Request By:
Mr. James W. Williams, III
Attorney at Law
P.O. Box 225
Stanford, Kentucky 40484
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
The Lincoln County Fiscal Court created an ambulance service district, which you represent, pursuant to KRS 108.105. The Board of Directors have been appointed. KRS 108.110.
You request our opinion relating to two questions. They read:
"1. May an ambulance service district created under 108.105 incorporate itself under KRS Chapter 273, assuming that the Board of Directors of the non-profit corporation will be the Board of Directors as appointed under KRS 108.110?
"2. Must an ambulance service district created under KRS 108.105 comply with the ambulance service contract requirements imposed upon cities and counties by KRS 65.710?"
Concerning question no. 1, the ambulance service district is a special taxing district under KRS 108.105(3) and § 157, Kentucky Constitution. A special taxing district has been characterized as "a type of municipal corporation."
Kelley v. Dailey, Ky., 366 S.W.2d 181 (1963) 183. The district has a basic autonomy and is corporate in nature.
It is our opinion that the statutes, KRS 108.105 to 108.180, are preemptive and that the district has no authority to incorporate itself under KRS Chapter 273. Such an act would be beyond its clearly expressed powers. See KRS 108.140. In addition, even if the district could incorporate under KRS Chapter 273 (we say it cannot), it would be a vain thing, which the law does not require, in view of its corporate nature.
Kentucky Title Co. v. Hail, 219 Ky. 256, 292 S.W. 817 (1927) 821.
In answering question no. 2, ambulance service may be provided in a county by three different methods: (1) where the county directly conducts the ambulance service; (2) where the county contracts with a person or corporation to furnish the ambulance service; and (3) where the ambulance service is furnished by an ambulance service district. A combination of the methods may be used, depending upon the territorial situation.
Where the fiscal court decides to contract for ambulance services, it must follow the requirements of KRS 65.710, subject to the franchise requirements of §§ 163 and 164, Kentucky Constitution. See OAG 80-258, published, Banks-Baldwin.
In direct response to this question, KRS 65.710 provides for only cities and counties contracting for ambulance services. The statute, because of its express and literal language, cannot apply to an ambulance service district created under KRS Chapter 108. Note also that KRS 108.140 expressly provides that the " board of directors (ambulance service district) shall provide ambulance service to inhabitants of the district . . ." (Emphasis added). Clearly the statutes dealing with the ambulance service district envision the district's furnishing ambulance services directly, or, as an option under subsection (9), the district's contracting with private persons, partnerships or corporations for providing ambulance service to residents of the district. However, the latter option is subject to the district's requiring that such contracted for services utilize vehicles, equipment and personnel which conforms to all requirements of KRS 108.080 to 108.180. KRS 65.710 and KRS 108.140 are unambiguous and must be construed literally.