Request By:
Mrs. Barbara M. Williams
State Librarian
Department of Library and Archives
P.O. Box 537
Frankfort, Kentucky 40601
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: James S. Goldberg, Assistant Attorney General
This letter is in response to your correspondence of May 10, 1977, in which you state that KRS 68.510 - 68.550 is being proposed as a method to establish a tax for library purposes. Therefore, you ask:
1) Does this supercede K.R.S. Chapter 173 for the establishment of public libraries?
2) If a tax should be voted upon, under K.R.S. 68.510 - 68.550, would the establishment of the board of trustees be subject to K.R.S. Chapter 173?
In this regard, we observe that "[i]t is the intent of KRS 68.520 to 68.550 to provide to counties within the Commonwealth of Kentucky, subject to provisions for election set forth in KRS 68.520 to 68.550, additional revenues for public service programs, through voted levies of ad valorem taxes and license taxes." KRS 68.510. A "public service program" is defined to be "any newly instituted or expanded service program to be performed by any county for the benefit of its citizens, which is approved by the electorate of such county as provided in KRS 68.510 to 68.550." KRS 68.520.
In that the provisions of KRS 68.510 to 68.550 do not specify any particular type or kind of public service program, it is clear that these statutes are broad and general in nature.
On the other hand, we note that, unlike the general provisions of KRS 68.510 to 68.550, KRS Chapter 173 specifically deals with the establishing, equipping, maintaining and administering of public libraries within the Commonwealth of Kentucky. In the case of
City of Bowling Green v. Board of Education, Ky., 443 S.W.2d 243, 247 (1969), the Court of Appeals of Kentucky enunciated as an established rule of statutory construction that "as between legislation of a broad and general nature on the one hand, and legislation dealing minutely with a specific matter on the other hand - the specific shall prevail over the general." See also
Morton v. Auburndale Realty Company, Ky., 340 S.W.2d 445, 446 (1960).
Therefore, in answer to your first question, it is the position of this Office that the provisions of KRS Chapter 173 are exclusively controlling for the purpose of establishing public libraries within the Commonwealth of Kentucky. It follows that the establishment of the board of trustees must also be done in accordance with the provisions of KRS Chapter 173.
We hope that this opinion will satisfactorily answer all your questions. If we can be of any further service, please do not hesitate to call upon us.