KY: Kentucky Dept Fish and Wildlife -

2012 General Assembly Regular Session:

KDFWR Bill Summary 04/13/2012

NOTE: "Bill of Great Concern" indicates that KDFWR is opposed to the proposed legislation
and more specifically believes the bill will have a direct negative fiscal impact on the department.

Bill Number

Title/Summary/Comments

Sponsor(s)Committee

Latest Major Action

KDFWR Position

HB 93

(BR 448)

AN ACT relating to personal watercraft.

Amend KRS 235.285 to clarify that the Rules of the Road for personal watercraft are part of the Inland Navigation Rules and provide specific citation for those rules.

S. Gregory

S. Riggs

Jan 3-introduced in House; to Transportation (H)

Feb 23-posted in committee

Feb 28-reported favorably, 1st reading, to Consent Calendar

Feb 29-2nd reading, to Rules; posted for passage in the Consent Orders of the Day for Friday,

March 2, 2012

Mar 2-3rd reading, passed 97-0

Mar 5-received in Senate

Mar 7-to Transportation (S)

Mar 14-reported favorably, 1st reading, to Consent Calendar

Mar 15-2nd reading, to Rules

Mar 21-posted for passage in the Consent Orders of the Day for Wednesday, March 21, 2012; 3rd reading, passed 34-0

Mar 22-received in House; enrolled, signed by each presiding officer; delivered to Governor
Mar 28-signed by Governor (Acts ch. 6)

Signed by Governor

(Acts ch. 6)

3/28/12

Support

HB 252

(BR 1168)

AN ACT relating to elk hunting permits.

Create a new section of KRS Chapter 150 to require the Department of Fish and Wildlife Resources to hold a postseason elk quota hunt for each year that a regular elk quota hunt is held; define terms; require department to hold a postseason modern firearms elk quota hunt for antlerless elk and spikes following the regular elk quota hunt; require 10% of the hunters drawn for the postseason elk quota hunt to be holders of senior/disabled combination hunting and fishing licenses and 90% of the hunters drawn for the postseason elk quota hunt to be drawn from the pool of applicants who were not drawn for the regular quota hunt and who live in the elk restoration zone; require the department to draw a number of participants in the postseason elk quota hunt equal to the number of unused permits from the previous regular elk quota hunt or to 25 participants, whichever is greater; require postseason elk quota hunt participants to comply with regular quota hunt rules, except that they may only hunt in public and private hunting areas in the Knott County elk management unit or the Stoney Fork elk management unit; require the department to issue no fewer than 750 elk permits per year for each regular elk quota hunt.

HB 252 - AMENDMENTS

HCS - Delete original provisions; define "elk management unit" and "elk restoration zone"; require the Department of Fish and Wildlife Resources to hold a postseason elk quota hunt for each year that a regular season elk quota hunt is held; require all of the hunters drawn to participate in the postseason elk quota hunt to be drawn from the pool of applicants who were not drawn for the regular season elk quota hunt and who live in the elk restoration zone; require the number of permits drawn for the postseason elk quota hunt to be evenly distributed based on county of residence within the elk restoration zone; require at least 2 permits to be awarded per county; require hunters in the postseason elk quota hunt to comply with the hunting requirements for the regular season elk quota hunt in 301 KAR 2:132, Section 5, except restrict each hunter to 1 elk management unit; allow a hunter to also hunt on land that the hunter owns in the opposite elk management unit from the one to which the hunter was assigned.

Jan 12-introduced in House

Jan 17-to Tourism Development & Energy (H)

Jan 24-posted in committee

Feb 16-reported favorably, 1st reading, to Consent Calendar with Committee Substitute

Feb 21-2nd reading, to Rules

Feb 22-posted for passage in the Consent Orders of the Day for Friday, February 24, 2012

Feb 24-3rd reading, passed 94-0 with Committee Substitute

Feb 27-received in Senate

Feb 29-to Veterans, Military Affairs, & Public Protection (S)

Referred to Senate Veterans, Military Affairs, & Public Safety Committee

2/29/12

Neutral

HB 334

(BR 1314)

AN ACT relating to special permits.

Repeal KRS 150.177

Jan 27-introduced in House

Jan 30-to Natural Resources & Environment (H)

Mar 6-posted in committee

Posted in House Natural Resources & Environment Committee

3/6/12

Oppose

HB 344

(BR 1248)

AN ACT relating to the release of wild hogs or pigs.

Create a new section of KRS Chapter 150 to prohibit releasing a feral or wild hog into the wild; set fine penalty and prohibit hunting, fishing, trapping, or being a commercial guide for a period of ten years.

HB 344 – AMENDMENTS

HCS/LM - Retain original provisions; prohibit the release of all hogs or pigs from the family Suidae into the wild; prohibit the importation, possession, or transportation of any wild or feral pig or boar in Kentucky; allow exception for the accidental escape of animals of the porcine species raised as livestock; change the penalty for violation of the bill to a Class A misdemeanor, among other penalties.

HCA (1/Title, J. Gooch Jr.) - Make title amendment.

Jan 30-introduced in House

Jan 31-to Natural Resources & Environment (H)

Feb 21-posted in committee

Mar 1-reported favorably, 1st reading, to Consent Calendar with Committee Substitute, committee amendment (1-title)

Mar 2-2nd reading, to Rules

Mar 5-posted for passage in the Consent Orders of the Day for Thursday, March 8, 2012

Mar 8-3rd reading, passed 94-0 with Committee Substitute, committee amendment (1-title)

Mar 9-received in Senate

Mar 13-to Natural Resources & Energy (S)

Mar 21-reported favorably, 1st reading, to Consent Calendar

Mar 22-2nd reading, to Rules

Mar 27-posted for passage in the Consent Orders of the Day for Tuesday, March 27, 2012; 3rd reading, passed 37-0

Mar 28-received in House; enrolled, signed by Speaker of the House

Mar 30-enrolled, signed by President of the Senate; delivered to Governor

Apr 11-signed by Governor

Signed by Governor

4/11/11

Support

HB 356

(BR 1413)

AN ACT relating to boat dock and marina safety.

Create new section of KRS Chapter 235 to establish standards for marinas and boat docks owners and operators to prevent electrical shocks to persons in boats, in water, and on docks around the marina; prohibit swimming within 100 yards of a boat dock or marina, except for reasons of search and rescue; require marina and boat dock compliance by August 1, 2013; amend KRS 235.010 to amend the definition of "marina" to include a boat dock; establish definitions for "boat dock" "boat dock or marina owner or operator" and "ground fault circuit interrupter"; amend KRS 235.200 to require any equipment meeting the American Boat and Yacht Council standards to protect the public from electrical shocks; require electrical wiring onboard a vessel to be performed by a licensed electrician; amend KRS 235.990 to establish penalties for violations.

HB 356 - AMENDMENTS

HCS/LM/CI - Retain original provisions; change the penalty for a violation of the Act that results in the injury to a person to a Class B misdemeanor; change the penalty for a violation of the Act that results in the death of a person to a Class A misdemeanor; make technical corrections so that violations of Section 1 of the Act are penalized.

HFA (1, K. Sinnette) - Clarify that work to be done by a licensed electrician be done by a holder of valid Kentucky electrician or master electrician license; clarify references to the National Fire Protection Association's Standards for Marinas and Boatyards; specify that inspection of all sources of electrical supply on boat docks, marinas, and surrounding areas be conducted annually; remove the requirement that a violation of Section 1 of the bill be admissible in a civil action against the boat dock or marina owner or operator if the violation results in bodily injury or death of a person; remove the requirement that a structure be man-made in the definition for "boat dock"; exempt from the definition of "boat dock or marina owner or operator" private landowners who own or operate boat docks or marinas for personal use and do not allow public access.

HFA (2, K. Sinnette) - Clarify that work to be done by a licensed electrician be done by a holder of valid Kentucky electrician or master electrician license; clarify references to the National Fire Protection Association's Standards for Marinas and Boatyards; specify that inspection of all sources of electrical supply on boat docks, marinas, and surrounding areas be conducted annually by a Kentucky certified electrical inspector; remove the requirement that a violation of Section 1 of the bill be admissible in a civil action against the boat dock or marina owner or operator if the violation results in bodily injury or death of a person; remove the requirement that a structure be man-made in the definition for "boat dock"; exempt from the definition of "boat dock or marina owner or operator" private landowners who own or operate boat docks or marinas for personal use and do not allow public access.

Jan 31-introduced in House

Feb 1-to Veterans, Military Affairs, & Public Safety (H)

Feb 8-posted in committee

Mar 8-reported favorably, 1st reading, to Calendar with Committee Substitute

Mar 9-2nd reading, to Rules

Mar 12-posted for passage in the Regular Orders of the Day for Tuesday, March 13, 2012

Mar 14-floor amendment (1) filed to Committee Substitute

Mar 15-floor amendment (2) filed to Committee Substitute

Mar 22-3rd reading, passed 94-0 with Committee Substitute, floor amendments (1) and (2)

Mar 23-received in Senate

Mar 26-to Appropriations & Revenue (S)

Referred to Senate Appropriations & Revenue Committee

3/26/12

Neutral

HB 372

(BR 1534)

AN ACT relating to waiver of educational fees for survivors of officers and firefighters.

Amend KRS 164.2841, relating to free tuition for survivors of officers and firefighters, to define "law enforcement officer" with the same meaning as "peace officer."

J. Jenkins

R. Palumbo

Feb 6-introduced in House

Feb 7-to Education (H)

Mar 7-posted in committee

Mar 13-reported favorably, 1st reading, to Consent Calendar

Mar 14-2nd reading, to Rules; posted for passage in the Consent Orders of the Day for Friday, March 16, 2012

Mar 16-3rd reading, passed 93-0

Mar 19-received in Senate

Mar 21-to Education (S)

Mar 28-taken from Education (S); 1st reading; returned to Education (S)

Taken from Senate Education Committee; 1^st reading in Senate; returned to Senate Education Committee

3/28/12

Support

HB 427

(BR 1777)

AN ACT relating to land conservation and making an appropriation therefor.

Amend KRS 146.560 to increase membership on the Kentucky Heritage Land Conservation Board from 11 to 13 members by adding a member from the Kentucky Horse Council and a member from the Kentucky Land Trusts Coalition; allow the grant funds expended by the board to be made to private nonprofit land conservation organizations and require those organizations to match grants dollar for dollar; amend KRS 146.570 to require private, nonprofit land conservation organizations to match grants made by the board 100 percent.

HB 427 - AMENDMENTS

HCS - Retain original provisions of HB 427; allow the Kentucky Heritage Land Conservation Fund Board to promulgate administrative regulations to make grants to private, nonprofit land trust organizations.

K. Hall

Feb 21-introduced in House

Feb 22-to Tourism Development & Energy (H)

Feb 28-posted in committee

Mar 1-reported favorably, 1st reading, to Consent Calendar with Committee Substitute

Mar 2-2nd reading, to Rules

Mar 5-posted for passage in the Consent Orders of the Day for Thursday, March 8, 2012

Mar 8-3rd reading, passed 94-0 with Committee Substitute

Mar 9-received in Senate

Mar 13-to Natural Resources & Energy (S)

Mar 21-reported favorably, 1st reading, to Consent Calendar

Mar 22-2nd reading, to Rules

2^nd reading in Senate, referred to Senate Rules Committee

3/22/12

Support

HB 443

(BR 1451)

AN ACT relating to veterans.

Amend KRS 150.010 to change the definition of "resident" to include a veteran of the Armed Forces of the United States who has been honorably discharged, for the purposes of hunting and fishing license and tag fees.

B. Waide

K. King

Feb 22-introduced in House

Feb 23-to Veterans, Military Affairs, & Public Safety (H)

Referred to House Veterans, Military Affairs, & Public Safety Committee

2/23/12

Pending Review

Hoping to meet with sponsor to discuss department concerns and legislator’s intent

HJR 11

(BR 315)

Express a need to undertake stream restoration to improve the chemical and biological characteristics of the water; identify improvements to sewer infrastructure and straight pipes as a method of undertaking stream restoration via mitigation; express concern that the Appalachian region is subjected to a more rigorous conductivity standard that reduces the eligible waters in that region for mitigation awards; encourage section 404 permittees that engage in permittee responsible mitigation with a 25 percent set aside for sewer infrastructure and straight pipes; require the Energy and Environment Cabinet to work with the University of Kentucky and University of Louisville to develop a method of evaluating the value of straight pipes and sewer projects to the overall mitigation requirement; require a report be sent to the Legislative Research Commission by June 15, 2013, and every year thereafter; require a copy be sent to the US Army Corps of Engineers, the Energy and Environment Cabinet, and members of the Kentucky congressional delegation.

Jan 3-introduced in House; to Natural Resources & Environment (H)

Jan 9-posted in committee

Feb 23-reported favorably, 1st reading, to Calendar

Feb 24-2nd reading, to Rules

Feb 27-posted for passage in the Regular Orders of the Day for Tuesday, February 28, 2012

Mar 1-3rd reading, adopted 93-0

Mar 2-received in Senate

Mar 5-to Natural Resources & Energy (S)

Mar 7-reported favorably, 1st reading, to Consent Calendar

Mar 8-2nd reading, to Rules

Mar 21-posted for passage in the Consent Orders of the Day for Wednesday, March 21, 2012; 3rd reading, adopted 34-0

Mar 22-received in House; enrolled, signed by each presiding officer; delivered to Governor

Mar 28-signed by Governor (Acts ch. 15)

Signed by Governor

(Acts ch. 15)

3/28/12

Support

HCR 29

(BR 947)

Establish a Kentucky Children's Outdoor Bill of Rights and declare it to be the public policy of the Commonwealth.

D. Graham

R. Palumbo

Jan 3-introduced in House

Jan 4-to Health & Welfare (H)

Jan 23-posted in committee

Feb 9-reported favorably, 1st reading, to Consent Calendar

Feb 10-2nd reading, to Rules

Feb 14-posted for passage in the Consent Orders of the Day for Thursday, February 16, 2012

Feb 16-3rd reading, adopted 85-14

Feb 21-received in Senate

Feb 23-to Natural Resources & Energy (S)

Mar 21-reported favorably, 1st reading, to Consent Calendar with Committee Substitute, committee amendment (1-title)

Mar 22-2nd reading, to Rules

Mar 27-posted for passage in the Consent Orders of the Day for Tuesday, March 27, 2012; 3rd reading, adopted 37-0 with Committee Substitute, committee amendment (1-title)

Mar 28-received in House; to Rules (H)

Mar 29-posted for passage for concurrence in Senate Committee Substitute, committee amendment (1-title) ; House concurred in Senate Committee Substitute, committee amendment (1-title) ; adopted 93-0; enrolled, signed by Speaker of the House

Mar 30-enrolled, signed by President of the Senate; delivered to Governor

Apr 11-signed by Governor

Signed by Governor

4/11/12

Support

HCR 64

(BR 931)

Establish a Timber Theft and Trespass Reduction Task Force; provide that the purpose of the task force is to study issues regarding timber theft and trespass and to develop consensus recommendations to address those issues; name the membership of the task force; require the task force to meet three times before submitting its final report; require its final report to be submitted to the Legislative Research Commission by December 7, 2012; and provide that the Legislative Research Commission has authority to alternatively assign the issues identified in the Resolution to interim joint committees or subcommittees thereof.

HCR 64 - AMENDMENTS

HCS - Retain original provisions, except add the commissioner of the Department of Fish and Wildlife Resources or designee to the Timber Theft and Trespass Reduction Task Force

L. Combs

Jan 11-introduced in House

Jan 12-to Natural Resources & Environment (H)

Feb 21-posted in committee

Mar 8-reported favorably, 1st reading, to Consent Calendar with Committee Substitute

Mar 9-2nd reading, to Rules

Mar 12-posted for passage in the Consent Orders of the Day for Wednesday, March 14, 2012

Mar 14-3rd reading, adopted 97-0 with Committee Substitute

Mar 15-received in Senate

Mar 19-to Judiciary (S)

Referred to Senate Judiciary Committee

3/19/12

Support

HCR 76 (BR 1230)

Urge a study of the growth of wild pig populations in Kentucky, addressing in particular the dangers and problems that wild swine present for the state's environment, farmers, landowners, and citizens.

Jan 18-introduced in House

Jan 20-to Agriculture & Small Business (H)

Jan 23-posted in committee

Jan 25-reported favorably, 1st reading, to Calendar

Jan 26-2nd reading, to Rules; taken from Rules (H); placed in the Orders of the Day

Jan 30-3rd reading, adopted 94-0; received in Senate

Feb 1-to Agriculture (S)

Referred to Senate Agriculture Committee

2/1/12

Support

SB 83

(BR 847)

AN ACT relating to the removal of abandoned water vessels and making an appropriation therfor.

Create a new section of KRS 151.700 to 151.730 to create a water vessel removal assistance fund to be administered by the Kentucky River Authority; require the Kentucky River authority to establish criteria for when the removal of an abandoned water vessel is necessary, use amounts deposited into the water vessel removal assistance fund to assist in the removal of water vessels from any waters of this state, accept bids and contract to provide for the removal of abandoned water vessels, and promulgate administrative regulations; require the Kentucky River Authority to submit annual report detailing all bids awarded; amend KRS 235.090 to require that the Transportation Cabinet transfer 50% of the fees received from KRS 235.080, 235.085, and 235.130 to the water vessel assistance fund; require transfers to be made quarterly, within 30 days of the close of each fiscal quarter; amend KRS 151.720 to authorize and empower the Kentucky River Authority to implement these provisions.

R. Palmer II

Jan 5-introduced in Senate

Jan 9-to Transportation (S)

Feb 22-reported favorably, 1st reading, to Consent Calendar

Feb 23-2nd reading, to Rules

Mar 5-posted for passage in the Regular Orders of the Day for Tuesday, March 6, 2012

Mar 6-passed over and retained in the Orders of the Day

Mar 7-passed over and retained in the Orders of the Day

Mar 8-passed over and retained in the Orders of the Day

Mar 9-passed over and retained in the Orders of the Day

Mar 13-recommitted to Transportation (S)

Recommitted to Senate Transportation

3/13/12

Neutral

SB 112

(BR 1259)

AN ACT relating to boating under the influence.

Amend KRS 235.240 and 235.990 to establish a new penalty scheme for boating while intoxicated; amend KRS 431.005 and 431.015 to allow an arrest based upon probable cause for boating while intoxicated.

V. McGaha

Jan 23-introduced in Senate

Jan 24-to Judiciary (S)

Mar 5-taken from Judiciary (S); 1st reading; returned to Judiciary (S)

Taken from Senate Judiciary Committee; 1^st reading in Senate; return to Senate Judiciary Committee

3/5/12

Support

AGENCY LEGISLATION

SB 119

(BR 1116)

AN ACT relating to elk hunting permits.

Create a new section of KRS Chapter 150 to require the Department of Fish and Wildlife Resources to allow applicants for the regular season elk quota hunt to apply in writing at any location that sells hunting licenses; require the department to hold a physical, randomized drawing to determine who shall be awarded the elk hunting permits for the quota hunt; require the drawing to be done in public in a different wildlife district each year; require 10% of the total number of permits awarded to be drawn from a pool of applicants solely composed of holders of senior/disabled combination hunting and fishing licenses.

R. Jones II

Jan 25-introduced in Senate

Jan 27-to Natural Resources & Energy (S)

Referred to Senate Natural Resources & Energy Committee

1/27/12

Oppose

SB 164

(BR 1740)

AN ACT relating to hunter education.

Create a new section of KRS Chapter 150 to require the Department of Fish and Wildlife Resources to establish hunter and bow hunter education certification requirements; define terms; require the department to promulgate administrative regulations establishing course requirements; allow for hunter education course completion in other states that meet Kentucky's minimum requirements to satisfy the hunter education course requirements in Kentucky; require hunters born on or after January 1, 1975, to carry course completion cards while hunting or bow hunting; allow the department to use computerized or electronic formats to administer and award hunter education certification; provide for exemptions for the hunter and bow hunter education course requirements for persons under 12 and persons exempt from hunting license requirements; provide for temporary exemptions from the hunter and bow hunter education course requirements; require the department to promulgate administrative regulations establishing hunter education instructor certification requirements.

R. Webb

Feb 22-introduced in Senate

Feb 27-to Natural Resources & Energy (S)

Referred to Senate Natural Resources & Energy Committee

2/27/12

Support

Kentucky Department of Fish and Wildlife Resources Agency Legislation is in bold.

Committee members list can be accessed at HYPERLINK http://www.lrc.ky.gov/org_adm/committe/comminfo.htm.

Green font indicates passed by both Senate and House.

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