Mike Hilgers

Nebraska Attorney General

Attorney General Opinions

Opinions of the Attorney General are prepared in response to a specific legal question from a state agency or state official in instances where that agency or official has need of a legal opinion in the performance of their duties.  The Attorney General may provide an opinion to state legislators on a question relating to proposed or pending legislation, or when the opinion request “pertains directly to the performance of some function or duty by the Legislature itself.”  (Op. Att’y Gen. No. 157 (December 20, 1985) at 1.)  The Attorney General may also provide opinions to county attorneys when the question posed relates to “all criminal matters and in matters relating to the public revenue.”  Neb. Rev. Stat. § 84-205(3) (2014).  Attorney General Opinions issued after 1989 are available below.

The Attorney General is not authorized to give opinions to local governmental officials or private citizens.

Number Date(asc) Title PDF
17-004 6/5/2017 Application of the Open Meetings Act in Certain Circumstances PDF icon 17-004
17-003 5/15/2017 (1) Executive Director's Part-Time Work With Telecommunications Consulting Firm As Violation Of The Oath Required By Neb. Rev. Stat. § 75-106 (2009); And (2) Validity Of Executive Director's Employment Contract Permitting Termination For "Just Cause". PDF icon 17-003
17-002 4/17/2017 Constitutionality of LB 44 - The Remote Seller Sales Tax Collection Act. PDF icon 17-002
17-001 1/10/2017 Authority of a Register of Deeds to Refuse to Record an Instrument or to Withdraw an Instrument After Recording PDF icon 17-001
16-012 11/4/2016 Whether the State Treasurer may loan funds to Gage County pursuant to Neb. Rev. Stat. § 13-918 to pay a judgment awarded to the "Beatrice 6" under 42 U.S.C. § 1983 PDF icon 16-012
16-011 10/12/2016 Allowance of an Additional Surcharge or Convenience Fee for Credit Card Payments Made Through Nebraska lnteractive's PayPort Point-of-Sale Payment System PDF icon 16-011
16-010 8/15/2016 Propriety of the Use of Tax Increment Financing for the Acquisition, Planning and Preparation for Development of Undeveloped Vacant Land Under Neb. Rev. Stat.§ 18-2123 (2012) PDF icon 16-010
16-009 7/8/2016 Whether "Dry Needling" is within the scope of practice of Nebraska physical therapists, occupational therapists and athletic trainers; Role and authority of professional licensing boards to advise practitioners as to scope of practice PDF icon 16-009
16-008 4/1/2016 Constitutionality of LB 830-Requiring Cash Payouts of Accrued Vacation Leave Which Exceeds Maximum Limits in Lieu of Forfeiture PDF icon 16-008
16-006 3/16/2016 Whether the Child Welfare Services Protection Act Proposed Under LB 975, as Amended, Violates State or Federal Law PDF icon 16-006