| Last Action | 03/29/23: delivered to Secretary of State (Acts Ch. 139) |
|---|---|
| Title | AN ACT relating to the Department of Fish and Wildlife Resources, making an appropriation therefor, and declaring an emergency. |
| Bill Documents |
Acts Chapter 139
Current/Final Introduced |
| Fiscal Impact Statement | Fiscal Note |
| Bill Request Number | 1382 |
| Sponsors | R. Webb, S. Meredith, J. Carpenter, J. Schickel, D. Thayer, J. Turner |
| Summary of Original Version | Amend 2022 Ky. Acts ch. 197, sec. 11, to direct the Department of Fish and Wildlife Resources to make the conservation easement acquisitions required to be made under the section instead of the Finance and Administration Cabinet; delete the provision requiring the Finance and Administration Cabinet to procure outside counsel; provide that the conservation easement transfers not be subject to KRS 382.850 provided that the conservation easements stipulate that they will not inhibit coal mining operations; allow the Department of Fish and Wildlife Resources to work with third parties, contractors, and partners to perform the due diligence necessary to complete the transactions; move the closing date for the acquisitions back to June 30, 2024; provide that notwithstanding KRS 56.040, surveys for the lands involved in the transactions directed by the section may be completed after closing; require funds to be held in escrow to reconcile any differences in acreage of the lands once the surveys are completed; authorize the Department of Fish and Wildlife Resources to sign all necessary documents to complete the transactions; require the Finance and Administration Cabinet to deliver all documents relating to the due diligence it has already performed to the Department of Fish and Wildlife Resources on the effective date of the Act; allow the Department of Fish and Wildlife Resources to accept, via assignment, contracts that the Finance and Administration Cabinet has already entered into in the course of performing its due diligence; amend 2022 Kentucky Acts Chapter 199, Part I, Operating Budget, L. Tourism, Arts and Heritage Cabinet, 7. Fish and Wildlife Resources, (4) Kentucky Cumberland Forest Conservation Program, to provide that the $3,875,000 one-time allocation in fiscal year 2022-2023 to support the Kentucky Cumberland Forest Conservation Program shall not lapse and shall carry forward; amend KRS 45A.800 to add the Department of Fish and Wildlife Resources to several definitions for KRS Chapter 45A; amend KRS 45A.810 to create one or more engineering and engineering-related services section committees in the Department of Fish and Wildlife Resources and provide for the selection process for the members of the committees; amend KRS 45A.815, 45A.825, 45A.830, 45A.837 to conform; amend KRS 56.040 to require the Department of Fish and Wildlife Resources to provide for the examination and certification of title when acquiring an interest in land from state funds; amend KRS 150.022 to remove language relating to the removal of a member of the Fish and Wildlife Commission by the Governor; amend KRS 150.0242 to provide that the department shall not be subject to any provision of KRS Chapter 45A that requires Finance and Administration Cabinet approval for any part of its procurement process; require the department to promulgate administrative regulations on or before January 1, 2024 implementing procedures for the procurement of engineering services; amend KRS 150.120 to remove the requirement that the Governor and the Finance and Administration Cabinet approve of the department's sale of contraband; subject sales of contraband to audit by the Auditor of Public Accounts; amend KRS 150.152 to specify certain aspects of the audit of the department by the Auditor of Public Accounts; amend KRS 150.170 to provide for a five acre minimum for a resident owner of farmlands to be hunting and fishing license-exempt when fishing or hunting on their own lands; amend KRS 150.175 to change some department-issued license names and to remove the requirement that an applicant under the age of 16 get written consent from a parent before applying for a youth statewide hunting license; amend KRS 150.195 to remove the requirement that county clerks sell licenses and permits issued by the department; specify other entities authorized to sell licenses and permits issued by the department; make conforming changes; amend KRS 150.250 to remove the requirement that the Governor and the secretary of the Finance and Administration Cabinet approve before thedepartment can enter into a contract with the federal government; amend KRS 150.990 to conform; provide that the requirements of the Act apply to all procurements and acquisitions of interests in land undertaken by the department, including those commenced prior to the effective date of the Act; APPROPRIATION; EMERGENCY. |
| Index Headings of Original Version |
Fiscal Note - Department of Fish and Wildlife Resources, state public purchasing unit, state contracts, inclusion Deeds and Conveyances - Department of Fish and Wildlife Resources, Cumberland Forest, conservation easement acquisitions Effective Dates, Emergency - Department of Fish and Wildlife Resources, Cumberland Forest, conservation easement acquisitions Environment and Conservation - Department of Fish and Wildlife Resources, Cumberland Forest, conservation easement acquisitions Financial Responsibility - Department of Fish and Wildlife Resources, engineering services, procurement procedure Fish and Wildlife - Department of Fish and Wildlife Resources, Cumberland Forest, conservation easement acquisitions Governor - Fish and Wildlife contraband sale and federal contracting, no Governor approval Licensing - Department of Fish and Wildlife Resources, license and permit sales, authorized agents Purchasing - Department of Fish and Wildlife Resources, engineering services, procurement procedure Real Estate - Department of Fish and Wildlife Resources, Cumberland Forest, conservation easement acquisitions State Agencies - Department of Fish and Wildlife Resources, Cumberland Forest, conservation easement acquisitions State Agencies - Department of Fish and Wildlife Resources, engineering services, procurement procedure Hunting and Fishing - Department of Fish and Wildlife Resources, Cumberland Forest, conservation easement acquisitions Hunting and Fishing - Department of Fish and Wildlife Resources, license and permit sales, authorized agents Administrative Regulations and Proceedings - Department of Fish and Wildlife Resources, engineering services procurement, January 1, 2024 Appropriations - Department of Fish and Wildlife Resources, Cumberland Forest conservation easements, appropriation Auditor of Public Accounts - Department of Fish and Wildlife Resources, audit, requirements |
| Jump to Proposed Amendments |
Senate Committee Substitute 1 Senate Floor Amendment 1 |
| Votes | Vote History |
| Governor's Veto Message | Veto |
| 02/21/23 |
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|---|---|
| 02/23/23 |
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| 03/01/23 |
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| 03/02/23 |
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| 03/03/23 |
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| 03/07/23 |
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| 03/09/23 |
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| 03/10/23 |
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| 03/16/23 |
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| 03/24/23 |
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| 03/29/23 |
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| Amendment | Senate Committee Substitute 1 |
|---|---|
| Summary | Retain original provisions; amend KRS 45A.295 to include the Department of Fish and Wildlife Resources in the definition of "state public purchasing unit"; amend KRS 45A.300 to prohibit the Finance and Administration Cabinet from excluding the Department of Fish and Wildlife Resources from any contracts available to multiple state agencies for the procurement of goods or services; require that appointees for vacancies for unexpired terms for the Fish and Wildlife Resources Commission be subject to Senate confirmation; reinstate requirement that county clerks sell Department of Fish and Wildlife Resources' licenses and permits. |
| Index Headings |
County Clerks - Sale of fish and wildlife permits and licenses, county clerks, requirement Financial Responsibility - Department of Fish and Wildlife Resources, state public purchasing unit, state contracts, inclusion Fish and Wildlife - Department of Fish and Wildlife Resources, state public purchasing unit, state contracts, inclusion Purchasing - Department of Fish and Wildlife Resources, state public purchasing unit, state contracts, inclusion State Agencies - Department of Fish and Wildlife Resources, state public purchasing unit, state contracts, inclusion Confirmation of Appointments - Fish and Wildlife Resources Commission, vacancies for unexpired terms, Senate confirmation |
| Amendment | Senate Floor Amendment 1 |
|---|---|
| Sponsor | R. Webb |
| Summary | Provide that the conservation easement transfers directed by the Act shall not be subject to KRS 382.850, provided that the conservation easements stipulate that they will not inhibit oil and gas exploration or production activities. |
| Index Headings |
Deeds and Conveyances - Cumberland Forest, conservation easement acquisitions, oil and gas rights, preservation Environment and Conservation - Cumberland Forest, conservation easement acquisitions, oil and gas rights, preservation Oil and Natural Gas - Cumberland Forest, conservation easement acquisitions, oil and gas rights, preservation |
Last updated: 11/9/2023 3:03 PM (EST)