2022 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. (Effective until January 1, 2023).
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91A.360 Membership of tourist and convention commissions -- Terms -- Officers
and employees -- Audit -- Compliance with KRS 65A.010 to 65A.090.
(Effective until January 1, 2023)
(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 action of a county
(2)
(3)
(4)
(5)
(6)
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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