Request By:
Mr. David L. Logsdon
Hardin County Clerk
P.O. Box 490
Elizabethtown.
Kentucky 42701
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Elizabeth E. Blackford, Assistant Attorney General
House Bill 247, now KRS 64.012 [enacted 1978 Acts, ch. 84 § 1], establishes a list of fees to be charged by county clerks for performing various services. One portion of that list reads: "Recording plats, maps and surveys, notexceeding 18 inches by 24 inches, perpage$10.00."
You have asked whether, in light of this sentence, plats exceeding 18 X 24 inches are recordable documents.
The phrase "not exceeding 18 inches by 24 inches" is ambiguous. Therefore, we must turn the maxims of statutory construction in order to determine the legislative intent. In interpreting statutes, phrases shall be read in context and shall be read so as to give the statute practical effect. KRS 64.012 does not purport to establish the form a plat must meet in order to be a recordable instrument (this is done in KRS Chap. 100), it merely establishes a fee charge list. In light of this fact, the only contextual and practical reading of that sentence is one which allows the county clerk to charge $10.00 per page for plats, maps or surveys which are not larger than 18 X 24 inches. This office does not believe that that phrase suffices to establish a size requirement for plats. Therefore, it is the opinion of this office that plats exceeding 18 X 24 inches are recordable documents. Furthermore, since there is no express fee authorized to be charged for a plat exceeding 18 X 24 inches, it is the opinion of this office that the fee charged shall be $10.00 per page; the same as the fee to be charged for plats not exceeding 18 X 24 inches.
Despite the foregoing opinion, we understand the need for uniformity in the size of recorded plats. Plats at best are difficult and awkward to handle. Offering plats for recordation which exceed 18 X 24 inches can only aggravate the problem. Thus, this office recommends that those offering plats for recording should consider the 8 X 24 inches as a guide to be complied with whenever possible.
You also asked whether KRS 186.045(3), as amended, which says that a financing statement on motor vehicles may not be filed in order to perfect if the financing statement and current registration receipt are not presented for filing within 15 days of execution of the security agreement, is constitutional. As we have explained, this matter may only be resolved in a court action. Therefore, the rules and regulations governing this office prohibit us from issuing a formal opinion on this matter.
You have a copy of OAG 78-423 in which we said that KRS 186.045(3) is a mistake and not truly reflective of legislative intent in that the section would operate, if given effect, to contravene the declared policy of allowing the provisions of KRS Chap. 355 plenary and exclusive dominion over secured transactions.
We would add, at this point, that it is the opinion of this office that the County Clerk may not refuse to file a financing statement even though offered for filing more than 15 days after execution of the security agreement. The power of the county clerk is purely administrative, not judicial.
If KRS 186.045(3) is constitutional, its effect is to establish a 15-day statute of limitations for filing in order to perfect. The statute does not cause a financing statement to become an unrecordable instrument. It merely says it may not be filed in order to perfect after 15 days. The county clerk, as an administrative officer, does not have the power to refuse to file/record an otherwise recordable instrument merely because the document would be without legal effect. By way of illustration, the filing of a financing statement after the 15-day period has expired is analogous to the filing of a complaint in a circuit court after the statute of limitations on the cause of action contained in the complaint has run. Like the circuit court clerk, the county clerk must, in performance of his administrative duties, file the document so long as it comports with the requirement of a recordable instrument. Thereafter the court, through its judicial power, shall determine what legal effect the filed document shall have. For these reasons, regardless of any constitutional ramifications, the county clerk may not refuse to file an otherise recordable financing statement after the 15-day period has expired.
In light of the above, it is unnecessary to answer your question as to whether the 15-day period shall be computed by calendar days or by working days at this time.