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350.506 Reclamation Guaranty Fund Commission -- Membership -- Bylaws -Meetings -- Conflicts of interest -- Applicability of Executive Branch Code
of Ethics.
(1)
(2)
There is hereby created the Reclamation Guaranty Fund Commission which
shall be administratively attached to the cabinet. The commission shall consist
of seven (7) members. One (1) member shall be the secretary of the Energy
and Environment Cabinet, or his or her designee, who shall serve as chair of
the commission. The other six (6) members of the commission shall be
appointed by the Governor on July 1, 2013, as follows:
(a) Three (3) members of the commission shall be representatives of the coal
mining industry, with the following qualifications:
1.
A representative of a permittee which participates in the fund and
has mined and sold less than one million (1,000,000) tons of coal
during the twelve (12) months preceding appointment;
2.
A representative of a permittee which participates in the fund and
has mined and sold over one million (1,000,000) tons but less than
five million (5,000,000) tons of coal during the twelve (12) months
preceding appointment; and
3. a.
A representative of a permittee which participates in the fund
and has mined and sold more than five million (5,000,000) tons
of coal during the twelve (12) months preceding appointment;
or
b.
If no permittee which participates in the fund has mined and
sold more than five million (5,000,000) tons of coal in the
twelve (12) months preceding appointment, the member shall
be selected from permittees which meet the criteria for
appointment set out in subparagraph 2. of this paragraph;
(b) Two (2) members of the commission shall be representatives with a
background in the insurance and banking industries with knowledge of the
coal industry and chosen from a list of six (6) nominees submitted by the
chair of the commission and the remaining members of the commission;
and
(c) One (1) member shall be a certified public accountant who is not
associated with, or does not have a financial interest in, coal mining
operations in the Commonwealth of Kentucky.
(a) The Governor shall initially appoint the other six (6) members as follows,
and whose terms shall commence with the beginning date of the
establishment of the fund:
1.
Two (2) members for a term of two (2) years;
2.
Two (2) members for a term of three (3) years; and
3.
Two (2) members for a term of four (4) years.
(b) Subsequent appointments shall be made by the Governor for terms of
four (4) years. Members may serve successive terms if reappointed, not
to exceed two (2) full consecutive terms. Any vacancy in an unexpired
term shall be filled for the unexpired portion of the term by the Governor.
(c)
A member of the commission shall be elected at the first meeting of each
fiscal year by majority vote of the other members to serve as vice chair of
the commission whose term shall be for one (1) year.
(3) The commission shall adopt bylaws by which it shall establish procedures for
conduct of meetings.
(4) The official domicile of the commission shall be Franklin County. All actions of
the commission shall be considered to occur in Franklin County.
(5) The commission shall meet no less than once a month with the first meeting to
be held on or before July 1, 2013, during the first year. Commencing with the
second year, the commission shall meet no less than once every three (3)
months. Four (4) members of the commission shall constitute a quorum at any
meeting.
(6) Each commission member, except the cabinet representative, shall receive
one hundred fifty dollars ($150) per diem for each meeting attended. Members
of the commission also shall be reimbursed for actual and necessary expenses
directly related to meetings of the commission.
(7) If a member of the commission fails to attend four (4) consecutive meetings,
the position shall be considered to be vacated, and the Governor, after
receiving notice of the vacancy from the commission, shall immediately appoint
a qualified person to serve the remainder of the term.
(8) Any member of the commission having any direct or indirect financial interest
or any other conflict of interest with respect to an assignment of classification
pursuant to KRS 350.518, sanctions for nonpayment of fees established in
KRS 350.515 and 350.518, or assessment of the fee pursuant to KRS 350.518,
shall not participate in any discussion or vote pertaining to specific mining
operations for which the member is an owner or employee.
(9) Misuse of the office by a member of the commission to obtain personal,
pecuniary, or material gain or advantage for himself or a company in his
dominion or control shall be automatic grounds for removal by the Governor.
(10) Members of the commission, its agents, and employees shall be immune from
suit in any action, civil or criminal, which is based upon any official act or acts
performed by them in good faith.
(11) Members of the commission, its agents, and employees shall be subject to the
terms and provisions of the Executive Branch Code of Ethics, as set forth in
KRS Chapter 11A.
Effective:March 22, 2013
History: Created 2013 Ky. Acts ch. 78, sec. 3, effective March 22, 2013.
Legislative Research Commission Note (3/22/2013). Under the authority of KRS
7.136(1), the Reviser of Statutes has modified the internal numbering of
subsection (1)(a) of this statute from the way it appeared in 2013 Ky. Acts ch.
78, sec. 3. The words in the text were not changed.
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