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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