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.
No Kentucky opinions match these filters
Try a different search term or clear the filters.
Did a Kentucky county detective have arrest powers in a county without a consolidated local government?
The Kentucky AG concluded in 2013 that the county-detective job alone did not confer arrest powers in such a county. An off-duty police officer hired as a detective retained police arrest authority…
Could the Kentucky Parole Board chair set rotating panel assignments without a board vote?
The Kentucky AG concluded in 2013 that the full Parole Board had to act to establish a policy for rotating panel assignments. The board could delegate implementation of an approved schedule to its chair.
Did a Kentucky local agency have to bid out an insurance broker contract?
The Kentucky AG said in 2013 that the answer depended on whether the agency had adopted the Model Procurement Code. An agency that had adopted it had to follow its applicable broker-contract…
When did ordinary bills passed in Kentucky's 2013 legislative session take effect?
The Kentucky AG calculated the effective date as the first moment of June 25, 2013, after 90 full days had passed from final adjournment on March 26. The calculation excluded general appropriation…
Could a Kentucky area development district bypass city zoning and run an offender reentry program?
The Kentucky AG concluded in 2013 that an area development district was subject to local planning authority and lacked independent power to operate an offender reentry program. It could provide…
Did a Kentucky city councilmember lose her office by taking the oath two days after her term began because she was ill?
The Kentucky AG concluded in 2013 that she did not. Her illness was a valid excuse, and taking the oath on January 3 was within a reasonable time after the January 1 start of her term.
Could a Kentucky city buy county property assessments from a reseller and avoid paying the property valuation administrator?
No. The Kentucky AG concluded in 2013 that a city using the county assessment as the basis for its own taxes owed the property valuation administrator the statutory payment, even if it bought the…
Could a Kentucky city or county adopt a local sales tax without amending the state constitution?
The Kentucky AG concluded in 2013 that cities and counties could not impose a local option sales tax, and the General Assembly could not give them that power, without a constitutional amendment. The…
Could a Kentucky property owner start an amendment to the zoning ordinance text?
The 2012 AG said no. KRS 100.211 let an owner propose a zoning map amendment, but reserved proposals to change the ordinance text to the planning commission, fiscal court, or participating…
Could a Kentucky city pay to survey private homes for FEMA flood map changes?
The 2012 AG said no for Carrollton's proposed surveys, which would mainly relieve selected homeowners of flood insurance costs rather than serve a public purpose. The city also could not use its…
Could on-duty Kentucky firefighters interview and endorse city commission candidates at union meetings?
The 2012 AG said no for the Newport firefighters described. Voting to endorse candidates and interviewing them for an endorsement while on duty were political activity barred by KRS 95.470(4); the…
Could a Kentucky tourism commission use hotel or restaurant tax receipts to support a private hotel?
The 2012 AG said transient room tax receipts could not subsidize a hotel, motel, or restaurant. Restaurant tax receipts could help pay hotel-related municipal bonds or tourism-linked civic…
Could a Kentucky parent qualify as a minority school council member when the child did not?
The 2012 AG said a parent's own race or ethnicity determined eligibility for a minority council seat, independently of the child's. It also interpreted an underrepresented ethnic group by comparing…
Could Kentucky's Legislative Research Commission fix an obvious numbering error in an enacted bill?
The 2012 AG said yes for a manifest clerical error apparent from the act itself and caused by inadvertence. It said the Commission could correct a duplicated effective-date reference in the enacted…
Could a Kentucky city pay to maintain a flood-control waterway beyond its city limits?
The 2012 AG said a city could not unilaterally spend city funds to maintain a waterway outside its boundaries. It could act jointly under an interlocal agreement with the public agency whose…
Could a Kentucky property assessor inspect marina docks without the owner's permission?
The 2012 AG said ordinary marina docks were treated as extensions of land and could be inspected under KRS 132.220(3) without the owner present. Docks sufficiently like buildings might qualify for…
When did ordinary Kentucky laws from the 2012 special session take effect?
The AG calculated July 20, 2012, for ordinary acts from the 2012 extraordinary session. The Assembly adjourned April 20, and the 90 full days required by Section 55 ended July 19; appropriation…
When did ordinary laws passed in Kentucky's 2012 legislative session take effect?
The AG calculated July 12, 2012, as the effective date for 2012 regular-session laws without an emergency or delayed-date provision, apart from general appropriation measures. The 90 full days began…
Could a Kentucky city annex one property or a road without a public vote?
The 2012 AG said a city could annex an individual qualifying property, but a road-only annexation needed a valid municipal purpose. Written consent from every affected owner allowed a single…
Which Kentucky agency could administer HUD Section 8 rental subsidy contracts statewide?
The 2012 AG said the Kentucky Housing Corporation alone had statewide statutory authority under Kentucky law to administer these HUD contracts. Local and regional housing authorities were limited to…
Could a Kentucky superintendent use a committee and a teachers' contract for school restaffing decisions?
The 2012 AG said HB 176 did not prescribe a retention-decision method or forbid a superintendent's collaborative committee. A teachers' agreement could still apply if it did not conflict with the…
What recording fee could a Kentucky county clerk charge when a tax delinquency certificate was resold?
For a later assignment from one purchaser to another, the 2012 AG applied the $12 general recording fee, plus $3 per page beyond three. If one document reassigned several certificates, the clerk…
Could Kentucky government agencies put official license plates on leased vehicles?
Yes under the 1996 amendment examined in 2012. Kentucky's official-plate statute now covered vehicles a governmental unit leased or owned, so older AG opinions requiring exclusive ownership no…
Did Kentucky's constitution bar shock probation for a person convicted of DUI vehicular homicide?
The 2011 AG said no: a judge's power to grant shock probation after a DUI-related homicide, and the statute's different treatment of those convictions, did not violate Section 2 of Kentucky's…
Could a Kentucky physician assistant dispense prescription medicine from a doctor's office pharmacy?
Under the law examined in 2011, no. A physician assistant could prescribe and administer nonscheduled drugs as delegated, and distribute professional samples to patients, but those powers did not…
Could a Kentucky county or city ban all pain clinics by ordinance?
The AG concluded that a proposed ordinance banning pain clinics exceeded a Kentucky city or county's authority. State law already comprehensively regulated medical practice and controlled…
When did ordinary bills passed in Kentucky's 2011 legislative session take effect?
The AG calculated that ordinary legislation from Kentucky's 2011 regular session took effect at the first moment of June 8, 2011. General appropriation bills and acts with emergency or delayed…
Could a Kentucky school assign an itinerant teacher to work in a school whose principal was the teacher's relative?
No, unless the teacher fell within the statute's grandfather clause. The AG concluded that a district-wide or itinerant teacher who was a principal's relative could not perform any work in that…
Did Kentucky's Mining Board have to approve coal-mining regulations before the Department of Natural Resources filed them?
Yes. The AG concluded that the Mining Board had to review and approve Department of Natural Resources regulations on coal mining, penalties, or miner certification before filing, and could…
Could Kentucky racing regulators search licensed trainers' vehicles and tack rooms without a warrant, and did that include dormitory rooms?
The AG concluded that the Kentucky Horse Racing Commission could conduct reasonable warrantless administrative searches of licensees' property on association grounds, including vehicles, for…
Did a low winning bid remove Kentucky's prevailing-wage requirement when the public project's pre-bid estimate exceeded the threshold?
The AG said the public authority's estimated project cost submitted before bidding controlled the prevailing-wage threshold, rather than the final contract amount. Nicholasville's $307,026 estimate…
Was a Kentucky machine selling phone cards with free sweepstakes plays an illegal gambling device?
The AG concluded that the Pot of Gold phone-card sweepstakes machine was an illegal gambling device because the phone card sale was incidental to its chance games and prizes. A genuine product-sale…
Could a Kentucky school board require contractors to follow a project labor agreement when bidding to build a new school?
The AG concluded that Carter County's proposed school-construction labor agreement did not violate the procurement or school-bidding laws it examined. All contractors could bid regardless of union…
Does Kentucky's county property-tax recall threshold compare a new rate with last year's rate or with the full compensating tax rate?
The AG said a county real-property tax rate triggered the recall provision only if it exceeded the statutory compensating tax rate by more than four percent, not merely because it exceeded last…
When did ordinary laws passed in Kentucky's 2010 extraordinary legislative session take effect?
The AG concluded that ordinary legislation from Kentucky's 2010 extraordinary session took effect at the first moment of August 28, 2010. General appropriation measures and acts with emergency or…
Could a Kentucky school district advertise certified jobs district-wide before identifying the individual school building?
The AG concluded that Jefferson County Public Schools' district-wide posting of certified vacancies, followed by school-building details as openings became known, complied with KRS 160.380. The…
When did ordinary bills passed in Kentucky's 2010 legislative session take effect after final adjournment?
The AG concluded that ordinary acts passed in Kentucky's 2010 regular session took effect at the first moment of July 15, 2010, after 90 full days had elapsed from final adjournment. General…
Did Kentucky's 2010 pari-mutuel betting rules allow machines that took wagers on previously run horse races?
The AG concluded that Instant Racing was impermissible under Kentucky's then-current pari-mutuel regulations. The horse-racing statute did not clearly forbid betting on completed races, but the…
Can a Kentucky workers' compensation insurer pay a mail-order pharmacy the discounted rate it negotiated with other pharmacies?
The AG said an employer or insurer could negotiate workers' compensation pharmacy reimbursements below the fee schedule without infringing an injured employee's statutory choice of treating…
Can a private citizen insist on presenting criminal allegations directly to a Kentucky grand jury without telling the prosecutor what the case is about?
The AG concluded that a private citizen had no independent right to present evidence directly to a Kentucky grand jury, especially while withholding the accusation from the prosecutor. The grand…
What could a Kentucky medical provider charge a patient for the first and later copies of medical records?
The AG said a Kentucky patient was entitled to one complete copy of medical records without charge; a second copy could cost no more than $1 per page in total copying-related charges. A provider…
Could Kentucky's community college board abolish tenure for faculty hired after July 2009?
The AG concluded that Kentucky's community college board could set procedures and standards for earning tenure, but could not eliminate tenure for newly hired regular faculty. The 2009 policy…
Could Louisville's mayor sign a downtown development deal before council appropriated the promised funds or sought bids?
The AG said Louisville's mayor could negotiate and sign the Center City development agreement before every funding provision was approved, but its unappropriated spending terms would not take effect…
Did Kentucky's 2008 three-term limit count retirement trustees' earlier board terms?
The AG concluded that Kentucky's 2008 reduction from five to three consecutive retirement-board terms applied prospectively. Earlier terms did not newly disqualify a sitting trustee, but the opinion…
Could a retired Kentucky state forensic employee bill prosecutors an hourly rate for subpoenaed testimony about an old case?
The AG concluded that former Kentucky Justice and Public Safety Cabinet employees subpoenaed to testify for the Commonwealth about cases assigned during their state service were not entitled to…
Could Kentucky lawmakers authorize video lottery terminals at racetracks without another constitutional amendment?
The AG concluded that Section 226(1) of Kentucky's Constitution permitted the General Assembly to authorize state lottery video terminals at designated racetracks without another constitutional…
When did ordinary laws from Kentucky's 2009 regular legislative session take effect?
The AG concluded that ordinary legislation from Kentucky's 2009 regular session took effect at the first moment of June 25, 2009. General appropriation measures and acts with emergency or delayed…
Could a Kentucky county clerk refuse to record a mortgage amendment because it changed loan terms?
The AG said a county clerk lacked authority to refuse a duly prepared mortgage amendment that met general recording requirements. An amendment could change a mortgage's terms, amount, or interest…
Could Fayette County schools pay Lexington's sewer construction privilege fee from school funds?
The AG concluded that Fayette County's school board could pay Lexington-Fayette's sewer privilege fee from school funds because its usage-and-acreage formula reasonably reflected the value of…
Which county retirement employees had to meet the extra danger and physical-conditioning test for hazardous duty coverage in 2008?
The AG read the extra danger, physical-conditioning, and nonclerical requirements in the 2008 hazardous-position definition as applying only to emergency medical technicians among the listed new…
Did AT&T Kentucky need Louisville's new approval to carry IP video over facilities covered by its 1886 telephone franchise?
The AG concluded that a successor to the 1886 Ohio Valley Telephone Company franchise could carry IP-enabled video over its existing Louisville-area rights-of-way without additional legislative or…
Could a Kentucky county make a short-term loan to a startup as an economic development incentive?
The AG said McCracken County appeared to have authority to offer a short-term loan to a startup if it served a legitimate public purpose. The opinion did not decide whether the proposed loan met…
Could a Kentucky manufacturer build and store gambling devices only for sale where their use was lawful?
The AG concluded that making and holding gambling devices in Kentucky solely for shipment to jurisdictions where their use was lawful did not violate KRS 528.080 on the facts presented. The statute…
When could Kentucky public schools claim Medicaid reimbursement for speech services by teachers certified through the EPSB?
The AG concluded that an EPSB certificate alone did not establish Medicaid reimbursement eligibility. The services had to be provided by, or under the direction of, a speech pathologist meeting the…
Can Kentucky regulate alcohol sales and drinking inside Mammoth Cave National Park?
No. The AG concluded that Kentucky had ceded jurisdiction over Mammoth Cave National Park to the United States, and its reserved powers did not include regulating alcohol sales or consumption there.
Could Kentucky's postsecondary education council make its interim president permanent without restarting a national search?
The AG concluded that the Council on Postsecondary Education violated KRS 164.013 when it made its interim president permanent in 2008 after terminating the earlier national search. The statute…
When did ordinary bills from Kentucky's 2008 legislative session take effect?
The AG concluded that ordinary legislation passed in Kentucky's 2008 regular session took effect at the start of July 15, 2008. General appropriation bills and acts with emergency or delayed…
Could a Kentucky mayor veto a city ordinance by returning it to the city clerk instead of the council?
No. Under the mayor-council statute examined, the AG said a mayor had to return the disapproved ordinance and objections to the city council. Returning them only to the city clerk was an ineffective veto.
Could a Kentucky agency sign a personal service contract extending beyond the current budget biennium?
Yes. The AG said a state agency could enter a personal service contract extending past the current fiscal biennium, and the Government Contract Review Committee could approve it. Actual financial…
When could Kentucky authorize early voting without amending its Constitution?
The AG said legislation providing early voting to comply with federal law, a binding final court decision, or Kentucky Bill of Rights protections would not require a state constitutional amendment.…
Browse Kentucky opinions by topic
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.