State AG Opinions
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Our city scheduled a referendum special election five months after certification. Was that lawful, or did we miss the 120-day deadline in the elections code?
A reviewing court would likely find the City of Ozark's decision to hold a referendum special election about five months after certification (November 18, 2025) was lawful. The two statutes (A.C.A. § …
Did Vermont Governor Phil Scott's Executive Order 06-25 (which addresses housing construction by relaxing wetland permits and letting builders use older energy standards) effectively repeal or modify the wetlands and energy statutes the legislature enacted?
Partly. The Order is lawful to the extent it directs agencies to begin rulemaking. It exceeds the Governor's authority to the extent it tries to immediately change wetlands or building energy law with…
When South Carolina county auditors decide whether a pickup truck qualifies for the lower 6 percent personal property tax assessment, should they use the truck's empty weight, its gross weight, or the gross vehicle weight rating set by the manufacturer?
Empty weight and gross weight, the way Section 56-3-630 says. The AG concluded that the South Carolina Department of Revenue's longstanding Advisory Bulletin #01-9, which directs auditors to use the m…
Can my city ban guns at a kids' soccer game in a city park, and what about a private league that rented the field?
No, neither the city nor the league can ban firearms in a municipal park. The Arkansas General Assembly preempted local firearms regulation under A.C.A. § 14-54-1411. A private organization that rents…
Can a Texas commissioners court hire its own outside law firm to help redraw county election precincts, or does the county attorney control that choice?
The commissioners court can. A Texas commissioners court may select and contract with an outside law firm of its own choice to help it redraw county election precincts under Chapter 42 of the Election…
Can a South Carolina magistrate issue an administrative search warrant to allow a county code enforcement officer to inspect a home for fitness for human habitation under S.C. Code § 31-15-380, and can the code enforcement officer prosecute the resulting case in magistrate's court?
No on the warrant, yes on prosecution. S.C. Code § 31-15-380 does not authorize magistrates (or any other judges) to issue administrative search warrants. The statute does not mention warrants at all,…
How is a quorum court supposed to implement Act 519 of 2025 for its county planning board?
The AG points the questioner to companion Opinion 2025-068, which lays out four compliance paths (addition, attrition, dissolution, or for-cause removal) and the due-process protections owed to existi…
Our county planning board does not meet the new rural-residency rule in Act 519 of 2025. Do we have to fire current members right away, or can we phase the change in?
Counties have four options for getting their planning boards into compliance with Act 519: add new rural members up to the 12-member statutory cap; let nonrural members serve out their terms and repla…
Does Michael Madigan keep his Illinois state pension after his federal corruption conviction?
No. Attorney General Kwame Raoul concluded that Madigan's federal convictions for bribery, wire fraud, and Travel Act offenses are tied directly to his service as Speaker of the Illinois House, so he …
Does Texas's State Board of Education have to adopt curriculum standards for religious literature, and can it teach the topic inside other subjects instead of a separate class?
Yes, it must. The State Board of Education is required by Education Code subsection 28.002(c) to adopt, by rule, essential knowledge and skills (TEKS) for religious literature, which the Legislature p…
Are utilities created under the Tennessee Municipal Energy Authority Act regulated the same way as government-owned utilities or electric cooperatives when it comes to setting rates and fees?
Generally no. An Energy Authority's board sets its own rates without state, municipal, or commission approval, and the only state oversight is for telecommunications services regulated by the Tennesse…
Are city civil-service commissioners' personal email addresses and personal phone numbers exempt from a FOIA request?
Yes, they are likely exempt, but not for the reason the city gave. The personal-contact-information exemption in A.C.A. § 25-19-105(b)(13) applies only to nonelected employees of state, municipal, sch…
Can I carry a gun openly in an Arkansas city park, including during a kids' soccer game, without a concealed-carry permit?
Yes, you can openly carry a handgun in an Arkansas municipal park, including during athletic events on park fields. You cannot, however, carry inside any city-owned building inside the park (gyms, com…
If a Florida city's road was dedicated by an old subdivision plat, who owns the underlying land, the city or the abutting property owner?
Under a common law dedication (which is what most pre-1935 plats created), the abutting landowner keeps title to the land under the road, subject only to the public's easement. That owner can petition…
Can the Town of Amherst, after an engineering study, unilaterally change the speed limit on a road within its town limits, even if that road is part of the state highway system?
Only on local roads. The AG concluded that § 46.2-1300(A)(1) and (A)(2) authorize a Virginia town to adjust speed limits only on roads it controls, not on state-system highways passing through town. V…
Can FBI agents, U.S. marshals, or other federal officers enforce Arkansas state law in Arkansas, including outside their normal jurisdiction or on federal land?
Yes. The Arkansas General Assembly has expressly authorized a list of federal law enforcement officers (FBI, Secret Service, DEA, ATF, U.S. marshals, postal inspectors, IRS agents, federal parks/wildl…
Is offering online sports betting, fantasy sports, e-sports betting, or online poker / blackjack / slots to Oregon residents illegal gambling under Oregon law?
Yes. The Oregon AG concluded that all of these online activities are 'gambling' under ORS 167.117(7) when they involve staking money on the outcome of a contest of chance or future contingent event. A…
When a federal agency like the Defense Counterintelligence and Security Agency requests records for a security clearance investigation, must Virginia juvenile courts hand over criminal history information, and does that include juvenile delinquency records?
Adult criminal history yes; juvenile delinquency records no. The AG concluded that 5 U.S.C. § 9101 requires Virginia juvenile courts to share criminal history record information with covered federal a…
Can a Mississippi city legally pay a $27,000 water-tap fee for a nonprofit-owned building?
Yes, if the city makes the right factual findings under one of two specific statutes (§ 21-19-65 or § 21-17-1(8)) and matches the contribution to other state, federal, or private funding. Without thos…
When a Mississippi deputy sheriff wants to do off-duty private security work in uniform with a county weapon and vehicle, who has to approve it: the sheriff or the county board of supervisors?
Just the sheriff. Miss. Code § 17-25-11 puts the approval power with the sheriff for deputy sheriffs, the same way it puts approval with the chief executive for municipal officers and with the DPS Com…
When a Newton Municipal School District board member resigns mid-term, do you hold a special election or just appoint someone to finish the term?
Appoint. The plain language of Miss. Code § 37-7-203 does not require a special election to fill a mid-term vacancy. The Newton Board of Aldermen can appoint a replacement from the resigning member's …
Can DeSoto County's convention tourist promotion tax pay for tourism facilities other than the civic center, like a sports complex or visitor attraction?
No, not directly. The local act earmarks the convention tourist promotion tax for civic center costs and Bureau operations only. But the Bureau's other revenue (non-tax-derived income, grants, fees) c…
What referendum summary did Missouri approve for House Bill 1 and new congressional boundaries?
The Attorney General approved the legal content and form of the submitted summary for referendum petition 2026-R004. The approved wording asked voters whether to approve House Bill 1, describing it as…
If only three of seven Delaware school board members meet privately about public business, does that break FOIA's open-meeting rules?
No. FOIA's open-meeting requirements apply only when a quorum of a public body gathers to discuss or act on public business. The Christina School District Board has seven members, so a quorum is four.…
Can a West Virginia county commission negotiating a Payment-In-Lieu-Of-Taxes deal with a solar developer also require the developer to chip into a community development fund the county controls, and should those terms go inside the PILOT agreement itself?
Yes, a county commission can require contributions to a community development fund and has authority to set one up, but the contribution provisions should not be in the PILOT agreement itself. PILOT a…
I want to put a clean-environment amendment on the Arkansas ballot. Why did the Attorney General reject my proposed popular name and ballot title?
The AG rejected the proposed 'Clean and Healthy Natural Environment Amendment' for the second time. Two structural problems in the amendment text itself prevent the AG from certifying any ballot title…
Can our city legally install a Safe Haven Baby Box at our fire station, and what liability does the city take on if it does?
Yes. The Arkansas Safe Haven Act expressly permits installation of a newborn safety device (Safe Haven Baby Box) at a city-owned fire station. The city must meet specific statutory and code requiremen…
Can a South Dakota city-owned liquor store legally sell THC drinks and other THC-infused products?
Probably not most of what's on the market. SD bans products with more than 0.3% Delta-9 THC, all synthetic cannabinoids, and any hemp product made by chemically converting CBD into THC isomers (Delta-…
Does our county have to reimburse our part-time public defenders for office rent, mileage to court, and other office expenses?
The county pays for office equipment, supplies, rent, and other office expenses 'necessary to the effective and efficient operation of the public defender's office.' But the county does not pay for tr…
Can a state agency withhold law-enforcement officer decertification records under FOIA before the Commission has voted on the decertification?
The three exemptions the Department of Public Safety might have reached for (undisclosed investigations, personnel records, and personal contact information) generally do not apply to CLEST decertific…
I have a deck or shed that crosses onto Corps of Engineers property. Can the Corps file a Notice of Encroachment in the county records against me, or is that a crime under Arkansas law?
It is not a crime. A.C.A. § 5-37-226 prohibits filing a phony or title-clouding instrument with the county recorder for the purpose of obtaining money or clearing title, but it expressly excludes 'a b…
In Osage County, Oklahoma, who owns the underground 'pore space' (the empty spaces in rock and soil that can be used for carbon storage or other purposes), the surface landowner or the Osage Nation's mineral estate?
The surface landowner. The 1906 Osage Allotment Act transferred the surface estate to individual Osage allottees while reserving 'oil, gas, coal, or other minerals' to the tribe. Pore space is empty s…
Can someone who is not a Delaware citizen use Delaware FOIA to get state contract records?
No. Delaware FOIA gives access to public records to citizens of Delaware. The requester here did not dispute that he is not a Delaware citizen, so the AG concluded the Office of Management and Budget …
If a police officer asks a justice court judge to drop the ticket, can the judge just dismiss it, or does the prosecutor have to be involved?
The prosecutor has to be involved. Once an officer signs and files a ticket with the clerk, only a judge can dismiss it, and the proper channel is for the officer to ask the prosecutor to file a motio…
A sheriff's office wants to release an internal-investigation report about deputies meeting with a sheriff candidate while on duty. Can they?
No. The internal-investigation report is an employee-evaluation record because it was created by the sheriff's office to evaluate the deputies' on-the-job conduct. Employee-evaluation records can only…
Do Texas county and district clerks need a court order to destroy old juvenile case records, or can they follow a retention schedule?
They can follow a retention schedule. Juvenile case papers held by county and district clerks are not 'permanent records,' so a clerk may destroy them without a court order as long as the office follo…
What fiscal impact did Missouri approve for Richard von Glahn's House Bill 1 referendum petition 2026-R004?
The Attorney General approved the legal content and form of the fiscal note summary for referendum petition 2026-R004. The approved summary said state and local governmental entities estimated no cost…
Can a Texas district attorney carry a concealed handgun in the courtroom, and can a judge or court security committee ban prosecutors from doing so?
District attorneys and assistant district attorneys who hold a license have an affirmative right, not just a defense, to carry a concealed handgun in state courts, because Penal Code sections 46.02 an…
Can a state agency withhold email notifications it sent to General Assembly members, using the FOIA exemption for legislator emails?
Yes. 29 Del. C. § 10002(o)(16) exempts emails received or sent by members of the Delaware General Assembly or their staff. Citing Flowers v. Office of the Governor, the AG concluded the exemption is u…
When the Virginia Constitution requires a proposed amendment to be referred to the General Assembly after the 'next general election' of the House of Delegates, does the 2025 election count if early voting is already underway when the amendment is proposed?
No. The AG concluded that, as of October 28, 2025, the 'next general election' for purposes of amending the Virginia Constitution will occur in 2027. Because early voting (and therefore the 2025 elect…
Do the sex-education curricula in use in some South Carolina school districts (Be Proud! Be Responsible!, Making a Difference, Making Proud Choices, Reducing The Risk, Rights Respect Responsibility, Safer Choices) violate the state's Comprehensive Health Education Act or the First Amendment?
The AG would not declare any specific curriculum unlawful (that requires factual findings beyond an AG opinion's scope), but reaffirmed two binding rules. First, South Carolina's Comprehensive Health …
Does South Carolina DSS's regulation requiring foster parents to keep firearms inoperable and locked away violate the Second Amendment?
Probably yes, according to the AG. Under Heller, McDonald, and Bruen, requiring law-abiding citizens to keep firearms inoperable and stored separately from ammunition strips them of the ability to use…
What ballot summary did Missouri approve for petition 2026-144 on marijuana and hemp rights, expungement, and tax revenue?
The Attorney General approved the legal content and form of a summary stating that petition 2026-144 would recognize marijuana and hemp rights, require unified regulation by 2027, remove license caps …
What ballot summary did Missouri approve for petition 2026-143 on marijuana, hemp, THC beverages, expungement, and taxes?
The Attorney General approved the legal content and form of a summary stating that petition 2026-143 would recognize marijuana and hemp rights, require unified regulation by 2027, remove license and t…
What ballot summary did Missouri approve for petition 2026-142 on marijuana rights, expungement, and tax revenue?
The Attorney General approved the legal content and form of a summary stating that petition 2026-142 would recognize marijuana rights, require unified regulation by 2027, remove license caps and track…
What ballot summary did Missouri approve for petition 2026-141 on marijuana and hemp rights, expungement, and taxes?
The Attorney General approved the legal content and form of a summary stating that petition 2026-141 would recognize marijuana and hemp rights, require unified regulation by 2027, remove license caps …
Can a West Virginia sheriff demand sales records from local businesses to figure out how much they owe in hotel occupancy tax and EMS fees, and can the sheriff use a subpoena to get them?
The sheriff can ask businesses directly for sales records as part of his ex officio county treasurer duty to collect 'moneys due' under W. Va. Code § 7-5-1. The implied authority follows from the expr…
Can a sitting member of the West Virginia Legislature also work for a West Virginia executive-branch agency, either as an employee or as a contractor?
An employee, no. The West Virginia Constitution at art. VI, § 13 flatly bars sitting legislators from holding 'employment under this state.' A contractor relationship is more nuanced. The AG could not…
If a South Carolina tax collector sells a property at a delinquent-tax auction and then receives a check in the mail postmarked before the sale, can the collector cancel the sale?
No. South Carolina's tax-sale statutes require strict compliance with statutory procedures, and the redemption framework gives delinquent taxpayers a 12-month redemption window after the sale, not a m…
Are prediction-market platforms like Kalshi (where you bet on election outcomes, sports outcomes, and other future events) legal in Arkansas without a gaming license?
No. The AG concludes that prediction-market platforms like Kalshi facilitate gambling under Arkansas law and require gaming licensure. The Arkansas Supreme Court has defined gambling as 'risking of mo…
If the performance bond on a city public-works project turns out to be fraudulent and the contractor still wants to be paid, can the city release final payment without the surety's written consent?
No. Section 31-5-25(1)(b)(iv) bars final payment until the surety provides written consent. The fact that the surety doesn't actually exist (because the bond was fraudulent) doesn't waive the requirem…
Does Arkansas law require cities to give veterans preference in hiring, promotion, or layoffs?
No. Arkansas law permits but does not require cities and other local governments (counties and townships, but not the state or public colleges) to adopt a veterans' preference employment policy. If a …
Does an Arkansas police or code enforcement officer have to show me ID before charging me with obstructing governmental operations or false identification?
No. Neither A.C.A. § 5-54-102 nor any other Arkansas law requires a law enforcement or code enforcement officer to present identification to a suspect before charging or citing the suspect for obstruc…
When a Delaware public body reschedules a meeting, does the posted notice have to clearly state the new date, time, and place?
Yes. The AG found the Village of Arden violated FOIA because its posted notice did not clearly reflect the intended meeting and agenda along with a date, time, and location. The notice seemed to set a…
Can a Delaware citizen use FOIA to get police call logs and CAD records for a specific address, with personal info redacted?
No. The AG concluded the Delaware State Police did not violate FOIA by denying a request for calls-for-service logs and call summaries tied to a property. Such calls, on their face, would initiate pol…
Are the meetings of the New Mexico Activities Association (the body that runs middle and high school sports and activities) covered by the state's Open Meetings Act?
Yes. NMAA and its committees and subcommittees, including the Hardship Review Committee and the Appeals Review Committee, must follow the Open Meetings Act. Section 22-2-2(L) directs the Public Educat…
A campus childcare center has video surveillance footage that ended up in a child-maltreatment investigation. Can the university release that footage in response to a FOIA request?
No, generally not. The Child Maltreatment Act exempts from FOIA any data, records, or documents concerning a child maltreatment investigation conducted by an authorized entity, including campus police…
What fiscal impact did Missouri approve for House Committee Substitute for House Joint Resolution No. 3?
The approved summary reported up to $21,817 in increased annual Department of Corrections costs and an unknown impact on the Office of State Public Defender. Other state and local governmental entitie…
When a city reimburses the county for its share of election expenses, does the formula's denominator include voters from unincorporated areas of the county or just voters from cities and towns?
Yes, the denominator includes all voters who cast ballots in the election countywide, including unincorporated-area voters. The denominator is not limited to municipal voters. A.C.A. § 7-5-104(a)(2) c…
If a Delaware town is considering banning chickens, can a resident FOIA the underlying complaints, and must the town post agendas online and keep detailed minutes?
The complaints are exempt and the town did not otherwise violate FOIA. Chicken complaints filed with the Town police and the Building and Code Official are part of investigatory files under 29 Del. C.…
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