Georgia Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Georgia, with full citations and the original source on every page.
Can a hospital, doctor, or other HIPAA-covered entity legally hand over a child's protected health records to the Georgia Child Fatality Review Panel or to a county-level child fatality review committee without patient or family authorization?
Yes. HIPAA's privacy rule (45 C.F.R. § 164.512(b)) lets covered entities disclose protected health information without authorization to a 'public health authority' that's authorized by law to collect …
Georgia added a 5% surcharge on top of any fine for a 'traffic law' violation. Does that surcharge apply only to the 'rules of the road' violations in Title 40 Chapter 6 (speeding, running stop signs), or does it also apply to other traffic-related offenses like driving with an expired tag or no proof of insurance?
It applies to all traffic-law violations, not just Chapter 6 of Title 40. The phrase 'traffic laws' in O.C.G.A. § 15-21-179 has no limiting language. Georgia courts and prior AG opinions have read 'tr…
Can a Georgia city pledge its full faith and credit (its taxing power) to secure a loan from the Georgia Environmental Facilities Authority for water or sewer projects without holding a voter referendum?
Yes. Under the intergovernmental contracts clause of the Georgia Constitution (Art. IX, § III, ¶ I(a)), GEFA loans for water and sewer facilities are treated as a contractual 'service' rather than as …
When a Georgia juvenile is held at a Department of Juvenile Justice facility before being formally committed to DJJ, who pays for emergency medical care, the state or the county?
The county pays. The Attorney General concluded that until a juvenile court issues a formal order of commitment under O.C.G.A. §§ 15-11-66 or 15-11-67, the Department of Juvenile Justice has only phys…
Can a Georgia drug task force use federal asset forfeiture funds (DOJ equitable sharing money) to pay overtime to participating state and local police officers?
No. The Attorney General concluded that federal forfeiture proceeds transferred to Georgia law enforcement agencies must be spent in accordance with Georgia law, and Georgia law (O.C.G.A. § 16-13-49(u…
If a Georgia franchised new-car dealer (say, a Lincoln-Mercury franchise) sets up a temporary location in another county to sell only used cars, does it need a used-car dealer license from the Used Motor Vehicle Dealers Board?
Yes. The Georgia AG concluded that a franchised motor vehicle dealer engaged exclusively in selling used motor vehicles at a temporary location outside the county where its franchise is located does n…
Could the Georgia Department of Revenue impose an administrative cap on Forest Land Protection Act assistance grants when the formula produced grants larger than the actual current-year revenue loss?
No. Both the Georgia Constitution and the FLPA statutes set out the assistance-grant formula in detail, including the use of the 2008 base-year fair market value. Neither authorized or contemplated a …
Can a citizen remove a member of a Georgia state board, commission, or authority just by submitting a complaint to the Governor?
No. The phrase 'upon formal charges being filed' in O.C.G.A. § 45-10-4 requires something more than an informal complaint, grievance, or letter from a member of the public. 'Formal charges' must be su…
Could the Georgia Department of Public Safety set maximum statewide towing and storage rates for vehicles abandoned on public or private property after the 2019 Abandoned Motor Vehicle Act?
No, not beyond DPS's pre-existing rate-setting authority for non-consensual tows of trespassing vehicles from private property under O.C.G.A. § 44-1-13. The 2019 Abandoned Motor Vehicle Act referenced…
Can the Georgia Department of Corrections delegate to the Georgia Correctional Industries Administration (GCIA) the management of the new federally-certified inmate labor program (PIE program), or does Georgia law require the Department to run the program itself?
The Department cannot delegate program management to GCIA. The Working Against Recidivism Act (O.C.G.A. § 42-5-120) authorized the Board of Corrections to make rules providing 'for administration and …
Can a registered nurse or licensed practical nurse log into Georgia's prescription drug monitoring database in their own right, or only as a delegate of a physician?
Only as a delegate. Registered nurses and licensed practical nurses do not have access to the GAPDMP database in their own right, because they are neither dispensers nor practitioners authorized to di…
Can constitutionally elected statewide officers (like the Secretary of State or Commissioner of Labor) bypass the Georgia Technology Authority on technology purchases over $100,000, since the GTA statute exempts their offices from GTA technology policy?
No. The Georgia AG concluded that agencies under the control of constitutional officers can set their own technology policy but must still contract through the Georgia Technology Authority for any tec…
Can a Georgia county temporarily borrow money from its SPLOST account to cover other county expenses?
No. The Attorney General concluded that SPLOST proceeds must stay in a separate account and be spent only on the voter-approved projects listed in the SPLOST resolution. Even short-term borrowing for …
After Georgia's 2015 SB 100, which Georgia drug and DUI convictions does a superior court clerk have to report to the Department of Driver Services for license suspension?
Convictions under O.C.G.A. § 40-6-391(a)(2), (4), and (6) (DUI for drugs) and § 40-5-151(e) (felony drug offenses where the convicted person knowingly used a motor vehicle in the commission) must be r…
Can the Georgia State Financing and Investment Commission (GSFIC) enter into reverse repurchase agreements as part of its short-term cash management?
Yes. The Attorney General read O.C.G.A. § 50-17-2(a) as authorizing both directions of the transaction: a state agency may sell securities under an agreement to repurchase them at a future date (a 're…
Title companies and real estate data vendors want to buy in bulk all the digital images of recorded real estate documents (deeds, mortgages, etc.) that the Georgia Superior Court Clerks Cooperative Authority makes available through its statewide system. Can the Authority sell those images itself?
No. The Authority's statutory powers don't include selling those images. The clerks of superior court are the record custodians under O.C.G.A. § 15-6-96, and that statute specifically reserves the bul…
Georgia passed a 2006 law (HB 101) letting peace officers who were denied membership in the state retirement fund before 1976 because of their race or ethnicity now claim retirement credit for that pre-1976 service. But Georgia has another law that automatically repeals retirement bills if they aren't 'concurrently funded.' Does the funding requirement repeal the racial-justice retirement credit?
No. The 2006 Act does not have an immediate fiscal impact because it doesn't actually grant retirement credit until the application/funding process plays out. Eligible peace officers had to apply betw…
Can the Georgia State Personnel Board (or the Merit System Commissioner) make rules that bind state agencies whose employees are NOT classified Merit System employees? Can the Governor expand the Board's reach by executive order?
No to both. The State Personnel Board's rule-making authority extends only to 'covered departments' (those with at least one classified employee) and to the classified employees themselves. The Merit …
Which misdemeanor offenses created in the Georgia 2005 legislative session require fingerprinting at booking, and which don't?
The AG designated 8 of 15 reviewed offenses as fingerprintable: deceptive commercial e-mail (spam), pyramid promotional schemes, two pseudoephedrine sale violations (sale by retail distributor), pseud…
If a Georgia physician's malpractice insurer pays out under a high-low agreement even after the physician wins at trial, must the physician report that payment to the Composite Medical Board?
Yes. Under O.C.G.A. § 43-34-8(j), every physician licensee must notify the Board of 'any settlement' involving a medical malpractice action. A high-low agreement is a settlement (Black's Law Dictionar…
Can the Georgia National Guard share in proceeds of drug-related civil forfeitures alongside police, sheriffs, and the GBI?
Yes. The Georgia National Guard remained a 'law enforcement agency' eligible to share in proceeds of drug-related forfeitures, even after the 2015 Georgia Uniform Civil Forfeiture Procedure Act repeal…
Are teachers at Georgia commission charter schools required to be members of the Teachers Retirement System?
Maybe. The Attorney General concluded that the General Assembly likely intended commission charter school teachers to be TRS members because Article 31A repeatedly calls these schools 'public schools,…
Which of the new misdemeanor crimes the Georgia legislature created in 2017 should require fingerprinting at arrest?
The AG designated only one of two reviewed 2017 misdemeanors as fingerprintable: providing tobacco to a jail inmate without the jailer's consent under § 42-4-13(d.1), but only as to non-incarcerated o…
Does Georgia's 'doggy bag' wine law jeopardize $27 million in federal highway funding under the federal open container law?
No. The Attorney General read Georgia's open container statute (O.C.G.A. § 40-6-253) together with the new resealed-wine statute (O.C.G.A. § 3-6-4) to require that resealed bottles be transported in a…
Can the Governor's Office of Consumer Affairs investigate someone who's making fake driver's licenses, IDs, or credit cards, when those fake documents are being used in identity-theft schemes?
Yes, but only when the manufacturers are using computers or computer networks. The criminal investigative authority of the Office of Consumer Affairs (OCA) under O.C.G.A. § 10-1-393.5 reaches anyone w…
Which 2010 Georgia misdemeanors did the Attorney General designate as fingerprintable?
Of 21 reviewed offenses, the AG designated 4: carrying weapons in unauthorized locations under § 16-11-127, scanning a driver's license without consent under § 40-5-120(5), causing serious injury thro…
Which 2011 Georgia misdemeanors did the Attorney General designate as fingerprintable?
Of 15 reviewed offenses, the AG designated 9: transporting/concealing/inducing fewer than 7 illegal aliens (§§ 16-11-200/201/202), prescription data breach (§ 16-13-64(b)), feral hog release (§ 27-2-3…
Did the 2009 Georgia Public Private Partnership law cancel pending DOT contracts that were procured under the old Public Private Initiatives law?
Yes for everything not yet under executed contract by May 11, 2009. The Northwest Corridor Developer Services Agreement signed in 2006 remains valid under the constitutional contract clause and may be…
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…
Which of the seventeen new misdemeanors created by Georgia's 2002 General Assembly will trigger fingerprinting of the arrestee under Georgia Crime Information Center procedures?
Eleven of the seventeen are designated fingerprintable; six are not. The Attorney General fingerprinted (1) all five false-identification-document offenses under § 16-9-4(b)(1), (b)(2), (b)(3), and (b…
How long can a member of the Georgia Government Transparency and Campaign Finance Commission serve, and can someone be reappointed?
A commissioner may serve no more than one complete four-year term of office, as set by law. A commissioner may hold over in office past the term's expiration until a successor is duly appointed and qu…
Which of the new misdemeanor crimes the Georgia legislature created in 2021 should require fingerprinting at arrest?
The AG designated 8 of the 11 reviewed 2021 misdemeanors as fingerprintable: promoting illegal drag racing/laying drags, both forms of non-consensual transmission/posting of nude or sexually explicit …
Which of the new misdemeanor crimes the Georgia legislature created in 2023 (and certain prior misdemeanors GCIC flagged) should require fingerprinting at arrest?
The AG designated 6 of 11 reviewed misdemeanors as fingerprintable: three catalytic-converter offenses (§ 10-1-351(c), (d)(2), (d)(3)) and the new no-cash-payment-for-metal rule (§ 10-1-355(d)) all wi…
Which of the new misdemeanor crimes the Georgia legislature created in 2020 should require fingerprinting at arrest?
The AG designated all three reviewed 2020 misdemeanors as fingerprintable: improper sexual contact by a foster parent in the first degree under § 16-6-5.1(b.1) (Romeo-and-Juliet misdemeanor under § 16…
When the Georgia State Board of Education grants a state charter under the 2000 Charter Schools Act amendment over a local school board's refusal, do the same funding and oversight rules that apply to locally approved charter schools apply to the state charter school?
Yes. The Georgia AG concluded that state charter schools authorized under O.C.G.A. § 20-2-2064(d) are governed by the same provisions as locally approved charter schools, including local-board control…
Can a Georgia county adopt an ordinance that puts the county's portion of a criminal fine first in line for partial payments, ahead of the priority list in O.C.G.A. § 15-6-95?
No. The Attorney General concluded that O.C.G.A. § 15-6-95 sets a comprehensive statewide order for distributing partial payments of criminal fines, forfeitures, and costs received by superior court c…
What happens to a Georgia gubernatorial appointee when the Senate adjourns sine die without confirming the appointment, and can the Governor reappoint someone whose nomination was simply not voted on?
Three rules: First, an unconfirmed appointee whose appointment was subject to Senate confirmation does NOT hold over after the Senate adjourns sine die. The office becomes vacant immediately. Second, …
Should clerks of court withhold the Peace Officers' Annuity and Benefit Fund contribution from $15 seat-belt fines?
No. Because O.C.G.A. § 40-8-76.1(e)(1) declares that a seat-belt violation is not a criminal or quasi-criminal act, the trigger for the POPTF withholding statute (O.C.G.A. § 47-17-60(a), which only ap…
Can a Georgia teacher who already gets a military pension for reserve service buy back the same active-duty time as TRS service credit?
Yes, but only for active duty performed while serving in a reserve component. Federal law (10 U.S.C. § 12736) overrides Georgia's anti-double-credit statute (O.C.G.A. § 47-3-83(c)) for that narrow cat…
Was the Rivian Automotive megasite in Georgia exempt from local county zoning ordinances because it was leased on land owned by the State?
Yes. Both the State, as owner of the Rivian Project Site, and Rivian Automotive, LLC, as the developer and operator of the Project, were exempt from local zoning ordinances. State-owned real property …
When Georgia changed its campaign-contribution limits to use 'election cycle' periods starting January 1, 2001, do contributions a candidate received before that date count against the new limits?
No. The Georgia AG concluded that pre-January 1, 2001 contributions should not count against the new election-cycle limits in O.C.G.A. § 21-5-41. Pre-2001 contributions are governed by the old electio…
Can Georgia's Department of Education send Reading Challenge after-school grants to churches and other sectarian institutions?
No. The Georgia AG concluded that Article I, Section II, Paragraph VII of the Georgia Constitution forbids public funds, directly or indirectly, in aid of any sectarian institution. Grants to sectaria…
Can a Georgia dispensing optician still duplicate eyeglasses or contact lenses without a prescription, given a 2016 statute that bars dispensing without one?
Yes. There was no conflict between the 2016 amendment to O.C.G.A. § 31-12-12(c) (which prohibits dispensing or adapting contact lenses or spectacles without a prescription) and O.C.G.A. § 43-29-14(b) …
When a Georgia school district or county collects an Education SPLOST or special county SPLOST and the money sits in an interest-bearing account before being spent, who gets the interest and what can it be used for?
The same projects. The Georgia AG concluded that interest earned on Education SPLOST and special county SPLOST proceeds must be used exclusively for the purposes specified in the resolution or ordinan…
If a Georgia state-chartered credit union existed before April 1, 1975 (when the Financial Institutions Code of Georgia took effect) and had a broad field of membership in its bylaws, did the 1975 Code shrink that field of membership? And when two state-chartered credit unions merge, does the broad pre-1975 field of membership transfer to the surviving credit union?
Pre-1975 credit unions kept their broad fields of membership. The 1975 Code (O.C.G.A. § 7-1-636) explicitly says 'nothing in this chapter shall be construed to impair the validity of the charter of a …
Can the Georgia Aviation Authority share in proceeds from drug forfeitures under O.C.G.A. § 16-13-49?
No. The Georgia Aviation Authority is not a 'law enforcement agency' within the meaning of O.C.G.A. § 16-13-49 because its primary purpose is to operate and maintain state aviation assets, not to enfo…
Can a state agency that makes student loans (the Georgia Student Finance Authority) accept electronically signed promissory notes from student borrowers, or does the requirement that promissory notes be 'negotiable instruments' force the use of paper documents with wet signatures?
Yes, electronic promissory notes are valid here. Georgia's Electronic Records and Signatures Act (O.C.G.A. § 10-12-4) generally allows electronic signatures, but excludes 'negotiable instruments.' A n…
Are Georgia regional and county library employees who are paid only with local funds (no state funds) required to be members of the Teachers Retirement System?
Yes. The Attorney General concluded that the membership of regional and county library employees in TRS does not depend on the source of their wages. Even an employee paid entirely with local funds is…
Are HOPE Scholarship and HOPE Grant recipients subject to the Fair and Open Grants Act, which regulates state grants?
No. The Georgia AG concluded that the Fair and Open Grants Act applies to grants for 'public' entities, not for private citizens. HOPE Scholarships, HOPE Grants, and other state scholarship programs t…
Which of the new misdemeanor crimes the Georgia legislature created in 2025 should require fingerprinting at arrest?
The AG designated all 7 reviewed misdemeanors as fingerprintable: roadside transfer of dogs, cats, or domestic rabbits (§ 4-11-10.1(b)); operating a drone within 400 feet of a ticketed entertainment e…
Which 2009 Georgia misdemeanors did the Attorney General designate as fingerprintable?
The AG designated only two of seven offenses: making or accepting false statements to wrongfully obtain Move on When Ready Act payments (§ 20-2-161.3(i)) and unlawful conduct during 911 calls (§ 16-11…
If a credit reporting agency or consumer reporting business does work that goes beyond ordinary credit reporting (like skip tracing, asset searches, or background investigations) does it need a Georgia private detective license, even though it's exempt from licensure for normal credit reporting work?
Yes. The FCRA exemption in O.C.G.A. § 43-38-14(a)(2) covers only the activities that fit within the federal Fair Credit Reporting Act framework, credit transactions, employment, insurance underwriting…
Which misdemeanor offenses created in the 2006 Georgia legislative session require fingerprinting at booking, and which don't?
The AG designated 13 of 16 reviewed offenses as fingerprintable: vicious dog violations, assault and battery on an unborn child, disrupting a funeral service, weapons at a nuclear power facility, loit…
Did the Georgia Immigration Enforcement Review Board have a 60-day deadline from the filing of a complaint to hold a hearing on the merits?
No. The 60-day window in O.C.G.A. § 50-36-3(g) was the time between the conclusion of the initial hearing and the issuance of the initial decision, not the time from complaint filing to hearing. The B…
Does the Georgia Department of Corrections have to pay county jails for housing probationers who are awaiting transfer to a probation detention center or diversion center?
No. The Georgia AG concluded that the county-reimbursement statute (O.C.G.A. § 42-5-51(c)) covers only felony inmates serving sentences of incarceration. Probationers awaiting transfer to probation de…
When Georgia extended the sunset on the State Revenue Commissioner's authority to distribute unidentifiable local sales tax proceeds, did the extension cover the gap period when authority had ceased?
Yes. The Attorney General concluded that the 2009 amendment extending the sunset on O.C.G.A. § 48-8-67 reaches back to cover the gap period from December 31, 2007 (when authority ceased) through May 4…
If a Georgia superior court judge resigns to take a federal judgeship, does he keep his rights to JRS spouses' benefits and to disability retirement benefits?
Half and half. The Georgia AG concluded that a JRS member who has paid spouses'-benefits contributions for at least ten years has a vested right to those benefits even after leaving JRS-covered office…
Can a Georgia public university let a student do an academic-credit internship at a religious organization that hires only people of its own faith, or would the university violate the Constitution by allowing it?
The opposite is true. The Georgia AG concluded there is no legal barrier to the university letting a student satisfy an internship requirement at a sectarian facility that limits hiring to people of i…
Can Georgia constitutionally bar Department of Public Safety employees from contributing to political campaigns in county or state elections?
Yes, with one limit. The Georgia AG concluded that O.C.G.A. § 35-2-12 may be enforced to prohibit DPS employees (including state troopers) from making political contributions in county or state primar…
Could the Jekyll Island Authority adopt a task force recommendation that would change how it measures Jekyll Island for the 65/35 development cap?
No, not as written. The Jekyll Island Authority did not have discretion to adopt the 65/35 Task Force recommendation to the extent it would have used measurement reference points other than Mean High …
Do Georgia payday lenders need an Industrial Loan Act license, even when they dress up the cash advance as something else like a catalog coupon sale or a purchase-and-leaseback transaction?
Yes. The Georgia AG concluded that payday loans of $3,000 or less fall within the Industrial Loan Act and require a license unless the lender is exempt under O.C.G.A. § 7-3-6. Tokens like catalog coup…
Is it a Georgia crime to possess another voter's absentee ballot, for example to drop it in the mail for an elderly relative?
No, mere possession of another voter's absentee ballot was not a crime under either O.C.G.A. § 21-2-385(a) (the return-of-absentee-ballot statute) or § 21-2-574 (the felony for possession of a ballot …
Are Georgia inmates who fight fires treated as volunteer firefighters, and can the state require special training rules for departments that use them?
The AG concluded that inmate firefighters fit the volunteer firefighter category because they are not paid but are appointed and regularly enrolled to serve. The Council could set minimum standards fo…
Does putting his investments into a blind trust let a Georgia public officer skip itemizing them on his ethics disclosure form?
No. The Georgia AG concluded that the Ethics in Government Act has no blind-trust exemption, and a public officer who is the sole beneficiary of a blind trust still holds a direct ownership interest i…
After Georgia's 2008 indigent defense reforms, what is the Council's role versus the Director's role at the Public Defender Standards Council?
The Director runs the day-to-day operation of the agency. The Council retains a more limited set of concurrent functions: setting standards, conducting audits, making financial disclosures, receiving …
Can a Georgia juvenile-justice probation officer draft delinquency petitions and assist with prosecution paperwork without practicing law without a license?
Yes for paperwork, no for prosecution. Probation staff may help district attorneys gather files and draft delinquency petitions, but they cannot conduct accusatory proceedings or sign off as the respo…
Can the Georgia Public Service Commission ignore O.C.G.A. § 46-2-5 and elect its own chairman by simple majority for a two-year term?
No on every count. The chairman-selection statute is constitutional, the PSC has no authority to declare a statute unconstitutional or to disregard it, the chairman must be selected for a one-year ter…
When most of a Georgia professional licensing board's seats are vacant, how many people does it take to make a quorum, and how many votes does it take to act?
A quorum is a majority of the total number of statutory positions, not a majority of those currently appointed and serving. So a board with eight statutory positions needs five members present to do b…
When a Georgia lender makes a non-real-estate loan under $3,000 (a small consumer or business loan not under the Georgia Industrial Loan Act), can it charge a loan or origination fee in addition to the 16% statutory interest cap, or does the fee count as 'interest' that pushes the loan over the usury limit?
If the fee is supported by documented services or costs (origination work, title search, coupon books, credit checks) and is not based on a time-value-of-money calculation, it is not interest. Origina…
Did Georgia's $125 judicial operations fund fee from House Bill 1055 apply to notary appointment certificates, raising the cost from $37 to $162?
Yes. The $125 judicial operations fund fee under O.C.G.A. § 15-21A-6.1(a) applies to 'all other proceedings of a civil nature,' which includes the issuance of certificates of appointment and reappoint…
If cockfight operators draw blood or tissue samples from some of the gamecocks and send them to a poultry laboratory for disease testing, does that 'scientific research' angle defeat a cruelty-to-animals prosecution under O.C.G.A. § 16-12-4(b)?
No. The Attorney General concluded that cockfighting is cruelty to animals, full stop, and the § 16-12-4(e) exemption for 'scientific' or 'research' practices does not save it. The exemption preserves…
If a member of the Georgia Board of Regents owns a company, when (if ever) can that company sell goods or services to a University System institution without violating Georgia's conflict of interest laws?
Almost never without a specific statutory exception. Regents are 'limited powers' public officers under O.C.G.A. § 45-10-22(a)(2), so they (and any business in which they own more than 25%) are barred…
Does someone moving to Georgia from Puerto Rico, the U.S. Virgin Islands, or another U.S. territory get the same driving-test waiver as someone moving from another U.S. state?
Yes. The term 'state' in O.C.G.A. § 40-5-27(a)(3)(A) includes territories of the United States, because Title 40's own definition section, O.C.G.A. § 40-1-1(61), defines 'state' for that title to incl…
Can a journalist or other member of the public get a copy of someone's death certificate from Georgia's Vital Records Division, including the cause of death and any surgical procedures performed, without violating HIPAA medical privacy laws?
Yes. Georgia's Open Records Act makes death certificates public, and the federal HIPAA Privacy Rule does not block this disclosure. HIPAA's regulations (45 C.F.R. § 160.203) explicitly carve out state…
If someone rides an ATV (a quad/four-wheeler) on a public road in Georgia and gets pulled over for speeding or running a stop sign, can they be charged under Georgia's regular traffic laws? Or do ATVs get a pass because they're 'off-road' vehicles?
ATVs on public roads are subject to all of Georgia's regular traffic laws (the Uniform Rules of the Road in O.C.G.A. § 40-6-1 through § 40-6-397). Even though ATVs are 'designed for off-road use,' the…
Can a Georgia city or county make the State follow its post-development stormwater rules and pay impact fees for state construction projects?
No on the regulation: the state and its agencies (including GSFIC and its construction projects) were not required to obtain post-development stormwater permits or to enter stormwater facility mainten…
What can the Georgia State Board of Education and its chairperson do without first consulting the State School Superintendent or getting her approval, given the post-1996 division of authority?
The Board sets policy and the chairperson sets the agenda. The chairperson can require Department of Education employees to perform tasks for the Board after a reasonable attempt at consultation with …
Can a Georgia local government or water authority enforce its stormwater rules against a state Department of Transportation construction project?
No. Local governments and local or regional authorities cannot regulate state agencies and their projects unless the legislature expressly delegates that authority. The model stormwater ordinance prom…
Which of the new misdemeanor crimes the Georgia legislature created in 2016 should require fingerprinting at arrest?
The AG designated 8 of the 10 reviewed 2016 misdemeanors as fingerprintable: false claims of military veteran status for tangible benefit, deceptive courtroom appearance in a military uniform or with …
After the 2000 Census added portions of eight new counties to the Atlanta Urbanized Area, can a county like Walton County participate in the Atlanta Regional Commission as the federal Metropolitan Planning Organization while remaining a member of its existing Regional Development Center (the Northeast Georgia RDC)?
Yes. The Attorney General concluded that a county or municipality can hold limited membership in the ARC as the federal MPO for the urbanized portion of the county while keeping its full RDC membershi…
Can a Georgia local law (here, a DeKalb County act) let a county commissioner stay in office until December after resigning to run for CEO, or does the Georgia Constitution force the seat vacant the moment the commissioner qualifies?
The Constitution wins. Article II, Section II, Paragraph V automatically vacates the office the moment the elected official qualifies for another office whose term would overlap by more than 30 days. …
Can Georgia's Office of the State Treasurer enter into repurchase agreements and reverse repurchase agreements when managing state investment and liquidity needs?
Yes. The Office of the State Treasurer is authorized to enter into both repurchase agreements (selling securities with a buyback commitment) and reverse repurchase agreements (buying securities with a…
Could the Georgia Public Defender Standards Council sue the State to challenge being moved from the judicial to the executive branch?
No on every level. The General Assembly was constitutionally authorized to move the GPDSC to the executive branch (no constitutional clause requires indigent defense be lodged in the judiciary), the G…
If a Georgia community service board (CSB) hires someone after July 1, 1996, is that employee in the State Merit System's classified service (with hearing rights before dismissal) or in the unclassified service?
Unclassified. The Attorney General concluded that O.C.G.A. § 37-2-6.1(b)(7) (which says CSB employees are 'covered employees' subject to State Merit System rules) must be read together with the 1996 c…
Can the Georgia Board of Dentistry adopt a rule allowing licensed dental hygienists to administer local anesthesia (including controlled substances and dangerous drugs like Lidocaine) under a dentist's supervision?
Yes. The Attorney General concluded that O.C.G.A. § 43-11-74 expressly removed (effective July 1, 1992) the prior statutory ban on the Board delegating local-anesthesia administration to dental hygien…
Which 2008 Georgia misdemeanors did the Attorney General designate as fingerprintable for entry in the criminal history database?
The AG designated 11 of 13 reviewed offenses as fingerprintable, including alcohol vaporizing devices, dog-collar removal, retail property fencing, dog-fight spectator presence, sale of marijuana-flav…
Can sick leave a Georgia state employee earned while a member of ERS be credited toward retirement under the Teachers Retirement System after the employee transfers to a TRS-covered job?
No. The Georgia AG concluded that O.C.G.A. § 47-3-92 only authorizes credit for sick leave that was actually accrued while the employee was a TRS member. ERS-era sick leave does not transfer in for TR…
Can a Georgia trial judge use First Offender Act sentencing for a misdemeanor, or is it limited to felonies only?
Yes. The Georgia AG concluded that the First Offender Act, O.C.G.A. § 42-8-60, applies to both felony and misdemeanor offenses unless a specific statute (such as the DUI bar in § 40-6-391(f)) carves o…
Can workers' compensation investigators in the State Board's Enforcement Division enforce Georgia's new aggravated identity fraud statute?
Yes, but only in narrow circumstances. POST-certified investigators in the Workers' Compensation Enforcement Division may make arrests and execute search warrants for aggravated identity fraud under O…
Which 2007 Georgia misdemeanors did the Attorney General designate as fingerprintable offenses?
The AG designated only the two notary-fraud offenses (O.C.G.A. § 45-17-20(a) and (b)) as fingerprintable. Four other new 2007 misdemeanors (CASA confidentiality breaches, used-vehicle parking restrict…
Did the Attorney General add the workers' compensation fraud and employer non-compliance offenses to the GCIC fingerprintable list?
Yes. The AG designated both O.C.G.A. § 34-9-21 (employee fraudulently receiving workers' compensation income benefits) and O.C.G.A. § 34-9-126 (employer refusal to file workers' compensation complianc…
Georgia adds a 5% surcharge to fines for criminal offenses (O.C.G.A. § 15-21-131). When someone gets a traffic ticket, posts a cash bond, and lets the bond be forfeited instead of going to court, does the clerk still collect the 5% surcharge?
Yes. When a defendant in a traffic case posts a cash bond and forfeits it in lieu of appearing in court, O.C.G.A. §§ 17-6-8 and 40-13-58 require the proceeds to be 'applied and distributed as any fine…
Which of the eighteen new misdemeanors created by Georgia's 2002 General Assembly will trigger fingerprinting at booking under Georgia Crime Information Center procedures (after the 2003 update that adds vehicle-registration offenses)?
Twelve of the eighteen are designated fingerprintable. The Attorney General's 2003 update kept all eleven designations from 2002 Op. Att'y Gen. 02-07 and added a twelfth: knowingly driving a vehicle o…
When a servicemember or military spouse with a professional license moves to Georgia under military orders, do they have to pass Georgia's licensing exams again, or does federal law let them practice immediately?
Federal law lets them practice immediately on submission of the required application. The Servicemembers Civil Relief Act, as amended in December 2024, provides that a 'covered license' held by a serv…
Can a county marshal or deputy marshal in Georgia operate a speed detection device (radar or lidar) and pull drivers over for speeding?
No, not without a separate, specific local law granting that authority. County marshals and their deputies are constables for magistrate courts, not general-jurisdiction peace officers. Under O.C.G.A.…
Under what circumstances can the Governor, Lieutenant Governor, or Speaker of the House use state-owned aircraft for personal or political travel, and what role does reimbursement play?
Almost never. The Attorney General concluded that Georgia's gratuities clause (Art. III, Sec. VI, Para. VI) and the statutes authorizing state aircraft (O.C.G.A. § 50-19-22, § 32-2-2(a)(16)) permit st…
Can the consumer member and the dental hygienist member of the Georgia Board of Dentistry vote on all matters before the board, or are they restricted from voting on dentist-licensure examinations under O.C.G.A. § 43-11-2(d)?
The consumer member can now vote on everything without restriction. The hygienist member is still barred from voting on matters that 'directly relate to the practical or scientific examination of dent…
How is the 5% cap on alternative investments calculated for the Georgia Firefighters' Pension Fund: by committed amount, current market value, or actual cost paid?
By aggregate historical cost. The Attorney General read O.C.G.A. § 47-7-127(d)'s 5% limit together with O.C.G.A. § 47-20-82(c)'s rule that 'any investment limitation based upon the amount of the fund'…
Can Georgia school boards form a nonprofit corporation to pool resources and sue the State for more education funding?
No. Georgia school boards have only the powers the General Assembly expressly or impliedly gave them. The legislature has authorized other state-created entities (community service boards, the Music H…
Which of the new misdemeanor crimes the Georgia legislature created in 2015 should require fingerprinting at arrest?
The AG designated 9 of the 18 reviewed 2015 misdemeanors as fingerprintable: powdered alcohol, both tiers of harming a law enforcement animal, causing a minor to be identified in an obscene depiction,…
Which of the new misdemeanor crimes the Georgia legislature created in 2013 should require fingerprinting at arrest?
The AG designated 13 of the 16 reviewed 2013 misdemeanors as fingerprintable, including unauthorized access to confidential child-abuse records, CASA confidentiality breaches, Parental Notification Ac…
Which of twelve new misdemeanors created by the Georgia General Assembly in 2001 should be added to the Georgia Crime Information Center's fingerprintable-offense list?
Five. The Georgia AG designated O.C.G.A. § 40-6-397 (aggressive driving), §§ 27-1-3(i) and (j) (unlawful hunting/trapping/fishing and violation of suspension), § 12-3-621 (disturbing archeological sit…
Which of the new misdemeanor crimes the Georgia legislature created in 2019 should require fingerprinting at arrest?
The AG designated 7 of the 9 reviewed 2019 misdemeanors as fingerprintable: false reports to the Agricultural Commodity Commission for Propane (§ 2-8-218(a)), battery against a sports official (§ 16-5…
Could Georgia's Governor block Syrian refugees from receiving state-administered, federally-funded resettlement benefits?
No. Federal law and the state's voluntary agreement to act as Georgia's refugee resettlement coordinator both prevented the State from denying federally-funded benefits to Syrian refugees who had been…
Which of fifteen new misdemeanor offenses created by the Georgia General Assembly in 2000 should be added to the list for which arrestees must be fingerprinted by the Georgia Crime Information Center?
Three. The Georgia AG designated O.C.G.A. § 48-13-60 (innkeeper false or fraudulent excise tax returns), § 50-25-7.9(b) (improper personal purchases through the Georgia Technology Authority), and § 50…
Are Georgia's statutes letting public school classrooms display 'In God We Trust' and including 'respect for the creator' in the K-12 character curriculum facially unconstitutional under church-state separation principles?
No. The Georgia AG concluded that neither O.C.G.A. § 50-3-4.1 (the 'In God We Trust' display) nor § 20-2-145 (the character-education trait of 'respect for the creator') is unconstitutional on its fac…
Can a Georgia physician's assistant write prescriptions for controlled substances and obtain a DEA registration number?
Yes, in a limited way. The Georgia AG concluded that under O.C.G.A. § 43-34-103(e.1), a PA may prescribe Schedule III, IV, and V controlled substances when acting under proper physician supervision an…
Which of the new misdemeanor crimes the Georgia legislature created in 2018 should require fingerprinting at arrest?
The AG designated 3 of the 9 reviewed misdemeanors as fingerprintable: knowingly misusing a law enforcement agency's captured license plate reader (ALPR) data under § 35-1-22(d)(1) (a high-and-aggrava…
How does Georgia's State Use Law set-aside procurement program work, and who decides what counts as the 'normal' price?
The Attorney General concluded that the State Use Council and the Commissioner of Administrative Services share the power to develop the set-aside list, the list is a mandatory source of supply for st…
Which misdemeanor offenses enacted by the Georgia legislature in 2004 require fingerprinting at booking and which don't?
The AG designated 12 of the 13 reviewed offenses as fingerprintable: prohibited farmers' market acts, simple assault and simple battery on public school employees, third-degree cruelty to children, fi…
When the Georgia legislature adds a new misdemeanor offense, how do police know whether to take fingerprints from someone arrested for it, and which 2003 misdemeanors did the AG designate as fingerprintable?
Georgia law (O.C.G.A. § 35-3-33(a)(1)(A)(v)) gives the Attorney General authority to designate any offense as fingerprintable beyond the offenses already required by statute. For the 2003 legislative …
Can a Georgia city and county sign a contract with each other for one to handle misdemeanor probation for both, and can a single probation entity work an entire judicial circuit?
Cities and counties could enter intergovernmental agreements for misdemeanor probation services as long as both contracting parties were independently authorized to provide those services. A judicial …
Which of the new misdemeanor crimes the Georgia legislature created in 2012 should require fingerprinting at arrest?
The AG designated 13 of the 16 new 2012 misdemeanors as fingerprintable, including dangerous-dog violations, copper-theft and scrap-metal-recycler offenses, fourth-degree forgery, laser pointing at of…
Can the Georgia Department of Transportation sign construction contracts for highway projects today, where the funding will come from the State Road and Tollway Authority's promise to borrow and provide the money later?
Yes. The Georgia AG concluded that DOT may rely on a contractual promise from the State Road and Tollway Authority (SRTA) to borrow and provide funds for highway construction. Under the Intergovernmen…
Can a Georgia state law enforcement officer like a state trooper carry their service weapon into a Georgia courthouse, and what about into the actual courtrooms?
Yes for the courthouse building. Under HB 292 (2017), active law enforcement officers including Department of Public Safety officers were authorized to carry their service weapons into any courthouse …
Could the City of Canton, Georgia, ban retail pet stores from selling dogs and cats and require them to use rescue groups instead?
No, not as drafted. Sections 18-354, 18-355, and 18-356 of the City of Canton Code (which prohibited the sale of dogs and cats by pet shops, limited adoptions to those obtained from animal care facili…
Are the deed, lien, and plat images and the index data on Georgia's statewide superior court clerks' database open under the Open Records Act, and can the Authority still charge fees for them?
Both the images and the index data on the Georgia Superior Court Clerks' Cooperative Authority's online system were public records subject to the Open Records Act. But because a separate statute, O.C.…
Who picks the executive director of the Georgia Board of Nursing, the Board itself or the Secretary of State?
Both, in different roles. The Secretary of State chose which qualified candidates to submit to the Board for approval, and the Board had the authority to approve or disapprove from those candidates. O…
Are unlicensed drivers and drivers with suspended licenses fingerprintable in Georgia after the 2008 amendments?
Yes for both. Senate Bill 350 (2008) made fourth-offense violations of O.C.G.A. § 40-5-20 (driving without a valid license) and § 40-5-121 (driving while suspended/revoked) felonies. The AG designated…
Can the Georgia Board of Technical and Adult Education on its own extend to all department employees the same benefit options that transferred local-board employees kept under O.C.G.A. § 20-4-29?
No. The Georgia AG concluded that without approval from the Employee Benefit Plan Council, the Board of Technical and Adult Education cannot extend to all departmental employees the benefit options pr…
Can the Georgia State Election Board direct the Attorney General to bring in outside counsel and outside investigators to investigate election complaints?
No on both. The Attorney General is the sole legal counsel for the Executive Branch under Ga. Const. Art. V, § III, Para. IV and O.C.G.A. § 45-15-34, with exclusive authority to engage outside counsel…
Can Georgia state and local law enforcement agencies use federal forfeiture proceeds to pay officer overtime?
Yes, to the extent permitted by federal law and regulations. The Georgia Uniform Civil Forfeiture Procedure Act of 2015 repealed former O.C.G.A. § 16-13-48.1 and amended § 16-13-49 to delete the prohi…
Are bank overdraft fees charged on bounced checks 'interest' subject to Georgia usury law, or are they ordinary checking-account fees governed by the Banking Law?
Generally not interest, with one important exception. The Attorney General concluded that flat-fee overdraft programs (where the bank may, but is not required to, honor an overdraft and charges a flat…
What conflict-of-interest restrictions apply to a Georgia State Ethics Commission member who is a practicing attorney, especially regarding the lobbying, administrative-law practice, and government representation activities of the Commissioner and the Commissioner's law firm?
The Commissioner cannot lobby. Other lawyers in the firm may lobby and may practice administrative law before non-Commission agencies. The firm may represent local governments (so long as not adverse …
How and when can Georgia's Government Transparency and Campaign Finance Commission adjust the dollar limits on campaign contributions, and can it delegate that decision to staff?
Adjustments work in $100 increments based on CPI inflation or deflation. The Commission must adjust contribution limits for primaries, primary run-offs, general elections, and general election run-off…
Are arson investigators at the Georgia Forestry Commission and investigators at the Department of Agriculture eligible for the Peace Officers' Annuity and Benefit Fund?
No. The Forestry Commission's arson investigators and the Department of Agriculture's investigators are not 'peace officers' for POAB Fund purposes because their core duties are to enforce one specifi…
After Congress passed the Gramm-Leach-Bliley Act, can Georgia still enforce O.C.G.A. § 33-3-23, which barred banks and their affiliates from selling insurance in cities with more than 5,000 people?
No. The Georgia AG concluded that Section 104 of the Gramm-Leach-Bliley Act, codifying the Barnett Bank standard, preempts O.C.G.A. § 33-3-23. Georgia's 5,000-population cap significantly interfered w…
Can Georgia's Department of Revenue share motor vehicle registration data with other state agencies (or with private third parties working with those agencies)?
Only in the narrow circumstances the federal Driver's Privacy Protection Act and three Georgia statutes specifically allow. The default rule is that motor vehicle registration and title information is…
Does the Georgia Public Service Commission have authority over wireless/mobile carriers, voice-over-IP telephony providers, and cable-modem internet service providers under the Telecommunications and Competition Development Act of 1995 and the Telecommunications Marketing Act of 1998?
Yes, in part. The Attorney General concluded that the GPSC has authority over (1) mobile and wireless providers to the extent the TCDA and TMA apply to 'telecommunications companies' and do not contai…
Which kinds of supplemental pay (night-shift differential, dive pay, temporary acting-up pay for filling vacant positions, and performance bonuses) count as 'earnable compensation' under O.C.G.A. § 47-2-1(15) for purposes of calculating an Employees' Retirement System member's pension benefit?
Conditional pay supplements tied to a position's regular duties (night shift, dive pay) count as earnable compensation. Temporary supplements for filling some duties of a vacant position should be scr…
Who actually runs Georgia elections, the Secretary of State or the State Election Board (which the Secretary chairs)? When the Board issues a directive that conflicts with how the Secretary's office operates, who wins?
Both have distinct roles, and neither controls the day-to-day operations or substantive policy of the other. The Secretary of State is a constitutional officer with the primary responsibility for mana…
Should fingerprinting be required for the new high-and-aggravated misdemeanor in Georgia's medical low-THC oil program?
Yes for § 16-12-225(b), the misdemeanor of high and aggravated nature for gross, willful, or wanton negligence by acts or omissions that contribute to or cause endangerment of patients, trafficking of…
How should Georgia clerks of court calculate and distribute the Peace Officer and Prosecutor Training Fund (POPTF) penalty and other surcharges on criminal and traffic fines, especially when the sentencing judge does not mention them, when the defendant pays only part of the fine, or when the court is a probate court?
The Attorney General set out five answers. First, when a sentencing judge is silent on the POPTF penalty, the clerk must still assess and collect it because the penalty is imposed by operation of law.…
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Attorney general opinions in Georgia are written by the Georgia Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.