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AN ACT relating to tourist and convention commissions. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 91A.360 is amended to read as follows: 3
(1) The commission established pursuant to KRS 91A.350(2) shall be composed of 4
seven (7) members to be appointed, in accordance with the method used to establish 5
the commission. Members of a commission established by joint action of the local 6
governing bodies of a county and a city or cities located therein shall be appointed, 7
jointly, by the chief executive officers of the local governing bodies that established 8
the commission. Members of a commission established by separate action of the 9
local governing body of a county or a city located therein shall be appointed 10
separately by the chief executive officer of the local governing body that 11
established the commission. The chief executive officer of a city shall mean the 12
mayor and the chief executive officer of a county shall mean the county 13
judge/executive. Appointments to a commission shall be made by the appropriate 14
chief executive officer or officers in the following manner: 15
(a) Two (2) commissioners shall be appointed from a list of three (3) or more 16
names submitted by the local city hotel and motel association and one (1) 17
commissioner shall be appointed from a list of three (3) or more names 18
submitted by the local county hotel and motel association, provided that if 19
only one (1) local hotel and motel association exists which covers both the 20
city and county, then three (3) commissioners shall be appointed from a list of 21
six (6) or more names submitted by it. If no formal local city or county hotel 22
and motel association is in existence upon the establishment of a commission 23
or upon the expiration of the term of a commissioner appointed pursuant to 24
this subsection, then up to three (3) commissioners shall be appointed by the 25
appropriate chief executive officer or officers from persons residing within the 26
county or city[jurisdiction] of the commission and representing local hotels or 27 UNOFFICIAL COPY 25 RS BR 47
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motels. A local city or county hotel and motel association shall not be 1
required to be affiliated with the Kentucky Hotel and Motel Association to be 2
recognized as the official local city or county hotel and motel association;[.] 3
(b) One (1) commissioner shall be appointed from a list of three (3) or more 4
names submitted by the local restaurant association or associations. If no 5
formal local restaurant association or associations exist upon the 6
establishment of a commission or upon the expiration of the term of a 7
commissioner appointed pursuant to this subsection, then one (1) 8
commissioner shall be appointed by the appropriate chief executive officer or 9
officers from persons residing within the county or city[jurisdiction] of the 10
commission and representing a local restaurant. A local restaurant association 11
or associations shall not be required to be affiliated with the Kentucky 12
Restaurant Association to be recognized as the official local restaurant 13
association or associations;[.] 14
(c) One (1) commissioner shall be appointed from a list of three (3) or more 15
names submitted by the chamber or chambers of commerce existing within 16
those governmental units, which by joint or separate action have established 17
the commission. If the commission is established by joint action of a county 18
and a city or cities, then each chamber of commerce shall submit a list of three 19
(3) names, and the chief executive officers of the participating governmental 20
units shall jointly appoint one (1) commission member from the aggregate list. 21
If no local chamber of commerce is in existence upon the establishment of a 22
commission or upon the expiration of the term of a commissioner appointed 23
pursuant to this subsection, then one (1) commissioner shall be appointed by 24
the appropriate chief executive officer or officers from persons residing within 25
the county or city[jurisdiction] of the commission and representing local 26
businesses; and[.] 27 UNOFFICIAL COPY 25 RS BR 47
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(d) Two (2) commissioners shall be appointed in the following manner: 1
1. By the chief executive officer of the county or city, if the commission 2
has been established by separate action of a county or city; or 3
2. One (1) each by the chief executive officer of the county and by the 4
chief executive officer of the most populous city participating in the 5
establishment of the commission, if the commission has been 6
established by joint action of a county and a city or cities. 7
(2) A candidate submitted for appointment to the commission, pursuant to subsection 8
(1)(a) to (1)(c) of this section, shall be appointed by the appropriate chief executive 9
officer or officers within thirty (30) days of the receipt of the required list or lists. 10
Vacancies shall be filled in the same manner that original appointments are made. 11
(3) The commissioners shall be appointed for terms of three (3) years, provided, that in 12
making the initial appointments, the appropriate chief executive officer or officers 13
shall appoint two (2) commissioners for a term of three (3) years, two (2) 14
commissioners for a term of two (2) years and three (3) commissioners for a term of 15
one (1) year. There shall be no limitation on the number of terms to which a 16
commissioner is reappointed. Subsequent appointments shall be for three (3) year 17
terms. 18
(4) The commission shall elect from its membership a chair[chairman] and a treasurer, 19
and may employ personnel and make contracts necessary to carry out the purpose 20
of KRS 91A.345 to 91A.394. The contracts may include, but shall not be limited to, 21
the procurement of promotional services, advertising services, and other services 22
and materials relating to the promotion of tourist and convention business. 23
Contracts of the type enumerated shall be made only with persons, organizations, 24
and firms with experience and qualifications for providing promotional services and 25
materials, such as advertising firms, chambers of commerce, publishers, and 26
printers. 27 UNOFFICIAL COPY 25 RS BR 47
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(5) The books of the commission and its account as established in KRS 91A.390(2) 1
shall be audited as provided in KRS 65A.030. The independent certified public 2
accountant or Auditor of Public Accounts shall make a report to the commission, to 3
the associations submitting lists of names from which commission members are 4
selected, to the appropriate chief executive officer or officers, to the[ State] Auditor 5
of Public Accounts, and to the local governing body or bodies that established the 6
commission that was audited. A copy of the audit report shall be made available by 7
the commission to members of the public upon request and at no charge. 8
(6) A commissioner may be removed from office, by joint or separate action, of the 9
appropriate chief executive officer or officers of the local governing body or bodies 10
that established the commission, as provided by KRS 65.007. 11
(7) The commission shall comply with the provisions of KRS 65A.010 to 65A.090. 12