Request By:
Mr. Lyle D. Cobb
Executive Director
Municipal Electric Power Association of Kentucky, Inc.
214 West Main Street
Frankfort, Kentucky 40601
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
House Bill 33 amended KRS 424,260 to provide that a political subdivision (including cities) may expend $5,000 without competitive bid requirements. The question has been raised by the Board of Directors of the Municipal Electric Power Association of Kentucky as to whether or not that figure ($5,000) will revert back to the original amount of $2,500 in January of 1980?
House Bill 33 [1978 Acts, Ch. 197, § 12, effective June 17, 1978] amended KRS 424.260 to provide that cities and counties cannot make a contract, lease or agreement for materials, supplies, or for contractual services other than professional, involving an expenditure of more than five thousand dollars ($5,000) without first making newspaper advertisement for bids. Thus the cutoff amount was raised from $2,500 to $5,000.
At the same session [1978 Acts, H.B. 675, Ch. 110, § 78, effective January 1, 1980], the legislature, as a part of the Kentucky Model Procurement Code, enacted what is now KRS 45A.385, which provides that cities and counties, etc., may use small purchase procedures (without advertised bids) for the award of any contract or purchase which does not exceed an aggregate amount of twenty-five hundred ($2,500).
H.B. 675, carrying the $2,500 provision, was approved by the Governor on March 28, 1978. H.B. 33, carrying the $5,000 provision, was approved on March 30, 1978.
The Kentucky Model Procurement Law is a lengthy, detailed, and specific kind of statutory enactment. At least by January 1, 1980, it obviously is designed to cover comprehensively the matter of local and state procurement.
It is significant to note that KRS 162.070 (covering school board contracts for buildings, improvements, materials, supplies and equipment, based upon competitive bidding) was expressly repealed by H.B. 675 (1978 Acts, Ch. 110, § 106), effective January 1, 1980. The statute provides for bidding where the contract price exceeds five thousand dollars ($5,000).
Even though the bill amending KRS 424.260 was later in time by two days, it is our opinion that the provisions of the Model Procurement Code (KRS 45A.385) must govern over KRS 424.260, as amended. Here, as we said above, we have a detailed, comprehensive and specific kind of legislation by way of the procurement code, as contrasted with the short, skeletal and general legal notices law, KRS 424.260. As was said in
City of Bowling Green v. Board of Education, Ky., 443 S.W.2d 243 (1969) 247, 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. To put it more simply, the statute dealing with the subject in a minute way will prevail over the general statute.
Morton v. Auburndale Realty Company, Ky., 340 S.W.2d 445 (1960) 446.
We think the express repeal of KRS 162.070, a companion to KRS 424.260 in its origin and concept, buttresses our view.
Thus as of January 1, 1980, we are of the opinion that the cut off figure of $2,500 in KRS 45A.385 applies as against the $5,000 provision of KRS 424.260. Here we think that an intention to amend or repeal KRS 424.260 by implication clearly appears, for reasons of repugnancy and difference in statutory treatment (specific versus general).
City of Eddyville v. City of Kuttawa, Ky., 343 S.W.2d 404 (1961) 406.
Of course, prior to January 1, 1980, the provisions of KRS 424.260 will be effective.
The matter of adjusting upward the cutoff figure in KRS 45A.385, in the light of inflation and other pertinent economic data, is a matter that addresses itself to the General Assembly in its 1980 regular session.