[Previous] [Next] [Up] [Top]

Section X-9C: Emergency Medical Service Districts

    (a)  The board of county commissioners, or boards if more than
one county is involved, may call a special election to determine
whether or not an ambulance service district shall be formed.  An
election shall also be called by the board or boards involved upon
petition signed by not less than ten percent (10%) of the registered
voters of the area affected.  Said area may embrace a county, a part
thereof, or more than one county or parts thereof, and in the event
the area covers only a part or parts of one or more counties, the
area must follow school district boundary lines.  All registered
voters in such area shall be entitled to vote, as to whether or not
such district shall be formed, and at the same time and in the same
question authorize a tax levy not to exceed three (3) mills for the
purpose of providing funds for the purpose of support, organization,
operation and maintenance of district ambulance services, known as
emergency medical service districts and hereinafter referred to as
"districts."  If the formation of the district and the mill levy is
approved by a majority of the votes cast, a special annual recurring
ad valorem tax levy of not more than three (3) mills on the dollar of
the assessed valuation of all taxable property in the district shall
be levied.  The number of mills shall be set forth in the election
proclamation, and may be increased in a later election, not to exceed
a total levy of three (3) mills.  This special levy shall be in
addition to all other levies and when authorized shall be made each
fiscal year thereafter.
    Each district which is herein authorized, or established, shall
have a board of trustees composed of not less than five members. Such
trustees shall be chosen jointly by the board or boards of county
commissioners, provided that such membership shall be composed of not
less than one individual from each county or part thereof which is
included in said district.
    Original members of the board of trustees shall hold office, as
follows:  At the first meeting of said board, board members shall
draw lots to determine each trustee's original length of term in
office.  The number of lots to be provided shall be equal to the
number of original members of the board, and lots shall be numbered
sequentially from one through five, with lots in excess of the fifth
lot being also numbered sequentially from one through five until all
lots are numbered.  Each original member or members added by an
expansion area of the board shall hold office for the number of years
indicated on his or her lot.  Each year, as necessary, the board or
boards of county commissioners shall appoint successors to such
members of the board of trustees whose terms have expired, and such
subsequent appointments shall be for terms of five (5) years.
    Such board of trustees shall have the power and duty to
promulgate and adopt such rules, procedures and contract provisions
necessary to carry out the purposes and objectives of these
provisions, and shall individually post such bond as required by the
county commissioners, which shall not be less than Ten Thousand
Dollars ($10,000.00).
    The district board of trustees shall have the additional powers
to hire a manager and appropriate personnel, contract, organize,
maintain or otherwise operate the emergency medical services within
said district and such additional powers as may be authorized by the
Legislature.
    (b)  Any district board of trustees may issue bonds, if approved
by a majority vote at a special election for such purpose.  All
registered voters within the designated district shall have the right
to vote in said election.  Such bonds shall be issued for the purpose
of acquiring emergency vehicles and other equipment and maintaining
and housing the same.
    (c)  The bonds authorized above shall not bear interest at a
greater rate than that authorized by statute for the issuance of city
municipal bonds.  Such bonds shall be sold only at public sale after
twenty (20) days' advertisement in a newspaper for publication of
legal notices with circulation in the district.  Any district may
refund its bonds as is now provided by law for refunding municipal
bonds.
    (d)  Any district board of trustees, upon issuing bonds as
authorized in subsection (b) of this section, shall levy a special
annual ad valorem tax upon the property within the district, payable
annually, in a total amount not to exceed three (3) mills on the
dollar, on the real and personal taxable property in such district,
for the payment of principal and interest on outstanding bonds, until
same are paid.  However, the trustees may, from time to time, suspend
the collection of such annual levy when not required for the payment
of the bonds.  In no event shall the real and personal taxable
property in any city or town be subject to a special tax in excess of
three (3) mills for the payment of bonds issued hereunder.
    (e)  There may also be pledged to the payment of principal and
interest of the bonds herein authorized to be issued:  (1) any net
proceeds from operation of the district that the board of trustees of
the district shall deem not necessary to the future operation and
maintenance of said emergency medical service; or (2) any monies
available from other funds of the district not otherwise obligated.
    (f)  Bonds shall be issued for designated sums with serial
numbers thereon and maturing annually after three (3) years from date
of issue.  All bonds and interest thereon shall be paid upon maturity
and no bonds shall be issued for a period longer than thirty (30)
years.  Any district board of trustees may in its discretion schedule
the payment of principal over the thirty-year period so that when
interest is added there will be approximately level annual payments
of principal and interest.
    (g)  In the event the mill levy as set forth in the original
election proclamation is less than three (3) mills, the board of
trustees may request the county commissioners to call a subsequent
election to consider increasing the mill levy; provided, however, the
total levy authorized by subsection (a) hereof shall not exceed three
(3) mills.
    (h)  The board of trustees of any district shall have
jurisdiction over the sale or refunding of any bonds issued by the
district and shall be responsible for the economical expenditure of
the funds derived from the bonds.
    (i)  Such districts shall be empowered to charge fees for
services, and accept gifts, funds or grants from sources other than
the mill levy, which shall be used and accounted for in a like
manner.  Persons served outside the district shall be charged an
amount equal to the actual costs for the service, not taking into
account any income the district receives from millage or sources
within the district.  The board of trustees shall have legal
authority to bring suits necessary to collect accounts owed and to
sue and defend as necessary for the protection of the board.  The
State Examiner and Inspector shall conduct an annual audit of the
operations of such districts.
    (j)  Any emergency medical service district may expand to include
other counties or parts thereof, provided that an election is called
by the county commissioners whose county or counties, or parts
thereof, are to be added to in the established district; and provided
further, that the county commissioners in the original district
concur in the calling of said election.  The proposed expansion area
shall only be added to the original district if approved separately
by a majority vote, by the voters in both the original district and
in the expansion area, at an election called for that purpose.  The
county in which the expansion area is located shall have not less
than one member on the board of trustees.  Appropriate millage or
other approved method of financial support shall be levied in the
expansion area, when said area is added to the original district
which millage shall be levied at the rate used to cover operational
costs and outstanding bonded indebtedness as provided in Section 9C,
(d) and (e), Article X.
    (k)  Any district may be dissolved, or the millage levy changed,
by a majority vote of the registered voters voting at an election
called for that purpose by the county commissioners of each county or
part thereof included within the district; provided that such an
election shall not be called unless either three-fifths (3/5) of the
trustees of such district request the county commissioners to call
such an election, or the respective county commissioners are
presented a petition signed by not less than twenty percent (20%) of
all registered voters in the district.
    (l)  In the event a district is dissolved, any mill levy used to
support, organize, operate and maintain the emergency medical service
district shall cease, provided that such mill levy shall not cease
until all outstanding emergency medical service bonds of that
district are retired and all other debts incurred by the emergency
medical service district have been satisfied.
    (m)  All elections called under the provisions hereof shall be
conducted by the county election board or boards of each county or
counties involved, upon receipt of an election proclamation, issued
by a majority of the board or boards of county commissioners in the
area affected.  In the event more than one county is involved, said
proclamation must be a joint proclamation from a majority of the
board of county commissioners of each county involved.  Said
proclamation shall be published in one issue of a newspaper of
general circulation in each county involved in the area affected at
least ten (10) days prior to said election, and said proclamation
shall set forth the purpose of the election, and the date thereof.
The county election board or boards shall certify the results of an
election to the board or boards issuing such proclamation.
    (n)  The board of any district shall have capacity to sue and be
sued.  Provided, however, the board shall enjoy immunity from civil
suit for actions or omissions arising from the operation of the
district, so long as, and to the same extent as, municipalities and
counties within the state enjoy such immunity.
    (o)  In lieu of proceeding to establish a district as outlined
hereinabove through the county commissioners, the governing body of
any incorporated city or town may proceed to form a district, join an
existing district or join with other incorporated cities or towns in
forming a district.  In such case, said governing body shall be
considered as being substituted as to the powers and duties of said
county commissioners as set forth hereinabove; provided, further,
said city or town shall be considered as being substituted as to the
powers and duties of a district formed, as set forth hereinabove.
All rights, duties, privileges and obligations of the residents and
voters in such city or town shall be the same as those outlined for
the district as set forth above.



[Previous] [Next] [Up] [Top]