[1996/oagheade.htm]

OAG 96-20

April 25, 1996

Subject: Constitutionality of House Bill 287, as amended

Written By: Scott White

Requested By: General Assembly per HB 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