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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Could a Kentucky school council change its curriculum if the change led to a teacher's transfer?
The Kentucky AG said a school council could choose a curriculum and set the number of positions in each job category, even if a superintendent later had to transfer an employee. The council could…
Could the University of Louisville ban weapons on campus under Kentucky's right to bear arms?
The AG concluded that the University of Louisville's ban on possessing or storing deadly weapons and destructive devices on its property did not violate Kentucky's constitutional right to bear arms.…
Could a Kentucky county ban firearms in a public park or in its park buildings?
Under the 1996 law addressed by the opinion, a county could not ban open or concealed carry throughout a public park. Its fiscal court could, by ordinance, restrict concealed carry in county…
Could Kentucky regulators move entire types of health facilities into a faster certificate of need review?
The Kentucky AG concluded that the health cabinet could not use a regulation to place broad categories of services and facilities into the certificate of need nonsubstantive review process. The…
Could Red Fox Coal workers claim Kentucky's utility rebate fund for unpaid workers' compensation?
The AG said Red Fox Coal workers' compensation claimants who had properly elected could claim benefits from the SERF fund. It found a reasonable connection between the utility refund that funded…
Could a Kentucky fiscal court cut a circuit clerk's law librarian pay during the clerk's term?
The Kentucky AG concluded that Caldwell County's fiscal court could not lower its circuit clerk's monthly law librarian salary during her term. She could recover the unpaid difference even though…
What fees did a Kentucky sheriff earn for criminal summonses, warrants, and warrantless arrests?
Under the 1996 statutes the AG examined, a misdemeanor summons or arrest carried a $10 fee. A felony summons or arrest warrant carried $20 for execution and return of process; a warrantless felony…
Could a Kentucky county use 911 phone-fee revenue to pay dispatchers needed for overnight and weekend coverage?
Yes. The AG concluded that funds raised for 911 emergency telephone service could pay the dispatch personnel needed to operate it around the clock. If the county's ordinance limited the funds to one…
Could Kentucky's governor raise county clerks' salary ceiling by declaring their duties statewide?
No. The AG concluded that Executive Order 95-1462 had no effect because it classified county clerks as statewide officers for salary purposes contrary to KRS 64.527. A governor could not change the…
Could someone living outside a Kentucky county appraise property for a judicial sale there?
Possibly. The AG concluded that sleeping outside the county did not automatically disqualify a judicial-sale appraiser. The master commissioner had to judge whether the person's aptitude and…
Could a Kentucky county sponsor a federally funded flood project that included land inside a city?
Yes. The AG concluded that Martin County's fiscal court could serve as the nonfederal sponsor of the proposed flood-control project, including its portion inside Warfield. County funds still had to…
Could a Kentucky constable serve court papers in a different county?
No. The AG concluded that a Kentucky constable could serve process anywhere in the constable's own county, but had no authority to serve it in another county. An officer from the other county could…
Could Kentucky schools lower grades for absences or deny promotion for excused missed time?
The AG said a school could not subtract points from a student's final grade as a penalty for unexcused absences, even with a make-up option. It also rejected the reviewed policies that denied credit…
Could a Kentucky school board exclude home-schooled children from its youth basketball league?
The AG said the Garrard County school board could exclude home-schooled and out-of-district children from its youth basketball league because no law or understanding shown to him gave them a…
Did Kentucky cap political-party committee gifts to candidates in the June 1996 special elections?
The AG concluded that no statutory amount limit applied to political-party executive committee contributions to candidates in the June 1996 special elections. His answer turned on a temporary…
Which permanent-committee contribution limit applied to Kentucky's November 1996 legislative election?
The AG said the November 1996 election used the new limit of 50 percent of total contributions or $10,000, whichever was greater. He counted permanent-committee gifts after the May primary, and said…
Could a Kentucky property valuation administrator buy errors and omissions insurance with office funds?
The AG said a property valuation administrator could not treat errors and omissions insurance as an allowable office expense without specific legislative authorization. He also withdrew an earlier…
Could a Kentucky school district pay teachers to retire early without making an unconstitutional gift?
The AG found the two proposed school-board plans constitutional because the payments induced eligible teachers to retire voluntarily and early, creating a present service to the district. He…
Where did a Kentucky taxpayer seek a refund of real estate transfer tax?
The AG said a real estate transfer-tax refund request had to go to the county that collected the tax, rather than the state Revenue Cabinet or the Attorney General. Under the common-law rule he…
Did a Kentucky deed for a nominal amount still need to state the property's estimated fair cash value?
Yes. The AG said a deed transferring real property by gift or for nominal or no consideration had to include a sworn, notarized certificate stating its estimated fair cash value. A gift also had to…
Did Kentucky's AG find amended House Bill 287 on utility refunds and unpaid liabilities constitutional?
Yes. The AG found amended House Bill 287 constitutional and found a reasonable relationship between Kentucky Utilities' refund and South East Coal Company's unpaid liability. This brief opinion…
When did ordinary laws passed by Kentucky's 1996 General Assembly take effect?
The Attorney General concluded that ordinary laws passed in Kentucky's 1996 Regular Session took effect at the first moment of Monday, July 15, 1996. The opinion excluded general appropriation…
Could a Kentucky school board member keep serving after filing for city commission?
No. The AG said a member of the Covington independent school board could not continue serving after filing for city commission and was subject to removal under the cited statutes. The candidacy…
Did Kentucky's proposed certification board for pastoral counselors violate the First Amendment?
The AG concluded proposed House Bill 385 was unconstitutional under the First Amendment test he applied in 1996. The bill would have created a state certification board for pastoral counselors, but…
Could Kentucky let a young child witness testify by closed circuit video outside a defendant's presence?
The AG concluded proposed SB 169 was constitutional. He said a court could use its special video-testimony procedure for qualifying children only after a case-specific finding that the defendant's…
Can Kentucky AG Opinion 96-5 on university prevailing wages be cited after it was withdrawn?
No. The AG withdrew OAG 96-5 after learning the same university prevailing-wage dispute was already in litigation. He said that earlier opinion should not be cited as authority and treated it, as…
Could Kentucky's Health Policy Board approve Medicaid-funded nursing beds beyond the state budget?
The AG said the Health Policy Board had to keep nursing-bed certificates within biennial budget authorizations and limits, although it did not have to ask anyone for a funding opinion. The General…
Did a Kentucky charity need an alcohol license to raffle or auction a bottle of liquor?
The AG said a charitable or nonprofit group needed a special temporary license to auction alcoholic beverages, whether the auction stood alone or was part of a dinner. He also read the board's…
Could Kentucky redirect unclaimed utility refunds to cover a bankrupt coal company's workers' compensation obligations?
The AG concluded that proposed House Bill 72 was constitutional because it preserved ratepayers' refund rights and made workers' compensation settlements voluntary. He also found the required…
When did Kentucky law require a doctor to report suspected spouse abuse?
The AG said a physician had to report a patient who was abused or neglected by a spouse and needed protective services. He also described a reporting duty when the abuser was unknown and the patient…
Did Kentucky universities have to pay prevailing wages when renovating residence halls and other campus buildings?
The AG initially said construction projects at four universities were exempt from prevailing wages, including residence hall work. He withdrew this opinion shortly afterward because the question was…
Did a Kentucky county-owned nonprofit have to pay prevailing wages on a public works project?
The AG said the nonprofit could share the county's prevailing-wage exemption if the county retained organizational control and state funds financed less than half the project. He treated the Fleming…
Would Kentucky's 1996 House Bill 81 give health officials new power over tobacco or firearms?
No. The AG said House Bill 81's proposed additions to KRS 211.180 did not give the Cabinet for Human Resources any additional power to regulate tobacco or firearm use.
Did Kentucky's proposed 1996 House redistricting plan meet the state constitution?
Yes. The AG found the proposed House Bill 1 plan constitutional under Section 33 as read in Fischer: it divided 22 counties, the minimum he calculated, and kept each district within 5% of ideal population.
Could a Kentucky factory run on Sundays, and did it owe workers a weekly day off or extra pay?
Under the 1995 laws the AG examined, a factory could operate on Sunday if its work qualified as necessary or it used a qualifying continuous schedule. A continuous schedule required one full rest…
Would Kentucky have to pay the Employers' Mutual Insurance Authority's debts if it became insolvent?
The Kentucky AG concluded that listing the Employers' Mutual Insurance Authority under the Labor Cabinet did not make the Commonwealth responsible for the authority's liabilities if it became…
Could a Kentucky court clerk report an unpaid car loan judgment to suspend the buyer's driver's license after a crash?
No. The 1995 opinion said a creditor's judgment for missed car installment payments arose from a contract breach, even if the buyer had wrecked the car. It was outside the motor vehicle judgment…
Could Kentucky enforce its extra fuel tax on heavy interstate trucks after September 1996?
The Kentucky AG concluded in 1995 that the state's separate fuel use tax on vehicles over 59,999 pounds did not fit the International Fuel Tax Agreement's vehicle classification. Federal law…
When did ordinary laws from Kentucky's third 1995 special session take effect?
The Attorney General concluded that ordinary legislation from Kentucky's third 1995 extraordinary session took effect at the first moment of Friday, November 3, 1995. The conclusion excluded general…
Could a Kentucky county pay its clerk or sheriff extra for services outside official duties?
The AG found that the Lexington clerk's and sheriff's proposed contracts did not violate the constitutional cap on pay for official duties. But payment for separate work was valid only if the…
Could Louisville award a professional services contract without bids, and what if it skipped the required paperwork?
Under Louisville's 1995 procurement code, the city could negotiate certain professional services contracts without bids if it documented why competition was infeasible and its procurement officer…
Who could set the starting time of a Kentucky fiscal court's regular meetings?
The fiscal court as a body had the final say over the start time of its regular meetings, subject to the requirement that the time be convenient to the public. The county judge/executive could set…
Did a Kentucky school that exceeded its performance threshold have a right to a state regulation waiver?
No automatic waiver followed from exceeding the threshold. The AG said that threshold was the only statutory condition for petitioning under the post-1994 rule, but the state education board…
Could a Kentucky charity run a raffle whose winner depended on a football game or horse race?
No. Under the 1995 charitable gaming rules the AG examined, a raffle winner had to be chosen by random drawing with each ticket having an equal chance, not by predicting a live game or a horse race.…
Which Kentucky agency handled complaints about sewage discharged from houseboats?
The AG said the Natural Resources and Environmental Protection Cabinet retained primary authority to regulate and enforce the marine toilet sewage rules, even after the Division of Water Patrol…
Could a Kentucky county consolidation commission decide no change was needed and skip a public vote?
No. The AG said a commission formed under KRS 67.830(3) had to develop a comprehensive charter county or consolidation plan and submit it for voter approval or disapproval. The statute did not…
Could a Kentucky prosecutor release a grand jury transcript to the public?
A prosecutor could ask the circuit court controlling the grand jury record for permission to release it, but could not release it on the prosecutor's own authority. The AG said secrecy remained the…
Did a Kentucky city or county ethics code have to cover every appointed official and employee?
No. The AG read KRS 65.003 to require coverage of every elected city or county official, while appointed officials and employees were covered to the extent the local code specified. The statute did…
Did transferring Kentucky real estate into a trust avoid the transfer tax?
Not automatically. Under the 1994 amendment the AG interpreted, a transfer to a trustee or from a trustee to a beneficiary qualified for the exemption only if a direct transfer from the trust's…
Could a Kentucky improvement district build a jail and use its property tax to run it?
The AG said a community improvement district could build a jail, and its tax could support operation of the jail building. The tax could not pay general jail operating costs such as staff, prisoner…
Did Kentucky's 1995 marijuana tax violate double jeopardy after a drug prosecution?
The AG concluded that Kentucky's marijuana and controlled substances tax did not violate the Fifth Amendment's double jeopardy rule. It distinguished a Montana tax struck down after a conviction…
Which Kentucky land records owed the 1995 legal process tax: leases, contracts, or restrictions?
The AG said contracts for deed, mineral leases, and real estate leases were taxable conveyances under the 1995 legal process tax. Easement releases, deeds of restriction, and land use restrictions…
Can a Kentucky school superintendent withhold qualified job applicants from a school principal?
For non-principal vacancies, the AG said a superintendent could choose which qualified applicants to list first, but had to supply all applicants meeting statutory, regulatory, and legitimate board…
Must a new operator post a bond for a Kentucky oil or gas well drilled before 1960?
The AG concluded that a successor operator had to post a bond for an oil or gas well drilled before June 16, 1960. Protection for wells already producing on that date against production-stopping…
When did laws from Kentucky's four 1994 and 1995 special sessions take effect?
The AG gave four default dates: September 21 and December 26, 1994, for the first and second 1994 extraordinary sessions; April 7 and April 28, 1995, for the first and second 1995 sessions. The…
Who transported Kentucky county jail prisoners to a psychiatric facility in 1995?
The AG said the sheriff was responsible for transporting prisoners held on criminal charges from a county jail to a psychiatric facility when the county had a jail, was not an urban county, and the…
What were Kentucky constitutional officers' maximum salaries after the 1995 cost-of-living adjustment?
The AG found the Department of Local Government's 1995 cost-of-living calculations legally proper based on the data supplied. The opinion listed $45,216.81 for certain county officials, $75,361.34…
Did a Kentucky deputy county judge/executive have to post an official bond?
The AG found no state statute requiring a deputy county judge/executive to post a bond before taking office or while serving. It distinguished the county judge/executive, whose bond was expressly…
Could a Kentucky sheriff use county license plates on a privately owned vehicle and receive mileage pay?
The AG said a privately owned sheriff's or deputy's vehicle could not lawfully be registered in the county's name or carry county plates. The county could reimburse documented official-business…
Did Kentucky's 1994 city and county ethics-code law cover special districts?
No. The AG said KRS 65.003 applied to city and county officials and employees, not special districts or their staff. A special district could adopt its own ethics code.
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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.