“My questions are about the process and the process only,” Stivers said.
The statute says the Attorney General may “recover (his) reasonable costs” from such litigation but then says: “All remaining funds shall be deposited in the general fund surplus account.”
Stivers said he had discussions with Gov. Beshear late last year about how the money might be used, but around Christmas time it occurred to him “this was an appropriation.” He said he then shared his concerns with Beshear and Conway.
Stivers said he doesn’t intend to challenge the use of the money in court or through legislation though he said others might.
Conway is confident the settlement terms will withstand a challenge.
“We are comfortable we’re on very sound legal ground,” he said. “In fact, we’re operating under a court order.”