Request By:
Representative N. Clayton Little
Route 1, Box 407
Virgie, Kentucky 41572
Opinion
Opinion By: Steven L. Beshear, Attorney General; Joe Johnson, Assistant Attorney General
In your letter to this office dated January 20, 1983, you set forth the following legal problem:
The 1982 General Assembly enacted a law which establishes birth-month registration for motor vehicles. In order to implement that law, the Department of Vehicle Regulation has offered registration periods for more than twelve months. KRS 186.051 authorizes this practice; however, my concern is with the clerks' fee.
KRS 186.040(1) states that the clerks' fee for each registration shall be two dollars. The current practice is the collection of a $4.00 fee under the premise that registration is being provided in two separate calendar years. My question to you is whether KRS 186.051, which authorizes motor vehicle registration for greater than twelve months, would constitute a single registration, and, therefore a $2.00 clerk fee.
I would appreciate a reply to this question before February 22. The Interim Joint Committee on Transportation will meet on that date to discuss this issue. The opinion of your office should provide the committee with sufficient information to determine whether additional legislation is needed during the regular session of the 1984 General Assembly.
KRS 186.051(1) provides that a registration year may be more than twelve (12) months. As we noted in a companion opinion OAG 83-47, the registration year is the registration period based on the birth month of the owner.
KRS 186.040 provides for a county clerk's fee of two dollars ($2.00) for each registration.
A registration for greater than twelve (12) months constitutes a single registration. Therefore, even when a registration year should exceed twelve (12) calendar months, the clerk is not entitled to more than a two dollar ($2.00) fee.
If we can provide any further information, please let us know.