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The Attorney General’s Opinion Unit is responsible for researching and drafting the formal opinions of the Attorney General. This Monthly Opinion Report lists all of the questions that are currently under consideration for formal opinions.
The Attorney General welcomes and solicits the views of all interested persons concerning the issues raised in any question submitted for an opinion. Views should be in writing and directed to the deputy assigned to prepare the opinion. Please follow the instructions under How to Submit Views on Assigned Opinion Requests in the right side bar menu. All views submitted before publication will be considered, but early submissions are greatly preferred. All submissions will be treated as public records subject to disclosure under the Public Records Act.
By law, the Attorney General is authorized to issue formal opinions only to certain public officials. Please see our FAQs page for more information about how to request an opinion.
No opinions were issued or concluded during this period.
Opinion No. | Question | Requested by | Assigned To |
---|---|---|---|
25-602 |
Does the California Values Act (SB 54), as codified in Government Code § 7284.6(a), prohibit a local law enforcement agency from pre-staging personnel or entering a contracted federal immigration detention facility for public safety purposes in anticipation of, or response to, civil unrest—provided that no immigration enforcement functions are undertaken? Notify me when Opinion No. 25-602 is issued |
San Bernardino County Sheriff-Coroner Shannon Dicus |
Kentfield 07/17/2025 |
25-603 |
Any county officer who knowingly accepts or allows any deposit in the county treasury of money from any private and unofficial source is guilty of a misdemeanor . . . and shall forfeit his or her office. Notify me when Opinion No. 25-603 is issued |
Inyo County Counsel John-Carl Vallejo |
Bidart 07/17/2025 |
Opinion No. | Question(s) Presented | Conclusion(s) | Issued |
---|---|---|---|
23-1001 |
Does California law prohibit the operation of daily fantasy sports games with players physically located within California, regardless of whether the operators and associated technology are located outside the State? |
Yes, California law prohibits the operation of daily fantasy sports games with players physically located within California, regardless of where the operators and associated technology are located. Such games constitute wagering on sports in violation of Penal Code section 337a. |
07/03/2025 |
23-701 |
When adjudicating a taxpayer appeal, does the Office of Tax Appeals have the authority to issue a written opinion in which it concludes that applying a particular tax regulation—promulgated by a different state agency and approved by the Office of Administrative Law—to that taxpayer’s circumstances would conflict with governing statutes and to decline to apply the regulation to the taxpayer on that basis? |
When adjudicating a taxpayer appeal, the Office of Tax Appeals has the authority to issue a written opinion in which it concludes that applying a particular tax regulation to that taxpayer’s circumstances would conflict with governing statutes and to decline to apply the regulation to the taxpayer on that basis. In making this determination, the Office must afford appropriate deference to the agency that promulgated the regulation. The Office has no authority to remove a regulation from the California Code of Regulations, or to enforce its view of a regulation’s validity or applicability outside the context of adjudicating a particular taxpayer appeal. |
07/31/2025 |
Opinion No. | Question(s) | Assigned To |
---|---|---|
25-603 |
Any county officer who knowingly accepts or allows any deposit in the county treasury of money from any private and unofficial source is guilty of a misdemeanor . . . and shall forfeit his or her office. Notify me when Opinion No. 25-603 is issued |
Bidart |
25-602 |
Does the California Values Act (SB 54), as codified in Government Code § 7284.6(a), prohibit a local law enforcement agency from pre-staging personnel or entering a contracted federal immigration detention facility for public safety purposes in anticipation of, or response to, civil unrest—provided that no immigration enforcement functions are undertaken? Notify me when Opinion No. 25-602 is issued |
Kentfield |
25-601 |
If the Director of Industrial Relations determines that the prevailing wage is the rate set by a collective bargaining agreement (CBA), and that CBA provides a separate classification for a foreman who performs on-site work while supervising the work crew, does the Labor Code require the Director to publish the prevailing wage rate for the foreman classification? Notify me when Opinion No. 25-601 is issued |
Welindt |
25-304 |
Can the California Department of Tax and Fee Administration contract to administer the transactions and use taxes of a county and of a city within that county when the tax ordinances are approved by their respective electorates in the same election but the imposition of both taxes would cause the combined rate of tax in the county to exceed the limit set forth in both the specific authorizing provision of Part 1.7 of Division 2 and section 7251.1 of the Revenue and Taxation Code? Notify me when Opinion No. 25-304 is issued |
Welindt |
25-102 |
May federally recognized Indian tribes which are located exclusively within the exterior boundaries of the State of California and who have adopted laws that impose comprehensive requirements substantially comparable to the California Cannabis Regulatory Framework lawfully conduct intrastate commercial cannabis activity solely within the State of California with California state cannabis licensees without obtaining such a license themselves? Notify me when Opinion No. 25-102 is issued |
Thomas |
24-1102 |
May a concealed carry weapon (CCW) permit be denied under Penal Code section 26202(a)(8), which disqualifies CCW permit applicants who are “currently abusing controlled substances,” based on an applicant’s otherwise lawful use of marijuana under California law? Notify me when Opinion No. 24-1102 is issued |
Bidart |
24-1101 |
Do the exemptions from local building and zoning ordinances set forth in Government Code section 53091, subdivisions (d) and (e), apply to all California public water systems, including independent water companies? Notify me when Opinion No. 24-1101 is issued |
Duncan Lee |
24-902 |
Are claw machines illegal gambling devices under the Penal Code? Notify me when Opinion No. 24-902 is issued |
Kentfield |
24-702 |
May the same individual serve simultaneously on the Board of Commissioners for the White Mountain Fire Protection District and the Board of Directors for the Tri Valley Groundwater Management District?” Notify me when Opinion No. 24-702 is issued |
McCarroll |
Opinion No. | Question(s) | Assigned To |
---|---|---|
25-501 |
May Gary Mendez lawfully serve as a member of both the Whittier Union High School District Board of Trustees and the Central Basin Municipal Water District Board of Directors? Notify me when Opinion No. 25-501 is issued |
Bidart |
25-301 |
Was Christopher Pikus validly appointed to the Poway City Council? Notify me when Opinion No. 25-301 is issued |
Medeiros |
24-1002 |
Was Mark Skvarna validly appointed to the office of Montebello Unified School District Superintendent? Notify me when Opinion No. 24-1002 is issued |
McCarroll |
24-802 |
May the San Diego Police Officers Association challenge the validity of a provision of the Proposition B initiative measure that the Association alleges to have unlawfully affected the pension benefits of some of its members? Notify me when Opinion No. 24-802 is issued |
Kentfield |