Kentucky Legislation

SB 64 (BR 868) - G. Tapp, J. Pendleton, E. Tori

AN ACT relating to the Kentucky Department of Fish and Wildlife Resources.
Amend KRS 150.022 to subject appointments to the Department of Fish and Wildlife Resources Commission to confirmation by the Senate; permit reappointment to the commission one time; prohibit appointment to the commission if convicted of a Class A misdemeanor or felony game law violation in any state or any jurisdiction; require the Governor to remove any commissioner if he or she was convicted of a Class A misdemeanor or felony game law violation in any state or any jurisdiction; remove eligibility of resident motorboat owners to vote for a commissioner in sportsmen's district election; amend KRS 150.150 to prohibit commingling of moneys in the Fish and Game Fund and require moneys be kept according to generally accepted accounting principles; amend KRS 150.061 to delete the indefinite term of employment and require a defined contract term of employment for the commissioner of Fish and Wildlife which is subject to removal or reappointment by the commission; require the commission to approve compensation, duties and terms of employment of the commission's employees; amend KRS 150.090 to require conservation officers to have full peace officer powers with restrictions to enforce fish and game laws only, except when there is a written request for assistance by another law enforcement agency and the commissioner has determined the fiscal impact on the department' resources or if there is an immediate life-threatening situation; restrict conservation officers service of process unrelated to enforcement of fish and game laws; require requests for assistance for periods longer than thirty days to have the approval of the commission and for assistance with commission approval to have a limited duration of thirty days; amend KRS 235.330 to require moneys collected under the boating chapters to be kept under different accounts in the Fish and Game Fund and not to be commingled with other funds; delete use of general fund appropriations for the Division of Law Enforcement.

SB 64 - AMENDMENTS

     SCS (1) - Retain original provisions of SB 64; require the Auditor of Public Accounts to perform an annual audit of the department of Fish and Wildlife Resources; delete ineligibility to serve on the commission if convicted of a Class A misdemeanor; prohibit service on the commission if convicted of a felony; and delete restrictions on duties of conservation officers with respect to enforcement of laws outside the fish and game statutes.

     SCS (2) - Retain original provisions; create new sections of KRS Chapter 150 to require annual audits; require the commission to replace public hunting land when it becomes unavailable for that purpose; require a report on-no-net loss of public hunting lands to the Legislative Research Commission and to the Interim Joint Committee on Natural Resources and Environment by October 1 of each year; allow persons to carry firearms on commission-owned or managed land; allow use of firearm for personal protection and prohibit use of firearm on commission land to take an animal in violation of fish and game laws; amend KRS 150.022 to prohibit persons that have committed a felony from serving on the commission; amend KRS 150.150 and KRS 235.330 to require the fish and game fund to maintain separate restricted fund accounts and to prohibit commingling of money in the fund; amend KRS 150.061 to require the department commissioner to be subject to annual review in closed session by the commission and require the commission to approve grant-funded, time-limited positions; amend KRS 150.725 to define the import of captive cervids and to establish a definition for "in transit" of captive cervids; amend KRS 150.740 to provide regulation and permit transport of captive cervids through the state if the final destination is outside of the Commonwealth; amend KRS 150.990 to create tiered penalties for violations of taking wildlife with a firearm during bow season.

     HCS - Retain provisions of SB 64/GA; provide that for hunting to be allowed on agency-owned or agency-managed land, that agency, in addition to the Department of Fish and Wildlife Resources Commission, must determine that the land is suitable for hunting; require the department to prescribe a method to allow an applicant for a license required under KRS 150.175 to voluntarily contribute $2.00 at the time of making the application to the Becoming an Outdoors-Woman program or other hunter and angler recruitment and retention programs.

     HFA (1, R. Damron) - Retain original provisions; add new section of KRS Chapter 150 to require Department of Fish and Wildlife Resources to hold hearings or administrative regulations affecting abutting property owners to department-owned or-controlled property within 10 miles of the property boundary; add a new section of KRS Chapter 150 to provide that the department shall, by administrative regulation, specify permitted and prohibited uses of department property, licenses, and permits for use of department property and buffer areas between department-owned property and adjoining property.

     HFA (2/P, K. Hall) - Attach the provisions of House Bill 173 to Senate Bill 64/HCS.

     HFA (3/Title, K. Hall) - Make title amendment.

     Jan 5-introduced in Senate
     Jan 6-to Natural Resources and Energy (S)
     Mar 4-reported favorably, 1st reading, to Calendar with Committee Substitute
     Mar 5-2nd reading, to Rules
     Mar 10-recommitted to Natural Resources and Energy (S); reported favorably, to Rules with Committee Substitute (2) ; posted for passage in the Regular Orders of the Day for Wednesday, March 10, 2010; 3rd reading; Committee Substitute (1) withdrawn; passed 35-0 with Committee Substitute (2) ; received in House
     Mar 15-to Natural Resources & Environment (H)
     Mar 18-posted in committee
     Mar 19-taken from committee; 1st reading; returned to Natural Resources & Environment (H)
     Mar 22-taken from committee; 2nd reading; returned to Natural Resources & Environment (H)
     Mar 23-reported favorably, to Rules with Committee Substitute
     Mar 24-posted for passage in the Regular Orders of the Day for Thursday, March 25, 2010
     Mar 25-floor amendments (1) and (2) filed to Committee Substitute, floor amendment (3-title) filed
     Mar 26-3rd reading, passed 86-5 with Committee Substitute, floor amendment (1) ; received in Senate
     Mar 29-posted for passage for concurrence in House Committee Substitute, floor amendment (1) ; Senate concurred in House Committee Substitute, floor amendment (1) ; passed 37-0; enrolled, signed by President of the Senate
     Apr 1-enrolled, signed by Speaker of the House; delivered to Governor
     Apr 13-signed by Governor (Acts ch. 158)

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