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.
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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…
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…
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…
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…
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…
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…
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 …
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 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…
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…
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…
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…
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 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…
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…
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…
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…
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 …
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…
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…
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) …
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 …
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…
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…
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 …
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…
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…
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 …
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,…
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 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…
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…
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 …
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…
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…
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.…
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…
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…
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'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…
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…
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…
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…
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…
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…
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…
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,…
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…
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…
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…
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…
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…
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…
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 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…
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…
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…
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…
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…
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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.