Request By:
Mr. Maurice P. Carpenter
Commissioner
Department of Revenue
Capitol Annex Building
Frankfort, KY 40601
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Thomas C. Jacobs, Deputy Attorney General
House Bill 23 of the 1976 Acts (Ex. Sess.) Ch. 22, § 76, amended KRS 62.170, relating to blanket bonds, covering Commonwealth officers and employees, to be secured by the Commissioner of Finance and Administration. There are excepted from the blanket bond procedure those state officers, specifically enumerated in KRS 62.160, who are required to secure bond. The amendment added to the blanket bond statute "all judges, clerks and employes of the Court of Justice." (Emphasis added.) The amendment became effective March 19, 1977.
Your question is whether county clerks are included within the blanket bond provision of KRS 62.170 as of January 2, 1978, or will each county clerk be required to obtain an individual bond beginning on that date for state tax revenues they collect?
Under § 109 of the Kentucky Constitution, the Court of Justice consists of the Supreme Court, the Court of Appeals, the circuit court, and the district court. Since the county court clerk is presently not a part of the Court of Justice, the county clerk does not presently come within operative terms of KRS 62.170. As of January 2, 1978, the county court will go out of existence and the district court will come into existence. But the circuit court clerk will be clerk of both the circuit and district courts. Thus as of January 2, 1978, and thereafter, the county clerk will not be a part of the Court of Justice. See KRS 30A.010 [circuit clerk]. Here again [January 2, 1978, and thereafter], the county clerk will not be subject to the provisions of the blanket bond statute, KRS 62.170.
It is our opinion that the blanket repeal of KRS 28.020, as relates to the county clerk, produces a frightening result, when we consider the role of the county clerk, even stripped of the clerk's court duties, especially in the handling of public money. We think it compelling that provisions similar to KRS 28.020 as to the county clerks be continued in view of the obvious necessity for the protection of public funds coming into the clerks hands.
The requirement of the county clerk being covered by the blanket bond will cease to exist on January 2, 1978. We suggest strongly that legislation be introduced on the opening day of the 1978 Regular Session of the General Assembly with an emergency clause attached requiring the bonding of the county clerk. If this legislation is expeditiously passed and signed into law, the void that will be created by House Bill 23 of the 1976 Acts (Ex. Sess.) will exist for no more than 6 to 10 days.
Should your office desire the participation of this office in drafting such legislation, we will be more than glad to accommodate you.