UNOFFICIAL COPY 23 RS HB 116/GA
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AN ACT relating to soil and water conservation. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 146.090 is amended to read as follows: 3
(1) The secretary of the Energy and Environment Cabinet, with the approval of the Soil 4
and Water Conservation Commission shall divide the state into nine (9) soil and 5
water conservation areas which shall contain as nearly as practicable, an equal 6
number of soil and water conservation districts; 7
(2) The Soil and Water Conservation Commission shall consist of nine (9) members, 8
not more than five (5) of whom shall be of the same political party, to be appointed 9
by the secretary of the Energy and Environment Cabinet with the approval of the 10
Governor; 11
(3) One (1) member shall be appointed from each of the areas from a list of two (2) 12
names submitted from each area by the Kentucky Association of Conservation 13
Districts[supervisors of the soil and water conservation districts that have their 14
principal offices therein]. All members of the commission shall be supervisors of 15
soil and water conservation districts; 16
(4) The term of office of each member shall be four (4) years; provided that, whenever 17
a member of the commission ceases to hold the office of district supervisor by 18
virtue of which he or she is serving on the commission, his or her term of office as 19
a member of the commission shall be terminated. In the case of any vacancy other 20
than the one (1) caused by the expiration of a term, the secretary of the Energy and 21
Environment Cabinet, with the approval of the Governor, shall appoint the 22
successor from a list of two (2) names submitted by the Kentucky Association of 23
Conservation Districts from the[supervisors of the soil and water conservation] 24
area which was represented by the former member. The successor shall also be a 25
supervisor of a soil and water conservation district; 26
(5) The members of the commission shall designate a chairman from among their 27 UNOFFICIAL COPY 23 RS HB 116/GA
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members and may from time to time change such designation. The commission 1
shall keep a record of its official actions. A majority of the commission shall 2
constitute a quorum. The commission may call upon the Attorney General for legal 3
services as it may require. It may delegate to its chairman, any of its members, the 4
director of the division, or any officer, employee, or agent, powers and duties as it 5
deems proper. Members of the commission shall receive no compensation for their 6
services, but shall be entitled to expenses, including traveling expenses, necessarily 7
incurred in discharging their duties; 8
(6) The following persons are advisory members of the commission by virtue of their 9
offices: the secretary of the Energy and Environment Cabinet, the Commissioner of 10
Agriculture, the director of the agricultural experiment station, the director of 11
vocational education, and the state conservationist of the United States Department 12
of Agriculture. 13
Section 2. KRS 262.210 is amended to read as follows: 14
Nominating petitions shall be filed with the clerk of the county in which the district lies 15
to nominate candidates for supervisors of the district. Such petitions shall be filed by at 16
least the last date prescribed by the election law generally for filing certificates of 17
nomination prior to a general election. Such petitions shall be filed no later than 4 p.m. 18
local time at the place of filing when filed on the last date on which such papers are 19
permitted to be filed. Each nominating petition shall be subscribed by twenty-five (25) or 20
more qualified voters who are residents of the territory to be encompassed by the district. 21
Resident qualified voters may join in nominating by petition more than one (1) candidate 22
for supervisor. The nominating petition shall state the residence and post office address of 23
each candidate, that he or she is legally qualified to hold the office,[ and] that the 24
subscribers desire, and are legally qualified, to vote for the candidate, and for candidates 25
who have not taken office prior to the effective date of this Act, that the candidate is at 26
least eighteen (18) years of age. The county clerk shall certify the nomination and 27 UNOFFICIAL COPY 23 RS HB 116/GA
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election of supervisors to the commission. 1
Section 3. KRS 262.240 is amended to read as follows: 2
(1) A supervisor's term begins on January 1 following his or her election. [The two (2) 3
supervisors elected in the general election of 1974 shall be elected for a term of two 4
(2) years. In 1976 a general election shall be conducted for seven (7) supervisors. 5
The four (4) supervisors elected with the highest number of votes in the general 6
election of 1976 shall serve for four (4) years; the other three (3) supervisors elected 7
in 1976 shall serve for two (2) years. In the event only seven (7) nominating 8
petitions for supervisors are filed, the commission shall declare the nominees 9
elected without an election, and shall name four (4) of the nominees to serve terms 10
of four (4) years, and three (3) to serve terms of two (2) years. Thereafter 11
]Supervisors shall be elected for four (4) years as their terms expire. Nominating 12
petitions for supervisors shall be filed with the county clerk not later than the last 13
date prescribed by the election law generally for filing certificates and petitions of 14
nomination. No such nominating petition shall be accepted by the clerk unless it is 15
signed by twenty-five (25) or more qualified resident voters of the district. 16
Qualified resident voters may sign more than one (1) nominating petition to 17
nominate more than one (1) candidate for supervisor. In the event nominating 18
petitions for only the number of supervisors to be elected are filed, the commission 19
shall declare the nominees elected without holding an election. The county clerk 20
shall examine the petition of each candidate to determine whether it is regular on its 21
face. If there is an error, the county clerk shall notify the candidate by certified 22
mail within twenty-four (24) hours of filing. 23
(2) A supervisor shall hold office until his or her successor has been elected and has 24
qualified. Vacancies shall be filled for the unexpired term by appointment by the 25
commission. 26
(3) A supervisor may be reimbursed for expenses necessarily incurred in the discharge 27 UNOFFICIAL COPY 23 RS HB 116/GA
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of his or her duties and may be paid a per diem for attending meetings or otherwise 1
discharging the obligations of his or her office. 2
(4) A supervisor shall be at least eighteen (18) years of age, a resident of the county or 3
district in which he or she serves as a supervisor, and upon moving from the county 4
or district, the supervisor shall be ineligible to serve as a supervisor and his or her 5
office shall be vacant. 6
(5) A supervisor who has been declared elected without an election pursuant to 7
subsection (1) of this section may be removed from office by the commission in the 8
same manner as provided by KRS 65.007 for removal of an appointed member of 9
the governing body of a special district. 10
Section 4. Whereas the Kentucky Association of Conservation Districts 11
represents the 121 soil conservation districts throughout our great Commonwealth, and its 12
mission is to conserve and develop all renewable natural resources within each district, it 13
is imperative that the continuity of the conservation district's board of supervisors remain 14
as established upon the effective date of this Act. Therefore, it is the intent of the General 15
Assembly that each supervisor of the district shall serve his or her term as elected by the 16
residents of the district which the supervisor represents and shall not be replaced until his 17
or her successor has been elected and has qualified. Furthermore, it is the intent of the 18
General Assembly that, upon the effective date of this Act, candidates for supervisor of a 19
conservation district shall be at least 18 years of age. 20