Requirement

							COMMONWEALTH OF KENTUCKY    LEGISLATIVE RESEARCH COMMISSION
GENERAL ASSEMBLY         LOCAL MANDATE FISCAL IMPACT ESTIMATE
2008 REGULAR SESSION                    2007 INTERIM

MEASURE

2008 RS BR 104                                 Amendment:             Committee            Floor

Bill #: SB 6                                   Amendment #

SUBJECT/TITLE           An Act relating to constables

SPONSOR           Sen. Seum

MANDATE SUMMARY

Unit of Government:       X    City;       X      County;         X    Urban-County
                               Charter            Consolidated
                          X    County      X      Local

Program/
Office(s) Impacted:     Constables

Requirement:              X     Mandatory            X    Optional

Effect on
Powers & Duties          X    Modifies Existing      X Adds New               Eliminates Existing

PURPOSE/MECHANICS

BR 104 creates a new section of KRS Chapter 70 to require the Kentucky Law Enforcement
Council, in cooperation with the Department of Criminal Justice Training and the Kentucky
Constable Association, to develop a qualification program for constables and deputy constables and
to require the basic forty (40) hour training course to be provided to constables and deputy
constables at no cost.

BR 104 creates a new section of KRS Chapter 422 to establish procedures for a circuit clerk to
follow when a person or court requests the issuance of a civil or criminal process.

BR 104 creates a new section of KRS Chapter 65 to require any local government which maintains a
public safety answering point to receive calls for a constable or deputy constable and to dispatch
constables and deputy constables under the same conditions as for any other law enforcement
agency.

BR 104 amends KRS 64.200 and KRS 70.320 relating the salary paid to constables and deputy
constables in counties with a population of 250,000 or more to require that the constable's salary not
exceed the salary of the sheriff of the county and that the deputy constables' salaries not exceed the
salary of the constable. The measure also provides that constable and deputy countable salaries be
paid from the fees of the office of the constable.


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BR 104 amends KRS 70.036 to authorize constables and deputy constables who are certified peace
officers and qualified constables or deputy constables to wear approved uniforms and badges while
on duty, and provides that the expense of those uniforms and badges may be paid by the local
government.

BR 104 amends KRS 70.310 to require the local government to pay for any bond required for the
office of constable or deputy constable.

The measure also amends KRS 189.950 to specify that a constable who is not a qualified constable
pursuant to Section 7 or a certified peace officer may equip an official vehicle with blue lights with
the approval of the fiscal court and allows a constable who is a qualified constable pursuant to
Section 7 or a certified peace officer to equip official vehicles with flashing, rotating, or oscillating
blue lights and siren, whistle, or bell.


FISCAL EXPLANATION/BILL PROVISIONS                                              ESTIMATED COST


The fiscal impact of BR 104 on local governments is expected to be minimal to moderate. Local
governments will be required to pay for constables' uniforms and badges and for the bond required
under KRS 70.310 for the office of constable or deputy constable. The minimum amount of the
bond is $10,000, and the average cost of $102 per constable is currently paid by the officer.

There are presently 496 constables and deputy constables statewide, with the majority concentrated
in major urban counties. Counties with major metropolitan areas would incur moderate expenses,
less populated counties would incur minimal expenses.

Local governments may realize some savings from the provisions set forth in BR 104. By allowing
constables and deputy constables to perform some of the duties currently performed by local law
enforcement and sheriff's offices, the amount of overtime paid to these agencies may be reduced.

DATA SOURCE(S)              Kentucky Constables Assn.

PREPARER         Lynn Aubrey                           REVIEW                     DATE




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