Request By:
Mr. Vic Hellard, Jr.
Director
Legislative Research Commission
State Capitol Building
Frankfort, Kentucky
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
During the 1982 Regular Session of the General Assembly, two amendments were enacted to KRS 24A.175, both of which raised the fees for costs for criminal cases in district court.
H.B. 441, Section 19, amended KRS 24A.175(1)(a) by increasing the cost described therein from $20.00 to $25. It amended KRS 24A.175(1)(b) by increasing the cost described therein from $25.00 to $30.00. It added subsection (6) to KRS 24A.175, which provides that "The circuit clerk, shall, at the time fines and costs are paid over to the state, pay five dollars ($5.00) from each court cost collected pursuant to subsection (1) of this section to the state treasury for the benefit and use of the Kentucky local correctional facilities construction authority pursuant to Sections 1 to 21 of this Act."
H.B. 813, Section 3, amended KRS 24A.175(1)(a) by increasing the cost described therein from $20.00 to $27.00. It amended KRS 25A.175(1)(b) by increasing the cost described therein from $25.00 to $32.00.
Your question:
"In order to give effect to both bills, would it be permissible to combine them and thereby increase such fees in the amount of twelve dollars? "
House Bill 441 is "An Act relating to Jails. " It creates within the Department of Finance a Kentucky Local Correctional Facilities Construction Authority, whose purpose is to construct jails for county governments (including urban county government). The bill adds subsection (6) to KRS 24A.175, which provides that $5 from each court cost collected under subsection (1) shall be for the benefit and use of the Kentucky Local Correctional Facilities Construction Authority. Thus the $5 increase of costs listed under KRS 24A.175(1)(a) and (b) help in the funding of county jails constructed by the Authority.
H.B. 813 is an "Act relating to fees and costs for utilizing state services" (performed by state employees or officers).
Under this analysis, the two bills, in increasing such court costs, had two different purposes in mind. For that reason they cannot be considered in duplication of each other.
H.B. 441 was signed by the Governor on April 1, 1982. H.B. 813 was signed by the Governor on April 1, 1982. Under H.B. 14 (1982 session) where two bills amend the same statute, the one last enacted governs in case of conflict. H.B. 813 was the last bill enacted. However, the principle of H.B. 14 does not apply, since there is no conflict in the two bills.
We have been informed that the budget people in the State Finance Department have already in state budget work papers made a calculation as to how much money will be brought in by the $7.00 increase in court costs in H.B. 813.
Although the two bills are generally similar in that they involve court cost increases, there is no express nor implied basis for repeal of one by the other. Thus effect must be given to both. See Brown's Adm'r v. Miller, 27 Ky. 474, 4 J.J. Marsh. 474 (1830); and Lee v. Fister, (C.C.A. -6, 1969) 413 F.2d 1286, 1289. The court, in Lee v. Fister, pointed out that "Two corollary Kentucky rules of statutory construction are helpful in this regard. The first is that apparent conflicts in statutes on the same general subject matter should be reconciled whenever possible; the second is repeal by implication is to be avoided whenever possible." In Brown v. Hoblitzell, Ky., 307 S.W.2d 739 (1957) 744, we find this statement of the court:
Apparent conflicts or repugnancies between statutes on the same general subject enacted at different times should be reconciled in the light of the existing statutes and Constitution. Cawood v. Coleman, 294 Ky. 858, 172 S.W.2d 548; Burbank v. Sinclair Prairie Oil Co., 304 Ky. 833, 202 S.W.2d 420. If the conflict cannot be reconciled, the later statute controls. Butcher v. Adams, 310 Ky. 205, 220 S.W.2d 398.
For reasons pointed out above, there are no apparent conflicts, and thus the $5 increase of H.B. 441 and the $7 increase of H.B. 813 must be added together for a total of $12 increase of the court costs dealt with in KRS 24A.175(1)(a) and (b).