{"data":{"id":"us-ky/krs-350.506","jurisdiction":"us-ky","citation":"KRS 350.506","heading":"Reclamation Guaranty Fund Commission -- Membership -- Bylaws --","body":"Meetings -- Conflicts of interest -- Applicability of Executive Branch Code of\nEthics.\n(1) There is hereby created the Reclamation Guaranty Fund Commission which shall be\nadministratively attached to the cabinet. The commission shall consist of seven (7)\nmembers. One (1) member shall be the secretary of the Energy and Environment\nCabinet, or his or her designee, who shall serve as chair of the commission. The\nother six (6) members  of the commission shall be appointed by the Governor as\nfollows:\n(a) Three (3) members of the commission shall be representatives of coal mining\npermittees that participate in the fund, with the following qualifications tiered\nto represent the size of the operator measured in tons of coal sold:\n1. A representative of a permittee which participates in the fund and has\nmined and sold less than one million (1,000,000) tons of coal during the\ntwelve (12) months preceding appointment;\n2. A representative of a p ermittee which participates in the fund and has\nmined and sold over one million (1,000,000) tons but less than five\nmillion (5,000,000) tons of coal during the twelve (12) months\npreceding appointment; and\n3. A representative of a permittee which participa tes in the fund and has\nmined and sold more than five million (5,000,000) tons of coal during\nthe twelve (12) months preceding appointment.\nIf no permittee that participates in the fund meets the qualifications stated in\nsubparagraph 2. or 3. of this para graph, then a qualified permittee shall be\nselected in a lower tier;\n(b) Two (2) members of the commission shall be representatives with a\nbackground in the insurance and banking industries with knowledge of the\ncoal industry and chosen from a list of nomi nees submitted by the chair of the\ncommission and the remaining members of the commission; and\n(c) One (1) member shall be a certified public accountant who is not associated\nwith, or does not have a financial interest in, coal mining operations in the\nCommonwealth of Kentucky.\n(2) (a) Appointments shall be made by the Governor for terms of four (4) years.\nMembers may serve successive terms if reappointed, not to exceed two (2) full\nconsecutive terms. Any vacancy in an unexpired term shall be filled for the\nunexpired portion of the term by the Governor.\n(b) A member of the commission shall be elected at the first meeting of each\nfiscal year by majority vote of the other members to serve as vice chair of the\ncommission whose term shall be for one (1) year.\n(3) The commission shall adopt bylaws by which it shall establish procedures for\nconduct of meetings.\n(4) The official domicile of the commission shall be Franklin County. All actions of the\ncommission shall be considered to occur in Franklin County.\n(5) The commission shall meet no less than once every three (3) months. Four (4)\nmembers of the commission shall constitute a quorum at any meeting.\n(6) Each commission member, except the cabinet representative, shall receive one\nhundred fifty dollars ($150) p er diem for each meeting attended. Members of the\ncommission also shall be reimbursed for actual and necessary expenses directly\nrelated to meetings of the commission.\n(7) If a member of the commission fails to attend four (4) consecutive meetings, the\nposition shall be considered to be vacated, and the Governor, after receiving notice\nof the vacancy from the commission, shall immediately appoint a qualified person\nto serve the remainder of the term.\n(8) Any member of the commission having any direct or ind irect financial interest or\nany other conflict of interest with respect to an assignment of classification pursuant\nto KRS 350.518, sanctions for nonpayment of fees established in KRS 350.515 and\n350.518, or assessment of the fee pursuant to KRS 350.518, s hall not participate in\nany discussion or vote pertaining to specific mining operations for which the\nmember is an owner or employee.\n(9) Misuse of the office by a member of the commission to obtain personal, pecuniary,\nor material gain or advantage for hi mself or a company in his dominion or control\nshall be automatic grounds for removal by the Governor.\n(10) Members of the commission, its agents, and employees shall be immune from suit\nin any action, civil or criminal, which is based upon any official act  or acts\nperformed by them in good faith.\n(11) Members of the commission, its agents, and employees shall be subject to the terms\nand provisions of the Executive Branch Code of Ethics, as set forth in KRS Chapter\n11A.","path":["KRS Chapter 350"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52984","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:36Z","sha256":"83b03895f3fe8e226403a997b0febbec2d5eeaf498c213f1afff4f7aff5ff4e6","source_id":"us-ky","stale":false,"prev":"us-ky/krs-350.503","next":"us-ky/krs-350.509"},"notice":"GroundRules: Original legal text. Not legal advice."}