Request By:
Mr. James Hite Hays
Shelby County Attorney
501 Main Street
Shelbyville, Kentucky 40065
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
You refer, in your letter, to OAG 80-175, in which opinion we concluded that the county judge/executive must, in filling the office of county treasurer, nominate a person for that office, pursuant to the express terms of KRS 67.710(8).
We pointed out in that opinion that KRS 67.710(7) embraces county employees, generally, and that KRS 67.710(8) specifically applies to the county treasurer under the language "designated administrative positions." The county treasurer is an office for a specific term of years. Thus under KRS 67.710(8), at present, the county judge/executive must nominate a person to fill the office of county treasurer, subject to the approval of the fiscal court.
On the other hand, KRS 68.010, at present, provides that the fiscal court shall appoint a county treasurer.
We concluded in OAG 80-175 that since KRS 68.010 and 67.710(8) are irreconcilable, the later legislative expression, KRS 67.710(8), must govern. See
Butcher v. Adams, 310 Ky. 205, 220 S.W.2d 398 (1949) 400.
You have written that KRS 67.710(7) provides that the county judge/executive makes the appointment with approval of the fiscal court, unless otherwise provided by state law. We respond to that by saying, as stated above, that KRS 67.710(7) relates to county employees, but not to a statutorily created office.
It is our opinion that under KRS 67.710(8), at present, the county judge/executive must nominate a person for the office of county treasurer, subject to the approval or disapproval of the fiscal court as a body.
KRS 68.010 was amended in 1980 (1980 Acts, Ch. 90, § 1) to provide a term of two years instead of four years. The old language providing that "the fiscal court shall appoint a county treasurer" was carried forward. However, the 1980 amendment becomes effective April 1, 1982. Since the provision that "the fiscal court shall appoint a county treasurer" is made after the enactment of KRS 67.710(8), it is our opinion that on and after April 1, 1982, KRS 68.010, as amended in 1980, would then govern over KRS 67.710(8), since the amended KRS 68.010 would at that time, provided there is no intervening enactment of a contrary nature, be the later legislative expression of legislative intent. (Emphasis added). See
Butcher v. Adams, 310 Ky. 205, 220 S.W.2d 398 (1949) 400. Under the 1980 amendment of KRS 68.010 the fiscal court in all counties in Kentucky must appoint a county treasurer at its regular June term of 1982 for a two (2) year term. Thus the county treasurer in office as of April 1, 1982, will retain his office until his successor is chosen and qualified. Thereafter, the two (2) year term sequence will continue to apply unless and until the statute is amended or repealed.
The 1980 amendment of KRS 68.010 is primarily a re-enactment of the old statute, except for the length of term. The rule is that the re-enactment of an old statute is construed as simply the continuance of the old law.