emergency like COVID-19, because the COVID-19 vaccine is not a required childhood i…
Does Arkansas law require a car's rearview mirror to be mounted on the windshield?
No. Section 27-37-305(a) only requires every motor vehicle to be 'equipped with a rearview mirror.' It does not specify windshield, dashboard, or any other location. Loaded vehicles with obstructed re…
Does the Arkansas Unclaimed Property Act treat a public water authority's customer deposits the same as a regulated utility's?
No. A water authority formed under the Water Authority Act is exempt from Public Service Commission jurisdiction, which means it does not meet the Unclaimed Property Act's definition of 'utility.' The…
Does a Kentucky fire district owe a firefighter paid military leave for days the firefighter wasn't scheduled to work?
Only for scheduled work days. The Attorney General concluded that KRS 61.394 and KRS 61.396 require a fire protection district to provide paid military leave only during a 'leave of absence' from prev…
Can a city refuse to release records of federal pandemic relief payments to its employees under the Arkansas FOIA?
Yes, the city's decision to release the records was consistent with the Arkansas FOIA. Records of ARPA payments to city employees are personnel records subject to the Young v. Rice balancing test, and…
Are records of Delaware's Domestic Violence Fatal Incident Review process public?
No. The AG ruled the Domestic Violence Coordinating Council properly denied a Delaware Online reporter's request for the High Risk Team's documentation of a victim killed in 2021. 13 Del. C. § 2105(h)…
Can Arkansas county equalization board members complete their required training online instead of in person?
Yes. Section 26-27-324 charges the Assessment Coordination Division with providing training to county equalization board members but is silent on format. The ACD director may run the comprehensive rec…
If a Virginia city or county signs a multi-year collective bargaining agreement that promises annual pay raises, is the locality legally bound to fund those raises every year?
Yes, with a major qualifier. A Virginia local government can sign a multi-year collective bargaining agreement promising employee pay raises across multiple fiscal years. But each year's raise is subj…
How does Virginia's 2020 earned sentence credit law (House Bill 5148, amending § 53.1-202.3 effective July 1, 2022) apply to inchoate offenses (attempt, conspiracy, solicitation, accessory before the fact), to aggravated murder, and to repeat offense provisions?
Detailed answers to four questions from VDOC: (1) 'Any felony violation' in § 53.1-202.3(A) covers completed offenses plus accessories before the fact and principals in the second degree, but solicita…
Can Gloucester County, Virginia, use revenue from its voter-approved 1% local sales tax to pay down debt on past school construction, or only to fund new school construction or major renovations going forward?
No. The Gloucester County 1% local sales tax, approved by voters in November 2020 under Va. Code § 58.1-605.1, must be used solely for capital projects involving new construction or major renovation o…
Can a married couple in Arkansas who live in separate houses both claim the homestead property tax credit?
No. If a married couple jointly owns both homes, only one homestead property tax credit is allowed for the household. And a spouse claiming the 100% disabled veterans' exemption on one residence canno…
Can the Eureka Springs School District donate a vacated school building to a community foundation, and have the rules changed since 2017?
The relevant law has not changed. Prior AG Opinions 2017-105 and 2015-105 still control donations of vacated school property: § 6-21-108(b) governs eligible recipients and purposes, and the Arkansas C…
Can an Arkansas county lease out a building it bought with road department money to a non-profit fitness center?
Yes. The County Road Tax and State Aid Road Fund restrict how road revenues can be spent, but not how property bought with those revenues can be used. Counties may lease that property to other governm…
Does the NCAA's transgender student-athlete policy violate Title IX?
The AG's view, with caveats. A state senator asked whether the NCAA's transgender student-athlete policy violates Title IX. As of this 2021 opinion, that policy let a trans female athlete compete on a…
Are Arkansas Department of Education COVID guidelines for schools legally enforceable like a regulation?
No. Guidance documents that were not promulgated through the Arkansas Administrative Procedure Act do not carry the force of law. Arkansas Department of Health rules properly adopted under the APA do,…
Does an Arkansas school district have to put a long-term lease-purchase deal with a private developer out for public bid?
No public bidding is required for an Act 2177 lease-purchase agreement between a school district and a private developer. The developer is not subject to most school-district statutory or constitution…
When a school sends a student home to quarantine because the local health department says so, does the family get court-appointed counsel if they challenge the quarantine?
Yes. The AG concluded that A.R.S. § 36-789(M) requires the court to appoint counsel at state expense whenever someone challenges or is subject to a county-health-department quarantine, even if the qua…
If two extra Delaware school board members show up at a board committee meeting and a quorum is suddenly present, do they have to cancel the meeting?
No, but the Board's caution wasn't a FOIA violation either. The Board Policy Review Committee adjourned the October 27, 2021 meeting when two non-Committee Board members appeared as the public, creati…
Can a Virginia county or city create a tax credit (real estate, personal property, or otherwise) for parents who homeschool or send their kids to private school?
No. Under Virginia's Dillon Rule, local governments only have the powers the General Assembly expressly grants them (or those necessarily implied or essential). The General Assembly has not authorized…
When Virginia workers are paid by the piece (per item produced) rather than by the hour, are they covered by the new Virginia Overtime Wage Act? How is their overtime calculated?
Yes. Piece-rate employees are covered by the Virginia Overtime Wage Act, even though the statute doesn't explicitly mention them. Per Department of Labor and Industry guidance, employers can either pa…
Can a McComb police officer provide security at an airport board meeting if the airport is in Magnolia, not McComb?
No. The 2021 opinion concluded that a City of McComb police officer, acting in official capacity, cannot provide security at a McComb/Pike County Airport Board meeting located within the city limits o…
When a California county redistricts and a vacancy election happens in between, do the new boundaries apply to the vacancy race, and how long does the winner serve?
The boundaries in effect when the now-deceased incumbent was originally elected control the vacancy election, not the new post-redistricting boundaries. The vacancy winner serves only the remainder of…
Can the Arkansas AG explain who can carry a handgun in a courthouse or county building under Act 1024 of 2021?
The AG declined to opine. Two cases pending in Pulaski County Circuit Court (Corbitt v. Pulaski County Jail and Corbitt v. Ark. Game and Fish Commission) raised the same handgun-carry questions, and t…
Can a county economic development agency dissolve itself, or does the quorum court have to approve the dissolution by ordinance?
The agency cannot dissolve itself. Because the quorum court created the Jackson County Community and Economic Development Agency by ordinance, only the quorum court can dissolve it by ordinance. The a…
Does a Kentucky water district have to follow call-before-you-dig rules when other utilities cross its easement?
It has to follow the rules. The Attorney General concluded that the exemption in KRS 367.4915(1), which excuses an operator digging on 'its own easement,' does not apply to the East Logan Water Distri…
Can a Texas medical residency offer abortion training on an opt-in basis even though ACGME accreditation rules require opt-out?
The AG's view: yes. A state senator asked how Texas medical schools should handle a conflict between a federal nondiscrimination law and a national accreditor's abortion-training rule. The federal Coa…
Can a Texas Type A general-law city disqualify an elected official from office over unpaid utilities or county debts?
The AG's view: mostly no. A county attorney asked whether the City of Cumby, a Type A general-law municipality, could enforce an ordinance disqualifying officials who are 'in default' to the city or c…
Can a Bella Vista, Arkansas POA architectural committee ban white fences and remove non-compliant ones?
The AG declined to opine. The Bella Vista Property Owners' Association is a private nonprofit corporation governed by recorded covenants and member contracts. Disputes over POA rules and enforcement a…
Can I force DelDOT to produce small cell permits I think exist when DelDOT swears under oath there are none?
No. DelDOT's Utility Engineer signed an affidavit saying he personally reviewed the records, the database, and the requester's photographic evidence and could find no responsive records of unpermitted…
When a Virginia locality enacts a collective bargaining ordinance under § 40.1-57.2 for its public employees, can it require that a neutral Labor Relations Administrator be removed only by mutual consent of management and unions? Can the ordinance impose binding arbitration on non-financial bargaining impasses?
Yes to both. Under Va. Code § 40.1-57.2, a Virginia locality enacting a collective bargaining ordinance can require that a neutral Labor Relations Administrator be terminated before contract expiratio…
Can a Mississippi school district pay more than the average of two appraisals to buy land worth over $50,000?
No. The 2021 opinion concluded that under Section 37-7-301(aa), a Mississippi school district cannot pay a purchase price exceeding the average of two independent appraisals when buying real property …
Can a Mississippi county hold someone in the county jail before their drug or alcohol civil commitment hearing if there's no treatment bed yet?
No. The 2021 opinion concluded that Mississippi has no statutory authority to house respondents in drug and alcohol civil commitment proceedings in the county jail pending commitment to either a state…
If a Delaware city blows the 15-day FOIA deadline but eventually answers, can the AG still find a violation, or does the late response moot the petition?
The AG declared the petition moot. Wilmington had told Mr. Bittle within 15 business days that it needed more time, but it failed to give one of the statutory reasons (voluminous records, legal advice…
Can a former Little Rock city employee block release of his termination records under the Arkansas FOIA?
The custodian's decision to release the records, while withholding sensitive personal information and limiting evaluation-record release to those underlying a final suspension or termination, is consi…
Can a mayor sit in on an Arkansas Civil Service Commission executive session about the fire chief?
Yes. Where the mayor is the fire chief's immediate supervisor, the mayor may attend an executive session of the city's Civil Service Commission at the Commission's request, provided the session is hel…
Can a Mississippi Highway Patrol officer use radar and ticket on city streets in larger Mississippi cities, and what other traffic offenses can they enforce?
Yes, after a 2021 statutory change. Senate Bill 2788 (2020 Regular Session, effective July 1, 2021) removed the prohibition that previously barred MS Highway Patrol from setting up radar in cities ove…
Can a former Arkansas State Police trooper block release of his personnel and evaluation records in response to a FOIA request?
The custodian's decision to release the records appears consistent with the Arkansas FOIA. A former employee's privacy objection alone is not enough to block disclosure of personnel records, and the p…
Are farm utility vehicles and utility vehicles considered ATVs under Virginia law, so they can use public highways under the farming-activities exception in § 46.2-915.1?
It depends on the vehicle. A farm utility vehicle or utility vehicle is also an 'all-terrain vehicle' under Virginia law if it has three or more wheels (and the other ATV elements are satisfied). When…
Can the Williamsburg Tourism Council exercise powers listed in its bylaws when the statute that created it doesn't expressly grant those powers, and can it sit inside the Greater Williamsburg Chamber and Tourism Alliance?
Yes, the Tourism Council may exercise the powers in its bylaws as long as those powers do not conflict with § 58.1-603.2 (or other state law) and reasonably serve the tourism-promotion purpose the Gen…
Must Virginia's DEQ consider environmental justice when deciding whether to permit a new landfill?
Yes. The Environmental Justice Act is self-executing and imposes enforceable duties. The DEQ Director must ensure that 'environmental justice' (fair treatment and meaningful involvement of affected co…
Can a Tesla customer FOIA the Delaware DOT for every record mentioning Tesla while Tesla itself is suing DOT over a denied dealership license?
No. Alan McKersie filed a FOIA request matching language a Tesla consultant had already FOIA'd and Tesla's counsel had already sought in discovery, and the request's metadata showed the consultant as …
Can a Mississippi county board waive the 10% penalty for failure to file a personal property tax rendition if the taxpayer paid the back taxes once they learned of the mistake?
No, with a narrow exception. The 10% penalty under Section 27-35-45 for failure to file a personal property tax rendition is mandatory; neither the board nor the assessor can waive or forgive it. Howe…
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