14RS SB66
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SB66

14RS

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SB 66 (BR 130) - C. Girdler, W. Blevins Jr., J. Carpenter, P. Clark, S. Gregory, J. Schickel, J. Turner, R. Webb

     AN ACT relating to boating law enforcement.
    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.

SB 66 - AMENDMENTS


     SCS - 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.
     HCS - 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.
     HFA (1, B. Yonts) - 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.
     HFA (2/Title, B. Yonts) - Make title amendment.
     HFA (3, B. Yonts) - 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.
     HFA (4, B. Yonts) - 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.

     Jan 9-introduced in Senate
     Jan 15-to Judiciary (S)
     Feb 13-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 14-2nd reading, to Rules
     Feb 19-posted for passage in the Regular Orders of the Day for Thursday, February 20, 2014
     Feb 20-3rd reading, passed 35-0 with Committee Substitute
     Feb 21-received in House
     Feb 24-to Judiciary (H)
     Mar 17-posted in committee
     Mar 19-reported favorably, 1st reading, to Calendar with Committee Substitute ; floor amendment (1) filed to Committee Substitute
     Mar 20-2nd reading, to Rules; floor amendment (3) filed to Committee Substitute, floor amendment (2-title) filed
     Mar 24-floor amendment (4) filed to Committee Substitute ; floor amendments (1) and (2-title) withdrawn
     Mar 25-taken from Rules; placed in the Orders of the Day
     Mar 27-3rd reading, passed 80-13 with Committee Substitute, floor amendment (4) ; received in Senate
     Mar 31-to Rules (S); posted for passage for concurrence in House Committee Substitute, floor amendment (4) for Monday, March 31, 2014; Senate concurred in House Committee Substitute, floor amendment (4) ; passed 36-0; enrolled, signed by each presiding officer; delivered to Governor
     Apr 10-signed by Governor (Acts, ch. 109)

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