UNOFFICIAL COPY 23 RS SB 241/GA
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AN ACT relating to the Department of Fish and Wildlife Resources, making an 1
appropriation therefor, and declaring an emergency. 2
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3
Section 1. 2022 Ky. Acts ch. 197, sec. 11, is amended to read as follows: 4
(1) The Department of Fish and Wildlife Resources[Finance and Administration 5
Cabinet] is directed to acquire perpetual conservation easements[ for the benefit of the 6
Department of Fish and Wildlife Resources] on approximately 54,000 acres of real 7
property in Knox, Bell, and Leslie Counties, that was conveyed by Ataya Hardwoods 8
LLC to Cumberland Forest LP, which is a fund established by The Nature Conservancy, 9
by special warranty deeds dated December 17, 2007, and recorded in: 10
(a) Knox County on December 26, 2007, in deed book D368, pages 615 to 700, 11
and by correction deed dated February 13, 2008, and recorded in Knox County, deed 12
book 369, page 716; 13
(b) Bell County on December 21, 2007, deed book 339, page 533, and by 14
correction deed dated February 13, 2008, and recorded in Bell County, deed book 340, 15
page 518; and 16
(c) Leslie County on December 26, 2007, in deed book 177, page 20, and by 17
correction deed dated February 13, 2008, and recorded in Leslie County, deed book 177, 18
page 520. 19
(2)[ The Finance and Administration Cabinet shall procure outside legal counsel 20
who has real property acquisition expertise and who does not currently have a contract to 21
render legal service to the Commonwealth to advise the Department of Fish and Wildlife 22
Resources on all issues related to the transaction. 23
(3)] The terms of the conservation easements acquired pursuant to subsection (1) 24
of this section shall protect the Commonwealth from all liability arising from conditions 25
of the properties as they were prior to the acquisition of the conservation easements, 26
including but not limited to conditions that resulted from prior mining, oil and gas 27 UNOFFICIAL COPY 23 RS SB 241/GA
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drilling, or other natural resource extraction activities. 1
(3) Cumberland Forest LP, when transferring a conservation easement to the 2
Department of Fish and Wildlife Resources, shall not be subject to the provisions of 3
KRS 382.850, provided that for any mineral rights severed from the fee title of the 4
property prior to its conveyance to Cumberland Forest LP, the conservation easement 5
states that it shall not operate to limit, preclude, delete, or require waivers for 6
conducting coal mining operations or oil and gas exploration or production activities, 7
including the transportation of coal, oil, or natural gas, on or across the property. 8
(4) The cost of the acquisition of the conservation easements directed by 9
subsection (1) of this section shall be paid from appropriated state funds, federal funds, 10
grants, and gifts made available to the Department of Fish and Wildlife Resources. The 11
purchase price shall not exceed $250 per acre and shall be substantiated by an appraisal 12
paid for by Cumberland Forest LP or The Nature Conservancy. The Department of Fish 13
and Wildlife Resources may work with third parties, contractors, or partners to assist in 14
procuring other necessary due diligence required to complete the acquisitions directed 15
by this section. 16
(5) The terms of the conservations easements acquired pursuant to subsection (1) 17
of this section shall set forth, in a comprehensive manner, the rights and obligations of 18
the parties. 19
(6) Acquisition of the conservation easements as provided for in this section shall 20
follow a reasonable time for due diligence and negotiation, but all transactions for the 21
acquisition of conservation easements shall close no later than June 30, 2024[18 months 22
after the effective date of this Act]. 23
(7) Notwithstanding KRS 56.040, surveys and plats of lands for which the 24
conservation easements are directed to be acquired under this section shall not be 25
required to be completed prior to closing. However, the Department of Fish and 26
Wildlife Resources and Cumberland Forest LP shall deposit mutually agreeable funds 27 UNOFFICIAL COPY 23 RS SB 241/GA
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in escrow accounts to reconcile any differences in the final acreage of the lands once 1
the surveys are completed, which shall be within a reasonable time after closing. 2
(8) Notwithstanding any provision of law to the contrary, the Department of 3
Fish and Wildlife Resources is authorized to sign all documents necessary to complete 4
any transactions to acquire the conservation easements under this section, including 5
the signing of deeds and any closing documents. 6
(9) Notwithstanding any provision of law to the contrary, on the effective date 7
of this Act, the Finance and Administration Cabinet shall deliver to the Department of 8
Fish and Wildlife Resources any work product, documents, or other related materials it 9
has prepared or caused to be prepared in performing its due diligence in the 10
acquisition of the conservation easements directed by this section to avoid duplication 11
of efforts and further delays in the acquisition process. Furthermore, the Department 12
of Fish and Wildlife Resources shall have the option, in its sole discretion, to accept via 13
assignment, any contracts the Finance and Administration Cabinet has entered into 14
for the acquisitions directed by this section prior to the effective date of this Act. 15
Contracts not accepted by the Department of Fish and Wildlife Resources shall be 16
canceled by the Finance and Administration Cabinet at its own expense. 17
Section 2. 2022 Kentucky Acts Chapter 199, Part I, Operating Budget, L. 18
Tourism, Arts and Heritage Cabinet, 7. Fish and Wildlife Resources, (4) Kentucky 19
Cumberland Forest Conservation Program, at page 1705, is amended to read as follows: 20
(4) Kentucky Cumberland Forest Conservation Program: Included in the 21
above General Fund appropriation is a one-time allocation of $3,875,000 in fiscal year 22
2022-2023 to support the Kentucky Cumberland Forest Conservation Program. 23
Notwithstanding KRS 45.229, these funds shall not lapse and shall carry forward. 24
Section 3. KRS 45A.295 is amended to read as follows: 25
As used in KRS 45A.295 to 45A.320: 26
(1) "State public purchasing unit" shall mean the Finance and Administration Cabinet 27 UNOFFICIAL COPY 23 RS SB 241/GA
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and any other purchasing agency of this Commonwealth, including the Department 1
of Fish and Wildlife Resources;[.] 2
(2) "Local public purchasing unit" shall mean any county, city, governmental entity 3
and other subdivision of the Commonwealth or public agency thereof, public 4
authority, public educational, health, or other institution, any other entity which 5
expends public funds for the acquisition or leasing of supplies, services, and 6
construction, and any nonprofit corporation operating a charitable hospital;[.] 7
(3) "Public purchasing unit" shall mean either a local public purchasing unit or a state 8
public purchasing unit;[.] 9
(4) "Foreign purchasing activity" shall mean any buying organization not located in 10
this Commonwealth which, if located in this Commonwealth, would qualify as a 11
public purchasing unit. An agency of the United States government is a foreign 12
purchasing activity; and[.] 13
(5) "Cooperative purchasing" shall mean purchasing conducted by, or on behalf of, 14
more than one (1) public purchasing unit, or by a public purchasing unit with a 15
foreign purchasing activity. 16
Section 4. KRS 45A.300 is amended to read as follows: 17
(1) Any public purchasing unit may either participate in, sponsor, conduct, or 18
administer a cooperative purchasing agreement for the acquisition of any supplies, 19
services, or construction with any other public purchasing unit or foreign 20
purchasing activity, in accordance with an agreement entered into between the 21
participants. This cooperative purchasing may include, but is not limited to, joint 22
contracts between public purchasing units and access by local public purchasing 23
units to open-ended state public purchasing unit contracts. 24
(2) Nothing in this code shall limit any public purchasing unit from selling to, acquiring 25
from, or using any property belonging to another public purchasing unit or foreign 26
purchasing activity independent of the requirements of KRS 45A.070 to 45A.180. 27 UNOFFICIAL COPY 23 RS SB 241/GA
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(3) Nothing in this code shall limit or restrict any public purchasing unit from entering 1
into an agreement, independent of the requirements of KRS 45A.045(5) and KRS 2
45A.070 to 45A.165, with any other public purchasing unit or foreign purchasing 3
activity for the cooperative use of supplies or services. 4
(4) Any public purchasing unit may enter into an agreement for the joint or common 5
use of warehousing facilities or the lease or common use of capital equipment or 6
facilities with any other public purchasing unit or a foreign purchasing activity 7
subject to the terms as may be agreed upon between the parties. 8
(5) Nothing in this code shall limit or restrict the ability of local school districts to 9
acquire supplies outside of the public purchasing agreements when the supplies and 10
equipment meeting the same specifications as the contract items are available at a 11
lower price elsewhere and the purchase does not exceed two thousand five hundred 12
dollars ($2,500). 13
(6) Nothing in this code shall limit any public purchasing unit from receiving notice of 14
or accepting a price reduction on supplies or equipment when the supplies or 15
equipment are being offered by the vendor with whom a price agreement has been 16
made; the supplies or equipment are being offered in accordance with all terms and 17
conditions that are specified in the price agreement, except those relating to price; 18
and the price reduction is offered to all of the participants in the price agreement. 19
Public purchasing units may accept special price reductions under this subsection 20
even if the reduced price requires the purchase of a specified quantity of units 21
different from the quantity stated in the original price agreement. Price reductions 22
under this subsection shall not be considered to permanently alter the price of the 23
supplies or equipment under the price agreement with the Commonwealth, except 24
where the price reductions are to be made permanent under the express terms of the 25
price agreement and where the purchasing agency which solicited the price 26
agreement determines that the enforcement of those terms serves the best interest of 27 UNOFFICIAL COPY 23 RS SB 241/GA
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the Commonwealth. 1
(7) The Finance and Administration Cabinet shall not exclude the Department of 2
Fish and Wildlife Resources from, or interfere with the department's 3
participation in, any contracts available to multiple state agencies for the 4
procurement of goods or services, including but not limited to interfering with the 5
department's electronic access to the statewide accounting system in any way. 6
Section 5. KRS 45A.800 is amended to read as follows: 7
As used in KRS 45A.800 to 45A.835, 45A.195, 45A.440, and 45A.695, unless the 8
context requires otherwise: 9
(1) "Architect" means an architect licensed under KRS Chapter 323 or a landscape 10
architect licensed under KRS Chapter 323A; 11
(2) "Engineer" means an engineer licensed under KRS Chapter 322; 12
(3) "Procuring agency" means either the Finance and Administration Cabinet,[ or] the 13
Transportation Cabinet, or the Department of Fish and Wildlife Resources; 14
(4) "Project" means any undertaking requiring professional architectural, engineering, 15
or engineering-related services, except as provided in KRS 45A.100; 16
(5) "User agency" means the state agency or any public supported institution of higher 17
education, when it declines to exercise the authority granted under KRS 164A.590, 18
that will occupy or otherwise be the primary beneficiary of a completed Finance 19
and Administration Cabinet or Department of Fish and Wildlife Resources project; 20
(6) "User division" means a[the] division of the Transportation Cabinet or Department 21
of Fish and Wildlife Resources that requires the procuring of engineering or 22
engineering-related services for a project; 23
(7) "Engineering-related services" means specialized professional services performed 24
by individuals, consultants, or other organizations of recognized technical 25
competence, education, or experience that are involved in the planning, design, 26
construction, maintenance, or operation of Kentucky's transportation systems, 27 UNOFFICIAL COPY 23 RS SB 241/GA
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mitigation projects, or construction projects in accordance with applicable licensing 1
statutes; and 2
(8) "Firm" means an individual or other entity that offers professional architectural, 3
engineering, or engineering-related services. 4
Section 6. KRS 45A.810 is amended to read as follows: 5
(1) (a) One (1) or more architectural services selection committees and one (1) or 6
more engineering or engineering-related services selection committees shall 7
be created in the Finance and Administration Cabinet. 8
(b) One (1) or more engineering and engineering-related services selection 9
committees shall be created in the Transportation Cabinet. 10
(c) One (1) or more engineering and engineering-related services selection 11
committees shall be created in the Department of Fish and Wildlife 12
Resources. 13
(2) Except when an emergency condition exists as defined by KRS 45A.095(1)(a), 14
when architectural, engineering, or engineering-related services are procured under 15
KRS 45A.837 and 45A.838, or when the project is constructed under KRS 16
45A.045(11)(a) or (b): 17
(a) An architectural services selection committee created in the Finance and 18
Administration Cabinet shall participate in every instance of that cabinet's 19
procuring architectural services for its own needs and the needs of other 20
agencies, and upon request from the commissioner of the Department of 21
Fish and Wildlife Resources, shall assist and participate in that 22
department's procuring of architectural services; 23
(b) An engineering and engineering-related services selection committee created 24
in the Finance and Administration Cabinet shall participate in every instance 25
of that cabinet's procuring engineering or engineering-related services;[ and] 26
(c) An engineering and engineering-related services selection committee created 27 UNOFFICIAL COPY 23 RS SB 241/GA
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in the Transportation Cabinet shall participate in every instance of that 1
cabinet's procuring engineering or engineering-related services; and 2
(d) An engineering and engineering-related services selection committee 3
created in the Department of Fish and Wildlife Resources shall participate 4
in every instance of that department's procuring of engineering or 5
engineering-related services. 6
(3) An architectural services selection committee created in the Finance and 7
Administration Cabinet to perform its own procurement and assist other state 8
agencies with procuring architectural services shall consist of six (6) or more 9
members selected in the manner specified within each paragraph: 10
(a) Two (2) architects. The secretary of the Finance and Administration Cabinet 11
shall appoint a pool of at least six (6) architects who are employees of the 12
cabinet. At least three (3) of the architects shall be merit employees of the 13
cabinet. The secretary, or[ his] designee, under the supervision of the Auditor 14
of Public Accounts, or[ his] designee, shall randomly select architects from 15
the pool. The first employee selected shall be placed on the selection 16
committee. If the first employee selected is a merit employee, the second 17
employee selected shall be placed on the selection committee. If the first 18
employee selected is a nonmerit employee, the selection process shall 19
continue until a merit employee is selected. That merit employee shall be 20
placed on the selection committee; 21
(b) One (1) or more additional employees of the Department for Facilities 22
Management, appointed by the commissioner of the Department for Facilities 23
Management, to serve as a nonvoting technical adviser for a given project 24
selection. Advisory members shall serve on a project-by-project basis and 25
shall have the requisite knowledge, training, or experience pertaining to the 26
professional requirements of the project;[.] 27 UNOFFICIAL COPY 23 RS SB 241/GA
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(c) Two (2) merit employees of the user agency appointed by the head of that 1
agency to serve for the duration of the selection committee's participation in 2
the project for which they were appointed by the user agency; 3
(d) An individual. The Kentucky Society of Architects shall nominate nine (9) 4
individuals, and the Governor shall appoint three (3) of these individuals to 5
serve in the pool from which the secretary of the Finance and Administration 6
Cabinet, or[ his] designee, under the supervision of the Auditor of Public 7
Accounts, or[ his] designee, shall randomly select one (1) individual to serve 8
on the committee; 9
(e) One (1) or more merit employees of the Auditor of Public Accounts, 10
appointed by the Auditor, who may, at the discretion of the Auditor, serve as 11
nonvoting members of the committee. If one (1) employee is appointed, then 12
that employee may attend any committee proceedings. If more than one (1) 13
employee is appointed, then either of the employees may attend any 14
committee proceeding; and 15
(f) Upon completion of the selection process set forth in this subsection, the 16
commissioner of the Department of Facilities Management shall submit a 17
statement to the Auditor of Public Accounts attesting to full compliance with 18
the selection process for each architectural firm appointed to provide 19
architectural services. In addition, a complete record of the selection process 20
for each project shall be maintained by the department and shall be subject to 21
audit by the Auditor of Public Accounts. 22
(4) The engineering and engineering-related services selection committee created in the 23
Finance and Administration Cabinet shall consist of six (6) or more members 24
selected in the manner specified in each paragraph: 25
(a) Two (2) engineers. The secretary of the Finance and Administration Cabinet 26
shall appoint a pool of at least six (6) engineers who are employees of the 27 UNOFFICIAL COPY 23 RS SB 241/GA
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cabinet. At least three (3) of the engineers shall be merit employees of the 1
cabinet. The secretary, or[ his] designee, under the supervision of the Auditor 2
of Public Accounts, or[ his] designee, shall randomly select engineers from 3
the pool. The first employee selected shall be placed on the selection 4
committee. If the first employee selected is a merit employee, the second 5
employee selected shall be placed on the selection committee. If the first 6
employee selected is a nonmerit employee, the selection process shall 7
continue until a merit employee is selected. That merit employee shall be 8
placed on the selection committee; 9
(b) Two (2) merit employees of the user agency appointed by the head of that 10
agency to serve for the duration of the selection committee's participation in 11
the project for which they were appointed by the user agency; 12
(c) An individual. The Kentucky Society of Professional Engineers and the 13
Kentucky Consulting Engineers Council shall together nominate nine (9) 14
individuals, and the Governor shall appoint three (3) of these individuals to 15
serve in the pool from which the secretary of the Finance and Administration 16
Cabinet, or[ his] designee, under the supervision of the Auditor of Public 17
Accounts, or[ his] designee, shall randomly select one (1) individual to serve 18
on the committee; 19
(d) One (1) or more merit employees of the Auditor of Public Accounts, 20
appointed by the Auditor, who may, at the discretion of the Auditor, serve as 21
nonvoting members of the committee. If one (1) employee is appointed, then 22
that employee may attend any committee proceedings. If more than one (1) 23
employee is appointed, then either of the employees may attend any 24
committee proceeding; 25
(e) One (1) or more additional employees of the Department for Facilities 26
Management to serve as nonvoting technical adviser for a specific project 27 UNOFFICIAL COPY 23 RS SB 241/GA
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selection. Advisory members shall serve on a project-by-project basis and 1
shall have the requisite knowledge, training, or experience pertaining to the 2
professional requirements of the project; and 3
(f) Upon completion of the selection process set forth in this subsection, the 4
commissioner of the Department of Facilities Management shall submit a 5
statement to the Auditor of Public Accounts attesting to full compliance with 6
the selection process for each firm appointed to provide engineering or 7
engineering-related services. In addition, a complete record of the selection 8
process for each project shall be maintained by the department and shall be 9
subject to audit by the Auditor of Public Accounts. 10
(5) The engineering and engineering-related services selection committee created in the 11
Transportation Cabinet shall consist of six (6) or more members selected in the 12
manner specified in each paragraph: 13
(a) Two (2) engineers. The secretary of the Transportation Cabinet shall appoint a 14
pool of six (6) engineers who are employees of the cabinet. At least three (3) 15
of the engineers shall be merit employees of the cabinet. The secretary, or[ 16
his] designee, under the supervision of the Auditor of Public Accounts, or[ 17
his] designee, shall randomly select engineers from the pool. The first 18
employee selected shall be placed on the selection committee. If the first 19
employee selected is a merit employee, the second employee selected shall be 20
placed on the selection committee. If the first employee selected is a nonmerit 21
employee, the selection process shall continue until a merit employee is 22
selected. That merit employee shall be placed on the selection committee; 23
(b) Two (2) engineers who are merit employees of the user division appointed by 24
the head of that division to serve for the duration of the selection committee's 25
participation in the project for which they were appointed by the user agency. 26
However, if two (2) user divisions have approximately equal responsibilities 27 UNOFFICIAL COPY 23 RS SB 241/GA
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or separate responsibilities for the project, each user division head shall 1
appoint one (1) member to the selection committee; 2
(c) An individual. The Kentucky Society of Professional Engineers and the 3
Kentucky Consulting Engineers Council shall together nominate nine (9) 4
individuals, and the Governor shall appoint three (3) of these individuals to 5
serve in the pool from which the secretary of the Transportation Cabinet, or[ 6
his] designee, under the supervision of the Auditor of Public Accounts, or[ 7
his] designee, shall randomly select one (1) individual to serve on the 8
committee; 9
(d) One (1) or more merit employees of the Auditor of Public Accounts, 10
appointed by the Auditor, who may, at the discretion of the Auditor, serve as 11
nonvoting members of the committee. If one (1) employee is appointed, then 12
that employee may attend any committee proceedings. If more than one (1) 13
employee is appointed, then either of the employees may attend any 14
committee proceeding; and 15
(e) Upon completion of the selection process set forth in this subsection, the 16
commissioner of the Department of Highways shall submit a statement to the 17
Auditor of Public Accounts attesting to full compliance with the selection 18
process for each firm appointed to provide engineering or engineering-related 19
services. In addition, a complete record of the selection process for each 20
project shall be maintained by the department and shall be subject to audit by 21
the Auditor of Public Accounts. 22
(6) The engineering and engineering-related services selection committee created 23
within the Department of Fish and Wildlife Resources shall consist of six (6) or 24
more members selected as follows: 25
(a) The commissioner of the Department of Fish and Wildlife Resources shall 26
appoint five (5) members: 27 UNOFFICIAL COPY 23 RS SB 241/GA
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1. One (1) department employee in or designated to the job classification 1
of Department of Fish and Wildlife Resources Project Manager; 2
2. Two (2) Department of Fish and Wildlife Resources employees in the 3
Engineering and Geological series, at least one (1) of whom shall be a 4
merit employee; 5
3. One (1) merit employee of the Department of Fish and Wildlife 6
Resources designated by the division head for the project or by the 7
commissioner; and 8
4. One (1) employee of the Department of Fish and Wildlife Resources 9
who is an attorney; 10
(b) The Kentucky Society of Professional Engineers and the Kentucky 11
Consulting Engineers Council shall together nominate nine (9) individuals, 12
and the Governor shall select three (3) of these individuals to serve in a pool 13
from which the commissioner of the Department of Fish and Wildlife 14
Resources, or designee, under the supervision of the Auditor of Public 15
Accounts, or designee, shall randomly select one (1) individual to serve on 16
the committee; 17
(c) One (1) or more merit employees of the Auditor of Public Accounts, 18
appointed by the Auditor, who may, at the discretion of the Auditor, serve as 19
nonvoting members of the committee. If one (1) employee is appointed, then 20
that employee may attend any committee proceedings. If more than one (1) 21
employee is appointed, then either of the employees may attend any 22
committee proceeding; and 23
(d) Upon completion of the selection process set forth in this subsection, the 24
commissioner of the Department of Fish and Wildlife Resources shall 25
submit a statement to the Auditor of Public Accounts attesting to full 26
compliance with the selection process for each firm appointed to provide 27 UNOFFICIAL COPY 23 RS SB 241/GA
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engineering or engineering-related services. A complete record of the 1
selection process for each project shall be maintained by the Department of 2
Fish and Wildlife Resources and shall be subject to audit by the Auditor of 3
Public Accounts. 4
(7)[(6)] (a) All selection committee members shall have experience which qualifies 5
them to serve on the committee. 6
(b) The same appointment procedures set out in this section apply to any user 7
agency or user division listed in subsection (3), (4),[ or] (5), or (6) of this 8
section that does not operate under a merit system. 9
(c) Any individual appointed to serve in a pool from which selection committee 10
members are drawn shall serve in the pool for an initial one (1) year term and 11
may be reappointed[ to succeed himself]. He or she shall serve until his or 12
her successor is appointed and qualified. A successor or a replacement, in the 13
case of a vacancy in the pool, shall be appointed in the same manner as the 14
initial appointee. If a selection committee member, drawn from a pool, leaves 15
a selection committee, his or her replacement shall be drawn from the pool in 16
the same manner as he or she. The replacement shall have the merit or 17
nonmerit status of his or her predecessor. 18
(d) Any individual appointed by the Auditor of Public Accounts to serve on 19
selection committees shall serve an initial one (1) year term and may be 20
reappointed to succeed himself or herself. He or she shall serve until his or 21
her successor is appointed and qualified. A successor or a replacement, in the 22
case of a vacancy, shall be appointed in the same manner as the initial 23
appointee. 24
(e) The selection committee members appointed by the head of a user agency or 25
user division shall serve on a project-by-project basis. These members shall 26
participate only in committee action related to the project for which they were 27 UNOFFICIAL COPY 23 RS SB 241/GA
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appointed. A replacement, in the case of a vacancy, shall be appointed in the 1
same manner as the initial appointee. 2
Section 7. KRS 45A.815 is amended to read as follows: 3
(1) Before a person joins a selection committee, he or she shall receive an orientation 4
from the procuring agency whose secretary or commissioner appointed members to 5
the committee. The orientation shall include, but not be limited to, an explanation of 6
all statutes and administrative regulations pertaining to the person's service on the 7
selection committee. 8
(2) For administrative purposes, a selection committee shall be attached to the 9
procuring agency whose secretary or commissioner appointed members to the 10
committee. 11
(3) A procuring agency shall provide a selection committee with: 12
(a) Suitable quarters in Frankfort, Kentucky, in which to conduct its business; 13
(b) An executive secretary and any other staff support necessary for the 14
expeditious conduct of a selection committee's duties and responsibilities; and 15
(c) Office supplies. 16
Section 8. KRS 45A.825 is amended to read as follows: 17
(1) (a) A firm shall not be considered for providing architectural, engineering, or 18
engineering-related services to the Finance and Administration Cabinet, the 19
Department of Fish and Wildlife Resources, or[ engineering or engineering-20
related services to the] Transportation Cabinet, unless the relevant procuring 21
agency has prequalified the firm prior to notice of a request for proposals to 22
which that firm intends to respond. 23
(b) A firm's prequalification shall remain in effect for twelve (12) months from 24
the date of prequalification. 25
(2) (a) The procuring agency shall consult with the user agency or user division 26
before arriving at a request for proposals. 27 UNOFFICIAL COPY 23 RS SB 241/GA
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(b) The request for proposals: 1
1. Shall include as an evaluation factor whether the work tasks are to be 2
performed in Kentucky or outside Kentucky; 3
2. Shall indicate the relative weight of evaluation factors, including the 4
reciprocal preference for resident bidders required by KRS 45A.494; 5
and 6
3. Shall establish a timetable for: 7
a. The selection committee's first meeting held pursuant to 8
subsection (6) of this section; and 9
b. The selection committee's activities conducted pursuant to 10
subsection (7)(b) of this section or subsection (8)(b), (d), and (e) of 11
this section, as appropriate. 12
(c) The procuring agency shall provide adequate public notice of a request for 13
proposals and notice of the materials that the procuring agency will provide to 14
a firm to assist that firm in responding to a request for proposals. Those 15
materials shall include, but not be limited to, the request for proposals and the 16
project evaluation sheet to be used by the relevant selection committee. The 17
notice shall also set a deadline for filing responses to a request for proposals 18
with the procuring agency. It shall be the intent of this subsection that firms in 19
all regions of the Commonwealth are given an equal opportunity to be 20
selected. 21
(3) A firm shall respond to a request for proposals by submitting before the deadline, a 22
completed form, devised by the procuring agency, which states the firm's 23
experience and its qualifications for the project as described in the request for 24
proposals. A firm which fails to meet the deadline shall be barred from the 25
procurement process. 26
(4) The employees of a procuring agency and the members of the selection committee 27 UNOFFICIAL COPY 23 RS SB 241/GA
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shall keep all responses to a request for proposals confidential until the procuring 1
agency has awarded a contract. 2
(5) The secretary or commissioner of the procuring agency shall designate a procuring 3
agency employee to determine which firms have prequalified pursuant to subsection 4
(1) of this section and have filed, in a timely fashion, responses to a request for 5
proposals. He or she shall create a list of the firms which have done so and certify 6
the list. 7
(6) The procuring agency shall organize the selection committee's first meeting. At that 8
meeting, each selection committee member shall sign a statement of confidentiality. 9
Also, at that meeting, the selection committee shall: 10
(a) Elect from among the voting members of the committee a chairman and a vice 11
chairman who shall hold their positions for the duration of the selection 12
committee's participation in the project; 13
(b) Be provided with: 14
1. The certified list created pursuant to subsection (5) of this section; 15
2. The firms' responses to the request for proposals; 16
3. The request for proposals; 17
4. The notice of request for proposals; and 18
5. The project evaluation sheets; and 19
(c) Discuss the future conduct of its affairs. 20
(7) (a) When the Transportation Cabinet or Department of Fish and Wildlife 21
Resources procures any engineering or engineering-related services, or when 22
the Finance and Administration Cabinet procures architectural services for an 23
estimated fee of less than fifty thousand dollars ($50,000) or engineering or 24
engineering-related services for an estimated fee of less than one hundred 25
thousand dollars ($100,000), this subsection and subsection (9) of this section 26
shall govern the procurement process. 27 UNOFFICIAL COPY 23 RS SB 241/GA
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(b) The selection committee shall meet in executive session to: 1
1. Evaluate the materials with which it has been provided; 2
2. Select the three (3) most qualified firms and rank them in order of 3
preference, based upon the weighted evaluation factors established in 4
the request for proposals; and 5
3. Notify the procuring agency of the ranking. 6
(c) The procuring agency shall notify each firm which responded to the request 7
for proposals, informing the firm of: 8
1. The three (3) finalists; 9
2. Their ranking; and 10
3. The rest of the procedure that will be followed in the awarding of the 11
contract. 12
(d) The procuring agency shall then begin negotiations with the top-ranked firm 13
pursuant to subsection (9) of this section. 14
(8) (a) When the Finance and Administration Cabinet is procuring architectural 15
services for an estimated fee of fifty thousand dollars ($50,000) or more or 16
engineering or engineering-related services for an estimated fee of one 17
hundred thousand dollars ($100,000) or more, this subsection and subsection 18
(9) of this section shall govern the procurement process. 19
(b) The selection committee shall meet in executive session to: 20
1. Evaluate the materials with which it has been provided; 21
2. Select, but not rank, the three (3) most qualified firms, based upon the 22
weighted evaluation factors established in the request for proposals; and 23
3. Notify the procuring agency of the three (3) finalists. 24
(c) The procuring agency shall notify each firm which responded to the request 25
for proposals, informing the firm of: 26
1. The three (3) finalists; and 27 UNOFFICIAL COPY 23 RS SB 241/GA
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2. The rest of the procedure that will be followed in the awarding of the 1
contract. 2
(d) The selection committee shall interview the three (3) finalists, preferably on 3
the same day. The finalists shall be interviewed one (1) at a time, and each 4
interview shall be attended only by representatives of the finalist and 5
members of the selection committee. Members of the selection committee 6
shall keep confidential the substance of an interview until the procuring 7
agency has awarded a contract. 8
(e) The selection committee shall meet in executive session to: 9
1. Rank the three (3) finalists based upon the weighted evaluation factors 10
established in the request for proposals; and 11
2. Forward the ranking to the procuring agency. 12
(f) The procuring agency shall notify each finalist, informing the finalist of: 13
1. The finalist's[His] ranking; and 14
2. The rest of the procedure that will be followed in the awarding of the 15
contract. 16
(g) The procuring agency shall then begin negotiations with the top-ranked firm 17
pursuant to subsection (9) of this section. 18
(9) The secretary or commissioner of the procuring agency shall designate a procuring 19
agency employee as the procuring officer in charge of negotiating a contract with 20
the top-ranked firm, as determined by the selection committee, at compensation 21
which the procuring officer determines in writing to be fair and reasonable to the 22
Commonwealth. In making this decision, the employee shall take into account the 23
estimated value of the services to be rendered, and the scope, complexity, and 24
professional nature thereof. Should the procuring officer be unable to negotiate a 25
satisfactory contract with the top-ranked firm, at a price that he or she considers fair 26
and reasonable to the Commonwealth, he or she shall formally terminate 27 UNOFFICIAL COPY 23 RS SB 241/GA
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negotiations with the firm. The procuring officer shall then undertake negotiations 1
with the second-ranked firm. Failing accord with the second-ranked firm, the 2
purchasing officer shall formally terminate negotiations. The purchasing officer 3
shall then undertake negotiations with the third-ranked firm. Should the purchasing 4
officer be unable to negotiate a satisfactory contract with any of the selected firms, 5
he or she shall formally terminate negotiations, and the procurement procedure 6
shall start again from the beginning pursuant to KRS 45A.810. 7
(10) Once a procuring officer has negotiated a contract, the procuring agency shall 8
notify the other finalists, informing them of: 9
(a) Which firm has successfully negotiated a contract; and 10
(b) The rest of the procedure that will be followed in the awarding of the contract. 11
(11) Notwithstanding the provisions of KRS 45A.045, when the Transportation Cabinet 12
or the Department of Fish and Wildlife Resources is the procuring agency, the 13
negotiated contract shall take effect without the approval of the secretary of the 14
Finance and Administration Cabinet. 15
(12) The provisions of this section shall not apply to the procurement of architectural, 16
engineering, or engineering-related services under KRS 45A.837 and 45A.838. 17
Section 9. KRS 45A.830 is amended to read as follows: 18
(1) For architectural, engineering, and engineering-related construction services 19
procured under KRS 45A.180 and 45A.825, the procuring officer shall make 20
available a copy of the proposed contract to each member of the selection 21
committee involved in the procurement process for that contract after the procuring 22
officer has negotiated an architectural, engineering, or engineering-related services 23
contract for the Finance and Administration Cabinet or the Department of Fish and 24
Wildlife Resources, or an engineering or engineering-related services contract for 25
the Transportation Cabinet, but before the contract is submitted to the Government 26
Contract Review Committee. 27 UNOFFICIAL COPY 23 RS SB 241/GA
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(2) For architectural, engineering, and engineering-related construction services 1
procured under KRS 45A.180 and 45A.825, the secretary or commissioner of the 2
procuring agency, the procuring officer, and each voting member of the selection 3
committee shall sign separate certificates, devised by the procuring agency, that 4
shall provide the signatory with the option of certifying that, to the best of his or 5
her knowledge, he or she is either aware or unaware of circumstances that may 6
constitute a violation of this chapter occurring in the procurement process. Any 7
employee of the Auditor of Public Accounts, who served as a nonvoting member of 8
the selection committee and who attended any committee proceeding, may 9
participate in the preparation of a report for filing with the Government Contract 10
Review Committee certifying that the applicable procedural provisions of 11
subsections (4), (6), (7), and (8) of KRS 45A.825 were or were not met. Before 12
filing the report, the employee or employees who participated in its preparation 13
shall sign it. 14
(3) For architectural, engineering, and engineering-related construction services 15
procured under KRS 45A.180 and 45A.825, the procuring agency shall maintain the 16
following information, readily available to the Government Contract Review 17
Committee upon request: 18
(a) The certificates; 19
(b) The selection committee's ranking of firms; and 20
(c) A statement affirming that responding firms in all regions of the 21
Commonwealth were given equal consideration for selection. 22
Section 10. KRS 45A.837 is amended to read as follows: 23
(1) Notwithstanding the provisions of KRS 45A.800 to 45A.835, the Finance and 24
Administration Cabinet, the Department of Fish and Wildlife Resources, and the 25
Transportation Cabinet may enter into price contracts for architectural, engineering, 26
and engineering-related services. If the agencies choose to enter into a price 27 UNOFFICIAL COPY 23 RS SB 241/GA
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contract, subsection (2) of this section shall apply. 1
(2) Price contracts shall be awarded to firms qualified by the Finance and 2
Administration Cabinet, Department of Facilities Management or by the 3
Transportation Cabinet, Department of Highways. The Finance and Administration 4
Cabinet selection committee established by KRS 45A.810 shall meet at least 5
quarterly during each fiscal year to review and make recommendations to the 6
commissioner of the Department for Facilities Management for qualification of 7
interested firms. The Transportation Cabinet selection committee established by 8
KRS 45A.810 shall meet at least quarterly during each fiscal year to review and 9
make recommendations to the commissioner of the Department of Highways for 10
qualification of interested firms. 11
(a) The respective committees shall evaluate those firms submitting statements of 12
interest in obtaining a price contract. The submitting firms shall be reviewed 13
according to the following criteria: 14
1. Qualifications; 15
2. Ability of professional personnel; and 16
3. Past record and experience. 17
(b) Firms qualified by the commissioner of the Department for Facilities 18
Management or by the commissioner of the Department of Highways shall be 19
awarded price contracts by the respective departments for the type of work for 20
which they have been qualified. 21
(c) The commissioner of the Department for Facilities Management, the 22
commissioner of the Department of Fish and Wildlife Resources, or the 23
commissioner of the Department of Highways may select firms to perform 24
work under price contract for small projects for which the architectural, 25
engineering, or engineering-related fees do not exceed seventy-five thousand 26
dollars ($75,000). However, no firm that has received more than one hundred 27 UNOFFICIAL COPY 23 RS SB 241/GA
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fifty thousand dollars ($150,000) in price contract fees in any one (1) fiscal 1
year in the contract discipline being awarded shall be selected to work under a 2
price contract unless the secretary of the Finance and Administration 3
Cabinet,[ or] the secretary of the Transportation Cabinet, or the 4
commissioner of the Department of Fish and Wildlife Resources makes a 5
written determination that the selection is in the best interest of the 6
Commonwealth and the determination is confirmed by the appropriate 7
cabinet's or department's selection committee established by KRS 45A.810. 8
(3) Notwithstanding any provision of the Kentucky Revised Statutes, no price contract 9
shall be awarded under the provisions of this section before completion of the 10
review procedure provided for in KRS 45A.695 and 45A.705. 11
Section 11. KRS 45A.838 is amended to read as follows: 12
(1) If choosing to operate under this section, the Transportation Cabinet and the 13
Department of Fish and Wildlife Resources shall, by administrative regulations 14
promulgated under KRS Chapter 13A, designate each type of project for which a 15
pool of firms is to be established and from which the firm to provide the needed 16
architectural, engineering, or engineering-related contract services is to be selected. 17
The project types designated by these administrative regulations shall be limited to 18
those projects for which the professional services to be rendered for each individual 19
contract are substantially similar and to those project types for which architectural, 20
engineering, or engineering-related fees are expected to be at least fifty thousand 21
dollars ($50,000). 22
(2) The Transportation Cabinet and the Department of Fish and Wildlife Resources 23
selection committees[committee] established under KRS 45A.810 shall annually 24
select the engineering or engineering-related services firms for each pool in 25
accordance with the standards for application and selection established by 26
administrative regulation under subsection (4) of this section. 27 UNOFFICIAL COPY 23 RS SB 241/GA
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(3) Once selected for a particular pool, a firm providing architectural, engineering, or 1
engineering-related services shall remain in the pool for two (2) years unless 2
disqualified under subsection (6) of this section. Upon the expiration of the two (2) 3
year period, a firm may reapply for selection. 4
(4) The procedures and criteria for qualifying and selecting the firms to be placed in 5
each annual pool shall be set forth in administrative regulations promulgated by the 6
Transportation Cabinet or the Department of Fish and Wildlife Resources. The 7
administrative regulations shall provide for adequate notice to firms of the 8
establishment of the individual pools, an application procedure for a firm interested 9
in the pool for a particular type of project, the deadline for submission of the 10
application, and the criteria to be used for the establishment of each pool. 11
(5) The procedures for determining which firm is to be selected from the pool to 12
provide services for a particular project shall be set forth in administrative 13
regulations promulgated by the Transportation Cabinet or the Department of Fish 14
and Wildlife Resources. 15
(6) The secretary of the Transportation Cabinet or the commissioner of the 16
Department of Fish and Wildlife Resources may remove a firm from a pool for 17
good cause. Any firm that has been removed from a pool may, within thirty (30) 18
days after the removal, petition the secretary for reinstatement. Within sixty (60) 19
days following the secretary's receipt of a petition, the selection committee shall 20
meet to consider the request for reinstatement. If the selection committee 21
recommends that the firm be reinstated to the pool and the secretary accepts the 22
recommendation, the affected firm shall be reinstated. 23
(7) After one (1) year of disqualification, a firm that has been removed from a pool 24
under subsection (6) of this section may reapply to be qualified. 25
(8) Nothing in this section shall be construed to require use of any pool for a particular 26
project if the responsible cabinet or department has determined that the project 27 UNOFFICIAL COPY 23 RS SB 241/GA
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does not meet the criteria established for pool projects. 1
Section 12. KRS 56.040 is amended to read as follows: 2
When any land or interest in land is to be paid for out of state funds, the Finance and 3
Administration Cabinet, the [(]Transportation Cabinet for requirements of that cabinet, or 4
the Department of Fish and Wildlife Resources for its acquisitions of land or interests 5
in land,[)] shall take action to provide for the examination and certification of the title to 6
the affected land, with or without exceptions, by an attorney licensed to practice law in 7
this state, or for the insurance of the title to such land by a land title insurance company 8
authorized to do business in this state. A survey and plat of the land showing the corners, 9
angles, and calls of the land shall be made by a competent land surveyor prior to the date 10
of the deed conveying the land or any interest therein to the state. The costs incurred 11
under this section shall be charged against the funds of the agency for whose use and 12
benefit the land is acquired. 13
Section 13. KRS 150.022 is amended to read as follows: 14
(1) The Department of Fish and Wildlife Resources Commission shall consist of nine 15
(9) members, one (1) from each commission district, as set out by the commissioner 16
with the approval of the commission, and not more than five (5) of the same 17
political party. 18
(2) The Governor shall appoint the members of the commission subject to confirmation 19
by the Senate as described in subsection (3) of this section. Each of the members 20
shall be appointed for a term ending on December 31 of the fourth calendar year 21
following his or her appointment, except that a member's term shall continue until 22
his or her successor is duly appointed and confirmed by the Senate, but no later than 23
one (1) year following the expiration of the member's term. If after one (1) year a 24
successor has not been duly appointed and confirmed by the Senate, the 25
commissioner's seat for that district shall be vacant until a successor is duly 26
appointed and confirmed by the Senate. A member shall serve no more than two (2) 27 UNOFFICIAL COPY 23 RS SB 241/GA
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full terms, not including any partial term that a member may additionally serve. A 1
person who has been convicted of a felony offense, in Kentucky or under the law of 2
any other state, or any other law of the United States shall not be eligible to serve 3
on the commission. 4
(3) (a) Vacancies through the expiration of terms of the members of the commission 5
shall be filled by appointment by the Governor from a list of five (5) names 6
from each commission district, recommended and submitted by the sportsmen 7
of each respective district. 8
(b) When the term of a member expires, the commissioner shall call a meeting of 9
the sportsmen in that district not later than thirty (30) days prior to the 10
expiration of the member's term. Notice of the meeting shall be given by 11
publication pursuant to KRS Chapter 424. 12
(c) At the meeting, the sportsmen in attendance shall select and submit to the 13
Governor a list of five (5) residents and citizens of the district who have held 14
hunting and fishing licenses in Kentucky or another state for at least the 15
previous five (5) consecutive years, or who have been hunting and fishing in 16
the Commonwealth for the previous five (5) consecutive years while license-17
exempt under KRS 150.170, and who are well informed on the subject of 18
wildlife conservation and restoration. Each sportsman may vote for one (1) 19
candidate only, and the list submitted to the Governor shall be made up of the 20
names of the five (5) candidates receiving the five (5) highest vote totals. 21
(d) The Governor shall appoint a successor to the member whose term has 22
expired no later than January 20 of the year following the year in which the 23
member's term expired. 24
(4) Upon appointment to the Department of Fish and Wildlife Resources Commission, 25
each commissioner shall execute a bond of one thousand dollars ($1,000) in favor 26
of the Department of Fish and Wildlife Resources, the premium on this bond to be 27 UNOFFICIAL COPY 23 RS SB 241/GA
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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. An appointee 4
chosen under this subsection shall not serve on the commission until duly 5
confirmed by the Senate. 6
(6) Each member of the commission shall take the constitutional oath of office. 7
(7) The Governor shall remove any member of the commission for cause under 8
subsection (2) of this section and may remove a member of the commission for 9
nonfeasance, neglect of duty, or misconduct in office; but shall first deliver to the 10
member a copy of all charges in writing and afford to him or her an opportunity for 11
an administrative hearing to be conducted in accordance with KRS Chapter 13B.[ 12
In order to remove a member of the commission, the Governor shall file in the 13
office of the Secretary of State a complete statement of all charges made against the 14
member and his or her findings thereon, together with a complete record of the 15
proceedings.] 16
(8) Each member of the commission shall be entitled to reimbursement for actual and 17
necessary traveling and other expenses incurred by him or her in the discharge of 18
his or her official duties and to be paid from the game and fish fund. 19
(9) A majority of the commission shall constitute a quorum for the transaction of any 20
business, for the performance of any duty or for the exercise of any power vested in 21
the commission. 22
(10) The department shall have its principal office in Franklin County, and is authorized 23
to purchase all supplies, equipment, and printed forms and to issue any notices and 24
publications as the commissioner may deem necessary to carry out the provisions of 25
this chapter. 26
(11) The word "sportsman" as used in this section shall mean a resident hunter or 27 UNOFFICIAL COPY 23 RS SB 241/GA
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fisherman who has been licensed in Kentucky for each of the past two (2) 1
consecutive years. 2
Section 14. KRS 150.0242 is amended to read as follows: 3
(1) Notwithstanding any provision of law to the contrary, the department shall conduct 4
all procurements necessary for the performance of its duties in accordance with the 5
procurement procedures outlined in KRS Chapter 45A,[ and] this chapter, and the 6
administrative regulations promulgated under this chapter, but the department 7
shall not be subject to any provision of KRS Chapter 45A that requires the 8
approval of any Finance and Administration Cabinet official for the department 9
to proceed with any aspect of the procurement process. Upon approval of the 10
commission, the commissioner shall be deemed the chief purchasing officer for the 11
purposes of conducting procurements for the department and shall have all of the 12
authority and responsibility with regard to the department's procurements as the 13
secretary for the Finance and Administration Cabinet has for procurements under 14
KRS Chapter 45A. All department personal service contracts, tax incentive 15
agreements, and memoranda of agreement shall be subject to review by the 16
Government Contract Review Committee established by KRS 45A.705. 17
(2) In its bidding and negotiation processes, the department, upon approval of the 18
commission, shall perform its own bidding and procurement in accordance with the 19
procedures established by KRS Chapter 45A. 20
(3) All members of the commission, the commissioner, and employees of the 21
department shall be subject to the requirements of the Executive Branch Code of 22
Ethics established under KRS Chapter 11A. 23
(4) On or before January 1, 2024, the department shall promulgate administrative 24
regulations pursuant to KRS Chapter 13A to implement its procedures for the 25
procurement of engineering services pursuant to this chapter and KRS 45A.800 26
to 45A.835. 27 UNOFFICIAL COPY 23 RS SB 241/GA
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Section 15. KRS 150.120 is amended to read as follows: 1
(1) The commissioner, all conservation officers, persons appointed by the 2
commissioner, and all peace officers and their deputies shall seize and take 3
possession of any and all furs, wildlife, guns, dogs, instruments, boats or devices 4
which have been taken, used, transported or possessed contrary to any law or 5
regulation adopted under this chapter. Upon complaint showing probable cause for 6
believing that any of the wildlife protected by any law or regulation are illegally 7
kept in any building, car or receptacle, any court having jurisdiction may issue a 8
search warrant and cause the same to be searched. Any wildlife, furs, guns, dogs, 9
instruments, or devices seized in accordance with this section shall be impounded 10
by the arresting officer and shall be taken before the court trying the person 11
arrested. 12
(2) Upon conviction, the court trying the case shall have the discretion of determining 13
whether or not any of the things seized under the provisions of subsection (1) of this 14
section shall be declared contraband. Any wildlife, fur or dog taken, and any device 15
used or possessed contrary to the provisions of this chapter, or any regulations 16
adopted hereunder, is subject to being declared contraband. When any such item is 17
declared contraband, the court shall enter an order accordingly. A copy of the order 18
shall be forwarded to the commissioner and the contraband shall be placed in the 19
custody of the arresting officer, to be delivered to the commissioner. 20
(3) The commissioner may sell to the residents of this state, at the highest market price 21
obtainable, with the approval of the commission[Governor and the Finance and 22
Administration Cabinet] all contraband which comes to his or her possession under 23
the order of any court, or which has been seized under this chapter and declared to 24
be contraband under any law relating to fish or wildlife. All proceeds arising from 25
the sale of contraband articles shall be paid into the game and fish fund, and shall 26
be subject to audit by the Auditor of Public Accounts under Section 16 of this Act. 27 UNOFFICIAL COPY 23 RS SB 241/GA
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A record of the sale, including the name of the purchaser and the price paid, shall be 1
kept by the commissioner. 2
(4) Any device or contrivance, the use of which is not expressly recognized and 3
sanctioned by the provisions of this chapter for the taking of wildlife, is hereby 4
declared to be an illegal device. No person shall have in his or her possession any 5
illegal device or other thing prohibited by law or by any regulation adopted under 6
this chapter for the taking of wildlife. 7
Section 16. KRS 150.152 is amended to read as follows: 8
Each year when the Auditor of Public Accounts conducts the statewide single audit of the 9
Commonwealth of Kentucky, the Auditor of Public Accounts shall with respect to the 10
Department of Fish and Wildlife Resources: 11
(1) Examine the separate revenue streams of each account within the game and fish 12
fund to ensure compliance with the prohibition against commingling of funds; 13
(2) Disaggregate and report the revenue and expenditures, by type, within the program 14
income fund of the fish and game fund; 15
(3) Identify internal controls, weaknesses, operating inefficiencies, and make 16
recommendations for improvements; 17
(4) Examine[ all department procurement procedures and] procurements, expenditures, 18
and procurement policies[ made by the department since the previous annual 19
statewide audit] to ensure compliance with the procurement procedure 20
requirements of KRS Chapter 45A and 150.0242; and 21
(5) Submit a written report to the Interim Joint Committee on Natural Resources and 22
Energy in conjunction with the release of the statewide single audit of the 23
Commonwealth of Kentucky. 24
Section 17. KRS 150.170 is amended to read as follows: 25
(1) Except as provided in the following subsections of this section, and subject to 26
administrative regulations promulgated under this chapter, no person, resident, or 27 UNOFFICIAL COPY 23 RS SB 241/GA
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nonresident shall do any act authorized by any kind of license or permit or assist in 1
any way any person in doing any act provided for in this chapter with respect to 2
wildlife unless he or she holds the kind of license or permit, resident or nonresident, 3
that authorizes the act. It shall be the specific purpose of this chapter to prohibit the 4
taking or pursuing of any wildlife, protected or unprotected, or the fishing in any 5
stream or body of water whether public or private, without first procuring the 6
license provided for in KRS 150.175, except to the extent as may be otherwise 7
provided in this section. 8
(2) A person under sixteen (16) years of age may, without a sport fishing license, take 9
fish by angling, or take minnows by the use of a minnow seine, minnow trap, or dip 10
net. 11
(3) A person under twelve (12) years of age shall be exempt from being required to 12
obtain a sport hunting or sport trapping license as required by this chapter. 13
(4) The resident owner of farmlands of five (5) or more acres or his or her spouse or 14
dependent children shall, without procuring any sport hunting or sport fishing 15
licenses, have the right to take fish or hunt during the open season, except trapping, 16
on[ the] farmlands of five (5) or more acres of which they are bona fide owners. 17
Tenants or their dependent children residing upon these farmlands shall have the 18
same privilege. 19
(5) Residents or nonresidents observing and participating in field trials, training 20
exercises, or other competitions as authorized by the department may observe and 21
participate without obtaining a hunting or guide's license so long as game is not 22
taken. 23
(6) Any resident serviceman on furlough of more than three (3) days in this state may, 24
without any Kentucky sport hunting or sport fishing licenses, do any act authorized 25
by the licenses, but while so doing he or she shall carry on his or her person proper 26
identification and papers showing his or her furlough status. 27 UNOFFICIAL COPY 23 RS SB 241/GA
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(7) Landowners, their spouses or dependent children, or their designee who must be 1
approved by the commissioner, who kill or trap on their lands any wildlife causing 2
damage to the lands or any personal property situated thereon shall not be required 3
to have a hunting or trapping license and may do so during periods other than the 4
open season for the particular species without a tag and dispose of the carcass on-5
site. Tenants, their spouses, their dependent children, or other persons approved by 6
the commissioner, shall also have the same privilege. Upon destruction of any 7
wildlife by the above-specified individuals, the act shall be reported to a 8
conservation officer within twenty-four (24) hours of the kill. Individuals wishing 9
to transport the carcass from the property upon which it was killed shall contact 10
personnel of the department to request a disposal tag or other authorization. 11
Inedible parts from wildlife taken under the authorization of this section shall not be 12
utilized for any purpose and shall be destroyed or left afield. The department shall 13
promulgate administrative regulations establishing procedures for the designee 14
appointment process, including request and approval deadlines. 15
(8) If a reciprocal agreement is entered into by the commissioner, with the approval of 16
the commission, and promulgated as an administrative regulation by the department 17
and similar action is taken by the appropriate authority in Missouri, Tennessee, 18
Virginia, West Virginia, Indiana, Ohio, or Illinois, persons holding a resident or 19
nonresident fishing or a resident or nonresident hunting license issued in these 20
states shall be permitted to perform the acts authorized by the license upon certain 21
contiguous waters and land areas adjacent to the common boundaries of the above-22
mentioned states and the State of Kentucky. A resident of the State of Kentucky 23
shall purchase a proper Kentucky license to conform with the reciprocal agreement. 24
(9) Any member of the Kentucky Army or Air National Guard, active duty or Reserve 25
Component, in any branch in the United States Armed Forces that is based in the 26
Commonwealth of Kentucky, shall have the right to take fish or hunt on any 27 UNOFFICIAL COPY 23 RS SB 241/GA
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military property belonging to the Commonwealth without procuring any sport 1
hunting or sport fishing license. 2
(10) A person not otherwise exempted from hunter safety education or from procuring 3
any sport hunting or sport fishing license shall be exempt from the department-4
sanctioned live-fire exercise component of the hunter education course requirement 5
if he or she: 6
(a) Is a current member of the Armed Forces of the United States; 7
(b) Has served in the Armed Forces of the United States and was discharged or 8
released therefrom under conditions other than dishonorable; or 9
(c) Is a peace officer certified pursuant to KRS 15.380 to 15.404. 10
Section 18. KRS 150.175 is amended to read as follows: 11
The kinds of licenses and tags authorized by this chapter, and the acts authorized to be 12
performed under the licenses and tags, subject to the other provisions of this chapter and 13
subject to administrative regulations promulgated under this chapter, shall be as follows: 14
(1) Statewide resident sport fishing license, which authorizes the holder to take fishes 15
by angling, or take crayfish by a minnow seine, or by hand, to take minnows by the 16
use of a minnow seine, minnow trap, or dip net, or to take fishes by grabbing, 17
gigging, snagging, snaring, jugging, and bow and arrow, and to take frogs and 18
turtles from any waters in any county of this state open for such purposes and 19
subject to the limitations in this chapter and additional limitations that the 20
department may from time to time prescribe. This license shall not authorize the 21
holder to sell fish; 22
(2) A short-term sport fishing license, which authorizes the holder to perform all acts 23
authorized by a statewide sport fishing license and subject to the same limitations or 24
prescribed administrative regulations. This license shall not authorize the holder to 25
sell fish; 26
(3) A resident commercial fishing license and a nonresident commercial fishing 27 UNOFFICIAL COPY 23 RS SB 241/GA
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license, which authorize a holder to perform any act authorized by a sport fishing 1
license and to take rough fishes from the waters of the state by the use of 2
commercial fishing gear as prescribed by administrative regulation. The license 3
shall also authorize the holder to sell rough fishes, other than those protected by 4
administrative regulation; 5
(4) A commercial fishing gear tag, which shall be attached to each piece of commercial 6
fishing gear including hoop nets, slat traps, trotline, wing nets, and to each one 7
hundred (100) feet of linear gear or portion thereof in use, including commercial 8
seines, gill nets, or trammel nets. Commercial gear tags may be issued only to a 9
person holding a resident or nonresident commercial fishing license; 10
(5) Live fish and bait dealer's licenses, resident and nonresident, which authorize the 11
holder to sell bait and live fish as may be prescribed by administrative regulation; 12
(6) Musseling licenses, resident and nonresident, which authorize the holder to take 13
mussels for commercial purposes as may be prescribed by administrative 14
regulation; 15
(7) A statewide resident hunting license, which authorizes the holder to take or pursue 16
wild animals, wild birds, frogs, and turtles with gun, bow and arrow, dog, or falcon, 17
or to participate in a fox-hunting party engaged in the hunting or pursuing of foxes 18
with dogs for sport, according to the provisions of the laws and administrative 19
regulations of the department; 20
(8) A youth[junior] statewide hunting license, which may be issued to a person before 21
he or she has reached his or her sixteenth birthday, and which authorizes the holder 22
to exercise all the privileges authorized by a statewide hunting license[. No junior 23
hunting license shall be issued without the written permission of parent, guardian, 24
or person having custody of the person under sixteen (16) years of age]; 25
(9) Trapping licenses, resident and nonresident, which authorize the holder to take wild 26
animals by trapping upon his or her own lands or upon the lands of another person, 27 UNOFFICIAL COPY 23 RS SB 241/GA
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if the holder of the license has first obtained oral or written consent as provided in 1
KRS 150.092 and administrative regulation; 2
(10) A taxidermist license, which authorizes the holder to engage in the act of preparing, 3
stuffing, and mounting the skins of wildlife; 4
(11) A commercial guide's license, which authorizes the holder to guide hunting and 5
fishing parties according to the provisions of the laws and administrative 6
regulations of the department; 7
(12) Fur buyer's licenses, resident and nonresident, which authorize the holder to buy 8
raw furs from licensed trappers and hunters and to sell raw furs so purchased. 9
Applicants for the license shall state the number of premises to be used and shall 10
display at each a copy of the license as furnished by the department, except that the 11
commissioner may limit the number of copies furnished and may revoke the license 12
for violation; 13
(13) A fur processor's license, which may be issued only to a resident, a partnership, 14
firm, or corporation of this state and which authorizes the holder to buy raw furs 15
when in legal possession for processing, manufacture, or retention in cold storage or 16
for resale; 17
(14) A nonresident sport fishing license, which authorizes the holder to perform any act 18
authorized by a resident statewide sport fishing license. This license shall not 19
authorize the holder to sell fish; 20
(15) A nonresident annual hunting license, which authorizes the holder to perform any 21
act authorized by a resident statewide hunting license; 22
(16) Shoot-to-retrieve field trial permits, four (4) day and single day, which authorize a 23
permit holder to conduct a shoot-to-retrieve field trial on private or government-24
owned lands. With a four (4) day permit, all participants, whether residents or 25
nonresidents, shall not be required to possess any other license to participate in the 26
permitted field trial, and the permit shall expire four (4) days after the date on 27 UNOFFICIAL COPY 23 RS SB 241/GA
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which the field trial began. With the single day permit, the permit is valid for one 1
(1) day and all participants shall have a valid resident or nonresident annual 2
Kentucky hunting license. A permit is not required to conduct a shoot-to-retrieve 3
field trial on a licensed shooting preserve; however, all participants that take or 4
attempt to take game shall have in their possession a resident or nonresident annual 5
Kentucky hunting license; 6
(17) Game permits and youth[junior] game permits, which, in combination with a valid 7
statewide hunting license or a valid youth[junior] statewide hunting license, 8
authorize the holder to take or pursue the specified game species in any designated 9
open area of this state, during the open season and according to the provisions of 10
the laws and administrative regulations governing the hunting; 11
(18) A combination hunting and fishing license, which authorizes only resident holders 12
to perform all acts valid under either a sport fishing or hunting license; 13
(19) A trout permit, which in combination with a valid statewide fishing license, 14
authorizes the holder to take trout by angling or as may be prescribed by 15
administrative regulation; 16
(20) A commercial waterfowl permit, which authorizes the holder to establish and 17
operate a commercial waterfowl hunting preserve; 18
(21) A short-term hunting license, which authorizes the holder to perform all acts 19
authorized by a statewide hunting license according to the provisions of the laws 20
and administrative regulations of the department; 21
(22) A joint statewide resident sport fishing license issued to a husband and wife which 22
authorizes them to take fish as provided in subsection (1) of this section. The 23
license fee for this joint license shall be ten percent (10%) less than the license fee 24
set by the commission for two (2) statewide resident sport fishing licenses; 25
(23) A Kentucky migratory bird permit, which in combination with a valid statewide 26
hunting license and compliance with applicable federal law, authorizes the holder to 27 UNOFFICIAL COPY 23 RS SB 241/GA
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take or pursue waterfowl and migratory shore or upland game birds; 1
(24) A pay lake license which authorizes the holder to operate privately owned 2
impounded waters for fishing purposes for which a fee is charged; 3
(25) A senior sportsman's[combination] hunting and fishing license, which authorizes 4
the holder to perform all acts valid under a sport fishing license, a sport hunting 5
license, or a state permit to take deer, turkey, trout, waterfowl, or migratory shore or 6
upland game birds, and which shall be available to a Kentucky resident who is 7
sixty-five (65) years of age or older. 8
The senior sportsman's hunting and fishing[combination] license shall not be 9
valid unless the holder carries proof of residency and proof of age, as the 10
department may require by administrative regulation, on his or her person while 11
performing an act authorized by the license; 12
(26) A senior lifetime sportsman's[combination] hunting and fishing license, which 13
remains valid until the death of the holder and authorizes the holder to perform all 14
acts valid under a sport fishing license, a sport hunting license, and a state permit to 15
take deer, turkey, trout, waterfowl, and migratory shore and upland game birds, and 16
which shall be available to a Kentucky resident who is sixty-five (65) years of age 17
or older; 18
(27) A disabled sportsman's[combination] hunting and fishing license, which authorizes 19
the holder to perform all acts valid under a sport fishing license, a sport hunting 20
license, and a state permit to take deer, turkey, trout, waterfowl, and migratory 21
shore and upland game birds, and which shall be available to a Kentucky resident 22
who is: 23
(a) An American veteran at least fifty percent (50%) disabled as a result of a 24
service-connected disability; or 25
(b) Declared permanently and totally disabled by the federal Social Security 26
Administration, the United States Office of Personnel Management, the 27 UNOFFICIAL COPY 23 RS SB 241/GA
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Kentucky Teachers' Retirement System, the Department of Workers' Claims 1
or its equivalent from another state, or the United States Railroad Retirement 2
Board. 3
The disabled sportsman's hunting and fishing[combination] license shall not be 4
valid unless the holder carries proof of residency[ and proof of disability], as the 5
department may require by administrative regulation, on his or her person while 6
performing an act authorized by the license; 7
(28) A sportsman's license and youth sportsman's license for residents that 8
include[includes an] annual hunting and fishing licenses[license] and such permits 9
as allowed by administrative regulations promulgated by the department; and 10
(29) A special license for residents and nonresidents for the purpose of hunting on 11
licensed shooting areas. This license shall be valid only for the shooting areas for 12
which it was issued and shall remain in effect for one (1) year. If the hunter holds 13
either a nonresident or resident statewide hunting license for the current year, the 14
special license shall not be required. 15
The department may offer multiyear licenses or permits for any of the annual licenses or 16
permits authorized in subsections (1), (7), (9), (14), (15), (17), (18), (19), (23), and (28) 17
of this section. A multiyear license or permit shall authorize the holder to perform all acts 18
authorized by the same license or permit if purchased annually and shall be issued in 19
accordance with the provisions of this chapter and the administrative regulations 20
promulgated hereunder. Any multiyear licenses or permits offered by the department 21
relating to the annual licenses or permits authorized in subsections (1), (7), (9), (14), (15), 22
(17), (18), (19), (23), and (28) of this section shall be implemented by administrative 23
regulation and may be discontinued at any time. 24
Section 19. KRS 150.195 is amended to read as follows: 25
(1) The department shall by administrative regulation provide for the control of the 26
design, issuance, distribution, and other matters relating to all licenses and permits 27 UNOFFICIAL COPY 23 RS SB 241/GA
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issued by the department. 1
(2) The department shall name each county clerk not granted an exemption from selling 2
licenses or permits by the commissioner as an agent for the sale of licenses and 3
permits or other items. The county clerk shall not appoint any other person or 4
organization, other than a paid deputy clerk, to sell licenses and permits. A county 5
clerk may, at any time during his term of office, apply in writing to the 6
commissioner for an exemption from the requirement that he or she sell licenses 7
and permits or other items for the department. The commissioner shall then grant 8
the exemption until the clerk requests otherwise in writing. 9
(3) The department may[shall] sell its own licenses or permits and may name any other 10
persons, governmental entities, businesses, or organizations[person or 11
organization] meeting the requirements specified by statute and by the department 12
by administrative regulation as agents[an agent] for the sale of specified licenses 13
and permits or other items for the department. 14
(4) The department shall, by administrative regulation, determine: 15
(a) The number and distribution of agents in a county; 16
(b) Which licenses and permits or other items shall be sold or issued by the 17
department and agents of the department; 18
(c) The requirements for persons, governmental entities, businesses, or 19
organizations[, other than county clerks,] to sell licenses and permits or other 20
items issued by the department; 21
(d) The fees allowed to be retained by agents of the department; 22
(e) Matters relating to the remittance of license and permit fees and proceeds of 23
the sale of other items, procedures for accountability for licenses and permits, 24
and accountability for license and permit fees and proceeds of the sales of 25
other items; 26
(f) The license and permit term, and the date of expiration of licenses and 27 UNOFFICIAL COPY 23 RS SB 241/GA
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permits; and 1
(g) The manner in which the licenses, permits, and other items issued by the 2
department are designed, issued, and sold, and details relating to the 3
application for and sale of licenses, permits, and other items, the reporting of 4
license, permit, and other sales, and other matters deemed necessary by the 5
department for the proper administration and operation of a program relating 6
to the design, issuance, and sale of licenses, permits, and other items issued by 7
the department. 8
(5) No person shall make a false statement or provide any false information when 9
applying for a license or permit. 10
(6) Unless permitted to do so by administrative regulation, no person shall alter or 11
modify a license or permit in any manner. 12
(7) No person[employee of the department, no agent designated by the department, or 13
no employee of an agent designated by the commissioner] shall knowingly make a 14
false entry upon a license or permit, license or permit record, or an application or 15
report required by this chapter or by an administrative regulation issued thereunder. 16
(8) The department[ and each agent designated by the commissioner] shall keep a 17
correct and complete record of all licenses and permits applied for or issued, and all 18
other records required to be kept by statute or by the department by administrative 19
regulation. License and permit records shall be public records and shall be open to 20
public inspection in the manner provided by KRS 61.870 to 61.884. 21
(9) No fee for the issuance of a license or permit issued by or on behalf of the 22
department shall be charged or collected by the department or agent of the 23
department other than the amount specified by administrative regulation. Tie-in 24
sales required to obtain a license or permit are prohibited. 25
(10) The department shall by administrative regulation develop a procedure for 26
suspending or revoking the agent status of a person or organization violating any 27 UNOFFICIAL COPY 23 RS SB 241/GA
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provision of this chapter, or the administrative regulations promulgated thereunder, 1
relating to the sale, reporting of, or financial accountability for the sale of licenses 2
or permits which the agent is authorized to sell on behalf of the department. 3
(a) The initial determination to suspend or revoke an agent's status shall be made 4
by the commissioner, or by his or her designee; and the agent shall be 5
informed of the decision in writing. 6
(b) A decision of the commissioner or his or her designee may be appealed to the 7
commission in writing and received by the department within ten (10) days of 8
receipt of the commissioner's notice. Hearings of appeals shall be conducted 9
in accordance with KRS Chapter 13B. 10
(c) Appeals from a final order of the commission shall be to the Franklin Circuit 11
Court in accordance with KRS Chapter 13B. 12
(11) Penalties which the commissioner, his or her designee in writing, or the 13
commission may assess are: 14
(a) A suspension of the agent's status for not less than one (1) nor more than five 15
(5) years; or 16
(b) Revocation of the agent's status permanently, if a natural person, or for not 17
less than ten (10) years to permanently, if an organization. 18
(12) Suspension periods shall not be waived, probated, or delayed by the commissioner, 19
his or her designee in writing, or the commission. The commission or the Franklin 20
Circuit Court, as appropriate, may reduce a suspension period ordered by the 21
commissioner or his or her designee in writing, but to not less than one (1) year, 22
and may reduce a revocation to a suspension. 23
(13) The department may experiment with computerized, electronic, or other improved 24
forms of license and permit sales by the department and its agents. Experiments 25
may be conducted on a regional or other basis. The commission shall implement 26
any improved method of license and permit sales finally selected, on a statewide 27 UNOFFICIAL COPY 23 RS SB 241/GA
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basis by administrative regulation. 1
Section 20. KRS 150.250 is amended to read as follows: 2
The department, with the approval of the commission[secretary of the Finance and 3
Administration Cabinet and the consent of the Governor], may enter into any contract 4
with the United States government, or any department or agency thereof, or with any 5
individual in regard to the preservation, protection and propagation of wildlife which it 6
may deem to the advantage of the state to enter into. 7
Section 21. KRS 150.990 is amended to read as follows: 8
(1) Each bird, fish, or animal taken, possessed, bought, sold, or transported and each 9
device used or possessed contrary to the provisions of this chapter or any 10
administrative regulation promulgated by the commission thereunder shall 11
constitute a separate offense. The penalties prescribed in this section shall be for 12
each offense. 13
(2) (a) Any person who fails to appear pursuant to a citation or summons issued by a 14
conservation officer or peace officer of this Commonwealth for violation of 15
this chapter or any administrative regulation promulgated thereunder shall 16
forfeit his or her license or, if that person is license-exempt, shall forfeit the 17
privilege to perform the acts authorized by the license. The individual shall 18
not be permitted to purchase another license or exercise the privileges granted 19
by a license until the citation or summons is resolved. The court shall notify 20
the department whenever a person has failed to appear pursuant to a citation 21
or summons for a violation of this chapter or any administrative regulation 22
promulgated thereunder. 23
(b) Any person who violates any of the provisions of this chapter or any 24
administrative regulations promulgated by the commission thereunder may, in 25
addition to the penalties provided in subsections (3), (4), (5), (6), (7), and (8) 26
of this section, forfeit his or her license or, if that person is license-exempt, 27 UNOFFICIAL COPY 23 RS SB 241/GA
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may forfeit the privilege to perform the acts authorized by the license and 1
shall not be permitted to purchase another license or exercise the privileges 2
granted by a license during the same license year. No fines, penalty, or 3
judgment assessed or rendered under this chapter shall be suspended, reduced, 4
or remitted otherwise than expressly provided by law. Any person who 5
violates any administrative regulation which has been or may be promulgated 6
by the commission under any provisions of this chapter shall be subject to the 7
same penalty as is provided for the violation of any provisions of this chapter 8
under which the administrative regulation is promulgated. 9
(3) Any person who violates any of the provisions of KRS 150.120, 150.170, 10
150.235(1), 150.280, 150.320, 150.330(2), 150.355, 150.362, 150.400, 150.410, 11
150.415, 150.416, 150.445, 150.450, 150.470, 150.603, or 150.722(2), or any of the 12
provisions of this chapter or any administrative regulation promulgated by the 13
commission for which no definite fine or imprisonment is fixed shall be fined not 14
less than fifty dollars ($50) nor more than five hundred dollars ($500). 15
(4) Any person who violates any of the provisions of subsections (5) to (8) of Section 16
19 of this Act, KRS 150.290, 150.300, 150.340, 150.360, 150.362(1), 150.485, 17
150.600, 150.630, or 150.660[, the provisions of KRS 150.195(5) to (8), or KRS 18
150.660(3)] shall be fined not less than fifty dollars ($50) nor more than five 19
hundred dollars ($500) or be imprisoned for not more than six (6) months, or both. 20
Also, any person violating the provisions of KRS 150.300 shall be assessed treble 21
damages as provided in KRS 150.690 or 150.700. Damages assessed under this 22
subsection shall be ordered to be paid directly to the department. The court shall not 23
direct that the damages be paid through the circuit clerk. 24
(5) Any person who violates any of the provisions of KRS 150.411, 150.412, or 25
150.417 shall be fined not less than one hundred dollars ($100) nor more than five 26
hundred dollars ($500). 27 UNOFFICIAL COPY 23 RS SB 241/GA
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(6) Any person who violates any of the provisions of KRS 150.183, 150.305, 150.365, 1
150.370, 150.330(1), 150.235(2), (3), or (4), or 150.363 shall be fined not less than 2
one hundred dollars ($100) nor more than five hundred dollars ($500) or 3
imprisoned for not more than six (6) months, or both. 4
(7) Any person who violates any of the provisions of KRS 150.460 shall be fined not 5
less than one hundred dollars ($100) nor more than five hundred dollars ($500) or 6
imprisoned for not more than six (6) months, or both, and in addition to these 7
penalties shall be liable to the department in an amount not to exceed the 8
replacement value of the fish and wildlife which has been killed or destroyed. Costs 9
assessed for the restoration of wildlife under this subsection shall be ordered to be 10
paid directly to the department. The court shall not direct that the costs be paid 11
through the circuit clerk. 12
(8) Any person who violates the provisions of KRS 150.180, 150.520, 150.525, or 13
administrative regulations issued thereunder shall for the first offense be fined not 14
less than one hundred dollars ($100) nor more than one thousand dollars ($1,000); 15
and shall for a second offense be fined not less than five hundred dollars ($500) nor 16
more than one thousand five hundred dollars ($1,500); and for any subsequent 17
offense, be fined two thousand dollars ($2,000). 18
(9) Any person who violates the provisions of KRS 150.520 or administrative 19
regulations issued thereunder shall, if the violation relates to methods of taking 20
mussels, for a first offense be imprisoned in the county jail for no more than thirty 21
(30) days; for a second offense be imprisoned in the county jail for no more than six 22
(6) months; and for any subsequent offense be imprisoned in the county jail for no 23
more than one (1) year. The penalties for violation of this subsection shall be in 24
addition to the penalties for violation of subsection (8). 25
(10) Any person who violates any of the provisions of KRS 150.4111, 150.640, or KRS 26
150.450(2) or (3) shall be fined not less than one hundred dollars ($100) nor more 27 UNOFFICIAL COPY 23 RS SB 241/GA
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than one thousand dollars ($1,000). 1
(11) Any person who violates any of the provisions of KRS 150.390 or KRS 150.092(4) 2
shall be fined not less than one hundred dollars ($100) nor more than one thousand 3
dollars ($1,000) or imprisoned for not less than thirty (30) days nor more than one 4
(1) year, or both. In addition to the penalties prescribed above, he or she shall forfeit 5
his or her license or, if license-exempt, the privilege to perform the acts authorized 6
by the license for a period of one (1) to three (3) years and shall be liable to the 7
department in an amount reasonably necessary to replace any deer, wild turkey, or 8
bear taken in violation of KRS 150.390 and for violations of KRS 150.092(4) shall 9
be liable to the landowner or occupant for reasonable compensation for damages. 10
Wildlife replacement costs assessed under this subsection shall be ordered to be 11
paid directly to the department. The court shall not direct that the damages be paid 12
through the circuit clerk. Damages assessed under this subsection shall be ordered 13
to be paid directly to the landowner or occupant. The court shall not direct that the 14
damages be paid through the circuit clerk. Any person who possesses, takes, or 15
molests a wild elk in violation of KRS 150.390 or administrative regulations 16
promulgated under authority of that section shall be fined not less than one 17
thousand dollars ($1,000) nor more than five thousand dollars ($5,000) or 18
imprisoned for up to six (6) months, or both. In addition to these penalties, the 19
person shall pay to the department an amount not to exceed the greater of the 20
replacement cost of the wild elk or double any monetary gain realized from the 21
illegal activity and shall forfeit his or her license or, if license-exempt, the privilege 22
to perform the acts authorized by the license for a period of one (1) to three (3) 23
years. 24
(12) Any person who violates any of the provisions of KRS 150.090 other than a 25
criminal homicide or an assault against an officer enforcing the provisions of this 26
chapter, KRS Chapter 235, or the administrative regulations issued thereunder shall 27 UNOFFICIAL COPY 23 RS SB 241/GA
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be guilty of a Class A misdemeanor. 1
(13) Any person who commits a criminal homicide or an assault against an officer 2
enforcing the provisions of this chapter, KRS Chapter 235, or the administrative 3
regulations issued thereunder shall be subject to the penalties specified for the 4
offense under KRS Chapter 507 or 508, as appropriate. 5
(14) A person shall be guilty of a Class B misdemeanor upon the first conviction for a 6
violation of KRS 150.710. A subsequent conviction shall be a Class A 7
misdemeanor. 8
(15) Any person who violates the provisions of KRS 150.092 or the administrative 9
regulations promulgated thereunder for which no other penalty is specified 10
elsewhere in this section shall for the first offense be fined not less than one 11
hundred dollars ($100) nor more than three hundred dollars ($300); for the second 12
offense, be fined not less than three hundred dollars ($300) nor more than one 13
thousand dollars ($1,000); and for subsequent offenses, shall forfeit the license or, 14
if license-exempt, the privilege to perform the acts authorized by the license, for 15
one (1) year and shall be fined not less than one thousand dollars ($1,000) or be 16
imprisoned in the county jail for up to one (1) year, or both. In addition to the 17
penalties prescribed in this subsection, the violator shall be liable to the landowner 18
or tenant for the replacement cost of any property which was damaged or destroyed 19
by his or her actions. Damages assessed under this subsection shall be ordered to be 20
paid directly to the landowner or the tenant. The court shall not direct that the 21
damages be paid through the circuit clerk. 22
(16) (a) Any person who knowingly violates KRS 150.361 shall for a first offense be 23
fined not less than one hundred dollars ($100) nor more than one thousand 24
dollars ($1,000) or be imprisoned in the county jail for not more than six (6) 25
months, or both. 26
(b) Any person who knowingly violates KRS 150.361 shall for a second or 27 UNOFFICIAL COPY 23 RS SB 241/GA
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subsequent offense be fined not less than five hundred dollars ($500) nor 1
more than one thousand five hundred dollars ($1,500) or be imprisoned in the 2
county jail for not more than six (6) months, or both. 3
(c) In addition to the penalties specified in paragraphs (a), (b), and (d) of this 4
subsection, a person knowingly violating KRS 150.361 shall forfeit his or her 5
hunting license or, if license-exempt, the privilege to perform the acts 6
authorized by the license for a period of not less than one (1) nor more than 7
three (3) years. 8
(d) In addition to the penalties specified in paragraphs (a), (b), and (c) of this 9
subsection any person knowingly violating KRS 150.361 shall be liable to the 10
department in an amount not to exceed the greater of the replacement value of 11
any wildlife killed or wounded in violation of KRS 150.361 or double the 12
amount of the monetary gain from knowingly violating KRS 150.361. 13
(e) Wildlife replacement costs or other costs specified in paragraph (d) of this 14
subsection shall be ordered paid directly to the department. The court shall not 15
direct that the replacement costs be paid through the circuit clerk. 16
(17) Any person convicted of violating KRS 150.186 shall be guilty of a Class A 17
misdemeanor and shall, whether licensed or license-exempt, forfeit his or her right 18
to hunt, fish, trap, or be licensed as a commercial guide for a period of ten (10) 19
years. 20
Section 22. The requirements of this Act shall apply to all procurements and 21
acquisitions of interests in real property undertaken by, or for the benefit of, the 22
Department of Fish and Wildlife Resources, including procurements and acquisitions of 23
interests in real property that commenced prior to the effective date of this Act. 24
Section 23. Whereas it is critical to the proper administration of the Department 25
of Fish and Wildlife Resources that its procurements and acquisitions of interests in real 26
property are completed in a timely manner, an emergency is declared to exist, and this 27 UNOFFICIAL COPY 23 RS SB 241/GA
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Act takes effect upon its passage and approval by the Governor or upon its otherwise 1
becoming a law. 2