KRS § 91A.360 — KY Code / Title IX / Chapter 91A / Section 91A.360
91A.360 Membership of tourist and convention commissions -- Terms -- Officers and employees -- Audit -- Compliance with KRS 65A.010 to 65A.090
Status: in_force

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

county or city 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 county or city 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

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 county or city of the commission and representing local businesses; and

(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.

(2) A candidate submitted for appointment to the commission, pursuant to subsection

(1)(a) to (c) of this section, 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.

(3) 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.

(4) The commission shall elect from its membership a chair and a treasurer, and may

employ personnel and make contracts necessary to carry out the purpose of KRS

91A.345 to 91A.394. 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.

(5) 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 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.

(6) A commissioner may be removed from office, by joint or separate action, of the

appropriate chief executive officer or officers of the local governing body or bodies

that established the commission, as provided by KRS 65.007.

(7) The commission shall comply with the provisions of KRS 65A.010 to 65A.090.