Request By:
Mr. J. W. Terrill
Chief Deputy
First District Constable's Office
431 South Broadway
Suite 122
Lexington, Kentucky 40508
Opinion
Opinion By: David L. Armstrong, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
House Bill No. 356, enacted in the 1984 session, amended KRS 189.950 to permit blue lights for constables under certain conditions. Subsection (5) of the amended statute reads:
"(5) Any constable may, upon approval of the fiscal court in the county of jurisdiction, equip vehicles used by said officer as emergency vehicles with one (1) or more flashing, rotating or oscillating blue lights, visible under normal atmospheric condition from a distance of five hundred (500) feet to the front of such vehicle, and a siren, whistle or bell, capable of emitting a sound audible under normal conditions from a distance of not less than five hundred (500) feet. This equipment shall be in addition to any other equipment required by the motor vehicle laws."
The above legislation becomes effective July 13, 1984. Section 55, Kentucky Constitution.
You have written that the constable in the Second District of Fayette County is now operating his official vehicle with blue lights. Under the current KRS 189.920, a constable has no authority to equip his official vehicle with flashing, rotating, or oscillating blue lights. However, beginning with July 13, 1984, any constable in any county in Kentucky may, upon approval of the fiscal court in his county, equip vehicles used by such officer as emergency vehicles with one (1) or more flashing, rotating or oscillating blue lights, as described in KRS 189.950(5). Note that KRS 189.950. emphasizes that constables may install blue lights only on motor vehicles, used by them officially, which are emergency vehicles. An "emergency vehicle" is defined in KRS 189.910(1). It reads:
"(1) As used in KRS 189.920 to 189.950, 'emergency vehicle' means any vehicle used for emergency purposes by a fire department; any vehicle used for emergency purposes by the state police; a public police department, or sheriff's office; any vehicle used for emergency purposes by a rescue squad; any publicly owned vehicle used for emergency purposes by a civil defense agency, ambulances; any vehicle commandeered by a police officer; or any motor vehicle used by a volunteer fireman while responding to an emergency. "
The General Assembly, however, failed to expressly amend KRS 189.910, the statute defining "emergency vehicle" , by way of explicitly including vehicles used for emergency purposes by constables. The law does not favor amendment by implication. However, the court has held that a statute need not expressly state what is necessarily implied. National Surety Co. v. Commonwealth ex rel Coleman, 253 Ky. 607, 69 S.W.2d 1007 (1934).
Assuming that the courts would hold that there is a sufficient showing of legislative intent to add constables using emergency vehicles to the list of authorized users of blue lights, it is our opinion that any constable in Kentucky may use blue lights on his official emergency vehicle, provided such use is formally approved by the fiscal court of his county, except in an urban county government, as will be pointed out hereinafter. Where the fiscal court so approves, an amendment in the bill of KRS 304.39-110(2) requires such constable, authorized to use blue lights and a siren, to have security of payment of tort liability by procuring liability coverage, involving personal injury and property damage, as detailed in KRS 304.39-110(2), as amended, and basic reparation benefits as defined in KRS 304.39-020(2).
KRS 189.950(5), as amended in 1984, provides that any constable may, upon approval of the fiscal court in the county of jurisdiction, equip vehicles used by the constable as emergency vehicles with blue lights. The language is framed around "fiscal court", since the fiscal court is the executive board of the county with both legislative and ministerial powers in 119 counties in Kentucky. Indeed, the corporate powers of a county are to be exercised by its fiscal court in those 119 counties. See the specific powers of fiscal courts in KRS 67.080 and 67.083. The fiscal and governmental powers of the county are exercised through fiscal court (see Farmer v. Marr, 238 Ky. 417, 38 S.W.2d 209 (1931)) in 119 counties.
The powers extended to the fiscal court in urban county government are few and very limited. See § 11.02 of the Charter of the Lexington-Fayette Urban County Government. Thus the plan of merger, according to the court, in Holsclaw v. Stephens, Ky., 507 S.W.2d 462 (1974) 474, substantially stripped the fiscal court of Fayette County of its powers of fiscal management. The court went on to say this:
"This will exempt Fayette County from the operation of a general law prescribing the duties of the fiscal court and thus violate the uniformity provisions of Section 60 of the Constitution except for the saving feature that it is not Fayette County alone which is so exempt but all counties which adopt urban county government are exempt as a class from the statutory provisions which establish the duties of the fiscal courts."
KRS 67.712(2) reads:
"Whenever rights, powers, privileges, immunities and responsibilities are granted to the fiscal court in general statutes, the same shall be considered a grant in those counties in which an urban-county government has been adopted pursuant to KRS Chapter 67A to the legislative body of the urban government."
Therefore, under the clear holding of the court in Holsclaw v. Stephens, and under the specific provisions of KRS 67.712(2), the term "fiscal court", as it appears in KRS 189.950(5), simply means that in an urban county government, the constable's use of blue lights must be approved, not by fiscal court, but by the Urban County Council. See KRS 67A.060, 67A.070 and § 4.01, of the Charter of the Lexington-Fayette Urban County Government. As Judge Vance clearly implies in Holsclaw v. Stephens, above, the substitution of the Urban County Council as the legislative and executive authority for the Lexington-Fayette Urban County Government is necessary to make any sense of the general law provisions relating to a fiscal court.