Request By:
Mr. Drewie Muncy
Martin County Attorney
Courthouse
Inez, Kentucky 41224
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
You have questions concerning clerk's fees.
Question No. 1:
"May the county clerk charge in excess of Three-Dollars-and-Fifty-Cents ($3.50) for a certified copy of a deed consisting of three (3) pages or less?"
Under KRS 64.012, the clerk must charge $3.50 for a certified copy of a deed. Thus the clerk cannot charge in excess of $3.50 for a certified copy of a deed. KRS 61.874(2) [a reasonable fee for copies of public records] is a general statute that applies where there is no other applicable fee statute. Moreover, KRS 64.012 is a specific statute pertaining to county clerk fees. As such, the specific statute [KRS 64.012] governs over the general statute [KRS 61.874(2)]. City of Bowling Green v. Board of Education, Ky., 443 S.W.2d 243 (1969) 247. KRS 64.012 was enacted some two years after KRS 61.874. The statute, KRS 64.012, is explicit on the point that a certified copy of a deed is $3.50, regardless of how many pages are involved. We must accept the literal wording of the statute, which reads: "certifying copy of a deed . . . $3.50." (Emphasis added).
Question No. 2:
"Would an arbitrary figure of One-Dollar ($1.00) per page for photocopying be an unreasonable fee for photocopying? "
KRS 61.874(2) provides that "The public agency may prescribe a reasonable fee for making copies of public records which shall not exceed the actual cost thereof not including the cost of staff required."
As we said, KRS 61.874(2) is a residual and general statute and applies where there is no other applicable fee statute. Where the county clerk furnishes copies of the clerk's records, KRS 64.012 will apply if any of the language on that schedule is applicable to the particular clerk's record. For example, the fee for a copy of any bond is $1.50 under KRS 64.012, because the language in that schedule says so. But there is no mention in KRS 64.012 of the fee for a copy of a marriage license. In the latter situation, the clerk could charge a reasonable fee, provided the fee does not exceed the actual cost, as set forth in KRS 61.874(2). Because of the factual cost determination involved, we cannot determine whether or not $1.00 per page would be unreasonable. We can only cite the statutory guideline.
Question No. 3:
"What criteria should the clerk use in establishing a reasonable fee for photocopying public documents?"
Since the cost computation cannot include the officer personnel cost, it can only relate to the cost in terms of the copier machine, paper and allied supplies. The public agency concerned should consult the manufacturer of the copier to determine what such a cost factor would be. Of course the "reasonable fee" provision of KRS 61.874(2) applies only where there is no other statute prescribing the fee.