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HB429

10RS

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Includes opposite chamber sponsors where requested by primary sponsors of substantially similar bills in both chambers and jointly approved by the Committee on Committees of both chambers. Opposite chamber sponsors are represented in italics.


HB 429 (BR 9) - R. Damron, J. Bell, R. Nelson, T. Turner, K. Upchurch, B. Yonts

     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.

     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)

Vote History
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