Request By:
Mr. George G. Wilson
President
McCreary County Chamber of Commerce
P.O. Box 548
Whitley City, Kentucky 42653
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
You and the county attorney request our opinion as to whether or not a tourist and convention commission can be established in McCreary County. There is no incorporated city in McCreary County. It has been pointed out that over 85 percent of the county's territory is controlled by the federal government by way of the Daniel Boone National Forest. Thus the county's tax base suffers tremendously. A check with the Secretary of State's Office, in connection with KRS 81.045, requiring every incorporated city to file a document listing the name of the city, the year of its incorporation, etc., disclosed no incorporated city in McCreary County. We point out the above facts, since it has been contended that a county may unilaterally establish a tourist and convention commission only if there is at least one incorporated city in the county. All of the other 119 counties have at least one incorporated city within their boundaries.
KRS 91A.350, the tourist and convention commission statute, reads in part:
(1) For the purpose of promoting convention and tourist activity in counties containing cities of the first class, such counties and the cities located therein, either jointly or by separate action, are authorized to establish tourist and convention commissions.
(2) For the purpose of promoting recreational, convention and tourist activity in counties containing cities other than cities of the first class, such counties and the cities located therein, either jointly or by separate action, are authorized to establish receational, tourist and convention commissions.
(3) For the purpose of promoting convention and tourist activity in two (2) or more counties, such counties may jointly establish recreational, tourist and convention commissions.
Subsection (1) of the above statute deals with the creation of such commission in "counties containing cities of the first class. " (Emphasis added). That could only relate to Jefferson County. Subsection (2) of that statute deals with the creation of such commission in "counties containing cities other than cities of the first class. " (Emphasis added). In other words, subsection (1) relates to Jefferson County, and subsection (2) was obviously designed to include all other counties in Kentucky. See the original act, 1968 Acts, Ch. 138, § 1. In 1974, 1974 Acts, Ch. 324, § 1, Subsection (3) was added, which provided that "For the purpose of promoting convention and tourist activity in two or more counties, such counties may jointly establish recreational, tourist and convention commissions." (Emphasis added). There is nothing in subsection (3) suggesting that the having of one or more incorporated cities in the county is a condition to the application of that subsection.
Since the language in subsections (1) and (2) of the statute was designed to merely apply to Jefferson County, which contains Louisville, a first class city, on the one hand, and residually to the other counties in Kentucky, including any cities located in any of the counties of Kentucky, it is our opinion that a tourist and convention commission may be established by the fiscal court of McCreary County unilaterally, pursuant to KRS 91A.350(2). Of course, where the statute mentions the word "city", it refers to incorporated cities. See § 156, Kentucky Constitution, KRS 81.010, and
Stephens v. Felton, 99 Ky. 395, 35 S.W. 1116 (1896).
Under the clear wording of KRS 91A.350, all counties were intended to have the power of creating a tourist and convention commission. On that basis the statute must must be accepted as it is written.
Commonwealth v. Glover, 132 Ky. 588, 116 S.W. 769 (1909). Even if the literal language "in counties containing cities" were deemed to be in apparent conflict with the general scheme of the statute, such language must surrender to the general purpose and intent of the statute.
Department of Revenue v. Miller, 303 Ky. 822, 199 S.W.2d 622 (1947).
When KRS 91A.350 is considered in its totality, it is a general law and must be treated as being uniformly applicable to all counties. See § 59,
Kentucky Constitution, and Department of Finance v. Dishman, 298 Ky. 545, 183 S.W.2d 540 (1944).
Ours is a reasonable construction. A statute should not be interpreted so as to lead to an absurd conclusion, but should be given a practical interpretation to carry out its purpose. We think it is patently absurd to advance the notion that out of 120 counties in Kentucky, McCreary County was excluded from the statute's application, and simply because it has no incorporated cities within its boundaries.
As relates to the application of the membership statute, KRS 91A.360, since there are no incorporated cities in McCreary County, there are no mayors to make the appointments to the commission. The county judge/executive would have to appoint all the members. See
Golightly v. Bailey, 218 Ky. 794, 292 S.W. 320 (1927), indicating that words may be omitted and paragraphs may be altered to give effect to legislative intention.
CONCLUSION
Under the foregoing analysis, reasoning, and authorities, it is our opinion that the fiscal court of McCreary County may create a tourist and convention commission pursuant to KRS 91A.350.