Did Kentucky's AG find amended House Bill 287 on utility refunds and unpaid liabilities constitutional?

Short answer Yes. The AG found amended House Bill 287 constitutional and found a reasonable relationship between Kentucky Utilities' refund and South East Coal Company's unpaid liability. This brief opinion adopted the reasons in OAG 96-7.
State
Kentucky
Opinion
OAG 96-20
Issued
April 25, 1996
Issued by
Albert B. Chandler III, Attorney General of Kentucky
Requested by
Kentucky General Assembly

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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.

Disclaimer: This is an official Kentucky Attorney General opinion. AG opinions are advisory and are not binding court precedent. This page is informational and is not legal advice.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official AG opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

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

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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