Stephen Wood, Grant County Judge/Executive
AGO OAG 18-20
No. OAG 18-020
Kentucky Attorney General Opinion
Commonwealth of Kentucky Office of the Attorney General
December 19, 2018
Subject:
Whether the Grant County Fiscal Court has the authority to
create a 911 district under KRS Chapter 65, and whether funds
may be generated for its establishment and operation. In
particular, whether it would require the Public Service
Commission's approval to apply a "user fee" for
911 services to water customers in a non-municipally owned
water district.
Requested
by: Stephen Wood, Grant County Judge/Executive
Written
by: Sam Flynn and Laura Tipton
Syllabus:
The Grant County Fiscal Court has the authority to establish
a 911 emergency service under KRS 65.760(1). Further, the
Grant County Fiscal Court may obtain funds necessary for the
service's establishment and operation under KRS
65.760(3). Applying a fee for 911 services to water
customers, however, would require the approval of the Public
Service Commission. In contrast, a charge imposed on every
water meter located within Grant County may not require such
approval.
Statutes
construed: KRS 65.760(1), (3), (4), (5), and (6); KRS
91A.510; KRS 278.040(2); KRS 278.010(12).
OAGs
cited: Not Applicable.
OPINION OF THE ATTORNEY GENERAL
Stephen
P. Wood, Grant County Judge/Executive, has requested an
opinion of this office regarding whether the Grant County
Fiscal Court has the authority to create a 911 district under
KRS Chapter 65. Judge/Executive Wood further has requested an
opinion regarding whether the Grant County Fiscal Court may
raise funds for the purposes of establishing and operating a
911 district. In particular, Judge/Executive Wood has asked
whether it would require the approval of the Kentucky Public
Service Commission ("PSC") to apply a "user
fee" for 911 services to water customers in a
non-municipally owned water district.
For the
reasons stated below, we advise that the Grant County Fiscal
Court does have the authority to create a 911 district and to
raise funds for its establishment and operation pursuant to
KRS 65.760. We further advise, however, that raising such
funds via a "user fee" applied to water customers
would require PSC approval. In contrast, PSC approval may not
be required to impose a charge for 911 services on every
water meter located in Grant County.
With
respect to Judge/Executive Wood's question regarding
authority to create a 911 district, KRS 65.760(1) expressly
provides:
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