Sponsors: Robin Webb

Create new sections of KRS Chapter 150 relating to fish and wildlife to require conservation officers to be certified peace officers; provide full peace officer powers; provide that members of the Fish and Wildlife Commission are subject to KRS Chapter 11A; 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.

Create new sections of Subchapter 20 of KRS Chapter 154 to establish a stillage management tax credit for taxable years beginning on or after January 1, 2023, but before January 1, 2027; establish the Stillage Management Board consisting of 13 voting and two nonvoting members; provide that the board is responsible for approval of the applications from stillage managers and reporting this to the Department of Revenue for processing of the return and tax credit; create a new section of KRS Chapter 141 to establish the stillage management tax credit and reporting requirements for the Department of Revenue; amend KRS 141.0205 to provide the ordering of tax credits; amend KRS 131.190 to require reporting by the Department of Revenue; Amend KRS 141.4242 to sunset the ethanol tax credit; provide that the last taxable year for the credit is prior to January 1, 2023; amend KRS 141.4244 to sunset the cellulosic tax credit; provide that the last taxable year for the credit is prior to January 1, 2023; amend KRS 141.389 to allow a refundable portion of the distilled spirits tax credit for distillers installing system to transform stillage material into a value-added product for taxable years beginning on or after January 1, 2023.

Amend KRS 186.010 to define “off-highway vehicle”; create a new section of KRS Chapter 189 to allow the operation of off-highway vehicles on certain roadways in the Commonwealth; outline OHV requirements and operation guidelines for OHV permit holders; allow the Transportation Cabinet or a local government to prohibit the operation of OHVs on any roadway under its jurisdiction; require the Transportation Cabinet to promulgate administrative regulations; amend KRS 189.515 and KRS 186A.070 to conform; amend KRS 189.990 to establish a penalty for operating an OHV outside of the set guidelines; repeal KRS 189.281, which created a local government pilot program for off-highway vehicles; EFFECTIVE January 1, 2023.

Create a new section of KRS 258.095 to 258.500 to require the Department of Agriculture to provide continuing education on criminal and law enforcement procedures and investigatory practices to animal control officers; EFFECTIVE January 1, 2022: APPROPRIATION.

Create a new section of KRS Chapter 150 to require the Department of Fish and Wildlife Resources to conduct all procurements necessary for its performance pursuant to KRS Chapter 45A; provide that upon approval of the commission, the commissioner shall be deemed the chief purchasing officer for the purposes of conducting procurements for the department; make all department personal service contracts, tax incentive agreements, and memoranda of agreement subject to review by the Government Contract Review Committee; require the department, upon approval of the commission, to conduct its own bidding and procurement; amend KRS 150.021 to provide that the Department of Fish and Wildlife Resources be attached administratively to the Tourism, Arts and Heritage Cabinet only for those limited functions and purposes expressly requested by the department; remove language making the powers conferred to the department by KRS Chapters 150 and 235 subject to KRS Chapters 42, 45, 45A, 56, and 64; require the Tourism, Arts and Heritage Cabinet to transfer to the Department of Fish and Wildlife Resources copies of all records, files, and documents associated with functions that the cabinet no longer performs for the department; exempt the Department of Fish and Wildlife Resources from reorganization under KRS Chapter 12; amend KRS 150.022 to change references from wildlife districts to commission districts; make commission members’ terms end on December 31 of the fourth calendar year following their appointments and until their successors are duly appointed and confirmed by the Senate; require that a member serve no more than two full terms, excluding any partial terms that a member may serve; require that a candidate to be a commission member have held hunting and fishing licenses for the previous five consecutive years; require that an appointment to the commission to replace a member whose term has expired be made no later than January 20 of the year following the year in which the term expired; amend KRS 150.061 to make the commissioner the appointing authority for the department for the purposes of KRS Chapter 18A and to conform; amend KRS 235.030 to provide that the Department of Fish and Wildlife Resources be attached administratively to the Tourism, Arts and Heritage Cabinet only for those limited functions and purposes expressly requested by the department; amend KRS 45A.030, 150.0241, 235.010, and 235.130 to conform.