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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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…
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…
Can a Kentucky city annex a strip of road or land because its utility lines run through it?
Yes, if the utility lines already exist. The Attorney General concluded that a city's existing gas, water, and sewer lines running through a corridor of land are a real, present municipal purpose…
Can a Kentucky county magistrate also serve as a certified court security officer?
No. The Attorney General concluded that a county magistrate and a certified court security officer are functionally incompatible under the common law, so one person may not hold both. A court…
Can a Kentucky sheriff use court security officers to transport newly arrested prisoners to jail?
Yes, under the facts. The Attorney General concluded that if the fiscal court has designated the Spencer County Sheriff as the prisoner transportation officer under KRS 441.510(4)(c), the sheriff…
Can a Kentucky mayor or council member take the oath of office over video?
Yes. The Attorney General concluded that the oath of office required by KRS 62.010 may be administered either in person or by virtual means. The statute is silent on how the oath must be given, and…
Is Kentucky's 100-foot electioneering ban measured from the polling place door or from the end of the line of voters?
From the entrance. The Attorney General concluded that Kentucky's 100-foot electioneering ban in KRS 117.235(3)(a) is measured from the entrance to the polling place, not from wherever the line of…
Can a Kentucky domestic relations commissioner also serve as an elected city commissioner?
Yes. The Attorney General concluded that serving as a domestic relations commissioner is not incompatible with holding the office of city commissioner. A domestic relations commissioner is treated…
Can a Kentucky city let restaurants keep the restaurant tax they collect instead of paying it to the tourist commission?
No. The Attorney General concluded that Harrodsburg's Resolution 2020-03-23(a), which told restaurants to keep the restaurant tax they collected for March and April 2020 instead of turning it over…
Could Kentucky order religious schools to close during COVID if they followed social distancing and hygiene guidelines?
No. The Attorney General concluded that during the COVID-19 emergency the Governor, the Cabinet for Health and Family Services, and other state and local officials could not order religiously…
Who hires the head of the Kentucky State Fair Board and the Fish and Wildlife commissioner, the board or the governor's cabinet?
The boards do. The Attorney General concluded that under KRS 247.130 the State Fair Board alone appoints its president and CEO and sets that person's compensation, and under KRS 150.061 the Fish and…
Can a Kentucky fiscal court refuse to pay the CPI raise for elected county officials?
No. The Attorney General concluded that the Fulton County Fiscal Court may not decline to pay the Consumer Price Index salary increase for its elected county officials. KRS 64.5275 requires the…
Did Kentucky's COVID order against utility shutoffs stop a water company from disconnecting a meter someone turned on without permission?
No. The Attorney General concluded that Louisville Water Company would not violate Governor Beshear's executive order suspending utility disconnections if it shut off a water meter that had been…
Is a Kentucky utility board member's resignation effective if the mayor refuses to accept it?
No. The Attorney General concluded that a member of the Glasgow Electric Plant Board who tendered his resignation remained on the board because the mayor refused to accept it and never appointed a…
When did laws passed in Kentucky's 2020 legislative session take effect?
July 15, 2020. The Attorney General concluded that, under Section 55 of the Kentucky Constitution, most legislation passed in the 2020 Regular Session took effect on Wednesday, July 15, 2020, ninety…
Did Executive Order 2020-178 validly remove two Kentucky Fish and Wildlife commissioners after Senate confirmation?
No. The Attorney General concluded that Executive Order 2020-178, which purported to rescind the appointments of Fish and Wildlife Commissioners Karl Clinard and Paul Horn, was void and without…
Can a Kentucky governor suspend election laws during a state of emergency, or only move the election date?
Only what the statute allows. The Attorney General concluded that during a declared emergency the Governor's election authority is not limited to merely moving the election date but does not extend…
During COVID-19, did a Kentucky public agency still have to provide a physical location for people to attend a video-teleconference meeting?
Not during the COVID-19 emergency. The Attorney General concluded that under KRS 61.840's 'insofar as is feasible' clause, the public health emergency made it not feasible to require a public agency…
Does a Kentucky utility regulation that deducts coal severance taxes when comparing fuel bids violate the Commerce Clause?
No. The Attorney General concluded that 807 KAR 5:056 § 3(5), which tells the Public Service Commission to evaluate utility fuel costs after subtracting any coal severance tax 'imposed by any…
Does a Kentucky legislator have to abstain from a vote if a family member owns stock in a company the bill could affect?
No. The Attorney General concluded that House Speaker David Osborne was not required by Section 57 of the Kentucky Constitution to abstain from voting on House Bill 137, the 2020 sports-wagering…
Can a Kentucky county adopt a Second Amendment sanctuary resolution without violating the state firearms preemption law?
Yes. The Attorney General concluded that the proposed Marshall County and McLean County resolutions declaring Second Amendment 'safe harbor' or sanctuary status did not violate KRS 65.870,…
Can police destroy rape-kit or DNA evidence early if the victim decides not to press charges?
No. The Attorney General concluded that under KRS 524.140 a law enforcement agency could not seek a court order to destroy biological evidence from a sexual assault investigation only three years…
Could a Kentucky county judge use emergency powers to fill a vacant road supervisor job without fiscal court consent?
No. The AG said a vacant county road supervisor position did not qualify as an emergency under Kentucky's emergency management statutes. The opinion also said a county could transfer general-fund…
Did an incarcerated Kentuckian have to appear at the county clerk's office to get a marriage license?
No. The AG said county clerks could not require an incarcerated applicant to appear at the clerk's office for a marriage license. They still had to verify age, using a method that did not prevent…
Could Irvington's city council fund and hire its own lawyer if that lawyer employed a council member?
The AG said Irvington's council could amend the budget and hire an attorney as its own employee. Hiring an attorney who employed a council member as a paralegal required the disclosure, finding, and…
When did ordinary laws passed by Kentucky's 2016 General Assembly take effect?
The Attorney General concluded that ordinary 2016 Kentucky session laws took effect at the first moment of Friday, July 15, 2016. General appropriation bills and acts with emergency or delayed…
Could a Kentucky local school board limit middle school students playing on high school sports teams?
The Kentucky AG concluded in 2015 that local school boards and school-based decision making councils could regulate middle school students’ participation on high school teams. It read the statute…
Could a Kentucky prosecutor demand someone’s records with an investigative subpoena before any criminal case was in court?
The Kentucky AG concluded in 2015 that a prosecutor or police agency could not use an ordinary subpoena duces tecum to obtain records during an investigation with no court case pending and no…
Could a Kentucky credit service organization charge borrowers after arranging a third-party installment loan?
The Kentucky AG concluded in 2015 that the described credit service organization was a loan broker rather than a lender. Its referral model could operate under the statutes reviewed if it charged no…
Could a Kentucky pass-through agency cap a subrecipient’s federally negotiated indirect cost rate at ten percent?
The Kentucky AG concluded in 2015 that a pass-through agency could not override an indirect cost rate negotiated with and approved by the federal government. Without such a rate, the agency and…
Could a Kentucky syringe exchange give someone clean syringes when they brought none to return?
The Kentucky AG concluded in 2015 that a permitted harm-reduction program could provide syringes without requiring the participant to return used ones. It read “exchange” broadly enough to include…
Could Kentucky’s horse racing commission let private racetracks choose whether to hold furosemide-free races?
The Kentucky AG concluded in 2015 that the commission could not leave the decision about furosemide-free races solely to individual racetracks. The statute assigned drug regulation to the…
Could police stop someone based on an anonymous text-a-tip message?
The Kentucky AG concluded in 2015 that an anonymous text tip could support a temporary investigatory stop only if sufficiently reliable information gave officers reasonable and articulable suspicion…
Did the University of Louisville trustees meet Kentucky’s minority representation requirement in 2015?
The Kentucky AG concluded in 2015 that the Governor’s University of Louisville trustee appointments did not meet the statutory minority representation requirement. It counted a Cuban-American…
Could a Kentucky landowner leave a voluntary agricultural district before its five-year review without a penalty?
The Kentucky AG concluded in 2015 that a landowner could withdraw from a voluntary agricultural district before the five-year review without a statutory penalty. Although the law referred to a…
Did federal debt collection law override Kentucky’s filing and service rules for garnishing state employees?
The Kentucky AG concluded in 2015 that the federal Fair Debt Collection Practices Act did not preempt Kentucky’s requirements for serving state-employee garnishments or registering out-of-state…
Could Kentucky juvenile justice staff report abuse disclosed during a child sex offender’s treatment?
The Kentucky AG concluded in 2015 that staff could report newly identified child victims to the health cabinet for care under the limited treatment-communication privilege. It also said the usual…
Could Kentucky Fish and Wildlife employees run for nonpartisan office or campaign while working for the department?
The Kentucky AG concluded in 2015 that KRS 150.081 barred classified and unclassified Fish and Wildlife employees from running for partisan or nonpartisan office and actively campaigning. It also…
Did a Kentucky retiree’s paid service on a public board count as reemployment that voided retirement?
The Kentucky AG concluded in 2015 that service on a statutory public board was a public office, not employment for retirement-system purposes. A retired board member could receive the statutory per…
Could someone join a Kentucky university board when a relative already worked at that university?
The Kentucky AG concluded in 2015 that a person could become a university regent or trustee while a relative already worked there. The opinion said the anti-nepotism restrictions still barred a…
When did ordinary laws from Kentucky’s 2015 regular legislative session take effect?
The Kentucky AG calculated that ordinary acts passed in the 2015 regular session took effect at the first moment of June 24, 2015, after 90 full days from final adjournment on March 25. General…
Could a Kentucky city leave a joint tourism commission and impose its own hotel room tax?
The Kentucky AG concluded in 2015 that a city could withdraw from a joint city-county tourism commission under home-rule authority, subject to any governing contract, and form its own commission. It…
Could a Kentucky police applicant qualify with an uncertified private high school diploma, and when would a department face penalties?
The Kentucky AG said a diploma from a private school lacking state certification could qualify if the school complied with Kentucky private-school law. It also said training officials needed a…
Were Kentucky internet sweepstakes cafes illegal gambling even when customers bought computer time?
The Kentucky AG concluded in 2015 that internet sweepstakes cafes were illegal lotteries and their computers gambling devices. It treated the sale of internet access as incidental to prize games…
Could Western Kentucky University offer its own bachelor’s degrees in engineering?
The Kentucky AG concluded in 2015 that an engineering bachelor’s degree was not a first professional degree under the statute restricting comprehensive universities. Western Kentucky University…
Could Kentucky apply its school and day care entry rule to sex offender registrants whose offenses preceded the law?
The Kentucky AG concluded in 2015 that the school and day care permission rule could be applied to registrants whose offenses came before its enactment. It viewed the rule as a civil safety measure…
Could a Kentucky county hire a for-profit company to run its animal shelter or supply an animal control officer?
The Kentucky AG concluded in 2015 that a county could not contract with a for-profit entity to operate its animal shelter, because the statutory definition named governmental and nonprofit…
Could Louisville’s sewer district agree to a supermajority vote before rejecting an employee grievance arbitrator’s recommendation?
The Kentucky AG concluded in 2015 that the sewer district board could agree to that contractual voting term because the grievance decision was not a power specifically delegated by statute. The…
Could a Kentucky county or city enact its own right-to-work ordinance?
The Kentucky AG concluded in 2014 that local governments could not enact right-to-work ordinances. It read the National Labor Relations Act’s state-law exception as excluding cities and counties.
Did Kentucky’s pre-1956 overweight truck permits qualify for the federal highway weight-limit exception?
The Kentucky AG concluded in 2014 that pre-1956 state law allowed special permits for overweight loads, giving Kentucky a basis to continue that practice under the federal grandfather provision. A…
Could a Kentucky school board member also serve as a public library trustee?
The Kentucky AG concluded in 2014 that a school board member could also serve on a library board created directly by local government, but not as a trustee of a taxing public library district.…
Could Kentucky’s horse racing commission enforce a medication protocol before adopting it as an administrative regulation?
The Kentucky AG concluded in 2014 that the racing commission had to adopt generally applicable rules affecting licensees through the procedures of KRS Chapter 13A. It could not enforce the proposed…
Could a Kentucky housing discrimination complainant sue after the human rights commission found no probable cause?
The Kentucky AG concluded in 2014 that a no-probable-cause finding by the Kentucky Commission on Human Rights did not bar an independent housing discrimination lawsuit in state or federal court.
Could La Grange require every visiting lawyer to buy a city business license?
The Kentucky AG concluded in 2014 that La Grange could license resident lawyers and those practicing there regularly and continuously. It could not impose the license on lawyers whose city contacts…
When did ordinary laws passed in Kentucky’s 2014 regular legislative session take effect?
The Kentucky AG calculated that ordinary 2014 session acts took effect at the first moment of July 15, 2014, after 90 full days had passed since April 15 adjournment. General appropriation bills and…
Could Kentucky's emergency medical services board license someone with a felony conviction or completed felony diversion?
The Kentucky AG concluded in 2013 that the EMS board could not consider an application from someone convicted of or pleading to a felony, or someone who completed a felony diversion program. It also…
Did Kentucky's special-purpose-entity reporting and audit law apply to municipal TVA power distributors?
The Kentucky AG concluded in 2013 that Little TVA Act utilities generally had to make the annual reports required by KRS Chapter 65A. Their existing annual audit rule under KRS 96.840 controlled,…
Could a Kentucky city keep or refund surplus money from its electric utility?
The Kentucky AG concluded in 2013 that a city could direct the use of genuine utility surplus by ordinance, including customer refunds, system upgrades, or an environmental-cost reserve. Without an…
Could a licensed Kentucky physical therapist perform dry needling, or was it reserved for acupuncturists?
The Kentucky AG concluded in 2013 that licensed physical therapists could perform dry needling with adequate training and skill. The acupuncture statute did not reserve solid filament needles…
Could a Kentucky school district deduct membership dues unless an employee opted out?
The Kentucky AG concluded in 2013 that a school board could use a reverse dues checkoff requested by a group of employees, provided affected employees had a clear, knowing, voluntary opportunity to…
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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.