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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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