OAG 96-020 | KOGC

Request By:

General Assembly per HB 287, as amended

Opinion

Opinion By: A.B. CHANDLER, ATTORNEY GENERAL; SCOTT WHITE, DIRECTOR, CIVIL AND ENVIRONMENTAL LAW DIVISION

Subject: Constitutionality of House Bill 287, as amended

Syllabus: House Bill 287, as amended, an amendment to KRS 393.080, is constitutional and bears the required reasonable relationship

OAGs Cited: OAG 96-7(f)

Statutes Construed: KRS 393.080

OPINION OF THE ATTORNEY GENERAL

For the reasons set forth in OAG 96-7, we find that HB 287, as amended, is constitutional. We further find, also for the reasons set out in OAG 96-7, that there is a reasonable relationship between the source of, and the reason for, the refund held by Kentucky Utilities and the unpaid liability of South East Coal Company, within the meaning of KRS 393.080 as amended by House Bill 287, as amended.

A.B. CHANDLER, ATTORNEY GENERAL; SCOTT WHITE, DIRECTOR, CIVIL AND ENVIRONMENTAL LAW DIVISION

LLM Summary

In OAG 96-020, the Attorney General, referencing the conclusions made in OAG 96-07, affirmed the constitutionality of HB 287, as amended. Additionally, the decision confirms the reasonable relationship between the financial transactions and liabilities specified in the statute, aligning with the analysis previously detailed in OAG 96-07.

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