Request By:
Mr. William D. Stephens
Supervisor, County Fee Systems
Department of Finance
Capitol Annex
Frankfort, Kentucky
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
You request our opinion on questions emerging from KRS 440.090, relating to returning fugitives from justice to Kentucky.
Question No. 1:
"What is an agent who drives his vehicle entitled to? Currently, the Department of Finance is paying the agent .23 cents per mile traveled and nothing else."
The agent in extradition is entitled to 18 per mile [KRS 44.060] plus 5 per mile. In addition, he is entitled to any other necessary expenses he pays in reclaiming and returning the fugitive, including the costs of food and lodging for himself and for the prisoner. He is not getting "compensation" [although the word appears in the statute]. He is getting reimbursed for "expenses". Literal language must surrender to the general scheme and purpose of the statute. Here that purpose is to pay all "necessary expenses" of the agent. Oates v. Simpson, 295 Ky. 433, 174 S.W.2d 505 (1943) 507. In other words the agent is entitled to the necessary expenses incurred, including meals and lodging.
The second question is whether the agent's meals and lodging are restricted to that generally allowed by Department of Finance travel regulations.
The answer is "yes". While KRS 440.090 refers to KRS 44.060, in order to fairly and equitably carry out the intent to reimburse the agent for expenses it is necessary, under the doctrine of pari materia [same subject matter] to read KRS 44.060, 45.180 [expense accounts of state officers and employees] and 440.090 together, along with Section 7 of the Department of Finance travel regulations. It would be absurd and inequitable to construe KRS 440.090 as reflecting the guidelines of state travel regulations for purposes of the vehicle, but not for food and lodging. See Dieruf v. Louisville & Jefferson County Bd. of Health, 304 Ky. 207, 200 S.W.2d 300 (1947), holding that statutes in pari materia must be as a unified, connected system, and not as isolated fragments of law. Under Section 7 of the regulations, breakfast would be $3, lunch $3, and dinner $8, the maximums per person. The maximum for lodging per person is $35, generally.
Question No. 3:
"Where two agents travel is the second agent (one who rides in vehicle owned by first agent) entitled to the .23 cents per mile mileage allowance? OAG 67-379 stated that the second agent is entitled to the mileage allowance. OAG 67-379 stated also that the mileage allowance was to cover both agents transporation, meals and lodging and all of their personal expenses. Please review OAG 67-379 for possible revision."
The second agent is not entitled to the mileage allowance. He is not being paid any "compensation", only necessary expenses. Since he is not driving his own vehicle, he has no vehicle or mileage expense. The view in OAG 67-379 is based upon the premise that an agent, through the mileage allowance, is being compensated for his services. We pointed out above that the intent of KRS 440.090 is not to "compensate" the agent for his services, but to reimburse him for his necessary "expenses" in reclaiming and returning the fugitive. The mileage allowance is calculated to reimburse the agent for the use of his motor vehicle in transporting himself [and any other agent] and the prisoner. In addition, in OAG 67-379, it was concluded that the mileage allowance covers the agent's transporation, meals and lodging and all of his personal expenses. As we explained above, the mileage covers only the expense of operating the owner's vehicle, nothing else. In OAG 67-379 it was concluded that the agent can recover the food and lodging for the prisoner only. We said above that the agent is entitled to recover the costs of his own personal food and lodging and that of the prisoner. OAG 67-379 is withdrawn.