|
HB 141
(BR 51) |
AN
ACT relating to the taking of black bears.
Create a new section of KRS Chapter 150 to allow an authorized person to
take a black bear that threatens human safety within 30 yards of an
occupied dwelling.
|
R. Nelson
Jan 5-introduced in
House; to Natural Resources & Environment (H)
Jan 27-posted in
committee
Feb 18-on Natural
Resources & Environment (H) agenda
|
NEUTRAL: Department is currently working with Sponsor to address
concerns; Personal protection is already permissible; KDFWR is working
with sponsor on educational programs for his constituents. |
On agenda for House Natural Resources & Environment Committee
(DID NOT PASS) |
|
HB 312
(BR 1131) |
AN ACT relating
to equine heritage and state recreation land.
Create a new
section of KRS Chapter 146 to ensure that the Environmental and Public
Protection Cabinet and the Tourism, Arts and Heritage Cabinet protect
and promote equine travel on state recreation land; define equine;
define state recreation land; require these cabinets to notify the
public if the agency plans to prohibit equine travel on state recreation
land on which foot travel is allowed; establish conditions under which
agencies can prohibit equine travel; require an implementation report on
equine travel on state recreation land from the Energy and Environment
Cabinet and the Tourism, Arts and Heritage Cabinets; amend KRS 146.55 to
recognize the significance of equine travel on state recreation land,
including those purchased with moneys from the Kentucky Heritage Land
Conservation Fund. |
R. Nelson
Jan 25-introduced
in House
Jan 26-to Tourism
Development & Energy (H)
Feb 2-posted in
committee |
BILL
OF GREAT CONCERN:
Proposed
legislation would lead to loss of control by KDFWR on Wildlife
Management Areas, which would jeopardize current federal grant receipts
and lead to hunter displacement. Department is working with Sponsor to
address concerns. |
Posted
in House Tourism Development & Energy Committee
2/2/10
(DID NOT PASS) |
|
HB 429
(BR 9) |
AN ACT relating
to criminal and regulatory matters under the jurisdiction of the
Department of Fish and Wildlife Resources including the management and
enforcement thereof.
Create new sections of KRS Chapter 150 relating to fish and wildlife to
require the law enforcement director and conservation officers to be
certified peace officers; provide full peace officer powers while on
department property and limit peace officer powers to enforcement of KRS
Chapters 150 and 235 when not on department property; provide that
appointments to the Fish and Wildlife Commission are subject to
confirmation by the Senate; provide that no person who has been
convicted of a fish and wildlife violation be appointed to the
commission; require that the department hold hearings on proposed
administrative regulations affecting persons surrounding department
property in the vicinity of the property; permit a person to kill an
animal in self-defense or defense of another or during a survival or
disaster situation; create a new section of KRS Chapter 150 to create a
no-net-loss-for-hunting policy; create a new section of KRS Chapter 150
to penalize hunting game with a firearm which cannot be hunted with a
firearm during bow season; amend numerous sections of KRS Chapter 150
creating fish and wildlife offenses to require a culpable mental state
of "knowingly" for the violations; amend KRS 150.395 relating to
spotlighting to expand legitimate uses of lights in the field at night;
amend KRS 235.010 relating to boating to specify that a person must be
navigating a vessel to be operating a vessel; amend numerous sections of
KRS Chapter 235 to establish a culpable mental state of "knowingly" for
the violations.
HB 429
- AMENDMENTS
HCA (1,
J. Gooch Jr.) - Change amendment of KRS 235.205 relating to use of
sirens, and red, blue, blue and red, and green lights on boats to make
technical change; change amendment of KRS 235.990 relating to boating
penalties in penalty for failure to show for a trial to change "for
cause" to "for good cause"; delete the present Section 94 amending KRS
186.675 as duplicative and replace it with a new section of KRS Chapter
150 requiring that the department promulgate administrative regulations
specifying permitted and prohibited uses of department-owned properties
including lakes and buffer zones and promulgate administrative
regulations for licenses and permits for the use of department-owned
properties including but not limited to docks on department-owned lakes.
HFA (1,
R. Damron) - Retain most original provisions except, in new section of
KRS Chapter 150 require Director of Law Enforcement to meet training
requirements, require conservation officers to meet training
requirements, grant full peace officer powers to conservation officers;
in amendment of KRS 150.010 eliminate provision specifying that an
animal born in captivity is not wildlife; in amendment of KRS 150.725
relating to definitions for captive cervids to create new definition
relating to animals "in transit" to specify that an in transit animal
comes into Kentucky from out of state with the purpose of transporting
the animal out of state; amend KRS 150.740 relating to importation of
captive cervids to set standards for transportation and require permits
for in transit animals; in new section relating to qualifications of
Fish and Wildlife Commission members to permit appointment of a member
who has not been convicted of a misdemeanor or fine only fish and
wildlife offense in Kentucky or in another jurisdiction for fifteen
years immediately prior to the appointment; change amendment of KRS
235.205 relating to the use of lights and sirens on boats to make
technical change; change amendment of KRS 235.990 relating to boating
penalties, in penalty for failure to show for a trial to change "for
cause" to "for good cause"; in amendment of KRS 15.380 relating to peace
officers who are required to be trained to delete the Director of Law
Enforcement at Department of Fish and Wildlife Resources; delete present
Section 94 amending KRS 186.675 as duplicative and replacing it with a
new section of KRS Chapter 150 requiring that the department promulgate
administrative regulations specifying permitted and prohibited uses of
department-owned properties including lakes and buffer zones and
promulgate administrative regulations for licenses and permits for the
use of department-owned properties including but not limited to docks on
department-owned lakes.
HFA (2,
B. Yonts) - Insert new section of KRS Chapter 150 to prohibit the
department or any other state agency from interfering with or
prohibiting a unit of local government from maintaining the free flow of
water in watercourses in the local government's jurisdiction.
HFA (3,
R. Damron) - Amend Section 73 to require replacement land to be of at
least the same quality for the game hunted and wildlife habitat of the
closed land; create a new section of KRS Chapter 150 to specify that
financial records of Dept. of Fish and Wildlife Resources are public
records; require Auditor of Public Accounts to include specified
information about Dept. of Fish and Wildlife funds in the statewide
single audit of the Commonwealth of Kentucky and to report to the
Interim Joint Committee on Appropriations and Revenue and the Interim
Joint Committee on Natural Resources and Environment; specify which
moneys shall be held in separate accounts and not commingled with other
moneys. |
R. Damron
J. Bell
R. Nelson
T. Turner
K. Upchurch
B. Yonts
Feb 12-introduced
in House
Feb 17-to Natural
Resources & Environment (H)
Feb 18-posted in
committee
Mar 4-reported
favorably, 1st reading, to Calendar with committee amendment (1) ; floor
amendment (1) filed
Mar 5-2nd reading,
to Rules; posted for passage in the Regular Orders of the Day for
Monday, March 8, 2010
Mar 8-floor amendments (2) and (3) filed
Mar 15-3rd reading,
passed 90-3 with floor amendments (1) and (3)
Mar 16-received in Senate
Mar 17-to Judiciary
(S) |
OPPOSE:
The proposed legislation was
recently amended to restore the current statewide authority for
Conversation Officers; restore the definition of wildlife to also any
wildlife born or bred in captivity; and develop a procedure for
regulating transportation of cervids through Kentucky. The department still opposes this legislation at this time,
since there are still concerns with Conservation Officer specific
authorities and abilities; private landowner protections; state
protected wildlife; regulation requirements; changes in Commission
system; and how defendants now will be required to meet a “knowingly”
threshold before being convicted of a fish and wildlife violation.
|
Referred to Senate
Judiciary Committee
3/17/10
(DID NOT PASS) |
|
HB 433
(BR 1722) |
AN ACT relating
to stream maintenance.
Create a new section of KRS Chapter 150 to authorize counties to
designate an agent responsible for maintenance and clean up of debris
from streams; include within county jurisdiction lands within the county
owned by the Department of Fish and Wildlife Resources; prohibit the
Department of Fish and Wildlife Resources from interfering with county
stream maintenance or clean up needed to repair impeded water flow;
allow the Department of Fish and Wildlife Resources to perform clean up
and maintenance on department lands within the county jurisdiction upon
approval of the county; prohibit the Department of Fish and Wildlife
Resources from spending funds from state, local, or federal sources on
activities other than clean up or maintenance of streams; allow the
county to take legal action to restrain the Department of Fish and
Wildlife Resources from preventing stream maintenance or clean up on
department-owned lands which would
restore water flow downstream.
HB 433
- AMENDMENTS
HCS
- Retain provisions of original bill; designate a metro sewer district
as an "authorized agent."
HCA (1/Title,
J. Gooch Jr.) - Make title admendment.
HFA (1,
B. Yonts) - Limit county authority pertaining to stream maintenance to
activities not in violation of state and federal law; add requirement
that authorized county agent work under advice and assistance of the
department and the Division of Water; make minor technical changes.
|
B. Yonts
Feb 16-introduced
in House
Feb 17-to Natural
Resources & Environment (H)
Mar 2-posted in
committee
Mar 10 - On Natural
Resources & Environment (H) agenda; reported favorably, 1st reading, to
Calendar with Committee Substitute, committee amendment (1-title); floor
amendment (1) filed to Committee Substitute
Mar 11-2nd reading,
to Rules; posted for passage in the Regular Orders of the Day for
Friday, March 12, 2010
Mar 15-3rd reading, passed 95-0 with Committee Substitute, committee
amendment (1-title), floor amendment (1)
Mar 16-received in Senate
Mar 17-to Judiciary
(S) |
OPPOSE:
Existing bill
language:
Is vague
on the interpretation of "cleanup and maintenance" of streams since
stream channelization projects are deemed cleanup and are very
detrimental to fish and wildlife habitat. This proposed legislation also
has the potential for unintended consequences such as gravel dredging on
streams in WMAs; and jeopardizes control of Dept property and
mission-related activities. HB 433 also potentially jeopardizes future
land acquisitions with multiple funding sources since streams will not
be controlled by the Dept. KDFWR is working with Sponsor to address
concerns.
|
Referred to Senate
Judiciary Committee
3/17/10
(DID NOT PASS) |
|
HB 542
(BR 1778 |
AN ACT relating
to voter registration.
Create a new
section of KRS Chapter 116 to direct the Department of Fish and Wildlife
Resources to incorporate an application for voter registration with a
hunting license or permit. |
T. Mills
S. Overly
L. Belcher
R. Damron
R. Palumbo
J. Richards
Feb 26-introduced
in House
Mar 2-to Elections, Const. Amendments & Intergovernmental Affairs (H)
Mar 4-posted in committee
Mar 16-reported
favorably, 1st reading, to Consent Calendar
Mar 17-2nd reading,
to Rules; posted for passage in the Consent Orders of the Day for
Thursday,
March 18, 2010
Mar 18-3rd reading,
passed 96-2; received in Senate
Mar 22-to State &
Local Government (S) |
Bill
of Great Concern
due to the fiscal impact we and our KDSS agents would be forced to
endure if HB 542 passes in its current form. This proposed legislation
would require a complete overhaul of the current licensing system with a
potential fiscal impact of close to $5 million dollars—which is not
funded in this bill and therefore would have to come out of the
department’s restricted fund. This proposed legislation also would add
significant new requirements for KDSS agents to process voter
registration information (or even a person’s decline to complete a voter
registration form) and then transmit this information to the county
clerks, without any additional funding. The department is currently
working with sponsor to address these concerns. (For additional
details, see “LM” Fiscal Impact Estimate at
http://www.lrc.ky.gov/record/10RS/HB542.htm)
|
Referred to Senate
State & Local Government Committee
3/22/10
(DID NOT PASS) |
|
SB 64
(BR 868 |
AN
ACT relating to the Kentucky Department of Fish and Wildlife Resources.
Amend
KRS 150.022 to subject appointments to the Department of Fish and
Wildlife Resources Commission to confirmation by the Senate; permit
reappointment to the commission one time; prohibit appointment to the
commission if convicted of a Class A misdemeanor or felony game law
violation in any state or any jurisdiction; require the Governor to
remove any commissioner if he or she was convicted of a Class A
misdemeanor or felony game law violation in any state or any
jurisdiction; remove eligibility of resident motorboat owners to vote
for a commissioner in sportsmen's district election; amend KRS 150.150
to prohibit commingling of moneys in the Fish and Game Fund and require
moneys be kept according to generally accepted accounting principles;
amend KRS 150.061 to delete the indefinite term of employment and
require a defined contract term of employment for the commissioner of
Fish and Wildlife which is subject to removal or reappointment by the
commission; require the commission to approve compensation, duties and
terms of employment of the commission's employees; amend KRS 150.090 to
require conservation officers to have full peace officer powers with
restrictions to enforce fish and game laws only, except when there is a
written request for assistance by another law enforcement agency and the
commissioner has determined the fiscal impact on the department'
resources or if there is an immediate life-threatening situation;
restrict conservation officers service of process unrelated to
enforcement of fish and game laws; require requests for assistance for
periods longer than thirty days to have the approval of the commission
and for assistance with commission approval to have a limited duration
of thirty days; amend KRS 235.330 to require moneys collected under the
boating chapters to be kept under different accounts in the Fish and
Game Fund and not to be commingled with other funds; delete use of
general fund appropriations for the Division of Law Enforcement.
SB 64
- AMENDMENTS
SCS (1)
- Retain original provisions of SB 64; require the Auditor of Public
Accounts to perform an annual audit of the department of Fish and
Wildlife Resources; delete ineligibility to serve on the commission if
convicted of a Class A misdemeanor; prohibit service on the commission
if convicted of a felony; and delete restrictions on duties of
conservation officers with respect to enforcement of laws outside the
fish and game statutes.
SCS (2)
- Retain original provisions; create new sections of KRS Chapter 150 to
require annual audits; require the commission to replace public hunting
land when it becomes unavailable for that purpose; require a report
on-no-net loss of public hunting lands to the Legislative Research
Commission and to the Interim Joint Committee on Natural Resources and
Environment by October 1 of each year; allow persons to carry firearms
on commission-owned or managed land; allow use of firearm for personal
protection and prohibit use of firearm on commission land to take an
animal in violation of fish and game laws; amend KRS 150.022 to prohibit
persons that have committed a felony from serving on the commission;
amend KRS 150.150 and KRS 235.330 to require the fish and game fund to
maintain separate restricted fund accounts and to prohibit commingling
of money in the fund; amend KRS 150.061 to require the department
commissioner to be subject to annual review in closed session by the
commission and require the commission to approve grant-funded,
time-limited positions; amend KRS 150.725 to define the import of
captive cervids and to establish a definition for "in transit" of
captive cervids; amend KRS 150.740 to provide regulation and permit
transport of captive cervids through the state if the final destination
is outside of the Commonwealth; amend KRS 150.990 to create tiered
penalties for violations of taking wildlife with a firearm during bow
season.
HCS - Retain provisions of SB 64/GA; provide that for
hunting to be allowed on agency-owned or agency-managed land, that
agency, in addition to the Department of Fish and Wildlife Resources
Commission, must determine that the land is suitable for hunting;
require the department to prescribe a method to allow an applicant for a
license required under KRS 150.175 to voluntarily contribute $2.00 at
the time of making the application to the Becoming an Outdoors-Woman
program or other hunter and angler recruitment and retention programs.
HFA
(1, R. Damron)
- Retain original provisions; add new section of KRS Chapter 150 to
require Department of Fish and Wildlife Resources to hold hearings or
administrative regulations affecting abutting property owners to
department-owned or-controlled property within 10 miles of the property
boundary; add a new section of KRS Chapter 150 to provide that the
department shall, by administrative regulation, specify permitted and
prohibited uses of department property, licenses, and permits for use of
department property and buffer areas between department-owned property
and adjoining property.
HFA
(2/P, K. Hall)
- Attach the provisions of House Bill 173 to Senate Bill 64/HCS.
HFA
(3/Title, K.
Hall) - Make title amendment.
|
G. Tapp
J. Pendleton
E. Tori
Jan
5-introduced in Senate
Jan
6-to Natural Resources and Energy (S)
Mar
4-reported favorably, 1st reading, to Calendar with Committee Substitute
Mar
5-2nd reading, to Rules
Mar
10-recommitted to Natural Resources and Energy (S); reported favorably,
to Rules with Committee Substitute (2) ; posted for passage in the
Regular Orders of the Day for Wednesday, March 10, 2010; 3rd reading;
Committee Substitute (1) withdrawn; passed 35-0 with Committee
Substitute (2) ; received in House
Mar
15-to Natural Resources & Environment (H)
Mar
18-posted in committee
Mar
19-taken from committee; 1st reading; returned to Natural Resources &
Environment (H)
Mar 22-taken from committee; 2nd reading; returned to Natural Resources
& Environment (H)
Mar
23-reported favorably, to Rules with Committee Substitute
Mar
24-posted for passage in the Regular Orders of the Day for Thursday,
March 25, 2010
Mar
25-floor amendments (1) and (2) filed to Committee Substitute, floor
amendment (3-title) filed
Mar
26-3rd reading, passed 86-5 with Committee Substitute, floor amendment
(1) ; received in Senate
Mar
29-posted for passage for concurrence in House Committee Substitute,
floor amendment (1) ; Senate concurred in House Committee Substitute,
floor amendment (1) ; passed 37-0; enrolled, signed by President of the
Senate
Apr 1-enrolled, signed by Speaker of the House; delivered to Governor
Apr 13-signed by Governor (Acts ch. 158) |
NEUTRAL, EXCEPT FOR
CHANGES TO COMMISSION SYSTEM:
This proposed legislation was recently amended to restore
conservation officers’ authority and parts of the commission system
process; while also incorporating provisions from SB 226 (Rep. Webb)
that KDFWR supported concerning Net-Loss for Hunting Land; Ability to
carry firearms; and a process for transportation of captive cervids
through Kentucky; provide that for hunting to be allowed on agency-owned
or agency-managed land, that agency, in addition to the Department of
Fish and Wildlife Resources Commission, must determine that the land is
suitable for hunting; require the department to prescribe a method to
allow an applicant for a license required under KRS 150.175 to
voluntarily contribute $2.00 at the time of making the application to
the Becoming an Outdoors-Woman program or other hunter and angler
recruitment and retention programs.
.
|
Signed by Governor
4/13/10 (See SB 64 summary.) |
|
SB 226
(BR 1878) |
AN ACT relating
to criminal and regulatory matters under the jurisdiction of the
Department of Fish and Wildlife Resources including the management and
enforcement thereof.
Create new sections of KRS Chapter 150 relating to fish and wildlife to
require conservation officers to be certified peace officers; provide
full peace officer powers; provide that members of the Fish and Wildlife
Commission are subject to KRS Chapter 11A; require that the department
hold hearings on proposed administrative regulations affecting persons
surrounding department property in the vicinity of the property; permit
a person to kill an animal in self-defense or defense of another or
during a survival or disaster situation; create a new section of KRS
Chapter 150 to create a no-net-loss-for-hunting policy; create a new
section of KRS Chapter 150 to penalize hunting game with a firearm which
cannot be hunted with a firearm during bow season; amend numerous
sections of KRS Chapter 150 creating fish and wildlife offenses to
require a culpable mental state of "knowingly" for the violations; amend
KRS 150.395 relating to spotlighting to expand legitimate uses of lights
in the field at night; amend KRS 235.010 relating to boating to specify
that a person must be navigating a vessel to be operating a vessel;
amend numerous sections of KRS Chapter 235 to establish a culpable
mental state of "knowingly" for the violations.
|
R. Webb
Mar 4-introduced in
Senate
Mar 8-to Licensing,
Occupations & Administrative Regulations (S) |
OPPOSE:
KDFWR is working with sponsor to address concerns over law enforcement
authority and new requirements for administrative regulations and
criminal culpability (i.e., Requires that defendants now be required to
meet a “knowingly” threshold before being convicted of a fish and
wildlife violation.)
|
Referred to Senate
Licensing, Occupations & Administrative Regulations Committee
3/8/10
(DID NOT PASS) |
