KRS § 148.0222 — KY Code / Title XII / Chapter 148 / Section 148.0222
148.0222 Kentucky Mountain Regional Recreation Authority -- Creation -- Status -- Powers -- Purpose -- Governance -- Operation -- Membership -- Compliance with special purpose governmental entities laws -- Employees
Status: in_force

148.0222 Kentucky Mountain Regional Recreation Authority -- Creation -- Status -

- Powers -- Purpose -- Governance -- Operation -- Membership -- Compliance

with special purpose governmental entities laws -- Employees.

(1) The Kentucky Mountain Regional Recreation Authority is hereby created and

established as an independent, de jure municipal corporation and political

subdivision of the Commonwealth and shall exercise all of the powers that a

corporation may lawfully exercise under the laws of the Commonwealth. The

authority shall be a public body corporate and politic and an instrumentality of the

Commonwealth, established with all the general corporate powers incidental

thereto. The authority shall be attached to the Kentucky Department for Local

Government for administrative purposes only. The authority shall be reauthorized

for five (5) years from June 27, 2019, and may be renewed by the General

Assembly. The authority may adopt by laws and administrative regulations, subject

to KRS Chapter 13A, for the orderly conduct of its affairs.

(2) The purpose of the authority is to establish, maintain, and promote a recreational

trail system throughout the KMRRA to increase economic development, tourism,

and outdoor recreation for residents and visitors. The recreational trail system shall

be located with significant portions of the system situated on private property made

available for use through lease, license, easement, or other appropriate legal form by

willing landowners.

(3) The authority shall be governed by a board of directors consisting of representatives

from participating counties and the Commonwealth as provided in this section.

(4) The authority and board shall become operational when sixteen (16) target counties

complete the requirements established by subsection (5)(a) of this section. When at

least sixteen (16) target counties become participating counties, the commissioner

of the Department for Local Government shall notify the county judge/executive of

each of the participating counties, as well as the board members described in

subsection (6) of this section, that the requirements have been met for the authority

and board to become operational. The commissioner shall also establish a date,

time, and place for an initial organizational meeting of the board, and shall serve as

interim chair of the initial organizational meeting until such time as a chair is

elected. The chair shall be a resident of a participating county.

(5) Any target county may become a participating county upon adoption of a resolution

or ordinance by the governing body of the county specifically approving the

county's participation in the KMRRA and submission of the adopted resolution or

ordinance to:

(a) The commissioner of the Department for Local Government if the resolution

or ordinance is adopted prior to the KMRRA becoming operational pursuant

to subsection (4) of this section; or

(b) The KMRRA if the resolution or ordinance is adopted after KMRRA becomes

operational.

(6) The KMRRA board shall consist of the following members:

(a) The secretary of the Tourism, Arts and Heritage Cabinet or his or her

designee;

(b) The commissioner of the Department for Local Government or his or her

designee;

(c) The commissioner of the Department of Fish and Wildlife Resources or his or

her designee;

(d) If an executive director of the authority has been employed under subsection

(10) of this section, he or she shall serve as a nonvoting member, except in the

event of a tie vote of the board;

(e) One (1) representative selected for each of the nine (9) participating counties

as provided in subsection (8) of this section, who shall be either:

1. The county judge/executive; or

2. The county judge/executive's designee, who shall be an individual

involved with economic development, tourism, recreation, or a related

area within the county;

(f) One (1) state Representative who is from the KMRRA region shall serve as a

nonvoting member, appointed to a two (2) year term by the Speaker of the

Kentucky House of Representatives, and shall not serve another term

consecutively with a prior term; and

(g) One (1) state Senator who is from the KMRRA region shall serve as a

nonvoting member, appointed to a two (2) year term by the President of the

Kentucky Senate, and shall not serve another term consecutively with a prior

term.

(7) The board membership of each county judge/executive or his or her designee shall:

(a) Begin with the county judge/executive's term of office; and

(b) End with the county judge/executive's term of office.

If a county judge/executive ceases to serve as the county judge/executive prior to

the end of his or her term, he or she shall be removed from the board, and his or her

replacement as county judge/executive shall serve on the board for the remainder of

the term.

(8) (a) The twelve (12) voting members of the board shall be:

1. The nine (9) county judges/executive, or their designees, from different

KMRRA participating counties as described in subsection (6)(e) of this

section;

2. The secretary of the Tourism, Arts and Heritage Cabinet or his or her

designee;

3. The commissioner of the Department for Local Government or his or

her designee; and

4. The commissioner of the Department of Fish and Wildlife Resources or

his or her designee.

(b) The nine (9) initial county representatives shall be the county judges/executive

of Breathitt, Martin, Perry, Knott, Leslie, Letcher, Pike, Magoffin, and Floyd

Counties or their designees in that order. The first three (3) representatives

listed shall serve a three (3) year term as voting members, the next three (3)

representatives shall serve a two (2) year term as voting members, and the

remaining three (3) representatives shall serve a one (1) year term as voting

members.

(c) After each term ends, the voting county representative shall be replaced by

one (1) of the county judges/executive or his or her designee from one (1) of

the target counties whose representative has not yet served as a voting

member.

(d) After the third year of operation, each new voting member shall serve a term

of three (3) years, then step down and let a representative from the next county

in line alphabetically whose representative has not served as a voting member

take his or her place.

(e) Once representatives from all participating counties within KMRA have each

served one (1) term, the rotation shall begin again.

(9) (a) The board shall meet at least once annually to elect officers, establish a regular

meeting schedule, and perform other duties as may be prescribed in the

authority's bylaws. The board chair may call special meetings at any time.

(b) Notice of each meeting shall be made both in writing and electronically and

delivered to board members at least seven (7) days before the scheduled

meeting date. Electronic mail alone is an acceptable form of notice of special

meetings, so long as it is sent to directors at least seven (7) days before the

scheduled meeting date.

(c) Accommodations shall be made for remote attendance of each board meeting,

whether regular or special, through means such as video conferencing,

conference call, or similar services.

(d) The presence of a majority of the total voting members of the KMRRA board,

whether in person or remote, shall constitute a quorum. Vacant board

positions shall be counted against the quorum total necessary for board action.

(e) Board meetings shall be held exclusively within KMRRA participating

counties, and each meeting shall be held in a different participating county

until every participating county has hosted a meeting, at which time the cycle

shall begin again.

(10) The KMRRA board:

(a) Shall elect a chair, vice chair, secretary, treasurer, and any other officers as

established in the bylaws of the board;

(b) May appoint temporary and standing committees to accomplish the purposes

of KRS 148.0221 to 148.0225 and shall clearly describe the role,

responsibilities, and tenure of each committee so created;

(c) Shall adopt bylaws for the management and regulation of its affairs and all

other matters necessary to effect proper management and accountability of the

board. The bylaws shall include, at a minimum, the following:

1. The powers and duties of the board's members and the manner and

number of officers to be elected from among the board members; and

2. The terms, conditions, and manner in which a board member will be

removed;

(d) Shall review and approve an annual budget;

(e) Shall ensure that all administrative costs for operating the authority are paid

from funds accruing to the authority. The authority, its board, and its staff

shall incur no liability or obligation beyond the extent to which revenues have

been provided under KRS 148.0221 to 148.0225;

(f) May seek administrative and management assistance through written

agreement with state agencies, local area development districts, or local

governing bodies until such time as the board has secured sufficient funding

through grants, loans, fee systems, or any other funding source to hire staff;

and

(g) Shall employ an executive director to act as its chief executive officer to serve

at its will and pleasure once it is financially possible to do so.

(11) The authority shall comply with the provisions of KRS Chapter 65A.

(12) The executive director:

(a) Shall be a person who is domiciled in a KMRRA participating county;

(b) May, with permission of the board and approval of the commissioner of the

Department for Local Government or his or her designee, employ any other

hourly personnel considered necessary and retain temporary services. Pay

raises for any personnel shall require approval of the board and the

commissioner of the Department for Local Government or his or her designee;

(c) Shall carry out plans to implement KRS 148.0221 to 148.0225 and to exercise

those powers enumerated in the bylaws of the board;

(d) Shall, along with any staff with responsibilities so delegated by the executive

director, ensure that all minutes, records, and orders of the authority and its

board are complete and available for public inspection, if necessary;

(e) Shall prepare narrative and financial reports of the authority's fiscal

obligations and submit these reports to the board at regularly scheduled

meetings or as otherwise directed; and

(f) May cast a tiebreaking vote in board decisions, but shall not be permitted to

cast a vote under any other circumstances. Until such time as an executive

director is hired, the chairperson of the board shall make the final

determination in the event of a tie vote of the board.

(13) The executive director, all full-time or part-time personnel, all seasonal employees,

and all contractual employees, if any, shall be paid from funds accruing to the

authority and authorized in a budget approved by the board, unless the Department

for Local Government has temporarily taken on the responsibility of paying any of

those employees.

(14) Board members shall serve without compensation, but may be reimbursed for actual

and necessary travel expenses incurred in the performance of their duties, subject to

Finance and Administration Cabinet administrative regulations. Board members

may have their lodging reimbursed by KMRRA. Any reimbursement requests

exceeding five hundred dollars ($500) per person shall be submitted to the

Department for Local Government for approval.