Request By:
Honorable Vic Hellard, Jr.
Director
Legislative Research Commission
State Capitol
Frankfort, Kentucky
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of June 18 in which you relate the following facts and question concerning Senate Bill 133 enacted at the 1980 legislative session:
"Section 3 states as follows: 'Section 3. Acts 1978 Chapter 138, Section 12, is amended to read as follows:
"'Section 12. Sections 5 through 12 of this Act shall become effective on July 1, 1978 [, and shall expire on June 30, 1980].'
"The General Assembly deleted the expiration date for Sections 5 through 12 (KRS 140.300 to 140.360), which seems to indicate that the members of the General Assembly did not intend for those sections to expire as previously indicated. The problem arises due to the fact that the effective date of Senate Bill 133 is July 15, 1980, as it contains no emergency clause.
"My question is whether KRS 140.300 to 140.360 are in effect from June 30, 1980 to July 15, 1980."
Senate Bill 133 repeals the expiration date of Sections 5 through 12 (KRS 140.300 to 140.360) which was June 30, 1980, thereby continuing the effectiveness of this legislation. However, Senate Bill 133 does not become effective until July 15 which leaves the question of whether KRS 140.300 to 140.360 are nonexistent for approximately fifteen (15) days, from July 1 to July 15.
Our response to your question would be that Sections 5 through 12 (KRS 140.300 to 140.360) continue in effect during the so-called hiatus period under the general principles of statutory construction to the effect that the letter of the statute will not be followed where it would lead to an absurd or impracticable construction. Martin v. Louisville Motors, 276 Ky. 696, 125 S.W.2d 241 (1939). In Swift v. Southeastern Greyhound Lines, 294 Ky. 137, 171 S.W.2d 49 (1943), the court pointed out that it is never to be presumed that the legislature intended to enact an absurd statute or intended to do a useless or futile thing. Reeves v. Fidelity & Columbia Trust Co., 293 Ky. 544, 169 S.W.2d 621 (1943); and Washburn v. Paducah Newspapers, 275 Ky. 521, 121 S.W.2d 911 (1938). Also, it has been held that the court may modify the language of a statute in order to make it consistent. Green v. Moore, 218 Ky. 305, 135 S.W.2d 682 (1940).
It is clear that the legislature intended to continue the uninterupted effectiveness of the 1978 Act by the deletion of the expiration date in S.B. 133. Thus, based upon this obvious intent and the case law cited above, we are of the opinion that KRS 140.300 to 140.360 will continue to be effective during the intervening period between July 1, 1980 and July 15, 1980, the effective date of S.B. 133.