Request By:
Mr. George L. Atkins
Auditor of Public Accounts
Capitol Annex
Frankfort, Kentucky 40601
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
H.B. 247 has passed the 1978 General Assembly and been signed by the Governor. Section 25 creates a new section in KRS Chapter 64 by providing that the county clerk of any county shall receive a maximum annual expense allowance of $3600 to be paid out of fees collected by the clerk.
You ask if you can correctly assume the following:
"1. House Bill 247 becomes law June 17, 1978, therefore, on June 30, 1978 the clerk will have $1,800 due as expenses if there are fees available.
"2. Beginning July, 1978 and each month thereafter the clerk will receive $300 as long as there are fees available or are received from the fiscal court."
As to question 1, the answer is "yes", since the bill reads: "annual expense allowance." (Emphasis added). That clearly indicates an intent to make the bill retroactive to January 1, 1978, since "annual" in this context means the calendar year. See KRS 446.080(3); and Taylor v. Asher, Ky., 317 S.W.2d 895 (1958).
Concerning question no. 2, the answer is "yes". See Section 25(2) of H.B. 247.