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2016 Op. Ky. Att'y Gen. 1 (2016)

handle is hein.sag/sagky0050 and id is 1 raw text is: 











OAG   16-001


                             March 15, 2016

Subject:         Whether  a Governor has the power, under KRS 63.080, to
                  remove a duly appointed member of the Kentucky Horse
                  Park Commission during his or her set term, as fixed by KRS
                  148.060.

Requested by:     Gregory D. Stumbo, Speaker of the House of Representatives


Written by:       Mitchel T. Denham, Assistant Deputy Attorney General


Syllabus:         KRS 63.080 does not provide a Governor with the power to
                  remove a duly appointed member of the Kentucky Horse
                  Park Commission or other boards and authorities with set or
                  defined terms. A Governor must wait until the term set
                  forth under KRS 148.260 ends before he may replace a mem-
                  ber.


Statutes construed: KRS 63.080(1); KRS 148.260



                   Opinion  of the Attorney General

Gregory D. Stumbo, Speaker of the Kentucky House of Representatives, has
requested an opinion of this office on whether the Governor, under KRS 63.080,
has the power to remove a duly appointed member of the Kentucky Horse Park
Commission  (hereafter Commission) during his or her four year fixed term.
The Speaker indicates that the operative word shall in KRS 148.260 does not

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