Mississippi Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Mississippi, with full citations and the original source on every page.
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Can lottery ticket courier services like Jackpocket legally operate in Mississippi?
No. Mississippi's lottery law (the Alyce G. Clarke Mississippi Lottery Law) does not authorize lottery ticket courier services. Only certified lottery retailers can sell tickets to the public, and § 2…
If a Mississippi county failed to pay a school district its share of taxes for years, how far back can the school district claim the unpaid taxes?
There is no time limit. Section 104 of the Mississippi Constitution says statutes of limitation do not run against the state or its political subdivisions. So if Lauderdale County actually owes back-d…
Can the Mississippi Development Authority sell, auction, or donate state property in Columbus below appraised fair market value?
No, MDA cannot sell, auction, or negotiate the property below the average of two appraisals. SB 2810 Section 1(3) is mandatory. The property may be sold 'in whole or in part,' so MDA could sell a port…
Can a Mississippi county pay a 14-year-old back-tax claim from a city, or does the three-year statute of limitations bar it?
Yes, the County can pay the back claim. Section 104 of the Mississippi Constitution provides that statutes of limitation do not run against the state or any political subdivision. The Mississippi Supr…
Can a Mississippi city create a revitalization district where buildings are exempt from some or all of the city's building code?
Generally no. Miss. Code Ann. § 17-2-4(1) makes the State Uniform Construction Code mandatory, and § 17-2-4(3) gave cities only a 120-day window from August 1, 2014, to opt out. The opinion says that …
Can a Mississippi town use hotel and restaurant tax money raised for tourism to mow and maintain a public cemetery?
It depends on the town's factual finding. Senate Bill 2998 authorized Sardis to collect a tourism tax 'for the enhancement of tourism and for the provision of parks and recreational facilities.' Wheth…
Can the Mississippi Department of Agriculture spend private gifts and naming-rights money on improvements to its property and the Mississippi Agriculture and Forestry Museum?
Yes, with one statutory limit. Under Miss. Code Ann. § 69-1-48, the Mississippi Department of Agriculture and Commerce can accept private funds for departmental property improvements and marketing, an…
Can someone serve on a Mississippi community college board of trustees and also be a sheriff at the same time?
Yes. A sheriff and a community college trustee both serve in the executive branch of Mississippi government. The separation of powers doctrine bars dual service only across branches, not within the sa…
Can a Mississippi county supervisor also serve as executive director of the Pat Harrison Waterway District?
Maybe, but probably not. A county supervisor exercises 'core powers' within the judicial branch under Mississippi separation of powers doctrine. The Pat Harrison Waterway District is an executive-bran…
Can a Mississippi city donate cash to a local cancer-awareness nonprofit foundation?
Conditionally yes, but only as matching funds. Under Miss. Code Ann. § 21-17-1(8), a Mississippi city may use municipal funds to match state, federal, or private funding for any program run by a 501(c…
Can a Mississippi county board of supervisors retroactively raise a county court judge's salary for a previous year if it failed to do so at the time?
No. As long as the salary already met the statutory minimum for that year, the Board cannot retroactively increase it. Section 96 of the Mississippi Constitution prohibits extra compensation after ser…
Can a Mississippi board of supervisors raise its salary based on a higher valuation tier and ALSO take the $2,000 boost in the same fiscal year?
No. If a board of supervisors approves a salary increase under Miss. Code Ann. § 25-3-13(2) effective during a fiscal year, board members 'are not eligible for any additional salary increases for that…
Can a Mississippi city give a certified farmers' market free use of a city-owned parking lot, instead of charging rent?
Yes. Miss. Code Ann. § 21-19-69 allows a Mississippi municipality to donate funds to a certified farmers' market operating in the city, up to the equivalent of a one-fourth (¼) mill ad valorem tax on …
When a Mississippi rural water association tears up a paved county road to fix a water line underneath, who pays to repair the road?
Rural water associations may access their water lines under county roads, but Miss. Code Ann. § 11-27-47 makes them responsible for any damage they cause. The county cannot pay for that damage but may…
Can a Mississippi community college let an elected official use its facilities for free to host a college and career fair?
Yes. Mississippi community college boards of trustees have broad authority over the operation of the college under Miss. Code Ann. § 37-29-67. The board may, in its discretion, allow an elected offici…
If a Mississippi city's only bidder on a road project comes in over budget by more than 10%, can the city negotiate the price down?
No. Miss. Code Ann. § 31-7-13(d)(iv) only allows negotiation with the lowest bidder if the bid is not more than ten percent above the funds allocated for the project. The Mississippi Supreme Court con…
Can a Mississippi city pay back a homeowners' association that mistakenly paid electric bills for a sewer pump station the city actually owns?
Yes, if the city makes the right factual findings. A Mississippi municipality can pay a settlement under Miss. Code Ann. § 25-1-47 if the claim is bona fide and just and the municipality determines it…
If a Mississippi county finds out it has been underpaying its justice court judges for years, how far back can it go to make them whole?
Three years generally. Mississippi's three-year statute of limitations under Miss. Code Ann. § 15-1-49 applies to unpaid-compensation claims against a county. The clock starts when the plaintiff first…
Can a Mississippi school district hire a contractor whose brother is the district's business manager?
Yes, but watch the conflict-of-interest rules. Mississippi's general nepotism statute (§ 25-1-53) is not violated because the contractor's position (concrete work) is not a 'prohibited position' under…
In Mississippi, does a misdemeanor traffic ticket need a separate general affidavit to start a criminal case, or is the ticket itself enough?
A traffic ticket is enough. Mississippi law treats a sworn traffic ticket as a 'sworn affidavit' satisfying § 21-23-7(1)'s requirement that criminal proceedings be brought by sworn complaint. The Miss…
Can Mississippi voters use electronic signatures on a written protest against a municipal bond, or do they have to sign by hand?
No. Electronic signatures cannot be used on the written protest required by Miss. Code Ann. § 21-33-307 to force a bond election. § 1-3-61 generally requires handwritten signatures unless another stat…
When a Mississippi alderman buys a house outside their district, do they automatically lose their seat, or can they stay until they change their homestead exemption?
An alderman vacates the office when they abandon their municipal residence for another residence outside the district with no intent to return. Just buying a home outside the district doesn't automati…
Can a Mississippi city repave a street with public money and then close the street so a private business gets the property?
No. A Mississippi city cannot expend public funds to improve a street and then vacate it so the property reverts to a private landowner. That sequence converts the public expenditure into a benefit fo…
Can a Mississippi county refuse to contract with a company owned by someone who has been convicted of embezzling public funds?
No. Miss. Code Ann. § 25-1-113 prohibits Mississippi state and local governments from employing a person convicted of certain felonies involving public funds. It does not extend to contracts with corp…
In Mississippi, do state legislators and other state district officers face a runoff election if no candidate gets a majority, or does that rule only apply to statewide officers?
Only statewide elected officials. The phrase 'the state officers' in Miss. Code Ann. § 23-15-193 refers to the eight statewide offices in Section 140 of the Mississippi Constitution: Governor, Lieuten…
Can a Mississippi sheriff accept an electronic bail bond, or do bail bonds count as 'court documents' that require a paper signature?
A bail bond is a 'court document' under Miss. Code Ann. § 9-1-51(e). The Uniform Electronic Transactions Act expressly does not apply to court documents executed in connection with court proceedings, …
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 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 §…
Can a Mississippi city give its share of jointly owned surplus property to the county for free so the county can pass it to a nonprofit?
Not as a donation. Mississippi cities are generally prohibited from donating real property without statutory authority. The only practical path here is for Batesville's governing authority to make a f…
Can a Mississippi city's board of aldermen reverse an earlier ordinance making the police chief an appointed position and switch back to electing the chief?
Yes. Under Miss. Code Ann. § 21-3-3 and §§ 21-13-1 et seq., a code charter municipality has full authority to pass, amend, or repeal ordinances. Brookhaven's Board of Aldermen can amend, repeal, or re…
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…
Does Mississippi's Department of Mental Health have to certify any county jail or county hospital that holds someone awaiting transfer to a state mental health facility?
Yes. Mississippi's Department of Mental Health (DMH) is required to certify any county facility (including jails and hospitals) actually used to house, maintain, and provide medical treatment for invo…
Can a Mississippi county use Emergency Road and Bridge Repair grant money to pay off a loan it took out for the bridge project before the grant was awarded?
It depends on timing. Yalobusha County can use Emergency Road and Bridge Repair (ERBR) grant funds to make payments on its bridge-project note that come due after the grant award, treating each paymen…
Can the West Bolivar Consolidated School District board move its central office from Rosedale to Benoit without going back to the Mississippi Legislature?
No. Miss. Code Ann. § 37-7-104.1(1) requires the West Bolivar Consolidated School District's central administrative office to be located in Rosedale, Mississippi. Neither the full office nor any part …
Can a Mississippi city's fire chief temporarily close a fire station and reassign firefighters when there isn't enough staff, or does the mayor have to approve each closure?
Yes, with the right ordinance. Under Miss. Code Ann. § 21-25-3(1), a Mississippi city can pass an ordinance giving its fire chief authority to temporarily close a station and reassign firefighters whe…
When a Mississippi town cleans up junk on private property, can it haul off dilapidated vehicles and sell them, or does it have to throw them away?
Yes, dilapidated vehicles count as 'personal property' a Mississippi town can remove during a § 21-19-11 cleanup. But the town cannot just sell them under the lost-property statute. To sell or dispose…
Can a Mississippi convention and visitors bureau pay a nonprofit foundation to operate a tourism welcome center?
Yes. The Columbus-Lowndes Convention and Visitors Bureau, created by 2011 House Bill 1552, may provide funding to the Columbus Cultural Heritage Foundation for the operation of the Tennessee Williams …
Does a Mississippi YMCA or Boys and Girls Club lose its child care licensing exemption if it accepts payment from the state's Child Care Payment Program?
If a YMCA, Boys and Girls Club, or similar national-affiliate organization receives 'monthly, weekly or daily payments' from a subsidy program like Mississippi's Child Care Payment Program, it doesn't…
Can a Mississippi county fix a 2020 tax bill mistakenly assessed against a nonprofit that should have been exempt, and void the resulting tax sale?
The board's power to amend a wrongly assessed nonprofit tax under Section 27-35-143(1) is bounded by the last Monday in August following the assessment year, and that window has closed. The board may,…
Can a Mississippi poll worker stop a candidate or supporter from using a bullhorn near a polling place, even if the person stays outside the 150-foot buffer zone?
Yes. The poll manager designated as election bailiff has authority under § 23-15-241 to stop the use of a bullhorn or other amplifier (with police help if needed) when it creates a disturbance, an imp…
Can a Mississippi Public Service Commissioner accept a campaign contribution from a lawyer or lobbyist whose firm represents a utility regulated by the PSC?
Mississippi's Section 77-1-11 prohibits a PSC commissioner, candidate, or employee from knowingly accepting a campaign contribution from anyone interested as owner, agent, or representative of a regul…
Can a Mississippi city return private donations made for a specific purpose if the project doesn't happen?
Yes, in limited circumstances. A Mississippi municipality that received donations for a specific restricted purpose may return the funds if it cannot or will not carry out that purpose. The AG refers …
If a complaining party drops misdemeanor charges in a Mississippi justice court, who pays the drop-charge fee and the court costs?
A Mississippi justice court can impose a fee of up to $50 when a misdemeanor charge is dropped or dismissed, and can assess court costs in petty misdemeanor cases that are dismissed at the request of …
Is a Mississippi mayor's written veto of a city council action a public record, and can the public see it?
Yes. A Mississippi mayor's written veto is a public record under the Public Records Act of 1983 from the moment it meets the statutory definition (used or possessed for public business). It doesn't ha…
What counts as a 'disability' that allows a Mississippi voter to get help at the polls?
Section 23-15-549 doesn't define 'disability,' so the Mississippi AG applies the common dictionary meaning. A voter has a 'disability' that qualifies them for assistance if a physical, mental, cogniti…
Can a Mississippi school district use activity funds to buy MHSAA athletic passes for chaperone employees?
Yes, if the school district determines the passes are necessary expenses or travel costs for chaperones to attend a school-related program beneficial to official or extracurricular programs. Activity …
Did SB 2647 strip the Mississippi Real Estate Commission of its power to discipline licensees who violate Section 73-35-21?
No. The new Section 73-35-21(6), added by SB 2647 in 2023, limits the Mississippi Real Estate Commission's rulemaking and administrative interpretation, but does not repeal its power to refuse, revoke…
When a Mississippi mayor-council city redistricts after the census, do the new ward lines take effect right away or wait until the next election?
If census data is published six months or more before the first municipal party primary, the reapportioned wards become the basis for representation effective immediately upon council adoption. Only i…
When a Mississippi school attendance officer files a truancy petition, which courts can hear the case?
Youth courts have exclusive original jurisdiction over child-neglect matters, so a truancy petition can go there. For prosecution of the parent or guardian under Section 97-5-39 (contributing to negle…
When a Mississippi bill stages two amendments with different effective dates, do the other unrelated subsections also wait?
The January 1, 2024 effective date in the second amendment to Section 23-15-227(1) in SB 2353 applies only to that amendment. Sections 1(2), (3), (4), and (5) of SB 2353, which addressed other poll-ma…
Does a Mississippi statute's title affect what the statute means if the body of the statute is unambiguous?
The title of a Mississippi statute does not control its meaning unless the text is ambiguous. Senate Bill 2077's title mentions 'cash basis measurement only,' but the actual statutory text of Section …
Can a Mississippi regional utility authority pay membership dues to join a local chamber of commerce?
No. The local and private legislation creating the DeSoto County Regional Utility Authority doesn't authorize it to pay membership dues to join a local chamber of commerce. Counties and municipalities…
If a Mississippi county employee made an unauthorized purchase, can the county itself go to court to get permission to pay the vendor?
No. Mississippi law does not authorize a county to petition a court for permission to pay an unauthorized invoice or to initiate a lawsuit to correct its own purchasing failure. The vendor must file a…
Can a Mississippi prosecutor combine three shoplifting visits to the same store into one felony shoplifting charge under Section 97-23-93(9)?
Under the version of Section 97-23-93(9) in effect before July 1, 2023, a prosecutor could not combine three visits to the same Mississippi store into one felony shoplifting charge; the aggregation pr…
Can a Mississippi city allow four-wheelers, side-by-sides, and golf carts in a parade on city streets?
A Mississippi municipality may, by ordinance, allow golf carts and low-speed vehicles to participate in parades on city streets. But under Section 63-31-3(6), there is no statutory authority for off-r…
When can a Mississippi city pay to maintain a sewer grinder pump that sits on a homeowner's private property?
A municipality may install and maintain a grinder pump on private property only if the city makes a factual finding that the pump is necessary for the municipal sewer system to function (not solely fo…
Can a registered sex offender in Mississippi live within 500 feet of a public beach, and does the 3,000-foot rule for playgrounds apply to beaches?
A registered sex offender who wishes to reside less than 500 feet from a public beach in Mississippi must get advance approval from the Director of the Department of Public Safety Sex Offender Registr…
Can a Mississippi community college lease its land to a solar or wind energy company for a renewable energy project?
Yes. The word 'facilities' in Section 37-29-135 includes renewable energy facilities under the statute's plain-meaning test. A Mississippi community college's board of trustees may lease land or build…
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Attorney general opinions in Mississippi are written by the Mississippi 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.