‘The Chicken or the Egg?’ Actually in the case of two House bills, both come first. And last.

Last week, I wrote about the situation involving House Bill 195 and House Bill 351. You know the two bills passed by the General Assembly concerning public notice advertising.

The question was, which will take effect since BOTH involve KRS 424, the state Public Notice Advertising law, and have slightly different language. After studying it more, graphing what the issues are and the time line involved, that’s the determination — they both have an effect on the Public Notice Advertising Law.

What’s the bottom line? HB 351 makes the language effective ONLY in counties of 90,000 population or more, based on the 2010 census.

HB 195, the new section created, makes the language effective ONLY in counties of 80,000 population or more, based on the 2010 census.

House Bill 351’s language on “counties of 90,000 population or more” takes effect first but House Bill 195’s “counties of 80,000 population or more” takes over after June 30, 2022. Unless the law is changed in 2021 and that’s very probable to take place.

HB 195 actually creates a new section of KRS 424 so any part of HB 195 not in conflict with HB 351 will become law. Even though both 195 and 351 deal with KRS 424, HB 351 does not take into account the new section created by HB 195.

But one word makes the entire issue change.

“Notwithstanding.” We’ve heard that term before, back as far as 2002 with publication of school financial statements was changed, regardless (“notwithstanding”) what other parts of KRS 424 required.

So come the effective date on 2020 legislation, HB 351 ranks at the top because of the “notwithstanding.” Regardless what HB 195 says on the population size, it won’t be effective until HB 351 sunsets June 30, 2022.

Clear as mud?

Trust me on this. Until 2022 or unless the General Assembly reverses course in 2021 and changes the language, the provisions affect ONLY counties of 90,000 population or more.

We will continue reading and re-reading language in both to see what stays, what goes and what takes effect when, and report as it nears time for 2020laws to take effect.

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