Does the retroactive clause involve ex post facto legislation?
3. Does the limited scope of the bill render it special legislation? ANALYSIS Does the bill take property without due process of law? The public utility rebates dealt with in KRS 393.080 are the property of the ratepayer, held by the public utility for the sole purpose of returning this money to those persons. Any bill which would deprive the ratepayer of this rebate would constitute the taking of property without due process of law. Such taking is prohibited by both the State and Federal Constitutions. House Bill 72 deals with this in Section 2(2), where the agency or agencies designated to carry out the provisions of this section are required to preserve the rights of persons or rate payers entitled to claim a refund under KRS 393.080, and may utilize any funds held by the agency or agencies for this purpose. The other group that potentially could lose a property right would be any workers’ compensation claimant, who must waive any claim against the Commonwealth or any of its agencie
