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 Title PDF
18-010 12/17/2018 Whether an entity which has received both Class "Y" (Farm Winery) and Class "L" (Craft Brewery) licenses issued by the Liquor Control Commission may obtain an additional retail license to sell alcoholic products not produced at the farm winery or craft brewery. PDF icon 18-010
18-009 10/17/2018 Interpretation of the Phrase "An Officer of a State Police Agency of Another State" in Neb. Rev. Stat. § 60-146 (Cum. Supp. 2016), amended by 2018 Neb. Laws LB 909, § 24. PDF icon 18-009
18-008 10/15/2018 The Family Educational Rights and Privacy Act and Information Sharing in the Context of School Safety. PDF icon 18-008
18-007 10/11/2018 Whether the fees charged to participants in the Nebraska Educational Savings Plan Trust are public funds and whether the Legislature may transfer an excess of those fees into the General Fund. PDF icon 18-007
18-006 9/28/2018 Whether the Nebraska Legislature's Archived Videos of Committee Hearings and Floor Debates Are "Public Records" Under the Nebraska Public Records Statutes. PDF icon 18-006
18-005 9/28/2018 Whether Members and Staff of the Nebraska Accountability and Disclosure Commission May Provide Confidential Records to the Auditor of Public Accounts. PDF icon 18-005
18-004 9/28/2018 Constitutionality of Refundable Income Tax Credits in Proposed Constitutional Amendment. PDF icon 18-004
18-003 7/18/2018 Whether the State Treasurer may maintain a trust account which is not specifically provided for by statute for the purpose of paying administrative costs associated with the Nebraska Educational Savings Plan Trust, and whether the funds in that trust account, which are derived from fees charged to plan participants, are state funds. PDF icon 18-003
18-002 3/27/2018 Constitutionality of LB 117, the lnvestigational Drug Use Act, Under the Supremacy Clause of the U.S. Constitution. PDF icon 18-002
18-001 3/21/2018 Constitutionality of the Refundable Income Tax Credits in LB 829 and LB 947. PDF icon 18-001