Last Action | signed by Governor (Acts, ch. 109) |
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Title | AN ACT relating to boating law enforcement. |
Bill Documents |
Bill
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Bill Request Number | 130 |
Sponsors | C. Girdler, W. Blevins Jr., J. Carpenter, P. Clark, S. Gregory, J. Schickel, J. Turner, R. Webb |
Summary of Original Version | Amend KRS 235.310 to only allow boating enforcement officers to enter upon boats on the waters of the Commonwealth if the officer has a reasonable and articulable suspicion that a violation of KRS Chapter 235 or the administrative regulations promulgated thereunder has occurred; allow the department to conduct periodic inspections of marine sanitation devices according to regular inspection schedules; name the Act the Boater Freedom Act. |
Index Headings of Original Version |
Environment and Conservation - Boats, marine sanitation devices, allow periodic inspection according to regular schedule Fish and Wildlife - Boating law enforcement, reasonable suspicion required for officer to board boat Inspections - Boats, marine sanitation devices, allow periodic inspection according to regular schedule Peace Officers and Law Enforcement - Boating law enforcement, reasonable suspicion required for officer to board boat Waterways and Dams - Boating law enforcement, reasonable suspicion required for officer to board boat Waterways and Dams - Boats, marine sanitation devices, allow periodic inspection according to regular schedule Boats and Boating - Boating law enforcement, reasonable suspicion required for officer to board boat Boats and Boating - Boats, marine sanitation devices, allow periodic inspection according to regular schedule Popular Names and Short Titles - Boater Freedom Act |
Proposed Amendments |
Senate Committee Substitute 1 House Committee Substitute 1 House Floor Amendment 1 House Floor Amendment 2 House Floor Amendment 3 House Floor Amendment 4 |
Votes | Vote History |
01/09/14 |
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01/15/14 |
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02/13/14 |
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02/14/14 |
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02/19/14 |
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02/20/14 |
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02/21/14 |
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02/24/14 |
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03/17/14 |
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03/19/14 |
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03/20/14 |
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03/24/14 |
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03/25/14 |
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03/27/14 |
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03/31/14 |
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04/10/14 |
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Amendment | Senate Committee Substitute 1 |
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Summary | Retain original provisions, except prohibit an enforcement officer from stopping or entering upon a boat unless the officer has a reasonable and articulable suspicion that a violation of the Kentucky Revised Statutes has occurred; amend KRS 235.285 to keep the reference to the federal flotation device regulation current even if it is amended or renumbered; replace references to "personal watercraft or motorboat" with references to "vessel"; replace reference to federal boating navigation rules with reference to boating navigation rules established in KRS Chapter 235 or the administrative regulations promulgated thereunder; create a new section of KRS Chapter 235 requiring the Department of Fish and Wildlife Resources to annually report to the Legislative Research Commission on the training of its law enforcement officers in the areas of enforcement policy, hospitality toward participants in outdoor activities, and tourism promotion; include in the report any changes made in enforcement practices and interactions with the public during the past year. |
Index Headings |
Environment and Conservation - Boats, marine sanitation devices, allow periodic inspection according to regular schedule Fish and Wildlife - Boating law enforcement, reasonable suspicion required for officer to board boat Inspections - Boats, marine sanitation devices, allow periodic inspection according to regular schedule Peace Officers and Law Enforcement - Boating law enforcement, reasonable suspicion required for officer to board boat Waterways and Dams - Boating law enforcement, reasonable suspicion required for officer to board boat Waterways and Dams - Boats, marine sanitation devices, allow periodic inspection according to regular schedule Boats and Boating - Boating law enforcement, reasonable suspicion required for officer to board boat Boats and Boating - Boats, marine sanitation devices, allow periodic inspection according to regular schedule Popular Names and Short Titles - Boater Freedom Act |
Amendment | House Committee Substitute 1 |
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Summary | Amend to insert a probable cause requirement for searches, to clarify the ability to conduct license checks under existing law, and to modify the requirements for annual officer training activities. |
Index Headings |
Environment and Conservation - Boats, marine sanitation devices, allow periodic inspection according to regular schedule Fish and Wildlife - Boating law enforcement, reasonable suspicion required for officer to board boat Inspections - Boats, marine sanitation devices, allow periodic inspection according to regular schedule Peace Officers and Law Enforcement - Boating law enforcement, reasonable suspicion required for officer to board boat Waterways and Dams - Boating law enforcement, reasonable suspicion required for officer to board boat Waterways and Dams - Boats, marine sanitation devices, allow periodic inspection according to regular schedule Boats and Boating - Boating law enforcement, reasonable suspicion required for officer to board boat Boats and Boating - Boats, marine sanitation devices, allow periodic inspection according to regular schedule Popular Names and Short Titles - Boater Freedom Act |
Amendment | House Floor Amendment 1 |
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Sponsor | B. Yonts |
Summary | Amend KRS 150.090 to put ultimate command and control of conservation officers and other persons appointed by the commisioner to enforce Chapter 150 under the Department of Kentucky State Police. |
Index Headings |
Environment and Conservation - Boats, marine sanitation devices, allow periodic inspection according to regular schedule Fish and Wildlife - Boating law enforcement, reasonable suspicion required for officer to board boat Inspections - Boats, marine sanitation devices, allow periodic inspection according to regular schedule Peace Officers and Law Enforcement - Boating law enforcement, reasonable suspicion required for officer to board boat Waterways and Dams - Boating law enforcement, reasonable suspicion required for officer to board boat Waterways and Dams - Boats, marine sanitation devices, allow periodic inspection according to regular schedule Boats and Boating - Boating law enforcement, reasonable suspicion required for officer to board boat Boats and Boating - Boats, marine sanitation devices, allow periodic inspection according to regular schedule Popular Names and Short Titles - Boater Freedom Act |
Amendment | House Floor Amendment 2 |
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Sponsor | B. Yonts |
Summary | Make title amendment. |
Index Headings |
Environment and Conservation - Boats, marine sanitation devices, allow periodic inspection according to regular schedule Fish and Wildlife - Boating law enforcement, reasonable suspicion required for officer to board boat Inspections - Boats, marine sanitation devices, allow periodic inspection according to regular schedule Peace Officers and Law Enforcement - Boating law enforcement, reasonable suspicion required for officer to board boat Waterways and Dams - Boating law enforcement, reasonable suspicion required for officer to board boat Waterways and Dams - Boats, marine sanitation devices, allow periodic inspection according to regular schedule Boats and Boating - Boating law enforcement, reasonable suspicion required for officer to board boat Boats and Boating - Boats, marine sanitation devices, allow periodic inspection according to regular schedule Popular Names and Short Titles - Boater Freedom Act |
Amendment | House Floor Amendment 3 |
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Sponsor | B. Yonts |
Summary | Retain original provisions, except on page 1, lines 12 through 13, revise requirement that an officer have a "reasonable and articulable suspicion" and require that an officer be able to provide specific and articulable facts which, taken together with rational inferences from those facts, demonstrate that a violation of the Kentucky Revised Statutes or an administrative regulation promulgated under Chapter 235 has occurred. |
Index Headings |
Environment and Conservation - Boats, marine sanitation devices, allow periodic inspection according to regular schedule Fish and Wildlife - Boating law enforcement, reasonable suspicion required for officer to board boat Inspections - Boats, marine sanitation devices, allow periodic inspection according to regular schedule Peace Officers and Law Enforcement - Boating law enforcement, reasonable suspicion required for officer to board boat Waterways and Dams - Boating law enforcement, reasonable suspicion required for officer to board boat Waterways and Dams - Boats, marine sanitation devices, allow periodic inspection according to regular schedule Boats and Boating - Boating law enforcement, reasonable suspicion required for officer to board boat Boats and Boating - Boats, marine sanitation devices, allow periodic inspection according to regular schedule Popular Names and Short Titles - Boater Freedom Act |
Amendment | House Floor Amendment 4 |
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Sponsor | B. Yonts |
Summary | Retain original provisions, except on page 1, line 13, revise requirement that an officer have a "reasonable and articulable suspicion" to include that a reasonable and articulable suspicion must be based upon specific and articulable facts which, taken together with rational inferences from those facts, demonstrate that a violation of the Kentucky Revised Statutes or an administrative regulation promulgated under Chapter 235 has occurred. |
Index Headings |
Environment and Conservation - Boats, marine sanitation devices, allow periodic inspection according to regular schedule Fish and Wildlife - Boating law enforcement, reasonable suspicion required for officer to board boat Inspections - Boats, marine sanitation devices, allow periodic inspection according to regular schedule Peace Officers and Law Enforcement - Boating law enforcement, reasonable suspicion required for officer to board boat Waterways and Dams - Boating law enforcement, reasonable suspicion required for officer to board boat Waterways and Dams - Boats, marine sanitation devices, allow periodic inspection according to regular schedule Boats and Boating - Boating law enforcement, reasonable suspicion required for officer to board boat Boats and Boating - Boats, marine sanitation devices, allow periodic inspection according to regular schedule Popular Names and Short Titles - Boater Freedom Act |
Last updated: 8/27/2019 6:52 PM (EDT)