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2004 Kentucky Attorney General Reports and Opinions 1 (2004)

handle is hein.sag/sagky0027 and id is 1 raw text is: OAG 04-001

OAG 04-001
January 21, 2004
Subject: Constitutionality of a retroactive amendment to
KRS 61.637(7)(a), commonly referred to as the double
dipping provision
Requested by: Brian Crall
State Representative for the 13th District
Written by: Michelle D. Harrison
Assistant Attorney General
Syllabus: Legislation retrospectively prohibiting the
practice of double dipping would necessarily impair
the obligations of the inviolable contract of the
Commonwealth created by KRS 61.510 to 61.705 in
violation of the Contract Clause of the United States
Constitution and Section 19 of the Kentucky
Constitution. Thus, the General Assembly can only
prohibit the practice of double dipping on a
prospective basis.
Statutes construed: KRS 61.637(7)(a), KRS 61.692, KRS
446.110

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