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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) Notwithstanding any provision of law to the contrary, the department shall 6
conduct all procurements necessary for the performance of its duties in 7
accordance with KRS Chapter 45A and this chapter. Upon approval of the 8
commission, the commissioner shall be deemed the chief purchasing officer for 9
the purposes of conducting procurements for the department and shall have all of 10
the authority and responsibility with regard to the department's procurements as 11
the secretary for the Finance and Administration Cabinet has for procurements 12
under KRS Chapter 45A. All department personal service contracts, tax incentive 13
agreements, and memoranda of agreement shall be subject to review by the 14
Government Contract Review Committee established by KRS 45A.705. 15
(2) In its bidding and negotiation processes, the department, upon approval of the 16
commission, shall perform its own bidding and procurement in accordance with 17
the procedures established by KRS Chapter 45A. 18
(3) All members of the commission, the commissioner, and employees of the 19
department shall be subject to the requirements of the Executive Branch Code of 20
Ethics established under KRS Chapter 11A. 21
Section 2. KRS 45A.030 is amended to read as follows: 22
As used in this code, unless the context requires otherwise: 23
(1) "Business" means any corporation, partnership, individual, sole proprietorship, joint 24
stock company, joint venture, or any other legal entity through which business is 25
conducted; 26
(2) "Change order" means a written order signed by the purchasing officer, directing the 27 UNOFFICIAL COPY 22 RS SB 217/GA
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contractor to make changes that the changes clause of the contract authorizes the 1
purchasing officer to order without the consent of the contractor; 2
(3) "Chief purchasing officer" means the secretary of the Finance and Administration 3
Cabinet, who shall be responsible for all procurement of the Commonwealth except 4
as provided by KRS Chapters 150, 175, 175B, 176, 177, and 180; 5
(4) "Construction" means the process of building, altering, repairing, improving, or 6
demolishing any public structures or buildings, or other public improvements of any 7
kind to any public real property. It does not include the routine maintenance of 8
existing structures, buildings, or real property; 9
(5) "Construction manager-agency" means services to assist the purchasing agency 10
manage construction that are procured through a contract that is qualifications-11
based; 12
(6) "Construction management-at-risk" means a project delivery method in which the 13
purchasing officer enters into a single contract with an offeror that assumes the risk 14
for construction at a contracted guaranteed maximum price as a general contractor, 15
and provides consultation and collaboration regarding the construction during and 16
after design of a capital project. The contract shall be subject to the bonding 17
requirements of KRS 45A.190; 18
(7) "Construction manager-general contractor" means a project delivery method in 19
which the purchasing officer enters into a single contract with an offeror to provide 20
preconstruction and construction services. During the preconstruction phase, the 21
successful offeror provides design consulting services. During the construction 22
phase, the successful offeror acts as general contractor by: 23
(a) Contracting with subcontractors; and 24
(b) Providing for management and construction at a fixed price with a completion 25
deadline; 26
(8) "Contract" means all types of state agreements, including grants and orders, for the 27 UNOFFICIAL COPY 22 RS SB 217/GA
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acquisition, purchase, or disposal of supplies, services, construction, or any other 1
item. It includes: awards; contracts of a fixed-price, cost, cost-plus-a-fixed-fee, 2
contingency fee, or incentive type; contracts providing for the issuance of job or 3
task orders; leases; letter contracts; purchase orders; public-private partnership 4
agreements; and insurance contracts except as provided in KRS 45A.022. It 5
includes supplemental agreements with respect to any of the foregoing; 6
(9) "Contract modification" means any written alteration in the specifications, delivery 7
point, rate of delivery, contract period, price, quantity, or other contract provisions 8
of any existing contract, whether accomplished by unilateral action in accordance 9
with a contract provision or by mutual action of the parties to the contract. It 10
includes bilateral actions, such as supplemental agreements, and unilateral actions, 11
such as change orders, administrative changes, notices of termination, and notices 12
of the exercise of a contract option; 13
(10) "Contractor" means any person having a contract with a governmental body; 14
(11) "Data" means recorded information, regardless of form or characteristic; 15
(12) "Design-bid-build" means a project delivery method in which the purchasing officer 16
sequentially awards separate contracts, the first for architectural, engineering, or 17
engineering-related services to design the project and the second for construction of 18
the capital project according to the design. The contract shall be subject to the 19
bonding requirements of KRS 45A.185; 20
(13) "Design-build" means a project delivery method in which the purchasing officer 21
enters into a single contract for design and construction of a capital project. The 22
contract shall be subject to the bonding requirements of KRS 45A.190; 23
(14) "Designee" means a duly authorized representative of a person holding a superior 24
position; 25
(15) "Document" means any physical embodiment of information or ideas, regardless of 26
form or characteristic, including electronic versions thereof; 27 UNOFFICIAL COPY 22 RS SB 217/GA
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(16) "Employee" means an individual drawing a salary from a governmental body, 1
whether elected or not, and any nonsalaried individual performing personal services 2
for any governmental body; 3
(17) "Governmental body" means any department, commission, council, board, bureau, 4
committee, institution, legislative body, agency, government corporation, or other 5
establishment of the executive or legislative branch of the state government; 6
(18) "Meeting" means all gatherings of every kind, including video teleconferences; 7
(19) "Negotiation" means contracting by either the method set forth in KRS 45A.085, 8
45A.090, or 45A.095; 9
(20) "Person" means any business, individual, organization, or group of individuals; 10
(21) "Private partner" means any entity that is a partner in a public-private partnership 11
other than: 12
(a) The Commonwealth of Kentucky, or any agency or department thereof; 13
(b) The federal government; 14
(c) Any other state government; or 15
(d) Any agency of a state, federal, or local government; 16
(22) "Procurement" means the purchasing, buying, renting, leasing, or otherwise 17
obtaining of any supplies, services, or construction. It includes all functions that 18
pertain to the procurement of any supply, service, or construction item, including 19
description of requirements, selection and solicitation of sources, preparation and 20
award of contract, and all phases of contract administration; 21
(23) "Public-private partnership" means a project delivery method for construction or 22
financing of capital projects, as defined in KRS 45.750, or procurement of services, 23
pursuant to a written public-private partnership agreement entered into pursuant to 24
KRS 45A.077 and administrative regulations promulgated thereunder, between: 25
(a) At least one (1) private partner; and 26
(b) The Commonwealth of Kentucky, or any agency or department thereof; 27 UNOFFICIAL COPY 22 RS SB 217/GA
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(24) "Purchase request" or "purchase requisition" means that document whereby a using 1
agency requests that a contract be obtained for a specified need, and may include, 2
but is not limited to, the technical description of the requested item, delivery 3
schedule, transportation, criteria for evaluation of solicitees, suggested sources of 4
supply, and information supplied for the making of any written determination and 5
finding required by KRS 45A.025; 6
(25) "Purchasing agency" means any governmental body that is authorized by this code 7
or its implementing administrative regulations or by way of delegation from the 8
chief purchasing officer to contract on its own behalf rather than through the central 9
contracting authority of the chief purchasing officer; 10
(26) "Purchasing officer" means any person authorized by a governmental body in 11
accordance with procedures prescribed by administrative regulations to enter into 12
and administer contracts and make written determinations and findings with respect 13
thereto. The term includes an authorized representative acting within the limits of 14
authority; 15
(27) "Services" means the rendering by a contractor of its time and effort rather than the 16
furnishing of a specific end product, other than reports that are merely incidental to 17
the required performance of services; 18
(28) "Supplemental agreement" means any contract modification that is accomplished by 19
the mutual action of the parties; 20
(29) "Supplies" means all property, including but not limited to leases of real property, 21
printing, and insurance, except land or a permanent interest in land; 22
(30) "Using agency" means any governmental body of the state that utilizes any supplies, 23
services, or construction purchased under this code; 24
(31) "Video teleconference" means one (1) meeting, occurring in two (2) or more 25
locations, where individuals can see and hear each other by means of video and 26
audio equipment; and 27 UNOFFICIAL COPY 22 RS SB 217/GA
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(32) "Writing" or "written" means letters, words, or numbers, or their equivalent, set 1
down by handwriting, typewriting, printing, photostating, photographing, magnetic 2
impulse, mechanical or electronic recording, or other form of data compilation. 3
Section 3. KRS 150.021 is amended to read as follows: 4
(1) The Department of Fish and Wildlife Resources shall constitute an independent[a] 5
department of state government within the meaning of KRS Chapter 12, and shall 6
be administratively attached to the Tourism, Arts and Heritage Cabinet only for 7
those limited functions and purposes expressly requested by the department to be 8
performed by the Tourism, Arts and Heritage Cabinet. The department shall have 9
sole discretion as to which functions shall be deemed necessary for the efficient 10
operation of the department and the properties in its custody and control. The 11
department shall consist of a commissioner, a Fish and Wildlife Resources 12
Commission, the Division of Law Enforcement, and other agents and employees 13
provided for in this chapter. The department shall enforce the laws and regulations 14
adopted under this chapter relating to wildlife and shall exercise all powers 15
necessarily incident thereto. 16
(2) [Except with regard to the commission's authority to appoint and compensate a 17
commissioner under KRS 150.061, any powers conferred by this chapter upon 18
the Department of Fish and Wildlife Resources, the Fish and Wildlife 19
Resources Commission, or the commissioner of the Department of Fish and 20
Wildlife Resources, and any powers conferred by KRS Chapter 235 shall be 21
exercised subject to the provisions of KRS Chapters 42, 45, 45A, 56, and 64, 22
which chapters in all respects are controlling. 23
(3) ](a) The Finance and Administration Cabinet shall assess the Department of Fish 24
and Wildlife Resources each fiscal year a fee in an amount equal to five 25
percent (5%) of the debt service associated with all phases and 26
implementation of the capital project to replace, repair, or maintain the two (2) 27 UNOFFICIAL COPY 22 RS SB 217/GA
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way radio system utilized by the Department of Kentucky State Police. 1
(b) The fee shall be assessed on each phase of the implementation of the two (2) 2
way radio system and shall continue to be assessed until all debt for the 3
system has been retired. 4
(3) On the effective date of this Act, copies of any records, files, or documents, 5
including any legal documents or memoranda, associated with functions of the 6
Department of Fish and Wildlife Resources that were previously performed by the 7
Tourism, Arts and Heritage Cabinet but for which it is no longer deemed 8
responsible, shall be transmitted to the department. 9
(4) The department shall not be subject to reorganization under KRS Chapter 12. 10
Section 4. KRS 150.022 is amended to read as follows: 11
(1) The Department of Fish and Wildlife Resources Commission shall consist of nine 12
(9) members, one (1) from each commission[wildlife] district, as set out by the 13
commissioner with the approval of the commission, and not more than five (5) of 14
the same political party. 15
(2) The Governor shall appoint the members of the commission subject to confirmation 16
by the Senate as described in subsection (3) of this section. Each of the members 17
shall be appointed for a term ending on December 31 of the fourth calendar year 18
following his or her appointment, except that a member's term shall continue 19
until his or her successor is duly appointed and confirmed by the Senate, but no 20
later than one (1) year following the expiration of the member's term. If after one 21
(1) year a successor has not been duly appointed and confirmed by the Senate, 22
the commissioner's seat for that district shall be vacant until a successor is duly 23
appointed and confirmed by the Senate. A member shall serve no more than two 24
(2) full terms, not including any partial term that a member may additionally 25
serve[of four (4) years and may be reappointed only once]. A[No] person who has 26
been convicted of a felony offense, in Kentucky or under the law of any other state, 27 UNOFFICIAL COPY 22 RS SB 217/GA
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or any other law of the United States shall not be eligible to serve on the 1
commission. 2
(3) (a) Vacancies through the expiration of terms of the members of the commission 3
shall be filled by appointment by the Governor from a list of five (5) names 4
from each commission[wildlife] district, recommended and submitted by the 5
sportsmen of each respective district. 6
(b) When the term of a member expires, the commissioner shall call a meeting of 7
the sportsmen in that district not later than thirty (30) days prior to the 8
expiration of the member's term. Notice of the meeting shall be given by 9
publication pursuant to KRS Chapter 424. 10
(c) At the meeting, the sportsmen in attendance shall select and submit to the 11
Governor a list of five (5) residents and citizens of the district who have held 12
hunting and fishing licenses in Kentucky or another state for at least the 13
previous five (5) consecutive years, or who have been hunting and fishing in 14
the Commonwealth for the previous five (5) consecutive years while license-15
exempt under KRS 150.170, and who are well informed on the subject of 16
wildlife conservation and restoration. Each sportsman may vote for one (1) 17
candidate only, and the list submitted to the Governor shall be made up of the 18
names of the five (5) candidates receiving the five (5) highest vote totals. 19
(d) The Governor shall appoint a successor to the member whose term has 20
expired no later than January 20 of the year following the year in which the 21
member's term expired[is about to expire within sixty (60) days following the 22
submission to him of the list referred to in this subsection, and in no event 23
later than August 13]. 24
(4) Upon appointment to the [commission of the ]Department of Fish and Wildlife 25
Resources Commission, each commissioner shall execute a bond of one thousand 26
dollars ($1,000) in favor of the Department of Fish and Wildlife Resources, the 27 UNOFFICIAL COPY 22 RS SB 217/GA
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premium on this bond to be paid out of department funds. 1
(5) In the event of vacancies other than by expiration, the Governor shall fill the 2
vacancy for the unexpired part of the term from the names remaining on the list 3
previously submitted for the district from which the vacancy arose. 4
(6) Each member of the commission shall take the constitutional oath of office. 5
(7) The Governor shall remove any member of the commission for cause under 6
subsection (2) of this section and may remove a[any] member of the commission 7
for nonfeasance[inefficiency], neglect of duty, or misconduct in office; but shall 8
first deliver to the member a copy of all charges in writing and afford to him or her 9
an opportunity for an administrative hearing to be conducted in accordance with 10
KRS Chapter 13B[of being publicly heard in person or by counsel in defense of the 11
charges, upon not less than ten (10) days' notice]. In order to remove[If] a member 12
of the commission[ shall be removed], the Governor shall file in the office of the 13
Secretary of State a complete statement of all charges made against the member and 14
his or her findings thereon, together with a complete record of the proceedings. 15
(8) Each member of the commission shall be entitled to reimbursement for actual and 16
necessary traveling and other expenses incurred by him or her in the discharge of 17
his or her official duties and to be paid from the game and fish fund. 18
(9) A majority of the commission shall constitute a quorum for the transaction of any 19
business, for the performance of any duty or for the exercise of any power vested in 20
the commission. 21
(10) The department shall have its principal office in Franklin County, and is authorized 22
to purchase all supplies, equipment, and printed forms and to issue any notices and 23
publications as the commissioner may deem necessary to carry out the provisions of 24
this chapter. 25
(11) The word "sportsman" as used in this section shall mean a resident hunter or 26
fisherman who has been licensed in Kentucky for each of the past two (2) 27 UNOFFICIAL COPY 22 RS SB 217/GA
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consecutive years. 1
Section 5. KRS 150.0241 is amended to read as follows: 2
(1) As used in this section unless the context otherwise requires: 3
(a) "Commission" has the same meaning as in KRS 150.010; 4
(b) "Commission-managed lands" means those lands owned by the commission, 5
those lands owned by the Commonwealth over which the commission holds 6
management authority, or those privately owned lands that are leased or 7
managed by the commission; and 8
(c) "Hunting" means the lawful pursuit, trapping, shooting, capture, collection, or 9
killing of wildlife or the lawful attempt to do the same. 10
(2) Commission-managed lands shall be open to access and use for hunting except as 11
limited by the commission for reasons of fish or wildlife management, or as 12
otherwise limited by a statute outside KRS Chapter 150 or 235. 13
(3) The commission, in exercising its authority under the Constitution of the 14
Commonwealth of Kentucky and statutes, shall exercise its authority consistent 15
with subsection (2) of this section, in a manner that supports, promotes, and 16
enhances hunting opportunities to the extent authorized by law. 17
(4) Commission land management decisions and actions, including decisions made by 18
private owners to close land managed by the commission, shall not result in any net 19
loss of habitat land acreage available for hunting opportunities on commission-20
managed lands that exists on July 15, 2010. The commission shall expeditiously 21
find replacement acreage for hunting to compensate for closures of any existing 22
hunting land. Replacement lands shall, to the greatest extent possible, be located 23
within the same commission[wildlife] district and shall be consistent with the 24
hunting discipline that the commission allowed on the closed land. 25
(5) Any state agency that owns or manages lands shall assist and coordinate and 26
cooperate with the commission to allow hunting on these lands if the lands are 27 UNOFFICIAL COPY 22 RS SB 217/GA
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determined by the commission and that agency to be suitable for hunting. To ensure 1
no net loss of land acreage available for hunting, state agencies shall cooperate with 2
the commission to open new, additional hunting lands to replace lost hunting 3
acreage. Lands officially designated as units within the state park system may be 4
considered for replacement hunting lands and may be open for hunting when 5
necessary as a wildlife control or management tool as determined by the 6
Department of Parks. 7
(6) By October 1 of each year, the commissioner shall submit to the Legislative 8
Research Commission and the Interim Joint Committee on Natural Resources and 9
Environment a written report describing: 10
(a) The acreage managed by the commission that was closed to hunting during the 11
previous fiscal year and the reasons for the closures; and 12
(b) The acreage managed by the commission that was opened to hunting to 13
compensate for closures of existing land pursuant to subsection (4) of this 14
section. 15
(7) By October 1 of each year, any state agency that owns or manages lands shall 16
submit a written report to the commission, the Legislative Research Commission, 17
and the Interim Joint Committee on Natural Resources and Environment describing: 18
(a) A list of properties that were open for hunting during the previous fiscal year; 19
(b) A list of properties that were not open for hunting during the previous fiscal 20
year; and 21
(c) 1. The acreage for each property and the county where each property is 22
located, including lands on which a right-of-way exists which make the 23
lands unsuitable for hunting, and an explanation of why the right-of-way 24
makes the land unsuitable for hunting; and 25
2. Parcels under fifty (50) acres. No agency shall subdivide land it owns or 26
manages into parcels under fifty (50) acres in an attempt to avoid 27 UNOFFICIAL COPY 22 RS SB 217/GA
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compliance with the provisions of this section. 1
(8) The first report under this section shall be due no later than October 1, 2010. 2
Section 6. KRS 150.061 is amended to read as follows: 3
(1) Notwithstanding any provisions of KRS Chapter 18A, 42, 45, 45A, 56, or 64 to the 4
contrary, the commission shall have the sole authority to appoint a commissioner of 5
the Department of Fish and Wildlife Resources, who shall be a person with 6
knowledge of and experience in the requirements for the protection, conservation 7
and restoration of the wildlife resources of the state. The commission shall be the 8
sole contracting body for the purposes of KRS Chapter 45A and shall submit any 9
proposed personal service contract with a commissioner to the Government Contact 10
Review Committee for its review pursuant to KRS 45A.690 to 45A.725. The 11
commissioner shall serve for a defined employment contract term not to exceed four 12
(4) years and shall be subject to: 13
(a) Annual review by the commission in closed, executive session; 14
(b) Removal by the commission for the same cause and in the same manner in 15
which the Governor may remove a member of the commission; and 16
(c) Reappointment by the commission. 17
(2) The commissioner shall receive such compensation as the commission may solely 18
determine, and shall be reimbursed for all actual and necessary travel and other 19
expenses incurred by him or her in the performance of his or her official duties. 20
(3) Before entering upon the duties of his or her office, the commissioner shall take and 21
subscribe to the constitutional oath of office, and shall, in addition thereto, swear or 22
affirm that he or she holds no other public office, nor any position upon or under 23
any political committee or party. Upon appointment by the commission, the 24
commissioner shall execute a bond of five thousand dollars ($5,000) in favor of the 25
Department of Fish and Wildlife Resources, the premium on said bond to be paid 26
out of department funds. 27 UNOFFICIAL COPY 22 RS SB 217/GA
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(4) Notwithstanding any provision of law to the contrary, the commissioner shall be 1
the sole appointing authority for the department for the purposes of KRS Chapter 2
18A and shall have general supervision and control of all activities, functions, 3
appointments, and employees of the department[ of Fish and Wildlife Resources]. 4
He or she shall enforce all provisions of the laws of the state relating to wild 5
animals, birds, fish and amphibians, and shall exercise all powers necessarily 6
incident thereto not specifically conferred on the commission. The commissioner 7
shall make an annual report of all receipts and disbursements and file same with the 8
Secretary of State of the Commonwealth of Kentucky. 9
(5) If federal or other grant funds become available to pay their salaries, the 10
commissioner may appoint and employ other persons that he or she may deem 11
necessary or desirable to accomplish the purposes of this chapter. The 12
commissioner shall determine the compensation, duties, and terms of employment 13
of these employees, and grant funded, time-limited positions shall be approved by 14
the commission as needed. Employees whose salaries are funded through federal or 15
other grant funds shall not be counted in any tally of permanent employees made for 16
employee cap or budgetary purposes. 17
Section 7. KRS 150.152 is amended to read as follows: 18
Each year when the Auditor of Public Accounts conducts the statewide single audit of the 19
Commonwealth of Kentucky, the Auditor of Public Accounts shall with respect to the 20
Department of Fish and Wildlife Resources: 21
(1) Examine the separate revenue streams of each account within the game and fish 22
fund to ensure compliance with the prohibition against commingling of funds; 23
(2) Disaggregate and report the revenue and expenditures, by type, within the program 24
income fund of the fish and game fund; 25
(3) Identify internal controls, weaknesses, operating inefficiencies, and make 26
recommendations for improvements;[ and] 27 UNOFFICIAL COPY 22 RS SB 217/GA
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(4) Examine all department procurement procedures and procurements made by the 1
department since the previous annual statewide audit to ensure compliance with 2
the requirements of KRS Chapter 45A and Section 1 of this Act; and 3
(5) Submit a written report to the Interim Joint Committee on Natural Resources and 4
Energy[Environment] in conjunction with the release of the statewide single audit 5
of the Commonwealth of Kentucky. 6
Section 8. KRS 235.010 is amended to read as follows: 7
As used in this chapter, unless the context clearly requires a different meaning: 8
(1) "Vessel" means every description of watercraft, other than a seaplane on the water; 9
(2) "Motorboat" means any vessel propelled by machinery, whether or not such 10
machinery is the principal source of propulsion, except for the following: 11
(a) Boats or vessels propelled totally by a direct current battery-powered motor 12
when used on private waters; 13
(b) Boats propelled by human power employing the use of hand or foot operation; 14
and 15
(c) Federally regulated commercial vessels; 16
(3) "Owner" means a person, other than a lienholder, having the property in or title to a 17
motorboat. The term includes a person entitled to the use or possession of a 18
motorboat subject to an interest in another person, reserved or created by agreement 19
and securing payment or performance of an obligation, but the term excludes a 20
lessee under a lease not intended as security; 21
(4) "Personal watercraft" means a vessel which uses an internal combustion engine to 22
power a jet pump for its primary source of propulsion and is designed to be operated 23
by a person sitting, standing, or kneeling on the vessel rather than to be operated by 24
a person sitting or standing inside the vessel; 25
(5) "Safe boating certificate" means a document attesting the successful completion of 26
instruction, approved by the department or given by the United States Coast Guard 27 UNOFFICIAL COPY 22 RS SB 217/GA
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or Coast Guard Auxiliary or the United States Power Squadron, to prepare an 1
individual to safely operate a motorboat or personal watercraft on the waters of the 2
Commonwealth; 3
(6) "Waters of this state" means any waters within the territorial limits of this state; 4
(7) "Person" means an individual, partnership, firm, corporation, association, or other 5
entity; 6
(8) "Operate" means to navigate or otherwise use a motorboat or a vessel; 7
(9) "Cabinet" means the Tourism, Arts and Heritage Cabinet; 8
(10) "Department" means the Department of Fish and Wildlife Resources; 9
(11) "License" and "certificate of number" as used herein are synonymous; 10
(12) "Clerk" means county clerk; 11
(13) "Division of Law Enforcement" means the Division of Law Enforcement, 12
Department of Fish and Wildlife Resources administratively attached to the[within 13
the] Tourism, Arts and Heritage Cabinet; 14
(14) "Title" means the certificate of title; 15
(15) "Commissioner" means the commissioner of the Department of Fish and Wildlife 16
Resources; 17
(16) "Federally regulated commercial vessel" means any vessel holding a United States 18
certificate of documentation with a coastwise trade endorsement; 19
(17) "Marina" means a dock or basin providing moorings for motorboats and offering 20
supply, repair, or other services for remuneration; and 21
(18) "Marine sanitation device" means equipment that is identified by the United States 22
Coast Guard as meeting the standards of the United States Environmental 23
Protection Agency or that is approved by the Energy and Environment Cabinet, to 24
eliminate the discharge of untreated sewage from vessels into the waters of the 25
Commonwealth and is a device that receives, treats, retains, or discharges sewage. 26
Section 9. KRS 235.030 is amended to read as follows: 27 UNOFFICIAL COPY 22 RS SB 217/GA
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This chapter shall be known as the State Boating Act and shall be administered by the 1
Department of Fish and Wildlife Resources, which is administratively attached to the 2
Tourism, Arts and Heritage Cabinet only for those limited functions and purposes 3
expressly requested by the department to be performed by the Tourism, Arts and 4
Heritage Cabinet. The department shall have sole discretion as to which functions 5
shall be deemed necessary for the efficient operation of the department and the 6
properties in its custody and control.[ in the Tourism, Arts and Heritage Cabinet, except] 7
The Transportation Cabinet shall be responsible for administering the boat numbering, 8
registration, and titling requirements. 9
Section 10. KRS 235.130 is amended to read as follows: 10
(1) No person acting for himself or another shall buy or trade for any motorboat without 11
receiving the certificate of title issued for that boat with a certificate of transfer 12
endorsed thereon. If the motorboat has not been issued a certificate of title as noted 13
on the certificate of registration, the person shall receive a completed assignment of 14
title on a boat transaction record and the certificate of registration. 15
(2) It shall be the duty of the purchaser to promptly submit the endorsed certificate of 16
title or boat transaction record and certificate of registration to the county clerk of 17
the county of the purchaser's residence or in which the motorboat is to be principally 18
operated. The purchaser shall apply for a new certificate of title and registration 19
pursuant to KRS 235.050. The county clerk shall thereupon issue to the purchaser a 20
transfer of registration bearing the same data and information. The clerk shall 21
forward the endorsed certificate of title or boat transaction record and certificate of 22
registration and new application for title and registration to the Transportation 23
Cabinet. Except when registration is prohibited by law, any unexpired registration 24
shall remain valid after transfer until expiration occurs according to law. 25
(3) For transferring the registration, the clerk shall collect a fee of five dollars ($5). The 26
clerk shall retain two dollars ($2), the Transportation Cabinet shall receive two 27 UNOFFICIAL COPY 22 RS SB 217/GA
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dollars ($2) and the Department of Fish and Wildlife Resources administratively 1
attached to[within] the Tourism, Arts and Heritage Cabinet shall receive one dollar 2
($1). The fee received by the Transportation Cabinet shall be deposited in a trust 3
and agency account for use by the Transportation Cabinet in defraying the cost of 4
implementing and operating the boat titling and registration program. The fee for 5
transferring the title shall be as required by KRS 235.085. 6
(4) If a transferee does not promptly submit the necessary documents to the county 7
clerk as required by law in order to complete the transfer transaction, a transferor 8
may submit to the county clerk, after the passage of fifteen (15) calendar days, in his 9
county of residence, an affidavit that he has transferred his interest in a specific 10
motorboat and the clerk may enter appropriate data into the AVIS system which 11
would restrict any registration transaction from occurring on that vehicle until the 12
transfer was processed. 13
(5) If the owner junks or otherwise renders a motorboat unfit for future use, he shall 14
deliver the title to the county clerk of the county in which the motorboat is junked. 15
The county clerk shall immediately return the title to the Transportation Cabinet. 16
The owner shall pay to the county clerk fifty cents ($0.50) for his services. 17
Section 11. (1) The Finance and Administration Cabinet is directed to 18
acquire perpetual conservation easements for the benefit of the Department of Fish and 19
Wildlife Resources on approximately 54,000 acres of real property in Knox, Bell, and 20
Leslie Counties, that was conveyed by Ataya Hardwoods LLC to Cumberland Forest LP, 21
which is a fund established by The Nature Conservancy, by special warranty deeds dated 22
December 17, 2007, and recorded in: 23
(a) Knox County on December 26, 2007, in deed book D368, pages 615 to 700, 24
and by correction deed dated February 13, 2008, and recorded in Knox County, deed 25
book 369, page 716; 26
(b) Bell County on December 21, 2007, deed book 339, page 533, and by 27 UNOFFICIAL COPY 22 RS SB 217/GA
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correction deed dated February 13, 2008, and recorded in Bell County, deed book 340, 1
page 518; and 2
(c) Leslie County on December 26, 2007, in deed book 177, page 20, and by 3
correction deed dated February 13, 2008, and recorded in Leslie County, deed book 177, 4
page 520. 5
(2) The Finance and Administration Cabinet shall procure outside legal counsel 6
who has real property acquisition expertise and who does not currently have a contract to 7
render legal service to the Commonwealth to advise the Department of Fish and Wildlife 8
Resources on all issues related to the transaction. 9
(3) The terms of the conservation easements acquired pursuant to subsection (1) 10
of this section shall protect the Commonwealth from all liability arising from conditions 11
of the properties as they were prior to the acquisition of the conservation easements, 12
including but not limited to conditions that resulted from prior mining, oil and gas 13
drilling, or other natural resource extraction activities. 14
(4) The cost of the acquisition of the conservation easements directed by 15
subsection (1) of this section shall be paid from federal funds, grants, and gifts made 16
available to the Department of Fish and Wildlife Resources. The purchase price shall not 17
exceed $250 per acre and shall be substantiated by an appraisal paid for by Cumberland 18
Forest LP or The Nature Conservancy. 19
(5) The terms of the conservations easements acquired pursuant to subsection (1) 20
of this section shall set forth, in a comprehensive manner, the rights and obligations of the 21
parties. 22
(6) Acquisition of the conservation easements as provided for in this section shall 23
follow a reasonable time for due diligence and negotiation, but all transactions for the 24
acquisition of conservation easements shall close no later than 18 months after the 25
effective date of this Act. 26
Section 12. Whereas it is critical to the proper management and administration 27 UNOFFICIAL COPY 22 RS SB 217/GA
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of the Department of Fish and Wildlife Resources that it is able to exercise independent 1
authority in managing the natural resources under its jurisdiction, an emergency is 2
declared to exist, and this Act takes effect upon its passage and approval by the Governor 3
or upon its otherwise becoming a law. 4