Kentucky Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Kentucky, with full citations and the original source on every page.
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After Kentucky's HB 314, does the KCNA Board still run the state broadband authority or is it just advisory?
The Board is still the governing body, not a mere advisory group. The Attorney General concluded that HB 314 left KRS 154.15-030(3) untouched, so the Kentucky Communications Network Authority Board ke…
When do laws passed in Kentucky's 2026 legislative session take effect?
Most legislation passed in the 2026 Regular Session takes effect on Wednesday, July 15, 2026. Under Section 55 of the Kentucky Constitution, a non-emergency act becomes law 90 days after the legislatu…
Does a Kentucky farmland owner have to live on the land to hunt or fish there without a license?
No. The Attorney General concluded that a bona fide owner of Kentucky farmland who is a resident of the Commonwealth does not have to live on the farmland to qualify for the hunting and fishing licens…
Can a Kentucky public agency stop a citizen from live-streaming a public meeting on their cell phone?
No. The Attorney General concluded that the Open Meetings Act does not let a public agency prevent a member of the public from live-streaming its meeting on a cell phone, as long as the person is non-…
Can Kentucky's optometry board accept out-of-country exam scores, and could it waive licensing requirements without a regulation?
The Attorney General reached a two-part answer. First, the Kentucky Board of Optometric Examiners acted within its authority when it amended its regulation (201 KAR 5:010) to accept exam scores from t…
Does a Kentucky school board have to approve a released-time moral instruction program, and what rules apply?
The Attorney General concluded that under KRS 158.200, as rewritten in 2025, a local school board is not required to approve a moral-instruction (released-time) program, but it cannot deny one arbitra…
Can Kentucky enforce its PBM anti-steering law, or does federal ERISA override it, and does it reach out-of-state PBMs?
The Attorney General concluded that the anti-steering provisions in Section 4 of Senate Bill 188 are likely enforceable and not preempted by ERISA, relying on the U.S. Supreme Court's 2020 Rutledge de…
Does a data center count as an 'industrial building' under Kentucky law so it can be financed with industrial revenue bonds?
Yes. The Attorney General concluded that a data processing center qualifies as an 'industrial building' under KRS 103.200(1)(a) and (b), because it processes data (a commercial product) and can be vie…
Under Kentucky's Senate Bill 181, how can public school teachers and volunteers text or message students, and what are the limits?
Senate Bill 181 (KRS 160.145) requires every Kentucky public school district to designate a 'traceable communication system' as the only way its employees and volunteers may electronically communicate…
Can the same person serve as a deputy sheriff in two different Kentucky counties at the same time?
Yes. The Attorney General concluded that neither Section 165 of the Kentucky Constitution, nor KRS 61.080, nor the common-law doctrine of incompatible offices prohibits one person from holding the off…
Is a Kentucky school board's vote to raise the occupational license tax valid if the board didn't give the required public notice first?
No. The Attorney General concluded that the Fayette County School Board's May 27, 2025 vote to raise the occupational license tax was unlawful and void because the board did not publish the one-week p…
Can a Kentucky county pay first-time homebuyer grants or forgivable loans to its own employees?
Yes. The Attorney General concluded that a fiscal court may set up a program that helps county employees buy a first home, through a grant or forgivable loan, as long as it is structured as part of th…
When do laws passed in Kentucky's 2025 Regular Session take effect?
June 27, 2025. The Attorney General concluded that, under Section 55 of the Kentucky Constitution, most legislation from the 2025 Regular Session takes effect on Friday, June 27, 2025, which is when 9…
Can an EPIC board member who works for a coal company sit on the executive committee if the employer sells coal to utilities?
Yes. The Attorney General concluded that a coal-producer's employee on the EPIC board may serve on the executive committee, as long as that individual personally has no current employment, contractual…
Can Kentucky game wardens enforce Kentucky's fishing, hunting, and boating laws across the whole width of the Ohio River, into Ohio, Indiana, or Illinois waters?
No, not under current law. The Attorney General concluded that Kentucky's fish, game, and boating laws apply only within Kentucky's borders, which on the Ohio River means south of the low-water line o…
Can Kentucky put a Ten Commandments monument back on the Capitol grounds and require the Ten Commandments in public school classrooms?
Likely yes, with conditions. The Attorney General concluded that restoring a passive Ten Commandments monument to the Capitol grounds likely would not violate the Establishment Clause, and that the Ge…
Does Kentucky's workforce-board statute (KRS 151B.290) conflict with federal law, so the Governor can refuse to implement it?
No. The Attorney General concluded that no provision of KRS 151B.290 conflicts with the federal Workforce Innovation and Opportunity Act or the Wagner-Peyser Act. The duties the statute gives local wo…
Does Kentucky's Planned Community Act cover mixed residential/commercial HOAs, and can an HOA fine members if its documents don't allow fines?
The Attorney General reached a two-part answer. First, Kentucky's Planned Community Act applies to an association governing a community that has both residential and non-residential lots, as long as t…
Can the Kentucky Board of Pharmacy require every out-of-state pharmacist who fills prescriptions for Kentuckians to get a Kentucky license?
No. The Attorney General concluded that the Kentucky Board of Pharmacy lacks authority to regulate non-resident pharmacists beyond what KRS Chapter 315 specifically provides, and may not require every…
In Kentucky, who decides whether a procedure like the Durysta eye implant is within an optometrist's scope of practice?
The Attorney General concluded that the Kentucky Board of Optometric Examiners (KBOE) has the sole statutory authority to determine what constitutes the practice of optometry, so an insurer or Medicar…
Is a Kentucky Commonwealth detective a 'state officer' who can't also hold a city or county office?
No. The Attorney General concluded that a Commonwealth detective appointed under KRS 69.110 is a state employee, not a state officer, so the rule in Section 165 of the Kentucky Constitution and KRS 61…
Can Kentucky Fish and Wildlife euthanize a seized animal before a trial, or destroy a wild animal that bit someone to test it for rabies?
Two answers. The Attorney General concluded that the Department of Fish and Wildlife Resources generally may not euthanize an animal it has seized as criminal evidence until after a conviction and a c…
Can a Kentucky city or tax commission publish a list of businesses that are behind on occupational taxes, including how much they owe?
Partly. The Attorney General concluded that KRS 424.330 and KRS 424.130, the statutes about publishing delinquent taxes, do not cover occupational taxes; they apply to city ad valorem property taxes. …
Can the Kentucky Governor use a line-item veto on a tax bill, or only on appropriation bills?
The Attorney General concluded that Governor Beshear's two line-item vetoes of 2024 House Bill 8 were invalid because the line-item veto power in Section 88 of the Kentucky Constitution reaches only a…
In Kentucky, can someone on home incarceration be arrested for escape if they leave home without permission or cut off their ankle monitor?
Yes, with limits. The Attorney General concluded that a person on home incarceration who leaves without permission, or who removes or disables a required ankle monitor, can be arrested without a warra…
When did bills passed in Kentucky's 2024 legislative session take effect?
Most bills from Kentucky's 2024 Regular Session took effect Monday, July 15, 2024. Under Section 55 of the Kentucky Constitution, ordinary legislation becomes law 90 days after the session adjourns. T…
In a Kentucky county, who appoints the deputy judge/executive and who is responsible for publishing legal notices of fiscal court business?
The Attorney General concluded that a county judge/executive has unilateral authority to appoint a deputy who serves at his or her pleasure, while the fiscal court decides how many other assistants th…
Can a Kentucky riverport authority give public land to a company in exchange for job promises, with the land reverting if the jobs don't materialize?
Not on those terms. The Attorney General concluded that the Greenup-Boyd County Riverport Authority's proposed deal, conveying land to a private company whose only payment is a promise to create jobs …
Can a Kentucky state agency define 'underrepresented minority' purely by race and tie university funding to race-based enrollment targets?
No. The Attorney General concluded that the Council on Postsecondary Education's race-only definition of 'underrepresented minority,' which forces public colleges to hit race-based enrollment and grad…
Do Kentucky counties have to give half of their own opioid settlements to the state opioid abatement commission?
Yes. The Attorney General concluded that KRS 15.293(3)(a) requires 50 percent of the proceeds from any settlement, judgment, or bankruptcy against the named opioid defendants to go to the Kentucky Opi…
Do Kentucky's polling-place rules for tax-funded buildings apply to early no-excuse absentee voting sites?
No. The Attorney General concluded that the term 'voting places' in KRS 117.065(2), which lets county election boards use tax-funded buildings like schools as polling places, applies only to election-…
Can a Kentucky county pull out of a joint planning unit with its cities, and then plan on its own?
Yes, with a catch. The Attorney General concluded a Kentucky county can unilaterally withdraw from a joint planning unit established under KRS 100.121, generally by repealing the ordinance that create…
Can a Kentucky agency email a hearing officer's recommended order to the parties instead of mailing it?
Only with the party's consent. The Attorney General read KRS 13B.110(4) to require a hearing officer's recommended order in an administrative case to be served on the parties by U.S. Mail, because in …
Can the Finance Cabinet make Kentucky's Fish and Wildlife department get three vendor quotes before using a statewide contract?
No to the first, and the agency has its own cap on the second. The Attorney General concluded the Finance and Administration Cabinet cannot require the Department of Fish and Wildlife to obtain three …
Is Kentucky's race-restricted Governor's Minority Management Trainee Program legal after the Supreme Court's 2023 affirmative-action ruling?
No, in the Attorney General's view. The opinion concluded that the Governor's Minority Management Trainee Program, which limits eligibility to employees of certain races, discriminates on the basis of…
Can Kentucky's Department of Fish and Wildlife lease out its own land on its own, without the Finance Cabinet?
No. The Attorney General concluded that the procurement authority the legislature gave the Department of Fish and Wildlife in 2022 and 2023 covers acquiring property, not leasing out land the Departme…
Does Kentucky's Senate Bill 150 let schools pick which curriculum restriction to follow, and does following it violate Title IX?
No to both. The Attorney General concluded that Senate Bill 150's 'or' should be read as 'and,' so a school district must obey both restrictions: no human-sexuality or STD instruction for grades 5 and…
When did bills passed in Kentucky's 2023 legislative session take effect?
Most bills from Kentucky's 2023 Regular Session took effect Thursday, June 29, 2023. Under Section 55 of the Kentucky Constitution, ordinary legislation becomes law 90 days after the session adjourns.…
Can a Kentucky school board expel a student for longer than one year?
Yes. The Attorney General concluded that neither KRS 158.150 nor the Kentucky Constitution limits a student expulsion to a maximum of one year. The widely followed 'one-year rule' came from a misreadi…
Do Kentucky criminal justice agencies have to give criminal history records to federal agencies doing security background checks?
Yes, with one condition. The Attorney General concluded that under the federal statute 5 U.S.C. § 9101, Kentucky criminal justice agencies must provide criminal history record information to a 'covere…
Can a Kentucky county pay to build and maintain pedestrian swinging bridges with public money?
Yes, with one limit. The Attorney General concluded that a fiscal court may spend public funds to build and maintain pedestrian swinging bridges within the county, because KRS 67.083 lets counties fun…
Can investment managers for Kentucky public pensions use ESG or stakeholder-capitalism strategies under their fiduciary duties?
No, in the Attorney General's view. The opinion concluded that 'stakeholder capitalism' and 'environmental, social, and governance' (ESG) investment practices, which bring mixed motives into investmen…
When did laws passed in Kentucky's 2022 regular legislative session take effect?
July 14, 2022. The Attorney General concluded that, under Section 55 of the Kentucky Constitution, legislation passed during the 2022 Regular Session, other than general appropriation bills and acts w…
Can a Kentucky watershed conservancy district base its assessment on the value of buildings, not just the land?
Yes. The Attorney General concluded that a watershed conservancy district under KRS Chapter 262 may levy its annual assessment in one of two ways: by a millage rate on the value of the real property, …
Can the same person serve as a Kentucky city commissioner and on a county waste management district board at the same time?
Yes. The Attorney General concluded that, on the facts presented, serving as a Parkway Village city commissioner is not incompatible with serving as a director on a county waste management district bo…
Can a Kentucky county clerk reject a candidate's filing papers if they didn't also turn in the campaign treasurer form?
No. The Attorney General concluded that a county clerk may not reject a candidate's nomination papers simply because the candidate did not also file the Statement of Spending Intent and Appointment of…
Does a Kentucky fire district owe a firefighter paid military leave for days the firefighter wasn't scheduled to work?
Only for scheduled work days. The Attorney General concluded that KRS 61.394 and KRS 61.396 require a fire protection district to provide paid military leave only during a 'leave of absence' from prev…
Does a Kentucky water district have to follow call-before-you-dig rules when other utilities cross its easement?
It has to follow the rules. The Attorney General concluded that the exemption in KRS 367.4915(1), which excuses an operator digging on 'its own easement,' does not apply to the East Logan Water Distri…
Can a Kentucky urban-county government create a hotel-only special assessment district with non-adjacent properties?
Yes. The Attorney General concluded that the Lexington-Fayette Urban County Government may establish an industry-specific 'hotel only' management district under KRS 91.752, even if the hotels in the d…
Can a Kentucky utility employee buy a vehicle the utility used to lease from its contractor?
Generally yes, under the facts given. The Attorney General concluded that Paintsville Utilities Commission employees may buy vehicles a contractor formerly leased to the Commission. KRS 82.083's ban o…
Can a Kentucky city ban its employees from carrying guns at work?
Only narrowly. The Attorney General concluded that Kentucky law (KRS 65.870) broadly preempts local firearms regulation, so a city cannot bar its employees from carrying firearms 'at all times and pla…
Can a Kentucky sheriff spend donated money on a community event like a free movie night?
Yes. The Attorney General concluded that the Franklin County Sheriff's use of donated funds to host a free community movie night is a public purpose of the office under KRS 61.310(8). As long as the d…
Can a Kentucky district health department official also sit on the state retirement systems board?
Yes. The Attorney General concluded that serving as a public health department director (Wedco) or home health administrator (Green River) is not incompatible with serving on the Kentucky Retirement S…
Does a Kentucky fire protection district have to give firefighters paid military leave?
Yes. The Attorney General concluded that KRS 61.394 and KRS 61.396 require a fire protection district created under KRS Chapter 75 to provide paid military leave to firefighter employees who serve in …
Can a Kentucky school board member also serve on a water district board?
Yes. The Attorney General concluded that serving on a board of education is not incompatible with serving on a water district board created under KRS Chapter 74. A water district is a statutory politi…
Can a Kentucky water district commissioner also work as a county road foreman?
Yes, under the facts. The Attorney General concluded that serving as a Knott County Water District commissioner was not incompatible with working as a county road foreman. The foreman position is an '…
Can a Kentucky county magistrate also work as a city police officer?
Yes, under the facts. The Attorney General concluded that serving as a Breathitt County magistrate and working as a Beattyville police officer were not incompatible. The bar on holding a county office…
Does Kentucky require competitive bidding when a city hires an engineer to manage construction?
Yes, for construction management. The Attorney General concluded that under KRS 45A.380(3), the City of Ashland had to competitively bid to hire an engineer who would also provide construction managem…
When did laws passed in Kentucky's 2021 legislative session take effect?
June 29, 2021. The Attorney General concluded that, under Section 55 of the Kentucky Constitution, most legislation from the 2021 Regular Session became effective on Tuesday, June 29, 2021, because th…
Could a Kentucky circuit court clerk candidate appoint an election challenger?
No. The Attorney General concluded that a candidate for circuit court clerk could not designate an election challenger under KRS 117.315(2). That statute let candidates running on an independent or no…
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Attorney general opinions in Kentucky are written by the Kentucky 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.