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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Did Kentucky living-will or surrogate-decision laws govern ambulance crews during emergency care?
Usually not under the circumstances the AG assumed in 1993. The opinion said the Living Will Act required two physicians and a terminal-condition notation, while the surrogate law required an…
Did Kentucky's 1990 changes make the Unfair Cigarette Sales Law constitutional?
No. The 1993 AG opinion concluded that the amended Unfair Cigarette Sales Law still calculated a mandatory markup using a retailer's overall business costs, including costs unrelated to cigarettes.…
Were all Kentucky real estate transfers to the federal government exempt from transfer tax?
No. The 1993 AG opinion read the transfer-tax exemption for deeds to the federal or another listed government as limited to gifts or transfers for nominal consideration. It overruled earlier AG…
Could a Kentucky first-class city require firearm registration and notice of firearm sales despite state preemption?
No. The 1993 opinion said KRS 65.870 barred first-class cities, like other local governments, from regulating firearm registration and requiring notice of firearm sales. The AG read the cities'…
Could a Kentucky legislator also serve on an area development, tourism, housing or other public board?
The 1993 AG opinion said legislators could not concurrently sit on the named area development, tourism, community improvement or joint housing boards because those bodies exercised nonlegislative…
Could a Kentucky coroner cremate an unclaimed body instead of arranging burial at public expense?
No under the statute as the AG read it in 1993. KRS 72.450 authorized burial at public expense when a coroner could not locate family, or delivery to a state medical school, but the AG said it did…
Could a Kentucky realtor board add questions to the state seller disclosure form?
No. In 1993, the AG said only the Kentucky Real Estate Commission could add items to its seller disclosure form. A private realtor group could use a separate supplemental form, but the state statute…
Could a Kentucky solid waste management area control recycling facility permits and bind cities outside its interlocal agreement?
In 1993, the AG said the area's governing body could review the plan consistency of disposal facilities, but not make a binding determination for management-only facilities such as recycling…
Were Kentucky county association reinsurance and unemployment funds public agencies under the Open Records Act?
Yes. The 1993 opinion said both the KACo Reinsurance Trust Program and KACo Unemployment Compensation Self-Insurance Fund were interagency bodies of public entities and thus public agencies under…
Could Kentucky county road aid pay for road-adoption notices or deeds, and could a county attorney charge for a road deed?
The 1993 opinion said county road aid funds were restricted to construction, reconstruction and maintenance, so they could not pay road-adoption advertising or deed preparation costs. Deed work…
Could Kentucky clerks print city election ballots before a late candidate filing period closed?
The 1993 AG opinion recommended that county clerks meet the 50-day ballot printing deadline even where certain small-city candidates could still file until 30 days before the election. If someone…
Did Kentucky county attorneys have to send collected child support payments through the state treasury?
No, according to this 1993 opinion. Child support collected by county attorneys for recipients not receiving AFDC was private money owed by one person to another, so it did not have to pass through…
Did Kentucky's 1988 state lottery amendment allow casino gambling without another constitutional amendment?
No. The 1993 AG opinion concluded that casino gambling fell within Kentucky's constitutional lottery prohibition and that the 1988 state lottery exception did not cover casinos. It said another…
Could a Kentucky write-in candidate elected property valuation administrator take office without first passing the qualifying exam?
In 1993, the AG said a write-in candidate elected property valuation administrator could take the qualifying examination after the election and before taking office. Passing would make the candidate…
Could a Kentucky school council assign individual teachers to classes, or did the principal make those assignments?
The 1993 opinion said a school council could set the policy for using instructional and noninstructional staff time, but the principal implemented it and assigned specific staff members. The council…
Could Kentucky counties share liability for self-insurance premiums and pay valid past-year obligations from later funds?
In 1993, the AG said Kentucky's Constitution did not categorically prohibit counties from sharing liability for self-insurance premiums. The particular agreement appeared to limit payment to…
Could a Kentucky county limit political and commercial posters to the month before an advertised date to control litter?
In 1993, the AG concluded that Shelby County's proposed timing rule for political and commercial posters was unlikely to survive a legal challenge. It singled out those messages, likely burdened…
Could a Kentucky school council elect a chair other than its principal under an approved alternative model?
Yes, under the 1993 statute as the AG read it. A school could seek approval of an alternative decision-making model that let its council elect any member as chair; the principal or head teacher…
Did a Kentucky deputy sheriff become probationary when the county created a merit board?
No. Under the 1993 statutes, creating a county deputy sheriff merit board did not put a deputy already serving into a new probationary year. That deputy still had one year from the ordinance's…
Could a Kentucky school council member vote to hire her son as principal?
The 1993 opinion found no statutory nepotism rule barring the council member's vote. A financial support relationship between the member and her son would disqualify her under the conflict rule the…
Could a Kentucky teacher vote in both teacher and parent school council elections?
Yes, under the 1993 law as the AG read it. A teacher who was also a parent could vote for teacher and parent representatives, whether the child attended another school or the same school. The…
Could a Kentucky circuit court clerk operate a solo law practice?
The 1993 opinion said Kentucky's Constitution and statutes did not bar a circuit court clerk from solo law practice, though KRS 61.098 barred a partnership or association with another lawyer and a…
Could a Kentucky mayor refuse to put a properly made council motion to a vote?
No, under the limited 1993 facts the AG considered. A mayor presiding over a city council could not refuse a properly made and seconded motion simply because the mayor preferred a different vehicle…
Could Lexington-Fayette regulate lawn chemical applications by local ordinance?
No, under the 1993 statutes the AG interpreted. On reconsideration, the office reaffirmed that the state lawn-chemical law was a comprehensive legislative scheme, so Lexington-Fayette's urban-county…
Could a Kentucky professional fundraiser file a review or compilation instead of an audit?
No. The 1993 AG read KRS 367.655(2)(f) to require an audited consolidated financial report from a professional fundraiser or solicitor. A review or compilation did not meet that requirement; the…
Did a Kentucky fiscal court have to set the jailer's salary by the first Monday in May?
No. The 1993 AG read KRS 64.530's express exception for jailers as controlling over its general deadline for elected county officers. Because that provision did not govern the jailer's salary, the…
Could Kentucky cities keep staggered city council elections after the 1992 amendment?
No. The 1993 AG concluded that Kentucky's 1992 constitutional amendment required city officers to be elected in even-numbered years, ending staggered city council elections. It said 1993 council…
Did Kentucky commissioner counties need separate districts for justices and constables?
No. In 1993, the AG concluded that a county using the commissioner form had three justice-of-the-peace and constable districts with the same boundaries as its three commissioner districts. It…
Did Kentucky's teacher sick-leave definition include a son-in-law or daughter-in-law?
No. Under the 1993 version of KRS 161.155(1)(c), the AG said a teacher's son-in-law or daughter-in-law was not within the statute's listed 'immediate family' members.
Did marriage excuse a Kentucky minor from school attendance and truancy rules?
No. The 1993 AG said marriage did not remove a minor from compulsory school attendance or the juvenile code's definition of a child. For juvenile-court truancy jurisdiction, the opinion used the…
Could Kentucky pharmacists fill nurse practitioners' prescriptions under the 1993 law?
No, under the Kentucky statutes the AG reviewed in 1993. The opinion said advanced registered nurse practitioners were neither listed among authorized prescribers nor separately granted…
Could a Kentucky property valuation administrator candidate stay on the ballot if the required certificate expired after filing?
The AG concluded in 1993 that the certificate had to remain valid on the primary and general election dates, not merely when the candidate filed. The county clerk had to check before printing PVA…
Should parent members of Kentucky school councils review identifiable student records?
The 1993 AG advised schools not to treat parent school council members as 'school officials' allowed to review identifiable student records under FERPA while federal guidance was unresolved. It said…
Could Kentucky's petroleum tank cleanup fund reimburse a landowner's lawyer fees?
Sometimes. The 1993 AG said the tank fund could reimburse reasonable, fully documented legal work directly and necessarily tied to assessing or cleaning up a specific site, such as a needed cleanup…
When should a Kentucky planning commissioner step aside from zoning votes affecting private land interests?
The 1993 AG said disqualification depended on whether a member's private interest was sufficiently direct and personal to call the member's judgment into question. A personal benefit from action…
Did Kentucky schools have to report every student drug or alcohol possession incident to police?
No. The 1993 AG found no Kentucky statute requiring school officials to report every student drug or alcohol possession incident to law enforcement, although they could report it. For contraband…
Could Kentucky school boards control council elections, principal hiring, and discipline policies?
The 1993 AG assigned different decisions to different bodies: state rules governed eighth-grade Algebra I credit; local boards set reasonable council-formation procedures; an installed council…
Could Kentucky make a physician's license depend on accepting patients in a state health care pool?
The AG concluded in 1993 that putting this condition in Kentucky's physician licensing chapter appeared unrelated to that chapter's aim of ensuring physicians were properly trained. The opinion left…
Which Kentucky insurance statute governed an acquisition applicant's financial statements and approval period in 1993?
The AG concluded that the later Insurance Holding Company Systems Act provision controlled the conflicting parts of the older statute. Under the 1993 opinion, an applicant had to submit five years…
When did Kentucky's 1993 special-session laws and Senate Bill 7 take effect?
The Attorney General gave May 18, 1993, as the ordinary effective date for laws from Kentucky's first 1993 special session. Senate Bill 7's emergency clause made the act effective on the afternoon…
Did Kentucky's lottery contractor political-contribution restriction apply to consultants hired by the state auditor?
The AG concluded in 1993 that the restriction did not apply to consultants assisting the state auditor's performance review of the lottery. Their work was a management review rather than the…
Could a Kentucky county judge/executive set fiscal court meeting dates despite a county ordinance assigning that decision to the fiscal court?
The 1993 AG said yes. State law assigned the regular-term start dates to the county judge/executive, so a contrary county ordinance was inconsistent with the statute and had no effect.
What were Kentucky's maximum constitutional-officer salaries for 1993, and which AG opinion corrected the county figure?
The AG verified Kentucky's 1993 CPI-adjusted salary figures, including $42,877 for specified county officers and many city officers, $71,462 for several state officers, and $84,059 for the governor.…
How could Kentucky officials test an electronic voting machine during a recanvass if its counter could not be reset?
The AG concluded in 1993 that officials should run the machine manufacturer's self-diagnostic routine. The opinion treated that test as serving the recanvass statute's purpose when a state-approved…
Could Kentucky legislators release lottery accounts-receivable information they had already received despite a confidentiality warning?
The AG concluded in 1993 that the legislators could release the lottery information already in their possession. The opinion treated the cited records exemptions as grounds to withhold records when…
Could Kentucky's Uninsured Employers' Fund pay claims against a coal company while its self-insurance application was pending?
The AG concluded in 1993 that claims against South East Coal Company for July 6, 1986, through January 15, 1993, might be payable by the fund. The company lacked an insurance policy and an effective…
Could a CPA firm audit a Kentucky school district if a CPA's spouse or dependent worked for the district?
The AG concluded in 1993 that the state audit committee could not select the firm when a CPA's spouse or dependent was a district employee. The opinion also said the school-contract statute barred a…
Did a Kentucky county clerk need a judge's qualification certificate before taking office after the Judicial Article?
The AG concluded in 1993 that the judicial certificate requirement no longer applied to county clerks after the Judicial Article shifted court-clerk duties to circuit clerks. It did not resolve the…
Could Kentucky's finance office pool workers' compensation commission funds overnight and lend its securities without violating fund-separation rules?
The 1993 AG approved the described arrangements: overnight pooling retained separate accounts, commission control, and collateral, while the securities transaction was treated as an authorized…
Was Kentucky OAG 93-12's $42,887 local-officer salary figure withdrawn and corrected?
Yes. OAG 93-21 expressly withdrew and replaced this February 1993 opinion because its $42,887 local-officer figure was a typographical error; the replacement gave $42,877. Read OAG 93-12 only as a…
Could Kentucky merit-system deputy sheriffs campaign for office or count prior police training toward their required hours?
The AG said covered deputies could not run for public office or solicit political contributions, but could take part in some private, off-duty campaign work. It also concluded that prior training…
Could a Kentucky primary candidate switch parties after a general election, switch back, and still run for the original party?
The AG concluded in 1993 that a voter registered with the original party at the preceding general election could return to that party before the primary and vote in its primary. Assuming other…
How did Kentucky's AG suggest defining a resident for a proposed state health care plan in 1993?
The AG described residence as requiring an actual place of abode in Kentucky together with intent to remain. For the proposed health care plan, it suggested a general statutory resident definition…
Did a Kentucky county school board need to redraw election divisions after another district annexed part of its territory?
The AG concluded in 1993 that Whitley County's board had to redraw its five election divisions after the annexation upset population balance. It found no fixed deadline for this type of redraw and…
Did FERPA prevent Kentucky colleges from releasing their campus police law-enforcement records after the 1992 amendment?
The AG concluded in 1993 that campus law-enforcement-unit records created and maintained for law enforcement were outside FERPA's education-record definition under the amended federal law. It…
Could a Kentucky sheriff hire a private CPA for the annual audit when the state auditor wanted to conduct it?
The AG concluded in 1993 that the State Auditor could choose to conduct the audit without giving a reason. A sheriff, county clerk, or fiscal court could use a CPA instead only if the Auditor…
Could Frankfort enforce its anti-mask ordinance against people on Kentucky's Capitol grounds?
Yes. The AG concluded that Frankfort's anti-mask ordinance could be enforced against people on state property within the city, including the Capitol grounds. It distinguished regulation of private…
Could a Kentucky city cancel an annexation referendum by repealing its intent ordinance?
No. The AG said that once a proper opposition petition was filed, the city had to hold the annexation election even if it repealed its initial intent ordinance. The city could still decide against…
Could Kentucky Personnel Board members decide an appeal of the board's own firing decision?
No. The AG said the Personnel Board members involved as parties in its former executive director's appeal had to disqualify themselves, assuming the appellant had not signed a waiver. It said the…
Did Kentucky's new racing commission have to honor a predecessor's 1992 license even if its validity was disputed?
The AG said the new Kentucky Racing Commission had to accept a predecessor commission's license and wagering dates through December 31, 1992 under a transition clause. It expressly declined 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.