Kentucky 2020 Regular Session Status: Passed House

HB 485 — AN ACT relating to enforcement and shared enforcement of Department of Fish and Wildlife Resources with Kentucky Department of Agriculture and making an appropriation therefor.

Last action — to Natural Resources & Energy (S)

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2020 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

801 added · 471 removed

801 line(s) added, 471 removed.

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UNOFFICIAL COPY 20 RS BR 1144 AN ACT relating to Fish and Wildlife law enforcement and making an appropriation therefor.
UNOFFICIAL COPY 20 RS HB 485/GA AN ACT relating to enforcement and shared enforcement of Department of Fish and Wildlife Resources with Kentucky Department of Agriculture and making an appropriation therefor.
(b) Within a local jurisdiction, upon the written request of the head of the local law enforcement agency identifying a specific event and time frame for which assistance is requested;
(b) Within a local jurisdiction, upon the written request of the head of the local law enforcement agency identifying a specific event and time frame for which Page 1 of 27 HB048510.100 - 1144 - XXXX GA UNOFFICIAL COPY 20 RS HB 485/GA assistance is requested;
and Page 1 of 16 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1144 (c) Within the Commonwealth, upon the written request of the commissioner of the Department of Kentucky State Police identifying a specific event and time frame for which assistance is requested.
and (c) Within the Commonwealth, upon the written request of the commissioner of the Department of Kentucky State Police identifying a specific event and time frame for which assistance is requested.
KRS 150.160 is amended to read as follows:
Sixty percent (60%) of a fine imposed for the violation of this chapter or KRS Chapter 235 shall, when collected, be paid into the game and fish fund.
If a court imposes no fine but does assess court costs to the party charged with an alleged violation of this chapter or KRS Chapter 235, then ten dollars ($10) from court costs collected shall be diverted to the game and fish fund.
Section 3.
(3) A resident commercial fishing license and a nonresident commercial fishing license, which authorize a holder to perform any act authorized by a sport fishing license Page 2 of 16 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1144 and to take rough fishes from the waters of the state by the use of commercial fishing gear as prescribed by administrative regulation.
(3) A resident commercial fishing license and a nonresident commercial fishing license, which authorize a holder to perform any act authorized by a sport fishing license and to take rough fishes from the waters of the state by the use of commercial fishing gear as prescribed by administrative regulation.
(4) A commercial fishing gear tag, which shall be attached to each piece of commercial fishing gear including hoop nets, slat traps, trotline, wing nets, and to each one hundred (100) feet of linear gear or portion thereof in use, including commercial seines, gill nets, or trammel nets.
(4) A commercial fishing gear tag, which shall be attached to each piece of commercial Page 2 of 27 HB048510.100 - 1144 - XXXX GA UNOFFICIAL COPY 20 RS HB 485/GA fishing gear including hoop nets, slat traps, trotline, wing nets, and to each one hundred (100) feet of linear gear or portion thereof in use, including commercial seines, gill nets, or trammel nets.
Page 3 of 16 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1144 (10) A taxidermist license, which authorizes the holder to engage in the act of preparing, stuffing, and mounting the skins, bones, and other remains of wildlife;
(10) A taxidermist license, which authorizes the holder to engage in the act of preparing, stuffing, and mounting the skins, bones, and other remains of wildlife;
(12) Fur buyer's licenses, resident and nonresident, which authorize the holder to buy raw furs from licensed trappers and hunters and to sell raw furs so purchased.
Page 3 of 27 HB048510.100 - 1144 - XXXX GA UNOFFICIAL COPY 20 RS HB 485/GA (12) Fur buyer's licenses, resident and nonresident, which authorize the holder to buy raw furs from licensed trappers and hunters and to sell raw furs so purchased.
With the single day permit, the permit is valid for one (1) day and all participants shall have a valid resident or nonresident annual Kentucky Page 4 of 16 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1144 hunting license.
With the single day permit, the permit is valid for one (1) day and all participants shall have a valid resident or nonresident annual Kentucky hunting license.
(17) Game permits and junior game permits, which, in combination with a valid statewide hunting license or a valid junior statewide hunting license, authorize the holder to take or pursue the specified game species in any designated open area of this state, during the open season and according to the provisions of the laws and administrative regulations governing the hunting;
(17) Game permits and junior game permits, which, in combination with a valid Page 4 of 27 HB048510.100 - 1144 - XXXX GA UNOFFICIAL COPY 20 RS HB 485/GA statewide hunting license or a valid junior statewide hunting license, authorize the holder to take or pursue the specified game species in any designated open area of this state, during the open season and according to the provisions of the laws and administrative regulations governing the hunting;
(24) A pay lake license which authorizes the holder to operate privately owned Page 5 of 16 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1144 impounded waters for fishing purposes for which a fee is charged;
(24) A pay lake license which authorizes the holder to operate privately owned impounded waters for fishing purposes for which a fee is charged;
(25) A senior combination hunting and fishing license, which authorizes the holder to perform all acts valid under a sport fishing license, a sport hunting license, or a state permit to take deer, turkey, trout, waterfowl, or migratory shore or upland game birds, and which shall be available to a Kentucky resident who is sixty-five (65) years of age or older.
(25) A senior combination hunting and fishing license, which authorizes the holder to perform all acts valid under a sport fishing license, a sport hunting license, or a state permit to take deer, turkey, trout, waterfowl, or migratory shore or upland game birds, and which shall be available to a Kentucky resident who is sixty-five (65) Page 5 of 27 HB048510.100 - 1144 - XXXX GA UNOFFICIAL COPY 20 RS HB 485/GA years of age or older.
The disabled combination license shall not be valid unless the holder carries proof of residency and proof of disability, as the department may require by Page 6 of 16 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1144 administrative regulation, on his or her person while performing an act authorized by the license;
The disabled combination license shall not be valid unless the holder carries proof of residency and proof of disability, as the department may require by administrative regulation, on his or her person while performing an act authorized by the license;
and (29) A special license for residents and nonresidents for the purpose of hunting on licensed shooting areas.
and Page 6 of 27 HB048510.100 - 1144 - XXXX GA UNOFFICIAL COPY 20 RS HB 485/GA (29) A special license for residents and nonresidents for the purpose of hunting on licensed shooting areas.
Section 3.
KRS 150.460 is amended to read as follows:
(1) No person, firm or corporation, whether acting in a private or public capacity, shall place or cause to be placed in any public waters any substance that might injure, interfere with, or cause the waters to be unfit for the support of wildlife.
When any employee of a person, firm or corporation, in the course of his employment, places or causes to be placed any such substance in any public waters, his act shall be prima facie evidence of the guilt of both the employee and the employer, and either one (1) or both may be punished as provided in subsection (7) of KRS 150.990.
Each day that this section is violated shall constitute a separate offense.
This section does not apply to employees or agents of the department acting in an official capacity.
(2) No person shall use, or attempt to use any electrical device, fish-finding devices excepted, of any type, such as telephone, or electrical leads from a magneto, or Page 7 of 27 HB048510.100 - 1144 - XXXX GA UNOFFICIAL COPY 20 RS HB 485/GA battery, or motor, or any other type of electrical equipment, in any stream or body of water.
This does not prevent the authorized employees or agents of the department from using this or any devices in research or investigational work.
(3) No person, except employees or agents of the department, shall willfully place or attempt to place in any of the public waters of the state any substance which has a poisonous or intoxicating effect upon wildlife.
(4) No person shall kill, injure, shock, or stun or attempt to kill, injure, shock, or stun any fishes by any explosive agent, firearm, or other device.
This provision shall not apply to employees or agents of the department acting in an official capacity.
KRS 150.740 is amended to read as follows:
(1) There shall be a ban on the importation of live members of the animal family Cervidae into the Commonwealth that have not been subject to a program of surveillance and identification for cervid chronic wasting disease (CWD) that meets or exceeds:
(a) The requirements of the Kentucky Cervid CWD Surveillance and Identification (CCWDSI) Program set forth in this section and in administrative regulations promulgated by the Kentucky Department of Agriculture;
and (b) Any other health requirements as regulated by the Kentucky Department of Agriculture or the United States Department of Agriculture for cervids.
(2) The Kentucky Department of Agriculture shall be responsible for authorizing importation of the members of the animal family Cervidae into the Commonwealth that have been subject to a program of surveillance and identification for cervid CWD that meets or exceeds:
(a) The requirements of the Kentucky CCWDSI Program set forth in this section and in administrative regulations promulgated by the Kentucky Department of Agriculture;
and Page 8 of 27 HB048510.100 - 1144 - XXXX GA UNOFFICIAL COPY 20 RS HB 485/GA (b) Any other health requirements as regulated by the Kentucky Department of Agriculture or the United States Department of Agriculture for cervids.
(3) Members of the animal family Cervidae shall not be eligible for importation into the Commonwealth unless the program of surveillance and identification for cervid CWD to which they have been subject:
(a) Has been certified by the exporting state's state veterinarian or agency having jurisdiction over that state's surveillance and identification program;
(b) Has been approved by the Kentucky state veterinarian as meeting or exceeding the standards imposed under the Kentucky CCWDSI Program;
and (c) Meets, at minimum, the following requirements:
1.
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The program shall require cervid owners to obtain identification and laboratory diagnosis from brain tissue as directed by the exporting state's state veterinarian or agency with jurisdiction for cervids six (6)[twelve (12)] months of age or greater that:
a.
Display clinical signs of CWD;
b.
Die, including deaths by slaughter or by hunting, including hunting on hunting preserves;
or c.
Are ill or injured regardless of whether the illness or injury results in death;
and 2.
The program shall require cervid owners to obtain cervids from herds that have been monitored for at least five (5) years and that have complied with the standards contained in the Kentucky CCWDSI Program.
(4) Cervids originating from a state that has reported a confirmed case of CWD in wild or captive cervids shall not be imported into Kentucky until The United States Department of Agriculture approves:
(a) Regulations that allow importation from those states;
and Page 9 of 27 HB048510.100 - 1144 - XXXX GA UNOFFICIAL COPY 20 RS HB 485/GA (b) A live test for CWD that is available for live testing of cervids.
(5) Importation of members of the animal family Cervidae into the Commonwealth shall be consistent with this section and with administrative regulations promulgated by the Kentucky Department of Agriculture in cooperation with the Kentucky Department of Fish and Wildlife Resources.
(6) A person shall be guilty of a Class D felony upon conviction for violating this section.
Upon conviction of a second violation of this section and in addition to all other penalties, a person shall be permanently ineligible for renewal of a captive cervid permit.
On or before November 1 of each year, the Department of Fish and Wildlife Resources and the Department of Agriculture, Office of the State Veterinarian, respectively shall issue reports to the Interim Joint Committee on Agriculture and the Interim Joint Committee on Natural Resources and Environment on the status of chronic wasting disease, and the reports may include the status of other animal or wildlife diseases in Kentucky and the United States.
The reports shall be used for the purpose of determining the need for modifications to the statutory ban on the importation of cervids into the Commonwealth.
(7) The Department of Fish and Wildlife Resources shall have the authority to immediately, and without compensation to the owner, seize captive cervids that have been imported into the Commonwealth contrary to this section.
The individual whose cervids were seized may request an administrative hearing pursuant to KRS Chapter 13B within thirty (30) days of the department's seizure and may appeal the final decision to Franklin Circuit Court in accordance with KRS Chapter 13B.
Pending the final outcome of all appeals, the seized cervids may be disposed of by the department without compensation to the owner.
(8) The department shall have the authority to immediately, and without compensation to the owner, seize and destroy captive cervids that are in the process of being imported into the Commonwealth contrary to this section.
Page 10 of 27 HB048510.100 - 1144 - XXXX GA UNOFFICIAL COPY 20 RS HB 485/GA (9) [A captive cervid originating from outside the Commonwealth of Kentucky which is in transit, as defined in KRS 150.725 and which is being transported through the Commonwealth to another state or nation of destination shall meet the entry requirements of the state or nation of destination.
(10) ]A person intending to transport a captive cervid shall comply with the relevant provisions of this subsection:
(a) 1.
A person shall obtain an interstate hauler's permit from the Office of the State Veterinarian before transporting a captive cervid from any location outside Kentucky into Kentucky.
2.
The Office of the State Veterinarian shall issue an interstate hauler's permit to qualified applicants who pay a licensing fee of one hundred dollars ($100).
3.
The interstate hauler's permit shall expire on December 31 of the year in which it was issued;
(b) 1.
A person shall obtain an in-state hauler's permit from the Office of the State Veterinarian before engaging in the business of transporting a captive cervid from any location in Kentucky to another location in Kentucky, or performing such services in exchange for compensation.
2.
No permit shall be required for a person transporting his or her own captive cervids from one (1) location in Kentucky to another location in Kentucky.
3.
The Office of the State Veterinarian shall issue a permit under this section to a qualified applicant who pays a licensing fee of one hundred dollars ($100).
4.
An in-state hauler's permit shall expire on December 31 of the year in which it was issued;
(c) The Office of the State Veterinarian shall not issue an in-state hauler's Page 11 of 27 HB048510.100 - 1144 - XXXX GA UNOFFICIAL COPY 20 RS HB 485/GA permit to any person with an unpaid fine or fee that is owed to the Kentucky Department of Agriculture or the Department of Fish and Wildlife Resources;
(d) Parties receiving an interstate or in-state hauler's permit from the Office of the State Veterinarian shall provide that office with a report that specifies:
1.
The dates transport will begin and end;
2.
The number of living cervids loaded for transport and the number of living cervids unloaded at the end of transport;
3.
The tag number, brand, or other identification designation of each cervid transported;
4.
The specific route taken during transport of the cervids and a list of the location of each stop, other than a traffic stop, that was taken during transit of the route;
and 5.
Any other information the Office of the State Veterinarian may promulgate by administrative regulations for issuance of an interstate or in-state hauler's permit.
The Office of the State Veterinarian shall also create an application form to collect the reported information specified in this paragraph.
Once a permit is granted, the Office of the State Veterinarian shall immediately transmit an electronic copy of the issued permit and application form to the Department of Fish and Wildlife Resources;
and (e) A person intending to transport a captive cervid originating from outside the Commonwealth of Kentucky which is in transit, as defined in KRS 150.725, through the Commonwealth to another state or nation of destination shall[through Kentucky shall], prior to the captive cervid Page 12 of 27 HB048510.100 - 1144 - XXXX GA UNOFFICIAL COPY 20 RS HB 485/GA entering Kentucky, obtain a transportation permit from the Office of the State Veterinarian in lieu of an interstate or in-state permit.
The transportation[This] permit shall specify that:
1.[ (a)] A captive cervid being transported meets the entry requirements of the state or nation to which it is being conveyed;
2.
A captive cervid being transported through Kentucky shall not remain in Kentucky for more than twenty-four (24) hours from the time of entry and, if this requirement cannot be met once the animal is in Kentucky, the Office of the State Veterinarian shall be contacted to secure a variance to the transportation permit;
3.[(b)] A captive cervid being transported through Kentucky shall not leave the transport vehicle while in Kentucky;
and 4.[(c)] The person transporting the captive cervid through Kentucky shall follow the routes specified in the transport permit, if this requirement cannot be met once the animal is in Kentucky, the Office of the State Veterinarian shall be contacted to secure a variance to the transportation permit.
Section 5.
(2) (a) Any person who fails to appear pursuant to a citation or summons issued by a conservation officer or peace officer of this Commonwealth for violation of Page 7 of 16 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1144 this chapter or any administrative regulation promulgated thereunder shall forfeit his or her license or, if that person is license-exempt, shall forfeit the privilege to perform the acts authorized by the license.
(2) (a) Any person who fails to appear pursuant to a citation or summons issued by a conservation officer or peace officer of this Commonwealth for violation of this chapter or any administrative regulation promulgated thereunder shall forfeit his or her license or, if that person is license-exempt, shall forfeit the Page 13 of 27 HB048510.100 - 1144 - XXXX GA UNOFFICIAL COPY 20 RS HB 485/GA privilege to perform the acts authorized by the license.
(3) (a) Except as provided in paragraph (6) of this subsection,any person who violates any of the provisions of KRS 150.120, 150.170, 150.235(1), 150.280(1), 150.320, 150.330(2), 150.355, 150.362, 150.400, 150.410, 150.415, 150.416, 150.445, 150.450, 150.470, 150.603, or 150.722(2), or any of the provisions of this chapter or any administrative regulation promulgated by the commission for which no definite fine or imprisonment is fixed shall be Page 8 of 16 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1144 fined not less than one hundred[fifty] dollars ($100[$50]) nor more than one thousand[five hundred] dollars ($1,000[$500]).
(3) (a) Except as provided in paragraph (6) of this subsection, any person who violates any of the provisions of KRS 150.120, 150.170, 150.235(1), 150.280(1), 150.320, 150.330(2), 150.355, 150.362, 150.400, 150.410, 150.415, 150.416, 150.445, 150.450, 150.470, 150.603, or 150.722(2), or any of the provisions of this chapter or any administrative regulation promulgated by the commission for which no definite fine or imprisonment is fixed shall be fined not less than one hundred[fifty] dollars ($100[$50]) nor more than one thousand[five hundred] dollars ($1,000[$500]).
(b) Any person who violates the provisions of KRS 150.170 by failing to obtain a valid resident or nonresident commercial fishing license, a nonresident commercial fishing license for Asian carp and scaled rough fish plus ten nonresident gear tags, a commercial taxidermist license, or a resident or nonresident commercial guide license shall be fined a sum no less than three (3) times the current price of an appropriate license as established by administrative regulations by the department.
Page 14 of 27 HB048510.100 - 1144 - XXXX GA UNOFFICIAL COPY 20 RS HB 485/GA (b) Any person who violates the provisions of KRS 150.170 by failing to obtain a valid resident or nonresident commercial fishing license, a nonresident commercial fishing license for Asian carp and scaled rough fish plus ten (10) nonresident gear tags, a commercial taxidermist license, or a resident or nonresident commercial guide license shall be fined a sum no less than three (3) times the current price of an appropriate license as established by administrative regulations promulgated by the department.
(7) Any person who violates any of the provisions of KRS 150.235(3) or (4) or Page 9 of 16 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1144 150.280(2) shall be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) or imprisoned for not more than six (6) months, or both.
(7) Any person who violates any of the provisions of KRS 150.235(3) or (4) or 150.280(2) shall be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) or imprisoned for not more than six (6) months, or Page 15 of 27 HB048510.100 - 1144 - XXXX GA UNOFFICIAL COPY 20 RS HB 485/GA both.
(11)[(10)] Any person who violates any of the provisions of KRS 150.4111, 150.640, or KRS 150.450(2) or (3) shall be fined not less than two[one] hundred dollars Page 10 of 16 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1144 ($200[$100]) nor more than two[one] thousand dollars ($2,000[$1,000]).
(11)[(10)] Any person who violates any of the provisions of KRS 150.4111, 150.640, or KRS 150.450(2) or (3) shall be fined not less than two[one] hundred dollars ($200[$100]) nor more than two[one] thousand dollars ($2,000[$1,000]).
(12)[(11)] Any person who violates any of the provisions of KRS 150.390 or KRS 150.092(4) shall be fined not less than two[one] hundred dollars ($200[$100]) nor more than two[one] thousand dollars ($2,000[$1,000]) or imprisoned for not less than thirty (30) days nor more than one (1) year, or both.
(12)[(11)] Any person who violates any of the provisions of KRS 150.390 or KRS Page 16 of 27 HB048510.100 - 1144 - XXXX GA UNOFFICIAL COPY 20 RS HB 485/GA 150.092(4) shall be fined not less than two[one] hundred dollars ($200[$100]) nor more than two[one] thousand dollars ($2,000[$1,000]) or imprisoned for not less than thirty (30) days nor more than one (1) year, or both.
(13)[(12)] Any person who violates any of the provisions of KRS 150.090 other than a criminal homicide or an assault against an officer enforcing the provisions of this Page 11 of 16 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1144 chapter, KRS Chapter 235, or the administrative regulations issued thereunder shall be guilty of a Class A misdemeanor.
(13)[(12)] Any person who violates any of the provisions of KRS 150.090 other than a criminal homicide or an assault against an officer enforcing the provisions of this chapter, KRS Chapter 235, or the administrative regulations issued thereunder shall be guilty of a Class A misdemeanor.
(14)[(13)] Any person who commits a criminal homicide or an assault against an officer enforcing the provisions of this chapter, KRS Chapter 235, or the administrative regulations issued thereunder shall be subject to the penalties specified for the offense under KRS Chapter 507 or 508, as appropriate.
Page 17 of 27 HB048510.100 - 1144 - XXXX GA UNOFFICIAL COPY 20 RS HB 485/GA (14)[(13)] Any person who commits a criminal homicide or an assault against an officer enforcing the provisions of this chapter, KRS Chapter 235, or the administrative regulations issued thereunder shall be subject to the penalties specified for the offense under KRS Chapter 507 or 508, as appropriate.
(16)[(15)] Any person who violates the provisions of KRS 150.092 or the administrative regulations promulgated thereunder for which no other penalty is specified elsewhere in this section shall for the first offense be fined not less than two[one] hundred dollars (200[$100]) nor more than six[three] hundred dollars (600[$300]);
(16)[(15)] Any person who violates the provisions of KRS 150.092 or the administrative regulations promulgated thereunder for which no other penalty is specified elsewhere in this section shall for the first offense be fined not less than two[one] hundred dollars ($200[$100]) nor more than six[three] hundred dollars ($600[$300]);
(17)[(16)] (a) Any person who knowingly violates KRS 150.361 shall for a first offense be fined not less than two[one] hundred dollars ($200[$100]) nor more than two[one] thousand dollars ($2,000[$1,000]) or be imprisoned in the Page 12 of 16 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1144 county jail for not more than six (6) months, or both.
(17)[(16)] (a) Any person who knowingly violates KRS 150.361 shall for a first offense be fined not less than two[one] hundred dollars ($200[$100]) nor more than two[one] thousand dollars ($2,000[$1,000]) or be imprisoned in the county jail for not more than six (6) months, or both.
(b) Any person who knowingly violates KRS 150.361 shall for a second or subsequent offense be fined not less than one thousand[five hundred] dollars ($1,000[$500]) nor more than three[one] thousand [five hundred ]dollars ($3,000[$1,500]) or be imprisoned in the county jail for not more than six (6) months, or both.
(b) Any person who knowingly violates KRS 150.361 shall for a second or Page 18 of 27 HB048510.100 - 1144 - XXXX GA UNOFFICIAL COPY 20 RS HB 485/GA subsequent offense be fined not less than one thousand[five hundred] dollars ($1,000[$500]) nor more than three[one] thousand [five hundred ]dollars ($3,000[$1,500]) or be imprisoned in the county jail for not more than six (6) months, or both.
Section 5.
Section 6.
After July 15, 2000, any person who Page 13 of 16 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1144 violates KRS 235.230 shall be fined not less than fifteen dollars ($15) nor more than one hundred dollars ($100).
After July 15, 2000, any person who violates KRS 235.230 shall be fined not less than fifteen dollars ($15) nor more than one hundred dollars ($100).
Each [and each] day the violation continues may constitute a separate offense.
Each[ and each] day the violation continues may Page 19 of 27 HB048510.100 - 1144 - XXXX GA UNOFFICIAL COPY 20 RS HB 485/GA constitute a separate offense.
(2) Any person who violates KRS 235.240(2) shall not be subject to the penalties of KRS Chapter 189A but shall be guilty of a separate offense and subject to:[ ] (a) A fine of two hundred dollars ($200) to two hundred fifty dollars ($250) or imprisonment for twenty-four (24) hours for the first offense, or both;[, ] (b) A fine of three hundred fifty dollars ($350) to five hundred dollars ($500) or imprisonment for forty-eight (48) hours for the second offense, or both;[,] and (c) A fine of six hundred dollars ($600) to one thousand dollars ($1,000) and/or imprisonment in the county jail for not less than thirty (30) days[, or both,] for the third or subsequent offense.
(2) Any person who violates KRS 235.240(2) shall not be subject to the penalties of KRS Chapter 189A but shall be guilty of a separate offense and subject to:[ ] (a) A fine of two hundred dollars ($200) to two hundred fifty dollars ($250) or imprisonment for twenty-four (24) hours for the first offense, or both.
A person who refuses[Refusal] to submit to a breath alcohol analysis or similar test in violation of KRS 235.240(3) shall be subject to a civil penalty within the range of the fines allowed by paragraph (a) of this subsection)[deemed an offense].
If the person refuses to submit to a breath alcohol analysis or similar test in violation of KRS 235.240(3), the fine shall be five hundred dollars ($500);[, ] (b) A fine of three hundred fifty dollars ($350) to five hundred dollars ($500) or imprisonment for forty-eight (48) hours for the second offense, or both.
If the person refuses to submit to a breath alcohol analysis or similar test in violation of KRS 235.240(3), the fine shall be one thousand dollars ($1,000);[ ,] and (c) A fine of six hundred dollars ($600) to one thousand dollars ($1,000) or imprisonment in the county jail for not less than thirty (30) days[, or both,] for the third or subsequent offense.
If the person refuses to submit to a breath alcohol analysis or similar test in violation of KRS 235.240(3), the fine shall be two thousand dollars ($2,000)[ Refusal to submit to a breath alcohol analysis or similar test in violation of KRS 235.240(3) shall be deemed an offense].
(b) A person shall, in addition to the penalties of subsection (2) of this section, be required to take a safe-boating course offered by the department and to present the court a certificate documenting successful completion of the course.
(b) A person shall, in addition to the penalties of subsection (2) of this section, be required to take a safe-boating course offered by the department and to present Page 20 of 27 HB048510.100 - 1144 - XXXX GA UNOFFICIAL COPY 20 RS HB 485/GA the court a certificate documenting successful completion of the course.
Page 14 of 16 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1144 (4) After July 15, 2000, any person who violates KRS 235.420 or 235.430 shall be fined not less than fifteen dollars ($15) nor more than one hundred dollars ($100).
(4) After July 15, 2000, any person who violates KRS 235.420 or 235.430 shall be fined not less than fifteen dollars ($15) nor more than one hundred dollars ($100).
Section 6.
Page 21 of 27 HB048510.100 - 1144 - XXXX GA UNOFFICIAL COPY 20 RS HB 485/GA Section 7.
KRS 150.460 is amended to read as follows:
KRS 257.550 is amended to read as follows:
(1) No person, firm or corporation, whether acting in a private or public capacity, shall place or cause to be placed in any public waters any substance that might injure, interfere with, or cause the waters to be unfit for the support of wildlife.
(1) There shall be a ban on the importation of live members of the animal family Cervidae into the Commonwealth that have not been subject to a program of surveillance and identification for cervid chronic wasting disease (CWD) that meets or exceeds:
When any Page 15 of 16 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1144 employee of a person, firm or corporation, in the course of his employment, places or causes to be placed any such substance in any public waters, his act shall be prima facie evidence of the guilt of both the employee and the employer, and either one (1) or both may be punished as provided in subsection (8)[(7)] of KRS 150.990.
(a) The requirements of the Kentucky Cervid CWD Surveillance and Identification (CCWDSI) Program set forth in this section and in administrative regulations promulgated by the Kentucky Department of Agriculture;
Each day that this section is violated shall constitute a separate offense.
and (b) Any other health requirements as regulated by the Kentucky Department of Agriculture or the United States Department of Agriculture for cervids.
This section does not apply to employees or agents of the department acting in an official capacity.
(2) The Kentucky Department of Agriculture shall be responsible for authorizing importation of the members of the animal family Cervidae into the Commonwealth that have been subject to a program of surveillance and identification for cervid CWD that meets or exceeds:
(2) No person shall use, or attempt to use any electrical device, fish-finding devices excepted, of any type, such as telephone, or electrical leads from a magneto, or battery, or motor, or any other type of electrical equipment, in any stream or body of water.
(a) The requirements of the Kentucky CCWDSI Program set forth in this section and in administrative regulations promulgated by the Kentucky Department of Agriculture;
This does not prevent the authorized employees or agents of the department from using this or any devices in research or investigational work.
and (b) Any other health requirements as regulated by the Kentucky Department of Agriculture or the United States Department of Agriculture for cervids.
(3) No person, except employees or agents of the department, shall willfully place or attempt to place in any of the public waters of the state any substance which has a poisonous or intoxicating effect upon wildlife.
(3) Members of the animal family Cervidae shall not be eligible for importation into the Commonwealth unless the program of surveillance and identification for cervid CWD to which they have been subject:
(4) No person shall kill, injure, shock, or stun or attempt to kill, injure, shock, or stun any fishes by any explosive agent, firearm, or other device.
(a) Has been certified by the exporting state's state veterinarian or agency having jurisdiction over that state's surveillance and identification program;
This provision shall not apply to employees or agents of the department acting in an official capacity.
(b) Has been approved by the Kentucky state veterinarian as meeting or exceeding the standards imposed under the Kentucky CCWDSI Program;
Page 16 of 16 XXXX Jacketed
and Page 22 of 27 HB048510.100 - 1144 - XXXX GA UNOFFICIAL COPY 20 RS HB 485/GA (c) Meets, at a minimum, the following requirements:
1.
The program shall require cervid owners to obtain identification and laboratory diagnosis from brain tissue as directed by the exporting state's state veterinarian or agency with jurisdiction for cervids six (6)[twelve (12)] months of age or greater that:
a.
Display clinical signs of CWD;
b.
Die, including deaths by slaughter or by hunting, including hunting on hunting preserves;
or c.
Are ill or injured, regardless of whether the illness or injury results in death;
and 2.
The program shall require cervid owners to obtain cervids from herds that have been monitored for at least five (5) years and that have complied with the standards contained in the Kentucky CCWDSI Program.
(4) Cervids originating from a state that has reported a confirmed case of CWD in wild or captive cervids shall not be imported into Kentucky until the United States Department of Agriculture approves:
(a) Regulations that allow importation from states with confirmed cases of CWD;
and (b) A live test for CWD that is available for live testing of cervids.
(5) Importation of members of the animal family Cervidae into the Commonwealth shall be consistent with this section and with administrative regulations promulgated by the Kentucky Department of Agriculture in cooperation with the Kentucky Department of Fish and Wildlife Resources.
(6) A person shall be guilty of a Class D felony upon conviction for violating this section.
Upon conviction of a second violation of this section and in addition to all other penalties, a person shall be permanently ineligible for renewal of a Page 23 of 27 HB048510.100 - 1144 - XXXX GA UNOFFICIAL COPY 20 RS HB 485/GA captive cervid permit.
On or before November 1 of each year, the Department of Fish and Wildlife Resources and the Department of Agriculture, Office of the State Veterinarian, respectively shall issue reports to the Interim Joint Committee on Agriculture and the Interim Joint Committee on Natural Resources and Environment on the status of chronic wasting disease, and the reports may include the status of other animal or wildlife diseases in Kentucky and the United States.
The reports shall be used for the purpose of determining the need for modifications to the statutory ban on the importation of cervids into the Commonwealth.
(7) The Department of Fish and Wildlife Resources shall have the authority to immediately, and without compensation to the owner, seize captive cervids that have been imported into the Commonwealth contrary to this section.
The individual whose cervids were seized may request an administrative hearing pursuant to KRS Chapter 13B within thirty (30) days of the department's seizure and may appeal the final decision to Franklin Circuit Court in accordance with KRS Chapter 13B.
Pending the final outcome of all appeals, the seized cervids may be disposed of by the department without compensation to the owner.
(8) The Department of Fish and Wildlife Resources shall have the authority to immediately, and without compensation to the owner, seize and destroy captive cervids that are in the process of being imported into the Commonwealth contrary to this section.
(9) A person intending to transport a captive cervid shall comply with the relevant provisions of this subsection:
(a) 1.
A person shall obtain an interstate hauler's permit from the Office of the State Veterinarian before transporting captive cervid from any location outside Kentucky into Kentucky.
2.
The Office of the State Veterinarian shall issue an interstate hauler's Page 24 of 27 HB048510.100 - 1144 - XXXX GA UNOFFICIAL COPY 20 RS HB 485/GA permit to qualified applicants who pay a licensing fee of one hundred dollars ($100).
3.
The interstate hauler's permit shall expire on December 31 of the year in which it was issued;
(b) 1.
A person shall obtain an in-state hauler's permit from the Office of the State Veterinarian before engaging in the business of transporting a captive cervid from any location in Kentucky to another location in Kentucky, or perform such services in exchange for compensation.
2.
No permit shall be required for a person transporting his or her own captive cervids from one (1) location in Kentucky to another location in Kentucky.
3.
The Office of the State Veterinarian shall issue an in-state hauler's permit to a qualified applicant who pays a licensing fee of one hundred dollars ($100).
4.
An in-state hauler's permit shall expire on December 31 of the year in which it was issued;
(c) The Office of the State Veterinarian shall not issue an in-state hauler's permit to any person with an unpaid fine or fee that is owed to the Kentucky Department of Agriculture or the Department of Fish and Wildlife Resources;
(d) Parties receiving an interstate or in-state hauler's permit from the Office of the State Veterinarian shall provide that office with a report that specifies:
1.
The dates transport will begin and end;
2.
The number of living cervids loaded for transport and the number of living cervids unloaded at the end of transport;
3.
The tag number, brand, or other identification designation of each cervid transported;
Page 25 of 27 HB048510.100 - 1144 - XXXX GA UNOFFICIAL COPY 20 RS HB 485/GA 4.
The specific route taken during transport of the cervids and a list of the location of each stop, other than a traffic stop, that was taken during transit of the route;
and 5.
Any other information the Office of the State Veterinarian may promulgate by administrative regulation for issuance of an interstate or in-state hauler's permit.
The Office of the State Veterinarian shall also create an application form to collect the reported information specified in this paragraph.
Once a permit is granted, the Office of the State Veterinarian shall immediately transmit an electronic copy of the issued permit and application form to the Department of Fish and Wildlife Resources;
and (e) A person intending to transport a captive cervid originating from outside the Commonwealth of Kentucky which is in transit, as defined in KRS 150.725, through the Commonwealth to another state or nation of destination shall, prior to the captive cervid entering Kentucky, obtain a transportation permit from the Office of the State Veterinarian in lieu of an interstate or in-state permit.
The transportation permit shall specify that:
1.
A captive cervid being transported meets the entry requirements of the state or nation to which it is being conveyed;
2.
A captive cervid being transported through Kentucky shall not remain in Kentucky for more than twenty-four (24) hours from the time of entry and, if this requirement cannot be met once the animal is in Kentucky, the Office of the State Veterinarian shall be contacted to secure a variance to the transportation permit;
3.
A captive cervid being transported through Kentucky shall not leave the transport vehicle while in Kentucky;
and Page 26 of 27 HB048510.100 - 1144 - XXXX GA UNOFFICIAL COPY 20 RS HB 485/GA 4.
The person transporting the captive cervid through Kentucky shall follow the routes specified in the transport permit and, if this requirement cannot be met once the animal is in Kentucky, the Office of the State Veterinarian shall be contacted to secure a variance to the transportation permit.
SECTION 8.
A NEW SECTION OF KRS CHAPTER 257 IS CREATED TO READ AS FOLLOWS:
Parties issued permits by the Commonwealth to raise captive cervids shall dispose of every cervid carcass by either:
(1) Burying the carcass and all of its parts and products in the earth at a point which is never covered with the overflow of ponds or streams and which is not less than one hundred (100) feet distant from any watercourse, sinkhole, well, spring, public highway, residence, or stable.
The carcass shall be placed in an opening in the earth at least four (4) feet deep, the abdominal and thoracic cavities opened wide their entire length, and the entire carcass covered with two (2) inches of quicklime and at least three (3) feet of earth;
or (2) Depositing the carcass in a contained landfill approved pursuant to KRS Chapter 224.
Page 27 of 27 HB048510.100 - 1144 - XXXX GA
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Action History

  1. to Natural Resources & Energy (S)

  2. received in Senate

  3. 3rd reading, passed 71-11 with Committee Substitute (1) and committee amendment (1-title)

  4. placed in the Orders of the Day

  5. taken from Rules

  6. returned to Rules

  7. posted for passage in the Regular Orders of the Day for Wednesday, March 11, 2020

  8. 2nd reading, to Rules

  9. reported favorably, 1st reading, to Calendar with Committee Substitute (1) and committee amendment (1-title)

  10. posted in committee

  11. to Tourism & Outdoor Recreation (H)

  12. introduced in House

Sponsorship breakdown

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0 sponsors · 0 co-sponsors · 138 not signed on · 2 voted No

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (138)

138 members have not signed on to this bill.

Show all 138 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Pass

Passed 71 Yea · 11 Nay · 18 Other
Party YeaNayPresentNot Voting
Republican 29101
Unaffiliated 389015
Democrat 4102
Total 7111018
% of votes cast 71%11%0%18%
How each member voted (100)
Member Party Vote
Fischer — Yea
Santoro — Yea
Bentley — Yea
Frazier — Yea
Hinkle — Yea
Meredith — Yea
Sheldon — Yea
Meyer — Yea
Sims — Yea
Huff T — Yea
Sorolis — Yea
Jenkins — Yea
Branham Clark — Yea
Glenn — Yea
Minter — Yea
Goforth — Yea
Thomas — Yea
Brenda — Yea
Koenig — Yea
Graviss — Yea
Lee — Yea
Pratt — Yea
Brown G — Yea
Lewis D — Yea
Webber — Yea
Cantrell — Yea
Harris — Yea
Lewis S — Yea
Massey — Yea
Wiederstein — Yea
DuPlessis — Yea
Hatton — Yea
Rothenburger — Yea
Heath — Yea
McCoy — Yea
Yates — Yea
Bechler — Nay
Rowland — Nay
Scott — Nay
Graham — Nay
Nemes — Nay
Rand — Nay
Schamore — Nay
Wheatley — Nay
Howard — Nay
Booker — Not Voting
Flood — Not Voting
Meeks — Not Voting
Raymond — Not Voting
Burch — Not Voting
Hoover — Not Voting
Stewart — Not Voting
Turner — Not Voting
Carney — Not Voting
Palumbo — Not Voting
Stone — Not Voting
Westrom — Not Voting
Donohue — Not Voting
Prunty — Not Voting
Huff R — Yea
Miller C — Not Voting
Miller J — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Not Voting
Lisa Willner Democrat Yea
Mary Lou Marzian Democrat Not Voting
Nima Kulkarni Democrat Nay
Pamela Stevenson Democrat Yea
Tina Bojanowski Democrat Yea
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Bobby McCool Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
Daniel Elliott Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Greg Elkins Republican Yea
James Tipton Republican Yea
Jason Petrie Republican Nay
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
Ken Upchurch Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Mark Hart Republican Yea
Matthew Koch Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Randy Bridges Republican Yea
Richard White Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Not Voting
Steve Bratcher Republican Yea
Steve Riley Republican Yea
Steven Rudy Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea

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Subjects

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Frequently asked questions

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This bill died with 2020 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
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