Nebraska Attorney General Opinions

Attorney General Opinion No. 08-005: Whether the provisions of 2008 Neb. Laws LB 1096, § 4 are retroactive to include all qualifying funds collected by volunteer fire departments prior to the effective date of LB 1096, and if so, whether those funds collected prior to the effective date of LB 1096 may be claimed by the taxing authority supporting the volunteer fire department

Jun 16, 2008

Attorney General Opinion No. 08-004: Constitutional Rights Of Petition Circulators And Blockers On Private Property In Nebraska

Jun 6, 2008

Attorney General Opinion No. 08-003: Enforceability Of Neb. Rev. Stat. § 53-169.01 After Amendment Of That Section Was Found To Be Unconstitutional

Feb 26, 2008

Attorney General Opinion No. 08-002: If the Board of Parole is mandated to review cases annually if an offender was sentenced to the Department of Correctional Services prior to the statutory change in review schedule as set forth in LB 1241 of the 1986 Legislative session

Jan 14, 2008

Attorney General Opinion No. 08-001: Use of Construction Management at Risk Method by Community Colleges

Jan 7, 2008

Attorney General Opinion No. 07-017: Number of Hours That May Be Worked by Firefighters Assigned to Work Shifts of Less Than Twenty-four Hours Under Neb. Rev. Stat.§ 35-302 (2004)

Nov 21, 2007

Attorney General Opinion No. 07-016: Nebraska State Historical Society; Application of State Accounting and Budget Procedures to Miscellaneous Receipts and Expenditures of the Historical Society

Sep 24, 2007

Attorney General Opinion No. 07-015: (1) Whether Neb. Rev. Stat. § 84-1001 requires brand inspectors to work a forty-hour work week. (2) Whether it is possible for on-call hours to satisfy Neb. Rev. Stat. § 84-1001, even though they do not satisfy wage and hour laws. (3) Whether the Legislature could pass a law applying only to the Brand Committee that would exempt it from § 84-1001 (1)

Sep 17, 2007

Attorney General Opinion No. 07-014: Nebraska Veterans' Aid Fund; Investment Authority of the State Investment Officer and the Nebraska Investment Council

Jun 14, 2007

Attorney General Opinion No. 07-013: Authority of Nebraska State Patrol to Issue Administrative Subpoenas to Obtain Electronic Records of Subscriber Information Which Does Not Include Content from Providers of Electronic Communication Services

Jun 12, 2007

Attorney General Opinion No. 07-012: Final Reading Version Of LB 395; Legal Issues Involving A Statewide Smoking Ban

May 29, 2007

Attorney General Opinion No. 07-011: LB 198; Constitutionality Of Restrictions On Dissemination Of Prerecorded Political Messages And Political Messages Sent Using Automatic Dialing-Announcing Devices

May 10, 2007

Attorney General Opinion No. 07-010: Constitutionality of AM 826 to LB 658 Relating to the Reestablishment of Class I School Districts

Apr 26, 2007

Attorney General Opinion No. 07-009: Credit Unions: Preemption of State Law By Regulation of the National Credit Union Administration

Apr 10, 2007

Attorney General Opinion No. 07-008: Continued validity of Op. Att'y Gen. No. 93009 (February 19, 1993); Constitutionality of "fair share" payments by non-union employees under art. XV, § 13 of the Nebraska Constitution

Apr 4, 2007

Attorney General Opinion No. 07-007: Statute of Limitations for claims filed under the Miscellaneous Claims Act, Neb. Rev. Stat. § 81-8,294 to 81-8,301 (2003).

Feb 27, 2007

Attorney General Opinion No. 07-006: LB 39 - Constitutionality of Prohibition Against the Payment of Petition Circulators Based on the Number of Signatures Collected

Feb 20, 2007

Attorney General Opinion No. 07-005: Whether the Omaha Tribe's Alcoholic Beverage Control Title, Title 8 of the Omaha Tribal Code, impairs the power of the Nebraska Liquor Control Commission to regulate the sale and distribution of alcohol on tribal lands; Whether the City of Pender and certain land near Pender are part of the Omaha Indian Reservation

Feb 15, 2007

Attorney General Opinion No. 07-004: Authority Of The Legislative Performance Audit Committee To Review Agency Records Subject To The Attorney/Client Privilege

Feb 9, 2007

Attorney General Opinion No. 07-003: State Investment Council and State Treasurer; Policy for Distribution of Interest, Premiums, Dividends, Capital Gains, or Other Income for the Nebraska Veteran's Aid Fund, the Nebraska Cultural Preservation Endowment Fund, the Bessey Memorial Fund, the Nebraska Environmental Endowment Fund, the Permanent School Endowment Fund, the Normal School Endowment Fund, and the Agricultural Endowment Fund

Feb 8, 2007

Attorney General Opinion No. 07-002: Unlicensed Assistants Under the Nebraska Veterinary Practice Act

Jan 24, 2007

Attorney General Opinion No. 07-001: Constitutionality of audiovisual court appearances conducted without a written waiver

Jan 16, 2007

Attorney General Opinion No. 06-015: "Notice of Risks" Requirement Contained in Neb. Rev. Stat. § 44-3522, as amended by 2006 Neb. Laws, LB 875

Nov 21, 2006

Attorney General Opinion No. 06-014: Whether the general statutes of Nebraska pertaining to the treatment and disposition of dead bodies and cemeteries prohibit the reburial of Native American skeletal remains on private or state land within the State of Nebraska with the consent of the landowner, where reburial is done pursuant to the provisions of the Unmarked Human Burial Site and Skeletal Remains Protection Act of 1989, Neb. Rev. Stat.§§ 12-1201 through 12-1212, and the Native American Graves Protection and Repatriation Act of

Nov 9, 2006

Attorney General Opinion No. 06-013: Nebraska's Ability to Withdraw from Platte River Recovery Implementation Program Cooperative Agreement

Oct 20, 2006

Attorney General Opinion No. 06-012: Whether In Light of Equal Protection Concerns, It Would Be "Prudent" to Delete the "Notice Of Risks" Requirement Added To Neb. Rev. Stat. § 44-3522 (2004) By LB 875 In 2006

Aug 28, 2006

Attorney General Opinion No. 06-011: Whether the statutory change sought by LB 563, 99th Legislature, is necessary to put the State of Nebraska in conformity with the Alcohol and Tobacco Tax and Trade Bureau's final regulations, 27 CFR Parts 7 and 25, related to flavored malt beverages (FMBs)

Jul 20, 2006

Attorney General Opinion No. 06-010: Facial Unconstitutionality of 2006 Initiative Petitions Related to Gambling

Jul 10, 2006

Attorney General Opinion No. 06-009: Oversight of Providers of Continuing Education for Appraisers

Jul 5, 2006

Attorney General Opinion No. 06-008: Whether the Nebraska Law Enforcement Training Center is Obligated to Provide Initial Training for Jail Staff as Such Training is Required by Chapter 2, § 003.02 of the Standards for Jail Facilities Promulgated by the Nebraska Jail Standards Board

May 25, 2006

Attorney General Opinion No. 06-007: Whether the original bill of sale must be filed with the Brand Committee, in order to satisfy the requirements of Neb. Rev. Stat. § 54-1,111 of the Nebraska Brand Act and whether the Brand Committee should accept copies or facsimiles in satisfaction of Neb. Rev. Stat. § 54-1,111

May 25, 2006

Attorney General Opinion No. 06-006: Whether a Discount Offered by a Cigarette Manufacturer to Wholesale Customers Paying Invoices by Electronic Funds Transfer Qualifies as a "Discount for Cash Afforded for Prompt Payment" Which Should be Subtracted from the "Basic Cost of Cigarettes" under the Nebraska Unfair Cigarette Sales Act, Even Though the Manufacturer Does Not Offer the Same Discount to Wholesalers That Are Not Customers Because They Do Not Qualify for the Manufacturer's Direct Sales Program

Apr 12, 2006

Attorney General Opinion No. 06-005: Use of Tax Exempt License Plates

Mar 14, 2006

Attorney General Opinion No. 06-004: Nebraska Public Employees Retirement Systems; Entitlement to Dividend Disbursements in Cash Balance Benefit Plans in the State and County Employees Retirement Systems

Jan 9, 2006

Attorney General Opinion No. 06-003: Nebraska Public Employees Retirement Systems; Authority of the Public Employees Retirement Board to Issue Dividends in Cash Balance Benefit Plans of the State and County Employees Retirement Systems

Jan 9, 2006

Attorney General Opinion No. 06-002: Whether a Farm Winery licensee (ClassY) can obtain a retail license in addition to its existing license to sell liquor product not produced at the winery

Jan 3, 2006

Attorney General Opinion No. 06-001: Whether the Department of Correctional Services Can Authorize Withholding of a Percentage of Wages Paid to Inmates on Work Release for Deposit Into the Victim's Compensation Fund

Jan 3, 2006

Attorney General Opinion No. 05-014: Applicability of the Open Meetings Act to Appeal Hearings Conducted by the Veterans' Advisory Commission

Nov 19, 2005

Attorney General Opinion No. 05-013: Retention of Passport Execution Fees By Clerk of the District Court

Oct 4, 2005

Attorney General Opinion No. 05-012: Approval Of Sexual Assault Evidence Collection Kits

Sep 2, 2005

Attorney General Opinion No. 05-011: Whether the State Ombudsman Is Entitled to Inspect and Examine Presentence Investigation Reports that Are Incorporated into Inmate Files Maintained in the Custody of the Department of Correctional Services

Jul 22, 2005

Attorney General Opinion No. 05-010: Does the Nebraska Equal Opportunity Commission (NEOC) Have Jurisdiction to lnvestigate a Claim of Housing Discrimination When the Complainant Has Signed a Release Releasing the Respondent From All Allegations Made by the Complainant Regarding His/Her Tenancy Including Any Subsequent Allegations of Discrimination?

Jul 6, 2005

Attorney General Opinion No. 05-009: Whether the Additional State Lottery Fund Distributions to the Compulsive Gamblers Assistance Fund Proposed in LB 332, or as Amended by Pending AM0795 or AM1338, Contravene the Distribution Scheme Established in Neb. Const. art. Ill, § 24

May 18, 2005

Attorney General Opinion No. 05-008: Sale or Lease of the Hastings Correctional Center to a Private Contractor

May 12, 2005

Attorney General Opinion No. 05-007: Operation Of A Public Board - Number Of Votes Required To Adopt A Measure; Abstention And Recusal Due To A Conflict Of Interest, And Their Effect On The Presence Of A Quorum

Apr 12, 2005

Attorney General Opinion No. 05-006: Investment Authority of Cities of the Primary Class to Make De Minimus Investments in Federally Regulated Funds and Securities Under Applicable State Law

Mar 8, 2005

Attorney General Opinion No. 05-005: Whether Licensed Electricians Have the Authority to Design, Plan, Lay Out and Supervise Electrical Installations Performed for Another, for Electrical Light, Heat, Power, and Other Purposes

Mar 2, 2005

Attorney General Opinion No. 05-004: The Issue of Restoration of Firearms Rights to Individuals Who Have Been Convicted of the Misdemeanor Offense of Domestic Assault

Mar 2, 2005

Attorney General Opinion No. 05-003: Whether the Nebraska Board of Parole Can Allow Parole Officers From Outside of Lincoln to Testify Via Telephone Conference at Review of Parole Hearings (Revocation Hearings)

Feb 24, 2005

Attorney General Opinion No. 05-002: Constitutionality of Proposed Amendment to Neb. Rev. Stat.§ 32-561; Simultaneous Service in the Legislature and in the Military

Feb 17, 2005