January 29, 1986
Subject:
Public Transportation; District Health Departments G.S. 130-14; Public Utilities; G.S. 62-260.
Requested By:
David D. King, Director of Division of Public Transportation, North Carolina Department of Transportation
Question:
May the Pasquotank-Perquimans-Camden-Chowan District Health Department Operate Public Transit on a fare paying basis, without establishment of a Transportation Authority pursuant to
N.C.G.S. 160-496?
Conclusion:
Yes. G.S. 62-260(a)(1) specifically exempts political subdivisions of the State of North Carolina from regulation by the North Carolina Utilities Commission.
The Pasquotank-Perquimans-Camden-Chowan District Health Department is a product of the legislature, authorized under the former G.S. 130-14 (now G.S. 130A-36). The District Health Department may provide a for-fee transportation service to reach individuals within the district as a part of its health care effort. G.S. 130A-39. The department is exempt from regulation by the Utilities Commission. G.S. 62-260, G.S. 159-7.
The establishment by the District Health Department of a for-hire transportation service which does not operate in conjunction with the Department’s health care responsibilities would be beyond the department’s authority. The Supreme Court had stated that a district board of health is a creature of the legislature and has only such powers and authorities as are given it by the legislature. State v. Curtis, 230 N.C. 169, 52 S.E.2d. 364 (1949).
Lacy H. Thornburg Attorney General
Thomas H. Davis, Jr. Assistant Attorney General