Request By:
Mr. Donald Doyel, Chairman
Barren River
Area Development District
P.O. Box 2120
Bowling Green, Kentucky 42101-1009
Opinion
Opinion By: Steven L. Beshear
You have asked the Office of the Attorney General to consider a 1982 amendment to KRS Chapter 147A. The provision in question is subsection (3)(m) of KRS 147A.021 and reads as follows:
"(3) The department for local government shall provide technical assistance and information to units of local government, including but not limited to:
(m) The memorandums of agreement with the area development districts to provide management assistance to local governments;"
You ask whether this statutory provision would encompass a local government requesting administrative services from an Area Development District. It is our opinion the envisioned scope of this new statutory language would include such a request.
This office, previously, carefully looked at the powers and duties of board of directors of an Area Development District (ADD) in OAG 81-185, copy attached. We concluded, after considering the language of KRS 147A.080 and 147A.090, that ADDs had only been empowered "to engage in the work of program development through administrative, research and planning effort, as described in KRS 147A.080(5)." We stated that nothing could be found in KRS Chapter 147A that would "authorize ADDs to administer, manage, implement or directly operate such programs once developed. Such powers would require new legislation."
It seems fairly clear to us now that the General Assembly envisions that Area Development Districts do have the power and authority to provide "management assistance" to local governments. A contrary conclusion would be inconsistent with KRS 147A.021(3)(m), supra. We are required to read the provisions of a chapter of statutes in para materia. See