Did Kentucky's AG find amended House Bill 287 on utility refunds and unpaid liabilities constitutional?
Apply this to your situation
This page answers the general question as of 1996. Ask about yours and see what current Kentucky law means for your facts, with citations you can check.
Plain-English summary
In April 1996, Kentucky's Attorney General found amended House Bill 287 constitutional. He also found a reasonable relationship between the source of, and reason for, a refund held by Kentucky Utilities and South East Coal Company's unpaid liability within the meaning of KRS 393.080 as the bill would amend it.
The opinion is brief. It expressly adopted the reasons in OAG 96-7. OAG 96-20 did not repeat that analysis or say whether House Bill 287 had become law.
Currency note
This opinion was issued in 1996. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Historical summary
Legislators considering the amendment
The AG concluded that House Bill 287, as amended, passed the constitutional question presented to him. He gave no separate analysis in this opinion, directing readers to OAG 96-7 for the reasons.
Utility customers and readers concerned with the unpaid liability
The opinion found a reasonable relationship between the source of, and reason for, Kentucky Utilities' refund and South East Coal's unpaid liability, within the meaning of KRS 393.080 as the amended bill would change it. It did not identify the type of liability or say who could claim the refund.
Common questions
Did the AG find amended House Bill 287 constitutional?
Yes. OAG 96-20 states that conclusion and adopts the reasons in OAG 96-7.
What connection did the AG find between the refund and unpaid liability?
He found a reasonable relationship between the source of, and reason for, Kentucky Utilities' refund and South East Coal's unpaid liability.
Does this opinion contain its own detailed constitutional analysis?
No. It relies on OAG 96-7 for its reasons. The two official opinions should be read together for that analysis.
Background and statutory framework
The General Assembly requested this opinion under House Bill 287, as amended. The proposed measure would amend KRS 393.080. The AG's brief conclusion relied on the reasons in OAG 96-7, without restating them.
Citations and references
- House Bill 287
- KRS 393.080
- OAG 96-7
Source
- Landing page: https://www.ag.ky.gov/Resources/Opinions/Opinions/OAG96-020.htm
- Related opinion: https://www.ag.ky.gov/Resources/Opinions/Opinions/OAG96-007.htm
Original opinion text
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
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