KRS 350.506: Reclamation Guaranty Fund Commission -- Membership -- Bylaws --

Meetings -- Conflicts of interest -- Applicability of Executive Branch Code of

Ethics.

(1) There is hereby created the Reclamation Guaranty Fund Commission which shall be

administratively attached to the cabinet. The commission shall consist of seven (7)

members. One (1) member shall be the secretary of the Energy and Environment

Cabinet, or his or her designee, who shall serve as chair of the commission. The

other six (6) members of the commission shall be appointed by the Governor as

follows:

(a) Three (3) members of the commission shall be representatives of coal mining

permittees that participate in the fund, with the following qualifications tiered

to represent the size of the operator measured in tons of coal sold:

1. A representative of a permittee which participates in the fund and has

mined and sold less than one million (1,000,000) tons of coal during the

twelve (12) months preceding appointment;

2. A representative of a p ermittee which participates in the fund and has

mined and sold over one million (1,000,000) tons but less than five

million (5,000,000) tons of coal during the twelve (12) months

preceding appointment; and

3. A representative of a permittee which participa tes in the fund and has

mined and sold more than five million (5,000,000) tons of coal during

the twelve (12) months preceding appointment.

If no permittee that participates in the fund meets the qualifications stated in

subparagraph 2. or 3. of this para graph, then a qualified permittee shall be

selected in a lower tier;

(b) Two (2) members of the commission shall be representatives with a

background in the insurance and banking industries with knowledge of the

coal industry and chosen from a list of nomi nees submitted by the chair of the

commission and the remaining members of the commission; and

(c) One (1) member shall be a certified public accountant who is not associated

with, or does not have a financial interest in, coal mining operations in the

Commonwealth of Kentucky.

(2) (a) Appointments shall be made by the Governor for terms of four (4) years.

Members may serve successive terms if reappointed, not to exceed two (2) full

consecutive terms. Any vacancy in an unexpired term shall be filled for the

unexpired portion of the term by the Governor.

(b) A member of the commission shall be elected at the first meeting of each

fiscal year by majority vote of the other members to serve as vice chair of the

commission whose term shall be for one (1) year.

(3) The commission shall adopt bylaws by which it shall establish procedures for

conduct of meetings.

(4) The official domicile of the commission shall be Franklin County. All actions of the

commission shall be considered to occur in Franklin County.

(5) The commission shall meet no less than once every three (3) months. Four (4)

members of the commission shall constitute a quorum at any meeting.

(6) Each commission member, except the cabinet representative, shall receive one

hundred fifty dollars ($150) p er diem for each meeting attended. Members of the

commission also shall be reimbursed for actual and necessary expenses directly

related to meetings of the commission.

(7) If a member of the commission fails to attend four (4) consecutive meetings, the

position shall be considered to be vacated, and the Governor, after receiving notice

of the vacancy from the commission, shall immediately appoint a qualified person

to serve the remainder of the term.

(8) Any member of the commission having any direct or ind irect financial interest or

any other conflict of interest with respect to an assignment of classification pursuant

to KRS 350.518, sanctions for nonpayment of fees established in KRS 350.515 and

350.518, or assessment of the fee pursuant to KRS 350.518, s hall not participate in

any discussion or vote pertaining to specific mining operations for which the

member is an owner or employee.

(9) Misuse of the office by a member of the commission to obtain personal, pecuniary,

or material gain or advantage for hi mself or a company in his dominion or control

shall be automatic grounds for removal by the Governor.

(10) Members of the commission, its agents, and employees shall be immune from suit

in any action, civil or criminal, which is based upon any official act or acts

performed by them in good faith.

(11) Members of the commission, its agents, and employees shall be subject to the terms

and provisions of the Executive Branch Code of Ethics, as set forth in KRS Chapter

11A.