Board of Education v. Independent Board of Education

681 S.W.2d 429, 1984 Ky. App. LEXIS 497
CourtCourt of Appeals of Kentucky
DecidedMay 4, 1984
StatusPublished

This text of 681 S.W.2d 429 (Board of Education v. Independent Board of Education) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of Education v. Independent Board of Education, 681 S.W.2d 429, 1984 Ky. App. LEXIS 497 (Ky. Ct. App. 1984).

Opinion

WILHOIT, Judge.

This appeal arises from a judgment of the Calloway Circuit Court declaring that the appellee, the Independent Board of Education of Murray, has the statutory right to levy and receive all utility gross receipts taxes generated within its own district without any claim by the appellant, the Board of Education of Calloway County. The issue is whether KRS 160.593 and 160.-644 allow the appellee to act as a separate taxing district if it had previously joined with another school district in levying the taxes on a county-wide basis. We affirm.

In 1969, the appellant and the appellee agreed to jointly request the Calloway County Fiscal Court to levy a utility tax pursuant to KRS 160.613 and 160.593. Beginning on August 15, 1969, the tax was collected from each affected utility and distributed to each school district on the basis of average daily attendance pursuant to KRS 160.644. The parties continued to tax jointly and to have the tax distributed on the basis of average daily attendance until May 1982, when the appellee wrote a letter to all interested utilities demanding each to pay the tax directly to it.

The appellee apparently took this action in response to the appellant’s attempt, in August 1981, to modify the parties’ exchange of average daily attendance credit for the nonresident students attending the other’s school district. Instead of allowing the appellee all the Public School Foundation Program monies available for the students in the appellant’s district who attended the appellee’s schools, the appellant wanted the appellee to return one-half of the funds to it.

In response to the appellee’s letter, the appellant petitioned the Calloway Circuit Court for a declaration of rights. Several utility companies intervened for the purpose of paying the proceeds into court. The court held that by virtue of a 1976 amendment to KRS 160.593 the appellee has the right to declare itself to be a separate taxing district for the levying of the utility tax and to collect the proceeds for use in that district.

The appellant contends the appellee cannot become a separate taxing district because it had joined with the appellant prior to 1974 to levy taxes on a county-wide basis. The appellant maintains that the 1974 amendments to KRS 160.593 and 160.-[431]*431644 made it mandatory that those districts that had previously combined to collect taxes on a county-wide basis continue to do so jointly. The appellant argues further that the 1976 amendment to KRS 160.593 deleting the mandatory language had no effect on this requirement because no change was made in KRS 160.644. We disagree.

The issue before us arises out of a set of often-amended statutes. To ascertain the rights of the parties, it is helpful to trace at least a part of the statutory history regarding the utility gross receipts tax for school districts. In 1966, the General Assembly enacted into law provisions codified as KRS 160.593, 160.613, and 160.644. See 1966 Ky.Acts ch. 24, pt. Ill, §§ 1, 9, & 21. KRS 160.593, which is of primary importance in resolving the issue before us, as enacted in 1966, read as follows:

One or more boards of education of school districts which contain at least ninety per cent (90%) of the county’s inhabitants may, after compliance with the public hearing requirement contained in KRS 160.603, request the fiscal court to levy one of the school taxes authorized by KRS 160.593 to 160.597, 160.601 to 160.627, 160.633 to 160.648. The fiscal court shall levy, within fifteen (15) days of such request, the school tax at the rate requested.

KRS 160.644, as enacted in 1966, read:

The school taxes and penalties collected under KRS 160.593 to 160.597,160.601 to 160.627, 160.633 to 160.648 shall be distributed to the treasurer of the board of education of each school district in the county in proportion to the number of pupils in average daily attendance in each district as shown by the final certification by the superintendent of public instruction for the previous school year pursuant to provisions of KRS 157.310 to 157.440.

Together these statutes allowed only the county-wide collection of taxes with the monies distributed among the county’s schools on the basis of average daily attendance. The school district, then, with the most students received the largest share of the tax money regardless of whether that district had the largest population of taxpayers. In 1974, however, these statutes were amended. See 1974 Ky.Acts ch. 125, §§ 1 & 4; ch. 308, § 35.

KRS 160.593 (emphasis added), as amended in 1974, read:

(1) Any board of education of a school district may, after compliance with the public hearing requirement contained in KRS 160.603, request the fiscal court to levy one (1) of the school taxes authorized by KRS 160.593 to 160.597, 160.601 to 160.633, 160.635 to 160.648. The fiscal court shall levy, within fifteen (15) days of such request, the school tax at the rate requested and the levy shall take effect not less than thirty (30) days nor more than ninety (90) days after the passage of the order or resolution. The imposition of any tax levied under the provisions of KRS 160.593 to 160.597, 160.601 to 160.633, and 160.635 to 160.-648 shall be limited to the territory of the school district or districts requesting the levy. In those counties where one (1) of the taxes referred to by this section is in effect county-wide on June 21, 1974, the taxes shall continue to be levied on a county-wide basis. Revenue produced by such taxes shall be distributed on the basis of average daily attendance, as set forth in KRS 160.644

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Related

§ 157.310
Kentucky § 157.310
§ 160.593
Kentucky § 160.593
§ 160.598
Kentucky § 160.598
§ 160.603
Kentucky § 160.603
§ 160.613
Kentucky § 160.613
§ 160.644
Kentucky § 160.644

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Bluebook (online)
681 S.W.2d 429, 1984 Ky. App. LEXIS 497, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-education-v-independent-board-of-education-kyctapp-1984.