2014 Kentucky Revised Statutes
CHAPTER 91A - FINANCE AND REVENUE OF CITIES
91A.360 Membership of tourist and convention commissions -- Terms -- Officers and employees – Audit -- Compliance with KRS 65A.010 to 65A.090.
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<![CDATA[91A.360
Membership of tourist and convention commissions -- Terms -Officers and employees
Audit -- Compliance with KRS 65A.010 to
65A.090.
(1)
The commission established pursuant to KRS 91A.350(2) shall be composed
of seven (7) members to be appointed, in accordance with the method used to
establish the commission. Members of a commission established by joint action
of the local governing bodies of a county and a city or cities located therein
shall be appointed, jointly, by the chief executive officers of the local governing
bodies that established the commission. Members of a commission established
by separate action of the local governing body of a county or a city located
therein shall be appointed separately by the chief executive officer of the local
governing body that established the commission. The chief executive officer of
a city shall mean the mayor and the chief executive officer of a county shall
mean the county judge/executive. Appointments to a commission shall be
made by the appropriate chief executive officer or officers in the following
manner:
(a) Two (2) commissioners shall be appointed from a list of three (3) or more
names submitted by the local city hotel and motel association and one (1)
commissioner shall be appointed from a list of three (3) or more names
submitted by the local county hotel and motel association, provided that if
only one (1) local hotel and motel association exists which covers both
the city and county, then three (3) commissioners shall be appointed from
a list of six (6) or more names submitted by it. If no formal local city or
county hotel and motel association is in existence upon the establishment
of a commission or upon the expiration of the term of a commissioner
appointed pursuant to this subsection, then up to three (3) commissioners
shall be appointed by the appropriate chief executive officer or officers
from persons residing within the jurisdiction of the commission and
representing local hotels or motels. A local city or county hotel and motel
association shall not be required to be affiliated with the Kentucky Hotel
and Motel Association to be recognized as the official local city or county
hotel and motel association.
(b) One (1) commissioner shall be appointed from a list of three (3) or more
names submitted by the local restaurant association or associations. If no
formal local restaurant association or associations exist upon the
establishment of a commission or upon the expiration of the term of a
commissioner appointed pursuant to this subsection, then one (1)
commissioner shall be appointed by the appropriate chief executive
officer or officers from persons residing within the jurisdiction of the
commission and representing a local restaurant. A local restaurant
association or associations shall not be required to be affiliated with the
Kentucky Restaurant Association to be recognized as the official local
restaurant association or associations.
(c) One (1) commissioner shall be appointed from a list of three (3) or more
names submitted by the chamber or chambers of commerce existing
within those governmental units, which by joint or separate action have
established the commission. If the commission is established by joint
(2)
(3)
(4)
(5)
(6)
action of a county and a city or cities, then each chamber of commerce
shall submit a list of three (3) names, and the chief executive officers of
the participating governmental units shall jointly appoint one (1)
commission member from the aggregate list. If no local chamber of
commerce is in existence upon the establishment of a commission or
upon the expiration of the term of a commissioner appointed pursuant to
this subsection, then one (1) commissioner shall be appointed by the
appropriate chief executive officer or officers from persons residing within
the jurisdiction of the commission and representing local businesses.
(d) Two (2) commissioners shall be appointed in the following manner:
1.
By the chief executive officer of the county or city, if the commission
has been established by separate action of a county or city; or
2.
One (1) each by the chief executive officer of the county and by the
chief executive officer of the most populous city participating in the
establishment of the commission, if the commission has been
established by joint action of a county and a city or cities.
A candidate submitted for appointment to the commission, pursuant to
subsection (1)(a) to (1)(c), shall be appointed by the appropriate chief
executive officer or officers within thirty (30) days of the receipt of the required
list or lists. Vacancies shall be filled in the same manner that original
appointments are made.
The commissioners shall be appointed for terms of three (3) years, provided,
that in making the initial appointments, the appropriate chief executive officer or
officers shall appoint two (2) commissioners for a term of three (3) years, two
(2) commissioners for a term of two (2) years and three (3) commissioners for a
term of one (1) year. There shall be no limitation on the number of terms to
which a commissioner is reappointed. Subsequent appointments shall be for
three (3) year terms.
The commission shall elect from its membership a chairman and a treasurer,
and may employ personnel and make contracts necessary to carry out the
purpose of KRS 91A.350 to 91A.390. The contracts may include, but shall not
be limited to, the procurement of promotional services, advertising services,
and other services and materials relating to the promotion of tourist and
convention business. Contracts of the type enumerated shall be made only
with persons, organizations, and firms with experience and qualifications for
providing promotional services and materials, such as advertising firms,
chambers of commerce, publishers, and printers.
The books of the commission and its account as established in KRS
91A.390(2) shall be audited as provided in KRS 65A.030. The independent
certified public accountant or Auditor of Public Accounts shall make a report to
the commission, to the associations submitting lists of names from which
commission members are selected, to the appropriate chief executive officer or
officers, to the State Auditor of Public Accounts, and to the local governing
body or bodies that established the commission that was audited. A copy of the
audit report shall be made available by the commission to members of the
public upon request and at no charge.
A commissioner may be removed from office, by joint or separate action, of the
(7)
appropriate chief executive officer or officers of the local governing body or
bodies that established the commission, as provided by KRS 65.007.
The commission shall comply with the provisions of KRS 65A.010 to 65A.090.
Effective:March 19, 2014
History: Amended 2014 Ky. Acts ch. 7, sec. 7, effective March 19, 2014. -Amended 2013 Ky. Acts ch. 40, sec. 38, effective March 21, 2013. -- Amended
2000 Ky. Acts ch. 344, sec. 2, effective July 14, 2000. -- Amended 1992 Ky.
Acts ch. 56, sec. 2, effective July 14, 1992. -- Amended 1980 Ky. Acts ch. 18,
sec. 7, effective July 15, 1980; and ch. 153, sec. 1, effective July 15, 1980. -Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 20, sec. 6, effective January 2,
1978. -- Amended 1976 Ky. Acts ch. 139, sec. 1. -- Amended 1974 Ky. Acts ch.
324, sec. 2. -- Amended 1970 Ky. Acts ch. 59, sec. 1. -- Created 1968 Ky. Acts
ch. 138, sec. 2.
Formerly codified as KRS 83.345.
Legislative Research Commission Note (3/19/2014). 2014 Ky. Acts ch. 7, sec. 11
provides that the amendments to this statute made in 2014 Ky. Acts ch. 7, sec.
7, shall apply retroactively beginning January 1, 2014.
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