Request By:
Lt. Jack Dubber
Owensboro Police Department
109 West 4th Street
Owensboro, Kentucky 42301
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Gerald Henry, Assistant Attorney General
Your letter of August 30, 1977, raised the following three questions in regard to the powers of park rangers as provided for in KRS 148.056.
1. Do these officers have jurisdiction only upon park property?
2. Are these officers allowed to patrol state and county roads adjacent to park property?
3. What is the overall power of arrest of these park rangers?
KRS 148.056(1) provides:
The commissioner of parks, in his discretion, may employ and commission park rangers as the commissioner deems necessary to secure the parks and property of the department and to maintain law and order and such employes, when so commissioned, shall have all of the powers of peace officers and shall have in all parts of the state the same powers with respect to criminal matters and enforcement of the laws relating thereto as sheriffs, constables and police officers in their respective jurisdictions, and shall possess all the immunities and matters of defense now available or hereafter made available to sheriffs, constables and police officers in any suit brought against them in consequence of acts done in the course of their employment. The powers and duties of park rangers referred to in this section shall, within the limits of any incorporated city of the first to the fifth class inclusive, be subject to and limited by KRS 16.120 in the same manner as those of an officer of the state police. (Emphasis added)
1. The underlined portion of the statute indicates that park rangers have jurisdiction in all parts of the state, not just upon park property. This view was expressed by this office in OAG 73-210. We note that prior to a 1972 amendment the statute kept the powers of these officers "within the boundaries of any state park."
2. The underlined portion of the statute grants park rangers the same powers with respect to criminal matters and enforcement of laws relating thereto as are held by sheriffs, constables and police officers in their respective jurisdictions. Patrol of state and county roads adjacent to park property therefore would be allowed for the specified purposes.
3. The same language grants the same power of arrest to park rangers in criminal matters and enforcement of laws relating thereto as is held by sheriffs, constables and police officers.
One exception to our answer is noted. The powers conferred by KRS 148.056 are limited by reference to KRS 16.120, which in turn limited the powers of state police within the confines of incorporated cities of the first through the fifth classes.
KRS 16.120 was repealed by the 1976 session of the General Assembly, Acts 1976, Ch. 151, § 2. The general rule of construction in such cases of repeal appears to be as follows. When a statute adopts another statute by specific and descriptive reference thereto, the adoption takes the statute as it exists at the time of adoption. The subsequent repeal of the adopted statute does not affect the adopting statute, and the adopted provisions are considered as part of the adopting statute and continue in force, unless the adopting statute itself is repealed. Martin v. Stumbo, 282 Ky. 793, 140 S.W.2d 405, 407 (1940); 82 C.J.S. Statutes § 301.
The act which repealed KRS 16.120 did not repeal KRS 148.056, nor did it refer to park rangers in its title. It thus appears that the powers of park rangers remain subject to the adopted provisions of KRS 16.120.