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AN ACT relating to the Department of Fish and Wildlife Resources. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 150 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) Notwithstanding any provision of law to the contrary, the department shall 5
conduct all procurements necessary for the performance of its duties in 6
accordance with KRS Chapter 45A and this chapter. Upon approval of the 7
commission, the commissioner shall be deemed the chief purchasing officer for 8
the purposes of conducting procurements for the department and shall have all of 9
the authority and responsibility with regard to the department's procurements as 10
the secretary for the Finance and Administration Cabinet has for procurements 11
under KRS Chapter 45A. All department personal service contracts, tax incentive 12
agreements, and memoranda of agreement shall be subject to review by the 13
Government Contract Review Committee established by KRS 45A.705. 14
(2) In its bidding and negotiation processes, the department, upon approval of the 15
commission, shall perform its own bidding and procurement in accordance with 16
the procedures established by KRS Chapter 45A. 17
Section 2. KRS 45A.030 is amended to read as follows: 18
As used in this code, unless the context requires otherwise: 19
(1) "Business" means any corporation, partnership, individual, sole proprietorship, joint 20
stock company, joint venture, or any other legal entity through which business is 21
conducted; 22
(2) "Change order" means a written order signed by the purchasing officer, directing the 23
contractor to make changes that the changes clause of the contract authorizes the 24
purchasing officer to order without the consent of the contractor; 25
(3) "Chief purchasing officer" means the secretary of the Finance and Administration 26
Cabinet, who shall be responsible for all procurement of the Commonwealth except 27 UNOFFICIAL COPY 22 RS BR 2145
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as provided by KRS Chapters 150, 175, 175B, 176, 177, and 180; 1
(4) "Construction" means the process of building, altering, repairing, improving, or 2
demolishing any public structures or buildings, or other public improvements of any 3
kind to any public real property. It does not include the routine maintenance of 4
existing structures, buildings, or real property; 5
(5) "Construction manager-agency" means services to assist the purchasing agency 6
manage construction that are procured through a contract that is qualifications-7
based; 8
(6) "Construction management-at-risk" means a project delivery method in which the 9
purchasing officer enters into a single contract with an offeror that assumes the risk 10
for construction at a contracted guaranteed maximum price as a general contractor, 11
and provides consultation and collaboration regarding the construction during and 12
after design of a capital project. The contract shall be subject to the bonding 13
requirements of KRS 45A.190; 14
(7) "Construction manager-general contractor" means a project delivery method in 15
which the purchasing officer enters into a single contract with an offeror to provide 16
preconstruction and construction services. During the preconstruction phase, the 17
successful offeror provides design consulting services. During the construction 18
phase, the successful offeror acts as general contractor by: 19
(a) Contracting with subcontractors; and 20
(b) Providing for management and construction at a fixed price with a completion 21
deadline; 22
(8) "Contract" means all types of state agreements, including grants and orders, for the 23
acquisition, purchase, or disposal of supplies, services, construction, or any other 24
item. It includes: awards; contracts of a fixed-price, cost, cost-plus-a-fixed-fee, 25
contingency fee, or incentive type; contracts providing for the issuance of job or 26
task orders; leases; letter contracts; purchase orders; public-private partnership 27 UNOFFICIAL COPY 22 RS BR 2145
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agreements; and insurance contracts except as provided in KRS 45A.022. It 1
includes supplemental agreements with respect to any of the foregoing; 2
(9) "Contract modification" means any written alteration in the specifications, delivery 3
point, rate of delivery, contract period, price, quantity, or other contract provisions 4
of any existing contract, whether accomplished by unilateral action in accordance 5
with a contract provision or by mutual action of the parties to the contract. It 6
includes bilateral actions, such as supplemental agreements, and unilateral actions, 7
such as change orders, administrative changes, notices of termination, and notices 8
of the exercise of a contract option; 9
(10) "Contractor" means any person having a contract with a governmental body; 10
(11) "Data" means recorded information, regardless of form or characteristic; 11
(12) "Design-bid-build" means a project delivery method in which the purchasing officer 12
sequentially awards separate contracts, the first for architectural, engineering, or 13
engineering-related services to design the project and the second for construction of 14
the capital project according to the design. The contract shall be subject to the 15
bonding requirements of KRS 45A.185; 16
(13) "Design-build" means a project delivery method in which the purchasing officer 17
enters into a single contract for design and construction of a capital project. The 18
contract shall be subject to the bonding requirements of KRS 45A.190; 19
(14) "Designee" means a duly authorized representative of a person holding a superior 20
position; 21
(15) "Document" means any physical embodiment of information or ideas, regardless of 22
form or characteristic, including electronic versions thereof; 23
(16) "Employee" means an individual drawing a salary from a governmental body, 24
whether elected or not, and any nonsalaried individual performing personal services 25
for any governmental body; 26
(17) "Governmental body" means any department, commission, council, board, bureau, 27 UNOFFICIAL COPY 22 RS BR 2145
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committee, institution, legislative body, agency, government corporation, or other 1
establishment of the executive or legislative branch of the state government; 2
(18) "Meeting" means all gatherings of every kind, including video teleconferences; 3
(19) "Negotiation" means contracting by either the method set forth in KRS 45A.085, 4
45A.090, or 45A.095; 5
(20) "Person" means any business, individual, organization, or group of individuals; 6
(21) "Private partner" means any entity that is a partner in a public-private partnership 7
other than: 8
(a) The Commonwealth of Kentucky, or any agency or department thereof; 9
(b) The federal government; 10
(c) Any other state government; or 11
(d) Any agency of a state, federal, or local government; 12
(22) "Procurement" means the purchasing, buying, renting, leasing, or otherwise 13
obtaining of any supplies, services, or construction. It includes all functions that 14
pertain to the procurement of any supply, service, or construction item, including 15
description of requirements, selection and solicitation of sources, preparation and 16
award of contract, and all phases of contract administration; 17
(23) "Public-private partnership" means a project delivery method for construction or 18
financing of capital projects, as defined in KRS 45.750, or procurement of services, 19
pursuant to a written public-private partnership agreement entered into pursuant to 20
KRS 45A.077 and administrative regulations promulgated thereunder, between: 21
(a) At least one (1) private partner; and 22
(b) The Commonwealth of Kentucky, or any agency or department thereof; 23
(24) "Purchase request" or "purchase requisition" means that document whereby a using 24
agency requests that a contract be obtained for a specified need, and may include, 25
but is not limited to, the technical description of the requested item, delivery 26
schedule, transportation, criteria for evaluation of solicitees, suggested sources of 27 UNOFFICIAL COPY 22 RS BR 2145
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supply, and information supplied for the making of any written determination and 1
finding required by KRS 45A.025; 2
(25) "Purchasing agency" means any governmental body that is authorized by this code 3
or its implementing administrative regulations or by way of delegation from the 4
chief purchasing officer to contract on its own behalf rather than through the central 5
contracting authority of the chief purchasing officer; 6
(26) "Purchasing officer" means any person authorized by a governmental body in 7
accordance with procedures prescribed by administrative regulations to enter into 8
and administer contracts and make written determinations and findings with respect 9
thereto. The term includes an authorized representative acting within the limits of 10
authority; 11
(27) "Services" means the rendering by a contractor of its time and effort rather than the 12
furnishing of a specific end product, other than reports that are merely incidental to 13
the required performance of services; 14
(28) "Supplemental agreement" means any contract modification that is accomplished by 15
the mutual action of the parties; 16
(29) "Supplies" means all property, including but not limited to leases of real property, 17
printing, and insurance, except land or a permanent interest in land; 18
(30) "Using agency" means any governmental body of the state that utilizes any supplies, 19
services, or construction purchased under this code; 20
(31) "Video teleconference" means one (1) meeting, occurring in two (2) or more 21
locations, where individuals can see and hear each other by means of video and 22
audio equipment; and 23
(32) "Writing" or "written" means letters, words, or numbers, or their equivalent, set 24
down by handwriting, typewriting, printing, photostating, photographing, magnetic 25
impulse, mechanical or electronic recording, or other form of data compilation. 26
Section 3. KRS 150.021 is amended to read as follows: 27 UNOFFICIAL COPY 22 RS BR 2145
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(1) The Department of Fish and Wildlife Resources shall constitute an independent[a] 1
department of state government within the meaning of KRS Chapter 12, and shall 2
be administratively attached to the Tourism, Arts and Heritage Cabinet only for 3
those limited functions and purposes expressly requested by the department to be 4
performed by the Tourism, Arts and Heritage Cabinet. The department shall have 5
sole discretion as to which functions shall be deemed necessary for the efficient 6
operation of the department and the properties in its custody and control. The 7
department shall consist of a commissioner, a Fish and Wildlife Resources 8
Commission, the Division of Law Enforcement, and other agents and employees 9
provided for in this chapter. The department shall enforce the laws and regulations 10
adopted under this chapter relating to wildlife and shall exercise all powers 11
necessarily incident thereto. 12
(2) [Except with regard to the commission's authority to appoint and compensate a 13
commissioner under KRS 150.061, any powers conferred by this chapter upon the 14
Department of Fish and Wildlife Resources, the Fish and Wildlife Resources 15
Commission, or the commissioner of the Department of Fish and Wildlife 16
Resources, and any powers conferred by KRS Chapter 235 shall be exercised 17
subject to the provisions of KRS Chapters 42, 45, 45A, 56, and 64, which chapters 18
in all respects are controlling. 19
(3)] (a) The Finance and Administration Cabinet shall assess the Department of Fish 20
and Wildlife Resources each fiscal year a fee in an amount equal to five 21
percent (5%) of the debt service associated with all phases and 22
implementation of the capital project to replace, repair, or maintain the two (2) 23
way radio system utilized by the Department of Kentucky State Police. 24
(b) The fee shall be assessed on each phase of the implementation of the two (2) 25
way radio system and shall continue to be assessed until all debt for the 26
system has been retired. 27 UNOFFICIAL COPY 22 RS BR 2145
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(3) On the effective date of this Act, copies of any records, files, or documents, 1
including any legal documents or memoranda, associated with functions of the 2
Department of Fish and Wildlife Resources that were previously performed by the 3
Tourism, Arts and Heritage Cabinet but for which it is no longer deemed 4
responsible, shall be transmitted to the department. 5
(4) The department shall not be subject to reorganization under KRS Chapter 12. 6
Section 4. KRS 150.022 is amended to read as follows: 7
(1) The Department of Fish and Wildlife Resources Commission shall consist of nine 8
(9) members, one (1) from each commission[wildlife] district, as set out by the 9
commissioner with the approval of the commission, and not more than five (5) of 10
the same political party. 11
(2) The Governor shall appoint the members of the commission subject to confirmation 12
by the Senate as described in subsection (3) of this section. Each of the members 13
shall be appointed for a term ending on December 31 of the fourth calendar year 14
following his or her appointment, except that a member's term shall continue 15
until his or her successor is duly appointed and confirmed by the Senate. A 16
member shall serve no more than two (2) full terms, not including any partial 17
term that a member may additionally serve[of four (4) years and may be 18
reappointed only once]. A[No] person who has been convicted of a felony offense, 19
in Kentucky or under the law of any other state, or any other law of the United 20
States shall not be eligible to serve on the commission. 21
(3) (a) Vacancies through the expiration of terms of the members of the commission 22
shall be filled by appointment by the Governor from a list of five (5) names 23
from each commission[wildlife] district, recommended and submitted by the 24
sportsmen of each respective district. 25
(b) When the term of a member expires, the commissioner shall call a meeting of 26
the sportsmen in that district not later than thirty (30) days prior to the 27 UNOFFICIAL COPY 22 RS BR 2145
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expiration of the member's term. Notice of the meeting shall be given by 1
publication pursuant to KRS Chapter 424. 2
(c) At the meeting, the sportsmen in attendance shall select and submit to the 3
Governor a list of five (5) residents and citizens of the district who have held 4
hunting and fishing licenses in Kentucky or another state for at least the 5
previous five (5) consecutive years and who are well informed on the subject 6
of wildlife conservation and restoration. Each sportsman may vote for one (1) 7
candidate only, and the list submitted to the Governor shall be made up of the 8
names of the five (5) candidates receiving the five (5) highest vote totals. 9
(d) The Governor shall appoint a successor to the member whose term has 10
expired no later than January 20 of the year following the year in which the 11
member's term expired[is about to expire within sixty (60) days following the 12
submission to him of the list referred to in this subsection, and in no event 13
later than August 13]. 14
(4) Upon appointment to the [commission of the ]Department of Fish and Wildlife 15
Resources Commission, each commissioner shall execute a bond of one thousand 16
dollars ($1,000) in favor of the Department of Fish and Wildlife Resources, the 17
premium on this bond to be paid out of department funds. 18
(5) In the event of vacancies other than by expiration, the Governor shall fill the 19
vacancy for the unexpired part of the term from the names remaining on the list 20
previously submitted for the district from which the vacancy arose. 21
(6) Each member of the commission shall take the constitutional oath of office. 22
(7) The Governor shall remove any member of the commission for cause under 23
subsection (2) of this section and may remove a[any] member of the commission 24
whom he or she appointed for inefficiency, neglect of duty, or misconduct in 25
office; but shall first deliver to the member a copy of all charges in writing and 26
afford to him or her an opportunity of being publicly heard in person or by counsel 27 UNOFFICIAL COPY 22 RS BR 2145
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in defense of the charges, upon not less than ten (10) days' notice. In order to 1
remove[If] a member of the commission[ shall be removed], the Governor shall file 2
in the office of the Secretary of State a complete statement of all charges made 3
against the member and his or her findings thereon, together with a complete record 4
of the proceedings. 5
(8) Each member of the commission shall be entitled to reimbursement for actual and 6
necessary traveling and other expenses incurred by him or her in the discharge of 7
his or her official duties and to be paid from the game and fish fund. 8
(9) A majority of the commission shall constitute a quorum for the transaction of any 9
business, for the performance of any duty or for the exercise of any power vested in 10
the commission. 11
(10) The department shall have its principal office in Franklin County, and is authorized 12
to purchase all supplies, equipment, and printed forms and to issue any notices and 13
publications as the commissioner may deem necessary to carry out the provisions of 14
this chapter. 15
(11) The word "sportsman" as used in this section shall mean a resident hunter or 16
fisherman who has been licensed in Kentucky for each of the past two (2) 17
consecutive years. 18
Section 5. KRS 150.0241 is amended to read as follows: 19
(1) As used in this section unless the context otherwise requires: 20
(a) "Commission" has the same meaning as in KRS 150.010; 21
(b) "Commission-managed lands" means those lands owned by the commission, 22
those lands owned by the Commonwealth over which the commission holds 23
management authority, or those privately owned lands that are leased or 24
managed by the commission; and 25
(c) "Hunting" means the lawful pursuit, trapping, shooting, capture, collection, or 26
killing of wildlife or the lawful attempt to do the same. 27 UNOFFICIAL COPY 22 RS BR 2145
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(2) Commission-managed lands shall be open to access and use for hunting except as 1
limited by the commission for reasons of fish or wildlife management, or as 2
otherwise limited by a statute outside KRS Chapter 150 or 235. 3
(3) The commission, in exercising its authority under the Constitution of the 4
Commonwealth of Kentucky and statutes, shall exercise its authority consistent 5
with subsection (2) of this section, in a manner that supports, promotes, and 6
enhances hunting opportunities to the extent authorized by law. 7
(4) Commission land management decisions and actions, including decisions made by 8
private owners to close land managed by the commission, shall not result in any net 9
loss of habitat land acreage available for hunting opportunities on commission-10
managed lands that exists on July 15, 2010. The commission shall expeditiously 11
find replacement acreage for hunting to compensate for closures of any existing 12
hunting land. Replacement lands shall, to the greatest extent possible, be located 13
within the same commission[wildlife] district and shall be consistent with the 14
hunting discipline that the commission allowed on the closed land. 15
(5) Any state agency that owns or manages lands shall assist and coordinate and 16
cooperate with the commission to allow hunting on these lands if the lands are 17
determined by the commission and that agency to be suitable for hunting. To ensure 18
no net loss of land acreage available for hunting, state agencies shall cooperate with 19
the commission to open new, additional hunting lands to replace lost hunting 20
acreage. Lands officially designated as units within the state park system may be 21
considered for replacement hunting lands and may be open for hunting when 22
necessary as a wildlife control or management tool as determined by the 23
Department of Parks. 24
(6) By October 1 of each year, the commissioner shall submit to the Legislative 25
Research Commission and the Interim Joint Committee on Natural Resources and 26
Environment a written report describing: 27 UNOFFICIAL COPY 22 RS BR 2145
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(a) The acreage managed by the commission that was closed to hunting during the 1
previous fiscal year and the reasons for the closures; and 2
(b) The acreage managed by the commission that was opened to hunting to 3
compensate for closures of existing land pursuant to subsection (4) of this 4
section. 5
(7) By October 1 of each year, any state agency that owns or manages lands shall 6
submit a written report to the commission, the Legislative Research Commission, 7
and the Interim Joint Committee on Natural Resources and Environment describing: 8
(a) A list of properties that were open for hunting during the previous fiscal year; 9
(b) A list of properties that were not open for hunting during the previous fiscal 10
year; and 11
(c) 1. The acreage for each property and the county where each property is 12
located, including lands on which a right-of-way exists which make the 13
lands unsuitable for hunting, and an explanation of why the right-of-way 14
makes the land unsuitable for hunting; and 15
2. Parcels under fifty (50) acres. No agency shall subdivide land it owns or 16
manages into parcels under fifty (50) acres in an attempt to avoid 17
compliance with the provisions of this section. 18
(8) The first report under this section shall be due no later than October 1, 2010. 19
Section 6. KRS 150.061 is amended to read as follows: 20
(1) Notwithstanding any provisions of KRS Chapter 18A, 42, 45, 45A, 56, or 64 to the 21
contrary, the commission shall have the sole authority to appoint a commissioner of 22
the Department of Fish and Wildlife Resources, who shall be a person with 23
knowledge of and experience in the requirements for the protection, conservation 24
and restoration of the wildlife resources of the state. The commission shall be the 25
sole contracting body for the purposes of KRS Chapter 45A and shall submit any 26
proposed personal service contract with a commissioner to the Government Contact 27 UNOFFICIAL COPY 22 RS BR 2145
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Review Committee for its review pursuant to KRS 45A.690 to 45A.725. The 1
commissioner shall serve for a defined employment contract term not to exceed four 2
(4) years and shall be subject to: 3
(a) Annual review by the commission in closed, executive session; 4
(b) Removal by the commission for the same cause and in the same manner in 5
which the Governor may remove a member of the commission; and 6
(c) Reappointment by the commission. 7
(2) The commissioner shall receive such compensation as the commission may solely 8
determine, and shall be reimbursed for all actual and necessary travel and other 9
expenses incurred by him or her in the performance of his or her official duties. 10
(3) Before entering upon the duties of his or her office, the commissioner shall take and 11
subscribe to the constitutional oath of office, and shall, in addition thereto, swear or 12
affirm that he or she holds no other public office, nor any position upon or under 13
any political committee or party. Upon appointment by the commission, the 14
commissioner shall execute a bond of five thousand dollars ($5,000) in favor of the 15
Department of Fish and Wildlife Resources, the premium on said bond to be paid 16
out of department funds. 17
(4) Notwithstanding any provision of law to the contrary, the commissioner shall be 18
the sole appointing authority for the department for the purposes of KRS Chapter 19
18A and shall have general supervision and control of all activities, functions, 20
appointments, and employees of the department[ of Fish and Wildlife Resources]. 21
He or she shall enforce all provisions of the laws of the state relating to wild 22
animals, birds, fish and amphibians, and shall exercise all powers necessarily 23
incident thereto not specifically conferred on the commission. The commissioner 24
shall make an annual report of all receipts and disbursements and file same with the 25
Secretary of State of the Commonwealth of Kentucky. 26
(5) If federal or other grant funds become available to pay their salaries, the 27 UNOFFICIAL COPY 22 RS BR 2145
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commissioner may appoint and employ other persons that he or she may deem 1
necessary or desirable to accomplish the purposes of this chapter. The 2
commissioner shall determine the compensation, duties, and terms of employment 3
of these employees, and grant funded, time-limited positions shall be approved by 4
the commission as needed. Employees whose salaries are funded through federal or 5
other grant funds shall not be counted in any tally of permanent employees made for 6
employee cap or budgetary purposes. 7
Section 7. KRS 235.010 is amended to read as follows: 8
As used in this chapter, unless the context clearly requires a different meaning: 9
(1) "Vessel" means every description of watercraft, other than a seaplane on the water; 10
(2) "Motorboat" means any vessel propelled by machinery, whether or not such 11
machinery is the principal source of propulsion, except for the following: 12
(a) Boats or vessels propelled totally by a direct current battery-powered motor 13
when used on private waters; 14
(b) Boats propelled by human power employing the use of hand or foot operation; 15
and 16
(c) Federally regulated commercial vessels; 17
(3) "Owner" means a person, other than a lienholder, having the property in or title to a 18
motorboat. The term includes a person entitled to the use or possession of a 19
motorboat subject to an interest in another person, reserved or created by agreement 20
and securing payment or performance of an obligation, but the term excludes a 21
lessee under a lease not intended as security; 22
(4) "Personal watercraft" means a vessel which uses an internal combustion engine to 23
power a jet pump for its primary source of propulsion and is designed to be operated 24
by a person sitting, standing, or kneeling on the vessel rather than to be operated by 25
a person sitting or standing inside the vessel; 26
(5) "Safe boating certificate" means a document attesting the successful completion of 27 UNOFFICIAL COPY 22 RS BR 2145
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instruction, approved by the department or given by the United States Coast Guard 1
or Coast Guard Auxiliary or the United States Power Squadron, to prepare an 2
individual to safely operate a motorboat or personal watercraft on the waters of the 3
Commonwealth; 4
(6) "Waters of this state" means any waters within the territorial limits of this state; 5
(7) "Person" means an individual, partnership, firm, corporation, association, or other 6
entity; 7
(8) "Operate" means to navigate or otherwise use a motorboat or a vessel; 8
(9) "Cabinet" means the Tourism, Arts and Heritage Cabinet; 9
(10) "Department" means the Department of Fish and Wildlife Resources; 10
(11) "License" and "certificate of number" as used herein are synonymous; 11
(12) "Clerk" means county clerk; 12
(13) "Division of Law Enforcement" means the Division of Law Enforcement, 13
Department of Fish and Wildlife Resources administratively attached to the[within 14
the] Tourism, Arts and Heritage Cabinet; 15
(14) "Title" means the certificate of title; 16
(15) "Commissioner" means the commissioner of the Department of Fish and Wildlife 17
Resources; 18
(16) "Federally regulated commercial vessel" means any vessel holding a United States 19
certificate of documentation with a coastwise trade endorsement; 20
(17) "Marina" means a dock or basin providing moorings for motorboats and offering 21
supply, repair, or other services for remuneration; and 22
(18) "Marine sanitation device" means equipment that is identified by the United States 23
Coast Guard as meeting the standards of the United States Environmental 24
Protection Agency or that is approved by the Energy and Environment Cabinet, to 25
eliminate the discharge of untreated sewage from vessels into the waters of the 26
Commonwealth and is a device that receives, treats, retains, or discharges sewage. 27 UNOFFICIAL COPY 22 RS BR 2145
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Section 8. KRS 235.030 is amended to read as follows: 1
This chapter shall be known as the State Boating Act and shall be administered by the 2
Department of Fish and Wildlife Resources, which is administratively attached to the 3
Tourism, Arts and Heritage Cabinet only for those limited functions and purposes 4
expressly requested by the department to be performed by the Tourism, Arts and 5
Heritage Cabinet. The department shall have sole discretion as to which functions 6
shall be deemed necessary for the efficient operation of the department and the 7
properties in its custody and control.[ in the Tourism, Arts and Heritage Cabinet, except] 8
The Transportation Cabinet shall be responsible for administering the boat numbering, 9
registration, and titling requirements. 10
Section 9. KRS 235.130 is amended to read as follows: 11
(1) No person acting for himself or another shall buy or trade for any motorboat without 12
receiving the certificate of title issued for that boat with a certificate of transfer 13
endorsed thereon. If the motorboat has not been issued a certificate of title as noted 14
on the certificate of registration, the person shall receive a completed assignment of 15
title on a boat transaction record and the certificate of registration. 16
(2) It shall be the duty of the purchaser to promptly submit the endorsed certificate of 17
title or boat transaction record and certificate of registration to the county clerk of 18
the county of the purchaser's residence or in which the motorboat is to be principally 19
operated. The purchaser shall apply for a new certificate of title and registration 20
pursuant to KRS 235.050. The county clerk shall thereupon issue to the purchaser a 21
transfer of registration bearing the same data and information. The clerk shall 22
forward the endorsed certificate of title or boat transaction record and certificate of 23
registration and new application for title and registration to the Transportation 24
Cabinet. Except when registration is prohibited by law, any unexpired registration 25
shall remain valid after transfer until expiration occurs according to law. 26
(3) For transferring the registration, the clerk shall collect a fee of five dollars ($5). The 27 UNOFFICIAL COPY 22 RS BR 2145
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clerk shall retain two dollars ($2), the Transportation Cabinet shall receive two 1
dollars ($2) and the Department of Fish and Wildlife Resources administratively 2
attached to[within] the Tourism, Arts and Heritage Cabinet shall receive one dollar 3
($1). The fee received by the Transportation Cabinet shall be deposited in a trust 4
and agency account for use by the Transportation Cabinet in defraying the cost of 5
implementing and operating the boat titling and registration program. The fee for 6
transferring the title shall be as required by KRS 235.085. 7
(4) If a transferee does not promptly submit the necessary documents to the county 8
clerk as required by law in order to complete the transfer transaction, a transferor 9
may submit to the county clerk, after the passage of fifteen (15) calendar days, in his 10
county of residence, an affidavit that he has transferred his interest in a specific 11
motorboat and the clerk may enter appropriate data into the AVIS system which 12
would restrict any registration transaction from occurring on that vehicle until the 13
transfer was processed. 14
(5) If the owner junks or otherwise renders a motorboat unfit for future use, he shall 15
deliver the title to the county clerk of the county in which the motorboat is junked. 16
The county clerk shall immediately return the title to the Transportation Cabinet. 17
The owner shall pay to the county clerk fifty cents ($0.50) for his services. 18