SB241: AN ACT relating to the Department of Fish and Wildlife Resources, making an appropriation therefor, and declaring an emergency.

Legislative Summary

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.