UNOFFICIAL COPY 22 RS BR 1106
Page 1 of 13
XXXX Jacketed
AN ACT relating to the Department of Fish and Wildlife Resources and declaring 1
an emergency. 2
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3
SECTION 1. A NEW SECTION OF KRS CHAPTER 150 IS CREATED TO 4
READ AS FOLLOWS: 5
(1) The department shall: 6
(a) Conduct all procurements necessary for the performance of its duties in 7
accordance with KRS Chapter 45A and this chapter, provided that this 8
chapter controls if any provision in this chapter is expressly inconsistent 9
with any provision of KRS Chapter 45A; or 10
(b) Promulgate administrative regulations pursuant to KRS Chapter 13A 11
establishing its procurement procedures. 12
(2) If the department elects to promulgate administrative regulations establishing its 13
procurement procedures rather than conduct procurements in accordance with 14
KRS Chapter 45A, the department may include sections of KRS Chapter 45A as 15
part of its administrative regulations and shall require review of personal service 16
contracts, tax incentive agreements, and memoranda of agreement by the 17
Government Contract Review Committee as established by KRS 45A.705. 18
(3) Procurements for personal service contracts shall not be subject to the 19
requirements of KRS 45A.695(2)(b). 20
(4) The department's procurement procedures or administrative regulations shall be 21
designed to provide for the purchase of supplies, equipment, services, and 22
construction items that provide the greatest long-term benefit to the 23
Commonwealth, the greatest integrity for the department, and the best service 24
and products for the public. 25
(5) In its bidding and negotiation processes, the department may: 26
(a) Perform its own bidding and procurement; 27 UNOFFICIAL COPY 22 RS BR 1106
Page 2 of 13
XXXX Jacketed
(b) Utilize the services of the Finance and Administration Cabinet; or 1
(c) Utilize a combination thereof. 2
(6) The commissioner of the department may, in lieu of the secretary of the Finance 3
and Administration Cabinet, declare an emergency for purchasing purposes. 4
Section 2. KRS 150.021 is amended to read as follows: 5
(1) The Department of Fish and Wildlife Resources shall constitute an independent[a] 6
department of state government within the meaning of KRS Chapter 12, and shall 7
be administratively attached to the Tourism, Arts and Heritage Cabinet only for 8
those limited functions and purposes expressly requested by the department to be 9
performed by the Tourism, Arts and Heritage Cabinet. The department shall have 10
sole discretion as to which functions shall be deemed necessary for the efficient 11
operation of the department and the properties in its custody and control. The 12
department shall consist of a commissioner, a Fish and Wildlife Resources 13
Commission, the Division of Law Enforcement, and other agents and employees 14
provided for in this chapter. The department shall enforce the laws and regulations 15
adopted under this chapter relating to wildlife and shall exercise all powers 16
necessarily incident thereto. 17
(2) [Except with regard to the commission's authority to appoint and compensate a 18
commissioner under KRS 150.061, any powers conferred by this chapter upon the 19
Department of Fish and Wildlife Resources, the Fish and Wildlife Resources 20
Commission, or the commissioner of the Department of Fish and Wildlife 21
Resources, and any powers conferred by KRS Chapter 235 shall be exercised 22
subject to the provisions of KRS Chapters 42, 45, 45A, 56, and 64, which chapters 23
in all respects are controlling. 24
(3)] (a) The Finance and Administration Cabinet shall assess the Department of Fish 25
and Wildlife Resources each fiscal year a fee in an amount equal to five 26
percent (5%) of the debt service associated with all phases and 27 UNOFFICIAL COPY 22 RS BR 1106
Page 3 of 13
XXXX Jacketed
implementation of the capital project to replace, repair, or maintain the two (2) 1
way radio system utilized by the Department of Kentucky State Police. 2
(b) The fee shall be assessed on each phase of the implementation of the two (2) 3
way radio system and shall continue to be assessed until all debt for the 4
system has been retired. 5
(3) On the effective date of this Act, any records, files, or documents, including any 6
legal documents or memoranda, associated with functions of the Department of 7
Fish and Wildlife Resources that were previously performed by the Tourism, Arts 8
and Heritage Cabinet, but for which it is no longer deemed responsible, shall be 9
transferred to the department. 10
(4) The department shall not be subject to reorganization under KRS Chapter 12. 11
Section 3. KRS 150.022 is amended to read as follows: 12
(1) The Department of Fish and Wildlife Resources Commission shall consist of nine 13
(9) members, one (1) from each commission[wildlife] district, as set out by the 14
commissioner with the approval of the commission, and not more than five (5) of 15
the same political party. 16
(2) The Governor and the Commissioner of Agriculture shall appoint the members of 17
the commission subject to confirmation by the Senate as described in subsection 18
(3) of this section. Each of the members shall be appointed for a term ending on 19
December 31 of the fourth calendar year following his or her appointment, except 20
that a member's term shall continue until his or her successor is duly appointed 21
and confirmed by the Senate. A member shall serve no more than two (2) full 22
terms, not including any partial term that a member may additionally serve[of 23
four (4) years and may be reappointed only once]. A[No] person who has been 24
convicted of a felony offense, in Kentucky or under the law of any other state, or 25
any other law of the United States shall not be eligible to serve on the commission. 26
(3) (a) Vacancies through the expiration of terms of the members of the commission 27 UNOFFICIAL COPY 22 RS BR 1106
Page 4 of 13
XXXX Jacketed
shall be filled by appointment by the Governor or the Commissioner of 1
Agriculture, in accordance with the schedule set forth in this subsection, 2
from a list of five (5) names from each commission[wildlife] district, 3
recommended and submitted by the sportsmen of each respective district. 4
(b) When the term of a member expires, the commissioner shall call a meeting of 5
the sportsmen in that district not later than thirty (30) days prior to the 6
expiration of the member's term. Notice of the meeting shall be given by 7
publication pursuant to KRS Chapter 424. 8
(c) At the meeting, the sportsmen in attendance shall select and submit to the 9
Governor or the Commissioner of Agriculture, as the case may be, a list of 10
five (5) residents and citizens of the district who have held hunting and 11
fishing licenses in Kentucky or another state for at least the previous five (5) 12
consecutive years and who are well informed on the subject of wildlife 13
conservation and restoration. Each sportsman may vote for one (1) candidate 14
only, and the list submitted to the Governor or the Commissioner of 15
Agriculture shall be made up of the names of the five (5) candidates receiving 16
the five (5) highest vote totals. 17
(d) The Governor or the Commissioner of Agriculture shall appoint a successor 18
to the member whose term has expired no later than January 20 of the year 19
following the year in which the member's term expired. A vacancy for a 20
member of the commission representing the first commission district shall 21
only be filled by the Governor. Vacancies for terms of other members of the 22
commission expiring after the effective date of this Act shall be filled by 23
appointment of the Governor or the Commissioner of Agriculture on an 24
alternating basis for each of the remaining commission districts, beginning 25
as follows: 26
1. The Commissioner of Agriculture shall make the first appointments 27 UNOFFICIAL COPY 22 RS BR 1106
Page 5 of 13
XXXX Jacketed
for vacancies for terms expiring after the effective date of this Act for 1
members representing the second, third, eighth, and ninth commission 2
districts; and 3
2. The Governor shall make the first appointments for vacancies for 4
terms expiring after the effective date of this Act for the members 5
representing the fourth, fifth, sixth, and seventh commission 6
districts[is about to expire within sixty (60) days following the 7
submission to him of the list referred to in this subsection, and in no 8
event later than August 13]. 9
(4) Upon appointment to the [commission of the ]Department of Fish and Wildlife 10
Resources Commission, each commissioner shall execute a bond of one thousand 11
dollars ($1,000) in favor of the Department of Fish and Wildlife Resources, the 12
premium on this bond to be paid out of department funds. 13
(5) In the event of vacancies other than by expiration, the official who made the 14
appointment[Governor] shall fill the vacancy for the unexpired part of the term 15
from the names remaining on the list previously submitted for the district from 16
which the vacancy arose. 17
(6) Each member of the commission shall take the constitutional oath of office. 18
(7) The official who appointed the member[Governor] shall remove any member of 19
the commission for cause under subsection (2) of this section and may remove 20
a[any] member of the commission whom he or she appointed for inefficiency, 21
neglect of duty, or misconduct in office; but shall first deliver to the member a copy 22
of all charges in writing and afford to him or her an opportunity of being publicly 23
heard in person or by counsel in defense of the charges, upon not less than ten (10) 24
days' notice. In order to remove[If] a member of the commission[ shall be 25
removed], the official who appointed the member[Governor] shall file in the office 26
of the Secretary of State a complete statement of all charges made against the 27 UNOFFICIAL COPY 22 RS BR 1106
Page 6 of 13
XXXX Jacketed
member and his or her findings thereon, together with a complete record of the 1
proceedings. 2
(8) Each member of the commission shall be entitled to reimbursement for actual and 3
necessary traveling and other expenses incurred by him or her in the discharge of 4
his or her official duties and to be paid from the game and fish fund. 5
(9) A majority of the commission shall constitute a quorum for the transaction of any 6
business, for the performance of any duty or for the exercise of any power vested in 7
the commission. 8
(10) The department shall have its principal office in Franklin County, and is authorized 9
to purchase all supplies, equipment, and printed forms and to issue any notices and 10
publications as the commissioner may deem necessary to carry out the provisions of 11
this chapter. 12
(11) The word "sportsman" as used in this section shall mean a resident hunter or 13
fisherman who has been licensed in Kentucky for each of the past two (2) 14
consecutive years. 15
Section 4. KRS 150.0241 is amended to read as follows: 16
(1) As used in this section unless the context otherwise requires: 17
(a) "Commission" has the same meaning as in KRS 150.010; 18
(b) "Commission-managed lands" means those lands owned by the commission, 19
those lands owned by the Commonwealth over which the commission holds 20
management authority, or those privately owned lands that are leased or 21
managed by the commission; and 22
(c) "Hunting" means the lawful pursuit, trapping, shooting, capture, collection, or 23
killing of wildlife or the lawful attempt to do the same. 24
(2) Commission-managed lands shall be open to access and use for hunting except as 25
limited by the commission for reasons of fish or wildlife management, or as 26
otherwise limited by a statute outside KRS Chapter 150 or 235. 27 UNOFFICIAL COPY 22 RS BR 1106
Page 7 of 13
XXXX Jacketed
(3) The commission, in exercising its authority under the Constitution of the 1
Commonwealth of Kentucky and statutes, shall exercise its authority consistent 2
with subsection (2) of this section, in a manner that supports, promotes, and 3
enhances hunting opportunities to the extent authorized by law. 4
(4) Commission land management decisions and actions, including decisions made by 5
private owners to close land managed by the commission, shall not result in any net 6
loss of habitat land acreage available for hunting opportunities on commission-7
managed lands that exists on July 15, 2010. The commission shall expeditiously 8
find replacement acreage for hunting to compensate for closures of any existing 9
hunting land. Replacement lands shall, to the greatest extent possible, be located 10
within the same commission[wildlife] district and shall be consistent with the 11
hunting discipline that the commission allowed on the closed land. 12
(5) Any state agency that owns or manages lands shall assist and coordinate and 13
cooperate with the commission to allow hunting on these lands if the lands are 14
determined by the commission and that agency to be suitable for hunting. To ensure 15
no net loss of land acreage available for hunting, state agencies shall cooperate with 16
the commission to open new, additional hunting lands to replace lost hunting 17
acreage. Lands officially designated as units within the state park system may be 18
considered for replacement hunting lands and may be open for hunting when 19
necessary as a wildlife control or management tool as determined by the 20
Department of Parks. 21
(6) By October 1 of each year, the commissioner shall submit to the Legislative 22
Research Commission and the Interim Joint Committee on Natural Resources and 23
Environment a written report describing: 24
(a) The acreage managed by the commission that was closed to hunting during the 25
previous fiscal year and the reasons for the closures; and 26
(b) The acreage managed by the commission that was opened to hunting to 27 UNOFFICIAL COPY 22 RS BR 1106
Page 8 of 13
XXXX Jacketed
compensate for closures of existing land pursuant to subsection (4) of this 1
section. 2
(7) By October 1 of each year, any state agency that owns or manages lands shall 3
submit a written report to the commission, the Legislative Research Commission, 4
and the Interim Joint Committee on Natural Resources and Environment describing: 5
(a) A list of properties that were open for hunting during the previous fiscal year; 6
(b) A list of properties that were not open for hunting during the previous fiscal 7
year; and 8
(c) 1. The acreage for each property and the county where each property is 9
located, including lands on which a right-of-way exists which make the 10
lands unsuitable for hunting, and an explanation of why the right-of-way 11
makes the land unsuitable for hunting; and 12
2. Parcels under fifty (50) acres. No agency shall subdivide land it owns or 13
manages into parcels under fifty (50) acres in an attempt to avoid 14
compliance with the provisions of this section. 15
(8) The first report under this section shall be due no later than October 1, 2010. 16
Section 5. KRS 150.061 is amended to read as follows: 17
(1) Notwithstanding any provisions of KRS Chapter 18A, 42, 45, 45A, 56, or 64 to the 18
contrary, the commission shall have the sole authority to appoint a commissioner of 19
the Department of Fish and Wildlife Resources, who shall be a person with 20
knowledge of and experience in the requirements for the protection, conservation 21
and restoration of the wildlife resources of the state. The commission shall be the 22
sole contracting body for the purposes of KRS Chapter 45A and shall submit any 23
proposed personal service contract with a commissioner to the Government Contact 24
Review Committee for its review pursuant to KRS 45A.690 to 45A.725. The 25
commissioner shall serve for a defined employment contract term not to exceed four 26
(4) years and shall be subject to: 27 UNOFFICIAL COPY 22 RS BR 1106
Page 9 of 13
XXXX Jacketed
(a) Annual review by the commission in closed, executive session; 1
(b) Removal by the commission for the same cause and in the same manner in 2
which the Governor or Commissioner of Agriculture may remove a member 3
of the commission; and 4
(c) Reappointment by the commission. 5
(2) The commissioner shall receive such compensation as the commission may solely 6
determine, and shall be reimbursed for all actual and necessary travel and other 7
expenses incurred by him or her in the performance of his or her official duties. 8
(3) Before entering upon the duties of his or her office, the commissioner shall take and 9
subscribe to the constitutional oath of office, and shall, in addition thereto, swear or 10
affirm that he or she holds no other public office, nor any position upon or under 11
any political committee or party. Upon appointment by the commission, the 12
commissioner shall execute a bond of five thousand dollars ($5,000) in favor of the 13
Department of Fish and Wildlife Resources, the premium on said bond to be paid 14
out of department funds. 15
(4) Notwithstanding any provision of law to the contrary, the commissioner shall be 16
the sole appointing authority for the department for the purposes of KRS Chapter 17
18A and shall have general supervision and control of all activities, functions, 18
appointments, and employees of the department[ of Fish and Wildlife Resources]. 19
He or she shall enforce all provisions of the laws of the state relating to wild 20
animals, birds, fish and amphibians, and shall exercise all powers necessarily 21
incident thereto not specifically conferred on the commission. The commissioner 22
shall make an annual report of all receipts and disbursements and file same with the 23
Secretary of State of the Commonwealth of Kentucky. 24
(5) If federal or other grant funds become available to pay their salaries, the 25
commissioner may appoint and employ other persons that he or she may deem 26
necessary or desirable to accomplish the purposes of this chapter. The 27 UNOFFICIAL COPY 22 RS BR 1106
Page 10 of 13
XXXX Jacketed
commissioner shall determine the compensation, duties, and terms of employment 1
of these employees, and grant funded, time-limited positions shall be approved by 2
the commission as needed. Employees whose salaries are funded through federal or 3
other grant funds shall not be counted in any tally of permanent employees made for 4
employee cap or budgetary purposes. 5
Section 6. KRS 235.010 is amended to read as follows: 6
As used in this chapter, unless the context clearly requires a different meaning: 7
(1) "Vessel" means every description of watercraft, other than a seaplane on the water; 8
(2) "Motorboat" means any vessel propelled by machinery, whether or not such 9
machinery is the principal source of propulsion, except for the following: 10
(a) Boats or vessels propelled totally by a direct current battery-powered motor 11
when used on private waters; 12
(b) Boats propelled by human power employing the use of hand or foot operation; 13
and 14
(c) Federally regulated commercial vessels; 15
(3) "Owner" means a person, other than a lienholder, having the property in or title to a 16
motorboat. The term includes a person entitled to the use or possession of a 17
motorboat subject to an interest in another person, reserved or created by agreement 18
and securing payment or performance of an obligation, but the term excludes a 19
lessee under a lease not intended as security; 20
(4) "Personal watercraft" means a vessel which uses an internal combustion engine to 21
power a jet pump for its primary source of propulsion and is designed to be operated 22
by a person sitting, standing, or kneeling on the vessel rather than to be operated by 23
a person sitting or standing inside the vessel; 24
(5) "Safe boating certificate" means a document attesting the successful completion of 25
instruction, approved by the department or given by the United States Coast Guard 26
or Coast Guard Auxiliary or the United States Power Squadron, to prepare an 27 UNOFFICIAL COPY 22 RS BR 1106
Page 11 of 13
XXXX Jacketed
individual to safely operate a motorboat or personal watercraft on the waters of the 1
Commonwealth; 2
(6) "Waters of this state" means any waters within the territorial limits of this state; 3
(7) "Person" means an individual, partnership, firm, corporation, association, or other 4
entity; 5
(8) "Operate" means to navigate or otherwise use a motorboat or a vessel; 6
(9) "Cabinet" means the Tourism, Arts and Heritage Cabinet; 7
(10) "Department" means the Department of Fish and Wildlife Resources; 8
(11) "License" and "certificate of number" as used herein are synonymous; 9
(12) "Clerk" means county clerk; 10
(13) "Division of Law Enforcement" means the Division of Law Enforcement, 11
Department of Fish and Wildlife Resources administratively attached to[within 12
the] Tourism, Arts and Heritage Cabinet; 13
(14) "Title" means the certificate of title; 14
(15) "Commissioner" means the commissioner of the Department of Fish and Wildlife 15
Resources; 16
(16) "Federally regulated commercial vessel" means any vessel holding a United States 17
certificate of documentation with a coastwise trade endorsement; 18
(17) "Marina" means a dock or basin providing moorings for motorboats and offering 19
supply, repair, or other services for remuneration; and 20
(18) "Marine sanitation device" means equipment that is identified by the United States 21
Coast Guard as meeting the standards of the United States Environmental 22
Protection Agency or that is approved by the Energy and Environment Cabinet, to 23
eliminate the discharge of untreated sewage from vessels into the waters of the 24
Commonwealth and is a device that receives, treats, retains, or discharges sewage. 25
Section 7. KRS 235.030 is amended to read as follows: 26
This chapter shall be known as the State Boating Act and shall be administered by the 27 UNOFFICIAL COPY 22 RS BR 1106
Page 12 of 13
XXXX Jacketed
Department of Fish and Wildlife Resources, which is administratively attached to the 1
Tourism, Arts and Heritage Cabinet only for those limited functions and purposes 2
expressly requested by the department to be performed by the Tourism, Arts and 3
Heritage Cabinet. The department shall have sole discretion as to which functions 4
shall be deemed necessary for the efficient operation of the department and the 5
properties in its custody and control[ in the Tourism, Arts and Heritage Cabinet, except] 6
The Transportation Cabinet shall be responsible for administering the boat numbering, 7
registration, and titling requirements. 8
Section 8. KRS 235.130 is amended to read as follows: 9
(1) No person acting for himself or another shall buy or trade for any motorboat without 10
receiving the certificate of title issued for that boat with a certificate of transfer 11
endorsed thereon. If the motorboat has not been issued a certificate of title as noted 12
on the certificate of registration, the person shall receive a completed assignment of 13
title on a boat transaction record and the certificate of registration. 14
(2) It shall be the duty of the purchaser to promptly submit the endorsed certificate of 15
title or boat transaction record and certificate of registration to the county clerk of 16
the county of the purchaser's residence or in which the motorboat is to be principally 17
operated. The purchaser shall apply for a new certificate of title and registration 18
pursuant to KRS 235.050. The county clerk shall thereupon issue to the purchaser a 19
transfer of registration bearing the same data and information. The clerk shall 20
forward the endorsed certificate of title or boat transaction record and certificate of 21
registration and new application for title and registration to the Transportation 22
Cabinet. Except when registration is prohibited by law, any unexpired registration 23
shall remain valid after transfer until expiration occurs according to law. 24
(3) For transferring the registration, the clerk shall collect a fee of five dollars ($5). The 25
clerk shall retain two dollars ($2), the Transportation Cabinet shall receive two 26
dollars ($2) and the Department of Fish and Wildlife Resources administratively 27 UNOFFICIAL COPY 22 RS BR 1106
Page 13 of 13
XXXX Jacketed
attached to[within] the Tourism, Arts and Heritage Cabinet shall receive one dollar 1
($1). The fee received by the Transportation Cabinet shall be deposited in a trust 2
and agency account for use by the Transportation Cabinet in defraying the cost of 3
implementing and operating the boat titling and registration program. The fee for 4
transferring the title shall be as required by KRS 235.085. 5
(4) If a transferee does not promptly submit the necessary documents to the county 6
clerk as required by law in order to complete the transfer transaction, a transferor 7
may submit to the county clerk, after the passage of fifteen (15) calendar days, in his 8
county of residence, an affidavit that he has transferred his interest in a specific 9
motorboat and the clerk may enter appropriate data into the AVIS system which 10
would restrict any registration transaction from occurring on that vehicle until the 11
transfer was processed. 12
(5) If the owner junks or otherwise renders a motorboat unfit for future use, he shall 13
deliver the title to the county clerk of the county in which the motorboat is junked. 14
The county clerk shall immediately return the title to the Transportation Cabinet. 15
The owner shall pay to the county clerk fifty cents ($0.50) for his services. 16
Section 9. Whereas it is critical to the proper management and administration of 17
the Department of Fish and Wildlife Resources that it is able to exercise independent 18
authority in managing the natural resources under its jurisdiction and that its 19
commissioners be appointed in an orderly and equitable manner, an emergency is 20
declared to exist, and this Act takes effect upon its passage and approval by the Governor 21
or upon its otherwise becoming a law. 22