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Request By:

Mr. Elmer C. Schaefer
Executive Board Member
Kentucky Municipal Finance
Officers Association
2332 Royal Drive
Fort Mitchell, Kentucky 41017

Opinion

Opinion By: David L. Armstrong, Attorney General; By Susan G. Leavenworth, Assistant Attorney General

You have asked us to review OAG 82-456 as it relates to the maximum tax rate permitted by KRS 132.027(1)(b) and a situation of positive net assessment growth.

OAG 82-456 concluded that the maximum tax rate, in such a situation, is the rate that was levied in the preceding year. However, upon reconsideration, we have concluded that this is incorrect. To make such a holding, the words "exclusive of revenue from net assessment growth" in KRS 132.027(1)(b) would have no meaning. A statute should be construed so that no part of it is rendered meaningless. Brooks v. Meyers, Ky., 279 S.W.2d 764 (1955). The calculations for the maximum tax rate must take into account this exclusion. Such a calculation would derive a rate that may or may not be the same rate as was applied in the preceding year.

To the extent it is inconsistent with this opinion, OAG 82-456 is modified.

Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Type:
Opinion
Lexis Citation:
1984 Ky. AG LEXIS 304
Cites:
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