State AG Opinions
Free state attorney general opinions with plain-English summaries, full citations, and the original source on every page.
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Are hemp beverages legal to sell in Mississippi, and do they have to be under 0.3% THC?
Hemp beverages sit in a legal gray zone. Section 97-31-5 makes it unlawful to sell any drug, elixir, or compound that produces intoxication when drunk to excess unless state law specifically legalizes…
Could Wyoming's Environmental Quality Council adopt environmental rules on its own, or did it always need a positive recommendation from the Department of Environmental Quality first?
It always needed a recommendation. Wyoming AG Peter Michael concluded the Environmental Quality Act gave the Council authority to approve rules only 'after recommendation from the director' of DEQ. Th…
Can a Mississippi county pay each employee a $1,000 ARPA bonus for staying on the job during the pandemic?
No. Once American Rescue Plan Act funds enter the county treasury, state rules govern how they are spent. Miss. Const. Art. 4 §§ 66 and 96 prohibit a county from granting extra compensation for servic…
Could Oregon's Department of Education let a school district keep using the ACT instead of the state-contracted SAT-family test, given the law required the chosen contractor to be able to provide statewide data?
Yes. The AG read 'must be able to provide statewide data' as requiring only the internal capacity to compile composite results from whatever testing the contractor actually did, not as a mandate to ac…
Can a West Virginia county commission buy a building it currently leases for its 911 center, and then lease part of the building to a private for-profit business?
Yes to the purchase, no to the for-profit lease. County commissions have broad express and implied authority to buy real estate for public purposes, including running a 911 center. But West Virginia l…
Does a town housing authority commissioner have to live inside the town, or can they live within five miles of the town?
Yes. Mississippi housing authority commissioners must reside within the housing authority's territorial jurisdiction, but that jurisdiction extends beyond the town limits. Under Miss. Code Ann. § 43-3…
Can a habitual offender in a Mississippi prison get conditional medical release if they're terminally ill, even though habitual offenders aren't eligible for parole?
Yes. Conditional medical release under Miss. Code Ann. § 47-7-4 is a separate and distinct program from parole under § 47-7-3. The habitual-offender exclusion in § 47-7-3 does not apply to § 47-7-4. A…
If I file a transfer-on-death deed in Mississippi, do I have to reapply for my homestead exemption?
No. A revocable transfer-on-death deed does not affect the owner's homestead rights during life, so no reapplication is required after filing. The homestead exemption keeps rolling forward annually un…
If a Mississippi county overpaid sick leave by mistake, can other employees donate leave so the worker can repay it?
Yes. If the county determines an administrative error caused an employee to be paid sick leave they had not earned, the employee can repay the county using leave donated by coworkers, as long as the d…
If ICE issues a detainer on someone in a Virginia sheriff's jail, can the sheriff tell ICE when the inmate will be released so ICE can come pick them up?
Yes. Virginia Code § 53.1-220.2 expressly allows a sheriff who receives an ICE detainer to transfer custody of the inmate to ICE within five days before scheduled release. The AG concludes that author…
Can a Mississippi city accept land instead of cash to settle a special assessment debt the property owner owes?
Yes. The 2021 opinion concluded that under municipal home rule, a Mississippi city can accept real property in lieu of cash payment to satisfy a special-assessment debt, as long as the property is acq…
How many times must a Mississippi county advertise an ordinance, and can it post a shortened version online instead of the full text in the newspaper?
For ordinances not governed by a specific publication statute, Mississippi counties have no minimum number of newspaper runs and can post a shortened version on a county website. But if a particular t…
Can a Mississippi county provide group health insurance to part-time employees or non-salaried employees, and can it pick which employees to cover?
The 2021 opinion concluded that a Mississippi county can provide group health insurance only to employees who (1) work full-time for the county and (2) receive direct compensation from the county. Par…
Can a Mississippi county hire a chamber of commerce to manage a county-owned property and share offices, and does revenue generated have to flow through the county?
On the office-sharing question: yes. The 2021 opinion concluded that nothing prohibits a county and a chamber of commerce from agreeing, in a lawful management agreement, that the county retains offic…
Can a Mississippi school district sell laptop computers (purchased with COVID Equity in Distance Learning Act funds) to graduating seniors?
Yes. The 2021 opinion concluded that a Mississippi school district may sell laptop computers, purchased with grants under the Equity in Distance Learning Act (EDLA), to graduating twelfth graders. The…
Can a Mississippi county board of supervisors add secretarial expenses to the county prosecutor's base salary, raising the retirement and tax base?
No. The 2021 opinion concluded that the county prosecutor's salary (set by Section 25-3-9 based on county population and location) is separate from secretarial expenses paid under that statute or unde…
Does a Mississippi city judge in a city of 10,000 to 20,000 have to be a qualified elector of the county where the city sits?
No. The 2021 opinion concluded that Brookhaven's municipal court judge does not need to be a qualified elector of Lincoln County. Section 21-23-3 generally requires city judges in cities of 10,000+ to…
Can a Mississippi city forgive part of a cleanup assessment when the cost to clean up exceeds what the property is worth?
The AG concluded that cleanup assessments imposed under Section 21-19-11 are property liens that a Mississippi municipality cannot reduce, waive, or postpone, even when the cost exceeds the property's…
Does South Carolina's six-week paid parental leave for state employees and teachers cover a stillbirth?
Probably yes. The AG concluded that a court would likely read the word 'birth' in §§ 8-11-150 and 8-11-151 to include stillbirths, but warned the statutes do not say so explicitly and recommended that…
When a federal agency like DCSA or DoD asks a South Carolina sheriff or court for someone's arrest history for a security clearance, do they have to provide it?
Yes. Under 5 U.S.C. § 9101, every state and local criminal justice agency in South Carolina (police departments, sheriffs, courts, county CJAs) must release criminal history records to a covered feder…
Can the membership on a Mississippi joint airport board be adjusted when one owner has been paying double the cost?
Yes. The 2021 opinion concluded that the statutes governing joint airport boards (Sections 61-5-33 to 61-5-41) permit revision and amendment of the joint agreement, including the number of board membe…
Can a Mississippi special-charter city's board of mayor and selectmen remove school board trustees mid-term or change school board term lengths by ordinance?
No on both counts. The 2021 opinion concluded that the City of McComb's Board of Mayor and Selectman cannot remove a school board trustee mid-term and cannot adopt an ordinance conflicting with state-…
When a Mississippi statute says "latest available federal census," do you use the prior official census or the new one's preliminary numbers?
The 2021 opinion concluded that until the 2020 census numbers became finalized and official, the official 2010 census numbers were the "latest available federal census" for Section 21-23-3 (governing …
Can a South Carolina county council withhold an elected sheriff's salary while he is on extended leave?
Yes. South Carolina law gives no constitutional officer authority to take a leave of absence. A sheriff or other elected county officer who stops performing the duties is effectively refusing the job,…
Can a Mississippi pretrial detainee held in their home county vote absentee on the disability excuse?
Only if they actually have a temporary or permanent physical disability. Detention itself is not a disability under § 23-15-713(d). Whether a particular elector qualifies is a case-by-case determinati…
In West Virginia, can a local county health officer issue a binding mask requirement or other public-health rule on his own, or does it have to come from the local board of health?
It must come from the local board of health, not the health officer alone. The AG concluded that under W. Va. Code §§ 16-2-11 and 16-3-2, only a local board of health (not its individual executive off…
Can a Mississippi county board of supervisors shrink, dissolve, or audit the trustees running a county hospital?
The 2020 opinion concluded a Mississippi board of supervisors could (1) decline to fill an at-large hospital trustee vacancy, letting the trustee board operate with six members until it could shrink t…
Can a Mississippi county tax assessor send employees home with pay during COVID without the Board of Supervisors' approval?
The AG concluded that under Executive Order 1460 and H.B. 1647 (2020), only county boards of supervisors, municipal governing authorities, and local school boards could grant administrative leave with…
Can a Mississippi municipal court expunge a first-offense drug-related DUI?
The AG concluded that a Mississippi municipal court could expunge a first-offense drug-related DUI that had been nonadjudicated under Section 63-11-30(14), but could not expunge any DUI conviction. Co…
Can a Mississippi municipal court start its own veterans treatment court for misdemeanor cases?
The AG concluded that the Greenwood Municipal Court could not create a municipal veterans misdemeanor treatment court. Only the Mississippi Legislature can establish inferior courts, and the Legislatu…
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 …
Can the West Virginia Division of Justice and Community Services do the day-to-day staff work, like data collection, reporting, and monitoring, for the Community Corrections Subcommittee?
Yes. The AG concluded that the Division of Justice and Community Services (DJCS) is not only authorized but obligated by statute to provide staff support to the Community Corrections Subcommittee. Sec…
Does Oklahoma's 2020 nursing law (SB 801) and the Governor's federal Medicare opt-out letter let certified registered nurse anesthetists (CRNAs) practice independently of physicians?
No to independence, but yes to a relaxed standard. Oklahoma's Nursing Act, as amended by SB 801, replaced 'supervision' with 'collaboration.' A CRNA still must operate under a written collaboration ag…
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 …
What does it mean that the Mississippi Civil Rights Education Commission is assigned to the Secretary of State 'for administrative purposes only'?
The Mississippi Secretary of State assists the Civil Rights Education Commission with managing activities and organizational tasks. The SOS has no statutory funding obligation, no authority over the C…
When a South Carolina probate court commits a child under 16 to a mental institution, can the state withhold that record from the federal NICS background check system since the federal firearms ban only applies at age 16 and up?
No. § 23-31-1020 requires probate courts to forward every mental adjudication and commitment order to SLED, and SLED to forward all of them to NICS, with no age carve-out. SLED has no statutory discre…
Can the Connecticut General Assembly change its own budget process by passing a new law instead of following the procedure already in the statutes?
Yes. The General Assembly is free to alter its own budgeting procedure by ordinary legislation. House Bill 5523 (Public Act 24-81) lawfully superseded the parts of Conn. Gen. Stat. § 2-35 it conflicte…
Can a combined local board of health (Wetzel-Tyler) buy land and build a new health-department facility, or does the county commission have to own the property?
The local board of health may itself acquire and hold real property and construct a new facility, so a county commission does not have to own it. If the Wetzel and Tyler County Commissions choose to b…
Can a West Virginia county pay EMS salary-supplementation funds to part-time and temporary EMTs, and to EMTs who already get a supplement from a different county?
Yes to both. The Emergency Medical Services Salary Enhancement Fund (W. Va. Code § 16-4C-25) and its 2024 legislative rules apply to any certified EMT or paramedic who answers at least ten 911 calls i…
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 my child goes to a private school outside of South Carolina, can he or she play on a South Carolina public high school sports team under the state's 'Tim Tebow' athletic-access proviso?
No. Proviso 1.112 of the 2025-2026 SC budget only opens public school interscholastic athletic programs to students who attend independent schools located in South Carolina. The proviso's chapeau says…
Can a Virginia deputy sheriff also sit on the county board of supervisors at the same time?
Yes. Virginia's dual office-holding rules in Article VII, § 6 of the state constitution and Va. Code § 15.2-1534(A) only forbid simultaneous service in offices that are expressly listed in Article VII…
Can a sheriff's deputy who also moonlights as a town police officer write a town traffic ticket while on duty as deputy sheriff?
No. A sheriff's deputy on duty as deputy sheriff has no authority to issue a municipal traffic citation returnable to municipal court, even if the same person also moonlights as a town police officer.…
Can a Mississippi town deed homes to long-time residents to make up for Community Block Grant houses that were promised but never built?
Generally no. A Mississippi municipality cannot deed municipally-owned property to individual citizens because that is an unlawful donation. The narrow exception is § 43-35-503: if the Town of Gunniso…
How does a Mississippi joint airport board dispose of abandoned personal property left at the airport?
A Mississippi joint airport board created under § 61-5-37 can dispose of abandoned personal property using the county procedure (§ 19-3-85) or the city procedure (§ 21-39-21), unless the joint agreeme…
Can a Mississippi county make all employees take their paychecks by direct deposit?
No. A Mississippi county can offer direct deposit, and may pay an employee electronically once the employee agrees, but it cannot make direct deposit mandatory for all county employees. Mandatory dire…
In Mississippi, do you have to get a community mental-health screening before filing a commitment affidavit?
No. A relative or interested person can file an affidavit with the chancery clerk first. After the chancellor directs, the sheriff transports the person to a community mental health center for the pre…
Can a state-chartered credit union in Oklahoma get the federal 'low-income credit union' designation, or is that reserved for federal credit unions?
Yes. Both Oklahoma and federal law allow it. Oklahoma's 'parity provision' (6 O.S. § 2023) lets federally insured state credit unions exercise 'any of the powers' of federal credit unions unless prohi…
Can a West Virginia county collect its emergency ambulance service fee from people who live in public housing, even though the housing project itself is tax-exempt?
Yes. The fee under W. Va. Code § 7-15-17 is a user fee on people, not a property tax. Public housing residents are 'users' of emergency ambulance services and may be charged. The state housing law's t…
Can a Mississippi public school district bus non-district students to a special STEM program?
Yes, conditionally. If the school board determines a program is a 'special or alternative program' under § 37-41-3, the district may transport non-district students, provided no additional public fund…
Can a Mississippi county dispose of a public park, give credit for past church donations, or contract with a church to operate it?
A Mississippi county may sell, lease, or convey a public park if its board finds the park is no longer used for county purposes and follows Section 19-7-3's bid process. The county may also contract w…
If a re-elected Mississippi alderman was never sworn in for the new term, are the votes still valid?
Assuming the city's special charter is silent, the alderman is a de facto officer at minimum, and Section 25-1-37 makes the official acts of de facto officers valid and binding. Mississippi law expect…
Can a Mississippi city repair a drainage ditch on private property to fix flooding and erosion?
Yes. Section 21-19-13(2) authorizes a Mississippi municipality to provide labor, materials, and supplies to clean drainage ditches and prevent erosion on public or private property, after the city mak…
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…
Does an Illinois state employee lose his pension if he is convicted of a felony committed against someone in his agency's custody?
Yes. Attorney General Lisa Madigan concluded that a former Department of Human Services forensic psychologist forfeited his State Employees' Retirement System pension after pleading guilty to sexual m…
If a Virginia primary candidate withdraws after their name appears on the primary ballot and absentee voting has begun, are they barred by the 'sore loser' law from running as an independent in the general election?
No. Section 24.2-520 keeps the names of candidates who are 'defeated in the primary' off the general election ballot. The AG concludes that 'defeated' means losing on the basis of votes cast while sti…
Can a Mississippi city and county jointly pave roads using the county's existing paving contractor without violating purchasing laws?
Yes. The Mississippi Interlocal Cooperation Act (§§ 17-13-1 et seq.) lets a city and county act jointly through a lawful interlocal agreement, including for road paving, even though a city cannot dire…
In a Mississippi mayor-council city, who controls and evaluates the civil service commission's secretary, the mayor or the commission?
For commission work, the civil service commission controls. The commission appoints the secretary under § 21-31-7, can suspend or discharge them under the same procedure used for commissioners under §…
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