CHAPTER 197
Legislative Research Commission PDF Version
1
CHAPTER 197
( SB 217 )
AN ACT relating to the Department of Fish and Wildlife Resources and declaring an emergency.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
SECTION 1. A NEW SECTION OF KRS CHAPTER 150 IS CREATED TO READ AS FOLLOWS:
(1) Notwithstanding any provision of law to the contrary, the department shall conduct all procurements
necessary for the performance of its duties in accordance with KRS Chapter 45A and this chapter. Upon
approval of the commission, the commissioner shall be deemed the chief purchasing officer for the
purposes of conducting procurements for the department and shall have all of the authority and
responsibility with regard to the department's procurements as the secretary for the Finance and
Administration Cabinet has for procurements under KRS Chapter 45A. All department personal service
contracts, tax incentive agreements, and memoranda of agreement shall be subject to review by the
Government Contract Review Committee established by KRS 45A.705.
(2) In its bidding and negotiation processes, the department, upon approval of the commission, shall perform
its own bidding and procurement in accordance with the procedures established by KRS Chapter 45A.
(3) All members of the commission, the commissioner, and employees of the department shall be subject to the
requirements of the Executive Branch Code of Ethics established under KRS Chapter 11A.
Section 2. KRS 45A.030 is amended to read as follows:
As used in this code, unless the context requires otherwise:
(1) "Business" means any corporation, partnership, individual, sole proprietorship, joint stock company, joint
venture, or any other legal entity through which business is conducted;
(2) "Change order" means a written order signed by the purchasing officer, directing the contractor to make
changes that the changes clause of the contract authorizes the purchasing officer to order without the consent
of the contractor;
(3) "Chief purchasing officer" means the secretary of the Finance and Administration Cabinet, who shall be
responsible for all procurement of the Commonwealth except as provided by KRS Chapters 150, 175, 175B,
176, 177, and 180;
(4) "Construction" means the process of building, altering, repairing, improving, or demolishing any public
structures or buildings, or other public improvements of any kind to any public real property. It does not
include the routine maintenance of existing structures, buildings, or real property;
(5) "Construction manager-agency" means services to assist the purchasing agency manage construction that are
procured through a contract that is qualifications-based;
(6) "Construction management-at-risk" means a project delivery method in which the purchasing officer enters
into a single contract with an offeror that assumes the risk for construction at a contracted guaranteed
maximum price as a general contractor, and provides consultation and collaboration regarding the construction
during and after design of a capital project. The contract shall be subject to the bonding requirements of KRS
45A.190;
(7) "Construction manager-general contractor" means a project delivery method in which the purchasing officer
enters into a single contract with an offeror to provide preconstruction and construction services. During the
preconstruction phase, the successful offeror provides design consulting services. During the construction
phase, the successful offeror acts as general contractor by:
(a) Contracting with subcontractors; and
(b) Providing for management and construction at a fixed price with a completion deadline;
(8) "Contract" means all types of state agreements, including grants and orders, for the acquisition, purchase, or
disposal of supplies, services, construction, or any other item. It includes: awards; contracts of a fixed-price,
cost, cost-plus-a-fixed-fee, contingency fee, or incentive type; contracts providing for the issuance of job or
task orders; leases; letter contracts; purchase orders; public-private partnership agreements; and insurance ACTS OF THE GENERAL ASSEMBLY 2
contracts except as provided in KRS 45A.022. It includes supplemental agreements with respect to any of the
foregoing;
(9) "Contract modification" means any written alteration in the specifications, delivery point, rate of delivery,
contract period, price, quantity, or other contract provisions of any existing contract, whether accomplished by
unilateral action in accordance with a contract provision or by mutual action of the parties to the contract. It
includes bilateral actions, such as supplemental agreements, and unilateral actions, such as change orders,
administrative changes, notices of termination, and notices of the exercise of a contract option;
(10) "Contractor" means any person having a contract with a governmental body;
(11) "Data" means recorded information, regardless of form or characteristic;
(12) "Design-bid-build" means a project delivery method in which the purchasing officer sequentially awards
separate contracts, the first for architectural, engineering, or engineering-related services to design the project
and the second for construction of the capital project according to the design. The contract shall be subject to
the bonding requirements of KRS 45A.185;
(13) "Design-build" means a project delivery method in which the purchasing officer enters into a single contract
for design and construction of a capital project. The contract shall be subject to the bonding requirements of
KRS 45A.190;
(14) "Designee" means a duly authorized representative of a person holding a superior position;
(15) "Document" means any physical embodiment of information or ideas, regardless of form or characteristic,
including electronic versions thereof;
(16) "Employee" means an individual drawing a salary from a governmental body, whether elected or not, and any
nonsalaried individual performing personal services for any governmental body;
(17) "Governmental body" means any department, commission, council, board, bureau, committee, institution,
legislative body, agency, government corporation, or other establishment of the executive or legislative branch
of the state government;
(18) "Meeting" means all gatherings of every kind, including video teleconferences;
(19) "Negotiation" means contracting by either the method set forth in KRS 45A.085, 45A.090, or 45A.095;
(20) "Person" means any business, individual, organization, or group of individuals;
(21) "Private partner" means any entity that is a partner in a public-private partnership other than:
(a) The Commonwealth of Kentucky, or any agency or department thereof;
(b) The federal government;
(c) Any other state government; or
(d) Any agency of a state, federal, or local government;
(22) "Procurement" means the purchasing, buying, renting, leasing, or otherwise obtaining of any supplies,
services, or construction. It includes all functions that pertain to the procurement of any supply, service, or
construction item, including description of requirements, selection and solicitation of sources, preparation and
award of contract, and all phases of contract administration;
(23) "Public-private partnership" means a project delivery method for construction or financing of capital projects,
as defined in KRS 45.750, or procurement of services, pursuant to a written public-private partnership
agreement entered into pursuant to KRS 45A.077 and administrative regulations promulgated thereunder,
between:
(a) At least one (1) private partner; and
(b) The Commonwealth of Kentucky, or any agency or department thereof;
(24) "Purchase request" or "purchase requisition" means that document whereby a using agency requests that a
contract be obtained for a specified need, and may include, but is not limited to, the technical description of the
requested item, delivery schedule, transportation, criteria for evaluation of solicitees, suggested sources of
supply, and information supplied for the making of any written determination and finding required by KRS
45A.025; CHAPTER 197
Legislative Research Commission PDF Version
3
(25) "Purchasing agency" means any governmental body that is authorized by this code or its implementing
administrative regulations or by way of delegation from the chief purchasing officer to contract on its own
behalf rather than through the central contracting authority of the chief purchasing officer;
(26) "Purchasing officer" means any person authorized by a governmental body in accordance with procedures
prescribed by administrative regulations to enter into and administer contracts and make written
determinations and findings with respect thereto. The term includes an authorized representative acting within
the limits of authority;
(27) "Services" means the rendering by a contractor of its time and effort rather than the furnishing of a specific end
product, other than reports that are merely incidental to the required performance of services;
(28) "Supplemental agreement" means any contract modification that is accomplished by the mutual action of the
parties;
(29) "Supplies" means all property, including but not limited to leases of real property, printing, and insurance,
except land or a permanent interest in land;
(30) "Using agency" means any governmental body of the state that utilizes any supplies, services, or construction
purchased under this code;
(31) "Video teleconference" means one (1) meeting, occurring in two (2) or more locations, where individuals can
see and hear each other by means of video and audio equipment; and
(32) "Writing" or "written" means letters, words, or numbers, or their equivalent, set down by handwriting,
typewriting, printing, photostating, photographing, magnetic impulse, mechanical or electronic recording, or
other form of data compilation.
Section 3. KRS 150.021 is amended to read as follows:
(1) The Department of Fish and Wildlife Resources shall constitute an independent[a] department of state
government within the meaning of KRS Chapter 12, and shall be administratively attached to the Tourism,
Arts and Heritage Cabinet only for those limited functions and purposes expressly requested by the
department to be performed by the Tourism, Arts and Heritage Cabinet. The department shall have sole
discretion as to which functions shall be deemed necessary for the efficient operation of the department and
the properties in its custody and control. The department shall consist of a commissioner, a Fish and Wildlife
Resources Commission, the Division of Law Enforcement, and other agents and employees provided for in
this chapter. The department shall enforce the laws and regulations adopted under this chapter relating to
wildlife and shall exercise all powers necessarily incident thereto.
(2) [Except with regard to the commission's authority to appoint and compensate a commissioner under KRS
150.061, any powers conferred by this chapter upon the Department of Fish and Wildlife Resources, the
Fish and Wildlife Resources Commission, or the commissioner of the Department of Fish and Wildlife
Resources, and any powers conferred by KRS Chapter 235 shall be exercised subject to the provisions
of KRS Chapters 42, 45, 45A, 56, and 64, which chapters in all respects are controlling.
(3) ](a) The Finance and Administration Cabinet shall assess the Department of Fish and Wildlife Resources
each fiscal year a fee in an amount equal to five percent (5%) of the debt service associated with all
phases and implementation of the capital project to replace, repair, or maintain the two (2) way radio
system utilized by the Department of Kentucky State Police.
(b) The fee shall be assessed on each phase of the implementation of the two (2) way radio system and shall
continue to be assessed until all debt for the system has been retired.
(3) On the effective date of this Act, copies of any records, files, or documents, including any legal documents
or memoranda, associated with functions of the Department of Fish and Wildlife Resources that were
previously performed by the Tourism, Arts and Heritage Cabinet but for which it is no longer deemed
responsible, shall be transmitted to the department.
(4) The department shall not be subject to reorganization under KRS Chapter 12.
Section 4. KRS 150.022 is amended to read as follows:
(1) The Department of Fish and Wildlife Resources Commission shall consist of nine (9) members, one (1) from
each commission[wildlife] district, as set out by the commissioner with the approval of the commission, and
not more than five (5) of the same political party. ACTS OF THE GENERAL ASSEMBLY 4
(2) The Governor shall appoint the members of the commission subject to confirmation by the Senate as described
in subsection (3) of this section. Each of the members shall be appointed for a term ending on December 31
of the fourth calendar year following his or her appointment, except that a member's term shall continue
until his or her successor is duly appointed and confirmed by the Senate, but no later than one (1) year
following the expiration of the member's term. If after one (1) year a successor has not been duly appointed
and confirmed by the Senate, the commissioner's seat for that district shall be vacant until a successor is
duly appointed and confirmed by the Senate. A member shall serve no more than two (2) full terms, not
including any partial term that a member may additionally serve[of four (4) years and may be reappointed
only once]. A[No] person who has been convicted of a felony offense, in Kentucky or under the law of any
other state, or any other law of the United States shall not be eligible to serve on the commission.
(3) (a) Vacancies through the expiration of terms of the members of the commission shall be filled by
appointment by the Governor from a list of five (5) names from each commission[wildlife] district,
recommended and submitted by the sportsmen of each respective district.
(b) When the term of a member expires, the commissioner shall call a meeting of the sportsmen in that
district not later than thirty (30) days prior to the expiration of the member's term. Notice of the meeting
shall be given by publication pursuant to KRS Chapter 424.
(c) At the meeting, the sportsmen in attendance shall select and submit to the Governor a list of five (5)
residents and citizens of the district who have held hunting and fishing licenses in Kentucky or
another state for at least the previous five (5) consecutive years, or who have been hunting and
fishing in the Commonwealth for the previous five (5) consecutive years while license-exempt under
KRS 150.170, and who are well informed on the subject of wildlife conservation and restoration. Each
sportsman may vote for one (1) candidate only, and the list submitted to the Governor shall be made up
of the names of the five (5) candidates receiving the five (5) highest vote totals.
(d) The Governor shall appoint a successor to the member whose term has expired no later than January
20 of the year following the year in which the member's term expired[is about to expire within sixty
(60) days following the submission to him of the list referred to in this subsection, and in no event later
than August 13].
(4) Upon appointment to the [commission of the ]Department of Fish and Wildlife Resources Commission, each
commissioner shall execute a bond of one thousand dollars ($1,000) in favor of the Department of Fish and
Wildlife Resources, the premium on this bond to be paid out of department funds.
(5) In the event of vacancies other than by expiration, the Governor shall fill the vacancy for the unexpired part of
the term from the names remaining on the list previously submitted for the district from which the vacancy
arose.
(6) Each member of the commission shall take the constitutional oath of office.
(7) The Governor shall remove any member of the commission for cause under subsection (2) of this section and
may remove a[any] member of the commission for nonfeasance[inefficiency], neglect of duty, or misconduct
in office; but shall first deliver to the member a copy of all charges in writing and afford to him or her an
opportunity for an administrative hearing to be conducted in accordance with KRS Chapter 13B[of being
publicly heard in person or by counsel in defense of the charges, upon not less than ten (10) days' notice]. In
order to remove[If] a member of the commission[ shall be removed], the Governor shall file in the office of
the Secretary of State a complete statement of all charges made against the member and his or her findings
thereon, together with a complete record of the proceedings.
(8) Each member of the commission shall be entitled to reimbursement for actual and necessary traveling and
other expenses incurred by him or her in the discharge of his or her official duties and to be paid from the
game and fish fund.
(9) A majority of the commission shall constitute a quorum for the transaction of any business, for the
performance of any duty or for the exercise of any power vested in the commission.
(10) The department shall have its principal office in Franklin County, and is authorized to purchase all supplies,
equipment, and printed forms and to issue any notices and publications as the commissioner may deem
necessary to carry out the provisions of this chapter.
(11) The word "sportsman" as used in this section shall mean a resident hunter or fisherman who has been licensed
in Kentucky for each of the past two (2) consecutive years. CHAPTER 197
Legislative Research Commission PDF Version
5
Section 5. KRS 150.0241 is amended to read as follows:
(1) As used in this section unless the context otherwise requires:
(a) "Commission" has the same meaning as in KRS 150.010;
(b) "Commission-managed lands" means those lands owned by the commission, those lands owned by the
Commonwealth over which the commission holds management authority, or those privately owned
lands that are leased or managed by the commission; and
(c) "Hunting" means the lawful pursuit, trapping, shooting, capture, collection, or killing of wildlife or the
lawful attempt to do the same.
(2) Commission-managed lands shall be open to access and use for hunting except as limited by the commission
for reasons of fish or wildlife management, or as otherwise limited by a statute outside KRS Chapter 150 or
235.
(3) The commission, in exercising its authority under the Constitution of the Commonwealth of Kentucky and
statutes, shall exercise its authority consistent with subsection (2) of this section, in a manner that supports,
promotes, and enhances hunting opportunities to the extent authorized by law.
(4) Commission land management decisions and actions, including decisions made by private owners to close
land managed by the commission, shall not result in any net loss of habitat land acreage available for hunting
opportunities on commission-managed lands that exists on July 15, 2010. The commission shall expeditiously
find replacement acreage for hunting to compensate for closures of any existing hunting land. Replacement
lands shall, to the greatest extent possible, be located within the same commission[wildlife] district and shall
be consistent with the hunting discipline that the commission allowed on the closed land.
(5) Any state agency that owns or manages lands shall assist and coordinate and cooperate with the commission to
allow hunting on these lands if the lands are determined by the commission and that agency to be suitable for
hunting. To ensure no net loss of land acreage available for hunting, state agencies shall cooperate with the
commission to open new, additional hunting lands to replace lost hunting acreage. Lands officially designated
as units within the state park system may be considered for replacement hunting lands and may be open for
hunting when necessary as a wildlife control or management tool as determined by the Department of Parks.
(6) By October 1 of each year, the commissioner shall submit to the Legislative Research Commission and the
Interim Joint Committee on Natural Resources and Environment a written report describing:
(a) The acreage managed by the commission that was closed to hunting during the previous fiscal year and
the reasons for the closures; and
(b) The acreage managed by the commission that was opened to hunting to compensate for closures of
existing land pursuant to subsection (4) of this section.
(7) By October 1 of each year, any state agency that owns or manages lands shall submit a written report to the
commission, the Legislative Research Commission, and the Interim Joint Committee on Natural Resources
and Environment describing:
(a) A list of properties that were open for hunting during the previous fiscal year;
(b) A list of properties that were not open for hunting during the previous fiscal year; and
(c) 1. The acreage for each property and the county where each property is located, including lands on
which a right-of-way exists which make the lands unsuitable for hunting, and an explanation of
why the right-of-way makes the land unsuitable for hunting; and
2. Parcels under fifty (50) acres. No agency shall subdivide land it owns or manages into parcels
under fifty (50) acres in an attempt to avoid compliance with the provisions of this section.
(8) The first report under this section shall be due no later than October 1, 2010.
Section 6. KRS 150.061 is amended to read as follows:
(1) Notwithstanding any provisions of KRS Chapter 18A, 42, 45, 45A, 56, or 64 to the contrary, the commission
shall have the sole authority to appoint a commissioner of the Department of Fish and Wildlife Resources, who
shall be a person with knowledge of and experience in the requirements for the protection, conservation and
restoration of the wildlife resources of the state. The commission shall be the sole contracting body for the ACTS OF THE GENERAL ASSEMBLY 6
purposes of KRS Chapter 45A and shall submit any proposed personal service contract with a commissioner to
the Government Contact Review Committee for its review pursuant to KRS 45A.690 to 45A.725. The
commissioner shall serve for a defined employment contract term not to exceed four (4) years and shall be
subject to:
(a) Annual review by the commission in closed, executive session;
(b) Removal by the commission for the same cause and in the same manner in which the Governor may
remove a member of the commission; and
(c) Reappointment by the commission.
(2) The commissioner shall receive such compensation as the commission may solely determine, and shall be
reimbursed for all actual and necessary travel and other expenses incurred by him or her in the performance of
his or her official duties.
(3) Before entering upon the duties of his or her office, the commissioner shall take and subscribe to the
constitutional oath of office, and shall, in addition thereto, swear or affirm that he or she holds no other public
office, nor any position upon or under any political committee or party. Upon appointment by the commission,
the commissioner shall execute a bond of five thousand dollars ($5,000) in favor of the Department of Fish
and Wildlife Resources, the premium on said bond to be paid out of department funds.
(4) Notwithstanding any provision of law to the contrary, the commissioner shall be the sole appointing
authority for the department for the purposes of KRS Chapter 18A and shall have general supervision and
control of all activities, functions, appointments, and employees of the department[ of Fish and Wildlife
Resources]. He or she shall enforce all provisions of the laws of the state relating to wild animals, birds, fish
and amphibians, and shall exercise all powers necessarily incident thereto not specifically conferred on the
commission. The commissioner shall make an annual report of all receipts and disbursements and file same
with the Secretary of State of the Commonwealth of Kentucky.
(5) If federal or other grant funds become available to pay their salaries, the commissioner may appoint and
employ other persons that he or she may deem necessary or desirable to accomplish the purposes of this
chapter. The commissioner shall determine the compensation, duties, and terms of employment of these
employees, and grant funded, time-limited positions shall be approved by the commission as needed.
Employees whose salaries are funded through federal or other grant funds shall not be counted in any tally of
permanent employees made for employee cap or budgetary purposes.
Section 7. KRS 150.152 is amended to read as follows:
Each year when the Auditor of Public Accounts conducts the statewide single audit of the Commonwealth of
Kentucky, the Auditor of Public Accounts shall with respect to the Department of Fish and Wildlife Resources:
(1) Examine the separate revenue streams of each account within the game and fish fund to ensure compliance
with the prohibition against commingling of funds;
(2) Disaggregate and report the revenue and expenditures, by type, within the program income fund of the fish and
game fund;
(3) Identify internal controls, weaknesses, operating inefficiencies, and make recommendations for
improvements;[ and]
(4) Examine all department procurement procedures and procurements made by the department since the
previous annual statewide audit to ensure compliance with the requirements of KRS Chapter 45A and
Section 1 of this Act; and
(5) Submit a written report to the Interim Joint Committee on Natural Resources and Energy[Environment] in
conjunction with the release of the statewide single audit of the Commonwealth of Kentucky.
Section 8. KRS 235.010 is amended to read as follows:
As used in this chapter, unless the context clearly requires a different meaning:
(1) "Vessel" means every description of watercraft, other than a seaplane on the water;
(2) "Motorboat" means any vessel propelled by machinery, whether or not such machinery is the principal source
of propulsion, except for the following: CHAPTER 197
Legislative Research Commission PDF Version
7
(a) Boats or vessels propelled totally by a direct current battery-powered motor when used on private
waters;
(b) Boats propelled by human power employing the use of hand or foot operation; and
(c) Federally regulated commercial vessels;
(3) "Owner" means a person, other than a lienholder, having the property in or title to a motorboat. The term
includes a person entitled to the use or possession of a motorboat subject to an interest in another person,
reserved or created by agreement and securing payment or performance of an obligation, but the term excludes
a lessee under a lease not intended as security;
(4) "Personal watercraft" means a vessel which uses an internal combustion engine to power a jet pump for its
primary source of propulsion and is designed to be operated by a person sitting, standing, or kneeling on the
vessel rather than to be operated by a person sitting or standing inside the vessel;
(5) "Safe boating certificate" means a document attesting the successful completion of instruction, approved by
the department or given by the United States Coast Guard or Coast Guard Auxiliary or the United States
Power Squadron, to prepare an individual to safely operate a motorboat or personal watercraft on the waters of
the Commonwealth;
(6) "Waters of this state" means any waters within the territorial limits of this state;
(7) "Person" means an individual, partnership, firm, corporation, association, or other entity;
(8) "Operate" means to navigate or otherwise use a motorboat or a vessel;
(9) "Cabinet" means the Tourism, Arts and Heritage Cabinet;
(10) "Department" means the Department of Fish and Wildlife Resources;
(11) "License" and "certificate of number" as used herein are synonymous;
(12) "Clerk" means county clerk;
(13) "Division of Law Enforcement" means the Division of Law Enforcement, Department of Fish and Wildlife
Resources administratively attached to the[within the] Tourism, Arts and Heritage Cabinet;
(14) "Title" means the certificate of title;
(15) "Commissioner" means the commissioner of the Department of Fish and Wildlife Resources;
(16) "Federally regulated commercial vessel" means any vessel holding a United States certificate of
documentation with a coastwise trade endorsement;
(17) "Marina" means a dock or basin providing moorings for motorboats and offering supply, repair, or other
services for remuneration; and
(18) "Marine sanitation device" means equipment that is identified by the United States Coast Guard as meeting the
standards of the United States Environmental Protection Agency or that is approved by the Energy and
Environment Cabinet, to eliminate the discharge of untreated sewage from vessels into the waters of the
Commonwealth and is a device that receives, treats, retains, or discharges sewage.
Section 9. KRS 235.030 is amended to read as follows:
This chapter shall be known as the State Boating Act and shall be administered by the Department of Fish and
Wildlife Resources, which is administratively attached to the Tourism, Arts and Heritage Cabinet only for those
limited functions and purposes expressly requested by the department to be performed by the Tourism, Arts and
Heritage Cabinet. The department shall have sole discretion as to which functions shall be deemed necessary for
the efficient operation of the department and the properties in its custody and control.[ in the Tourism, Arts and
Heritage Cabinet, except] The Transportation Cabinet shall be responsible for administering the boat numbering,
registration, and titling requirements.
Section 10. KRS 235.130 is amended to read as follows:
(1) No person acting for himself or another shall buy or trade for any motorboat without receiving the certificate
of title issued for that boat with a certificate of transfer endorsed thereon. If the motorboat has not been issued
a certificate of title as noted on the certificate of registration, the person shall receive a completed assignment
of title on a boat transaction record and the certificate of registration. ACTS OF THE GENERAL ASSEMBLY 8
(2) It shall be the duty of the purchaser to promptly submit the endorsed certificate of title or boat transaction
record and certificate of registration to the county clerk of the county of the purchaser's residence or in which
the motorboat is to be principally operated. The purchaser shall apply for a new certificate of title and
registration pursuant to KRS 235.050. The county clerk shall thereupon issue to the purchaser a transfer of
registration bearing the same data and information. The clerk shall forward the endorsed certificate of title or
boat transaction record and certificate of registration and new application for title and registration to the
Transportation Cabinet. Except when registration is prohibited by law, any unexpired registration shall remain
valid after transfer until expiration occurs according to law.
(3) For transferring the registration, the clerk shall collect a fee of five dollars ($5). The clerk shall retain two
dollars ($2), the Transportation Cabinet shall receive two dollars ($2) and the Department of Fish and Wildlife
Resources administratively attached to[within] the Tourism, Arts and Heritage Cabinet shall receive one
dollar ($1). The fee received by the Transportation Cabinet shall be deposited in a trust and agency account for
use by the Transportation Cabinet in defraying the cost of implementing and operating the boat titling and
registration program. The fee for transferring the title shall be as required by KRS 235.085.
(4) If a transferee does not promptly submit the necessary documents to the county clerk as required by law in
order to complete the transfer transaction, a transferor may submit to the county clerk, after the passage of
fifteen (15) calendar days, in his county of residence, an affidavit that he has transferred his interest in a
specific motorboat and the clerk may enter appropriate data into the AVIS system which would restrict any
registration transaction from occurring on that vehicle until the transfer was processed.
(5) If the owner junks or otherwise renders a motorboat unfit for future use, he shall deliver the title to the county
clerk of the county in which the motorboat is junked. The county clerk shall immediately return the title to the
Transportation Cabinet. The owner shall pay to the county clerk fifty cents ($0.50) for his services.
Section 11. (1) The Finance and Administration Cabinet is directed to acquire perpetual conservation
easements for the benefit of the Department of Fish and Wildlife Resources on approximately 54,000 acres of real
property in Knox, Bell, and Leslie Counties, that was conveyed by Ataya Hardwoods LLC to Cumberland Forest LP,
which is a fund established by The Nature Conservancy, by special warranty deeds dated December 17, 2007, and
recorded in:
(a) Knox County on December 26, 2007, in deed book D368, pages 615 to 700, and by correction deed
dated February 13, 2008, and recorded in Knox County, deed book 369, page 716;
(b) Bell County on December 21, 2007, deed book 339, page 533, and by correction deed dated February
13, 2008, and recorded in Bell County, deed book 340, page 518; and
(c) Leslie County on December 26, 2007, in deed book 177, page 20, and by correction deed dated
February 13, 2008, and recorded in Leslie County, deed book 177, page 520.
(2) The Finance and Administration Cabinet shall procure outside legal counsel who has real property
acquisition expertise and who does not currently have a contract to render legal service to the Commonwealth to
advise the Department of Fish and Wildlife Resources on all issues related to the transaction.
(3) The terms of the conservation easements acquired pursuant to subsection (1) of this section shall protect
the Commonwealth from all liability arising from conditions of the properties as they were prior to the acquisition of
the conservation easements, including but not limited to conditions that resulted from prior mining, oil and gas
drilling, or other natural resource extraction activities.
(4) The cost of the acquisition of the conservation easements directed by subsection (1) of this section shall
be paid from federal funds, grants, and gifts made available to the Department of Fish and Wildlife Resources. The
purchase price shall not exceed $250 per acre and shall be substantiated by an appraisal paid for by Cumberland
Forest LP or The Nature Conservancy.
(5) The terms of the conservations easements acquired pursuant to subsection (1) of this section shall set
forth, in a comprehensive manner, the rights and obligations of the parties.
(6) Acquisition of the conservation easements as provided for in this section shall follow a reasonable time
for due diligence and negotiation, but all transactions for the acquisition of conservation easements shall close no
later than 18 months after the effective date of this Act.
Section 12. Whereas it is critical to the proper management and administration of the Department of Fish
and Wildlife Resources that it is able to exercise independent authority in managing the natural resources under its CHAPTER 197
Legislative Research Commission PDF Version
9
jurisdiction, an emergency is declared to exist, and this Act takes effect upon its passage and approval by the
Governor or upon its otherwise becoming a law.
Veto Overridden and Signed by Secretary of State April 13, 2022.