Request By:
Mr. Thomas E. Morris
Christian County Court Clerk
Courthouse
Hopkinsville, Kentucky 42240
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Elizabeth E. Blackford, Assistant Attorney General
You pointed out that House Bill 244, amending KRS 186.230, was passed in the 1978 session of the Legislature. KRS 186.230(9) [enacted 1978 Acts, ch. 239, § 16] reads as follows:
No person shall be permitted to sell, trade or transfer ownership of a motor vehicle if evidence is presented to the county clerk that any lien exists on the motor vehicle.
You asked whether this statute refers only to motor vehicle liens and whether it will be necessary for the county clerks to search their records to determine whether any lien exists on the vehicle to be transferred.
The primary rule in construing a statute is to determine the legislative intent and purpose as gained from the language of the statute. City of Covington v. Sohio Petroleum Company, Ky., 279 S.W.2d 746 (1955). Words of a statute are to be given their usual ordinary and every day meaning. Gateway Construction Co. v. Wallbaum, Ky., 356 S.W.2d 247 (1961). "An unambiguous statute is to be given effect according to its plain and obvious meaning and such unambiguous statute cannot be extended beyond its plain and obvious meaning, or restricted to, or confined within, narrower limits or bounds than manifestly intended by the legislature." 82 CJS: Statutes § 322.
The language of KRS 186.230(9) refers to any lien By the plain wording of the statute it is clear that the Legislature intended that all liens which may be placed upon a motor vehicle are to fall within the purview of KRS 186.230(9). However, this does not mean that it is incumbent upon the county clerks to search their records to ascertain the existence of any liens.
The language of the statute reads "if evidence is presented to the county clerk" . The "if . . . is presented to" wording is present tense. It clearly contemplates that evidence of existing liens shall be brought to the attention of the county clerk. It does not impose a duty on the county clerk to seek out such evidence.
Liens noted on the face of the registration receipt, which must be presented to the county clerk pursuant to KRS 186.190 in order to effect a transfer, would constitute "evidence presented to the county clerk. " If the county clerk is presented with such evidence, then he must refuse to complete the transfer. This is the only duty imposed on the county clerk by KRS 186.230(9). The county clerk need do no more.