Section 190.090

There are multiple enactments of 190.090

Title XII PUBLIC HEALTH AND WELFARE

Chapter 190

Effective - 28 Aug 2026, 3 histories, see footnote   

  190.090.  Consolidation of ambulance districts, procedure for — form of ballot — consolidation plan, contents — notice requirements, form — ballot form — tax levy, amount. — 1.  Two or more organized ambulance districts may consolidate into one ambulance district by following the procedures set forth in this section.

  2.  If the consolidation of existing ambulance districts is desired, a number of voters residing in an existing ambulance district equal to ten percent of the vote cast for governor in the existing district in the next preceding gubernatorial election may file with the county clerk in which the territory or greater part of the proposed consolidated district is situated a petition requesting the consolidation of two or more existing ambulance districts.

  3.  The petition shall be in the following form:

We, the undersigned voters of the _________ ambulance district do hereby petition that _________ existing ambulance districts be consolidated into one consolidated ambulance district to be known as the ________ Ambulance District, subject to the attached consolidation plan.

  4.  An alternative procedure of consolidation may be followed, if the board of directors of the existing ambulance districts pass a resolution in the following form:

Be it resolved by the board of directors of the ambulance district that the _________ ambulance district be consolidated into one consolidated ambulance district to be known as the ________ Ambulance District, subject to the attached consolidation plan.

  5.  Every petition or resolution shall be accompanied by a consolidation plan outlining the process for the proposed consolidation.  At a minimum, the consolidation plan shall include the following:

  (1)  The name of the proposed consolidated district, a legal description of the boundaries of such consolidated district, and the proposed tax levy to be imposed by the consolidated district.  In the event that the proposed plan is for the consolidation into an existing district, the consolidation plan shall clearly state that the existing district shall continue as the legal entity into which the other districts are consolidated;

  (2)  The names of the districts to be consolidated, accompanied by a list of all real property owned and financial assets currently held by the district, all outstanding bonds or debts of each of such districts, and the current tax levies imposed by each of such districts;

  (3)  The name of the district that shall be responsible for maintaining ambulance service during the consolidation, including continuing operations, administration, and governance of the consolidated district, provided that there shall be a presumption that the district with the largest operating budget in the preceding fiscal year shall assume such responsibility;

  (4)  The proposed number of board members and specific individuals who will serve as the initial directors, provided that such directors shall be chosen from among the existing board members of the districts to be consolidated such that there is at least one director from each of the districts to be consolidated; and

  (5)  A proposed timeline for consolidation, which shall not exceed one hundred eighty days, provided that such timeline shall be subject to modification by the board of the consolidated district for good cause.

  6.  Upon the filing of a petition, or a resolution, and a consolidation plan with the county clerk from each of the ambulance districts proposed to be consolidated, the county clerk shall present the petition or resolution and a consolidation plan to the commissioners of the county commission, who shall record such documents in the records of the county.  A petition or resolution for a proposed consolidation shall be received from all ambulance districts within the same calendar year or shall be considered null and void.

  7.  Each of the ambulance districts seeking to consolidate shall post the notice of the intent to consolidate in the same manner as district public meetings are posted.  In addition, publication of such notice of intent shall be made in a newspaper of general circulation in every county in which the proposed consolidated ambulance district shall be located, with publication to be made once per week for two consecutive weeks.  A public hearing shall be held jointly by all ambulance districts seeking to consolidate at a location within the boundaries of the proposed consolidated ambulance district, provided that such hearing shall be no more than thirty days after the date of the second publication.  The notice of intent shall be in substantially the following form:

NOTICE OF THE FILING OF A PETITION/RESOLUTION FOR CONSOLIDATION OF THE ______ AMBULANCE DISTRICTS

To all voters, residents, and interested persons within the boundaries of the above described ambulance districts: You are hereby notified that a petition/resolution has been filed for the consolidation of the above named ambulance districts into one consolidated ambulance district to be known as the _____ Ambulance District.  A proposed consolidation plan is available for inspection at the office of the County Clerk of _____ County.

A public hearing will be held on ______ (date) at ________ (time) at the following location: ________.  The purpose of this public hearing shall be to explain the reasons for the consolidation and answer questions from the public.

Objections to this consolidation may be filed with the County Clerk of _____ County, provided such objections are filed in writing not less than thirty days after the public hearing.  Any such objection must be signed by a number of voters residing in the proposed consolidated district that is not less than five percent of the votes cast for governor in the district in the most recent gubernatorial election.

  8.  If no objections are filed with the county clerk within thirty days after the public hearing, within forty-five days following the date of the public hearing, the county commission shall order the districts consolidated pursuant to the terms of the consolidation plan and shall further appoint as directors those individuals identified in the consolidation plan.  The county commission shall further set a date, time, and location for the first meeting of the directors of the newly consolidated district.

  9.  Upon receipt of any objections filed, the county clerk shall verify that such objections are signed by the necessary number of voters of the district.  If such objections are signed by an appropriate number of voters, the county commission of each county in which the proposed consolidated district is to be located shall thereupon order the submission of the question to the voters of the districts.  The question shall be submitted in substantially the following form:

Shall the existing ______ ambulance districts be consolidated into one ambulance district to be known as the _________ Ambulance District, with such consolidated district authorized to levy a property tax not to exceed the annual rate of ______ cents on the hundred dollars assessed valuation or a sales tax in an amount not to exceed ______ percent, or a combination of both?

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If the county commission having jurisdiction finds that the question to consolidate the districts received a majority of the votes cast, the commission shall make and enter its order declaring that the proposition passed.  The county commission shall further order the districts consolidated pursuant to the terms of the consolidation plan and shall further appoint as directors those individuals identified in the consolidation plan.  The county commission shall further set a date, time, and location for the first meeting of the directors of the newly consolidated district.

  10.  Notwithstanding any other provision of law to the contrary, the consolidated district may impose an initial tax levy up to the highest tax levy of the consolidating districts, provided such tax levy is specifically set forth in the ballot language submitted to and approved by the voters of the consolidating district.

  11.  Without a vote of the residents of the consolidated district as provided in this section, no consolidated ambulance district shall be permitted to impose a property tax greater than the lowest of any existing property tax rate of the districts to be consolidated, nor shall the consolidated ambulance district be permitted to impose any sales tax greater than the lowest of any existing sales tax rate of the districts to be consolidated.

  12.  Upon written certification by the board of directors of the consolidated district to the prior district that the consolidated district has obtained the necessary licenses and permits to operate an ambulance service and all directors of such consolidated district have completed the training required by section 190.053, the existing ambulance districts shall cease to exist and the consolidated district shall assume all of the powers and duties exercised by those districts.  All assets and obligations of the existing ambulance districts shall become assets and obligations of the consolidated district.

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(L. 1975 H.B. 642, A.L. 1978 H.B. 971, A.L. 2005 H.B. 58 merged with S.B. 210, A.L. 2026 S.B. 975)