AN ACT relating to the Department of Fish and Wildlife Resources and declaring an emergency.

UNOFFICIAL COPY 26 RS BR 2326
Page 1 of 7
XXXX 3/2/2026 8:16 AM Jacketed
AN ACT relating to the Department of Fish and Wildlife Resources and declaring 1
an emergency. 2
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3
Section 1. KRS 150.022 is amended to read as follows: 4
(1) The Department of Fish and Wildlife Resources Commission shall consist of nine 5
(9) members, one (1) from each commission district, as set out by the commissioner 6
with the approval of the commission, and not more than five (5) of the same 7
political party. 8
(2) The Governor shall appoint the members of the commission subject to confirmation 9
by the Senate as described in subsection (3) of this section. Each of the members 10
shall be appointed for a term ending on December 31 of the fourth calendar year 11
following his or her appointment. A member whose reappointment is not confirmed 12
by the Senate while it is in session shall vacate his or her seat upon the date of sine 13
die adjournment of the session in which the confirmation was declined. Otherwise, 14
a member's term shall continue until his or her successor is duly appointed and 15
confirmed by the Senate, but no later than one (1) year following the expiration of 16
the member's term. If after one (1) year a successor has not been duly appointed and 17
confirmed by the Senate , the commission member's[commissioner's] seat for that 18
district shall be vacant until a successor is duly appointed and confirmed by the 19
Senate. A member shall serve no more than two (2) full terms, not including any 20
partial term that a member may additio nally serve. A person who has been 21
convicted of a felony offense or a violation of any hunting or fishing law or 22
regulation, in Kentucky or under the law of any other state, or any other law of the 23
United States shall not be eligible to serve on the commission. 24
(3) (a) Vacancies through the expiration of terms of the members of the commission 25
shall be filled by appointment by the Governor from a list of five (5) names 26
from each commission district, recommended and submitted by the sportsmen 27
UNOFFICIAL COPY 26 RS BR 2326
Page 2 of 7
XXXX 3/2/2026 8:16 AM Jacketed
or sportswomen of each respective district. 1
(b) When the term of a member expires, the commissioner shall call a meeting of 2
the sportsmen and sportswomen in that district not later than thirty (30) days 3
prior to the expiration of the member's term. Notice of the meeting shall be 4
given by publication pursuant to KRS Chapter 424. 5
(c) At the meeting, the sportsmen or sportswomen in attendance shall select and 6
submit to the Governor a list of five (5) residents and citizens of the district , 7
each of whom:[ who] 8
1. Is either an experienced hunter, angler, trapper, farmer, or biologist; 9
2. Has[have] held a hunting and fishing license[licenses] in Kentucky or 10
another state for at least the previous five (5) consecutive years ;[, or 11
who have been hunting and fishing in the Commonwealth for the 12
previous five (5) consecutive years while license -exempt under KRS 13
150.170, and who] 14
3. Is[Are] well informed on the subject o f wildlife conservation and 15
restoration, including the North American Model of Wildlife 16
Conservation; and 17
4. Has an active membership in a conservation or sportsman's or 18
sportswoman's organization in the Commonwealth. 19
(d) Each sportsman or sportswomen may vote for one (1) candidate only, and the 20
list submitted to the Governor shall be made up of the names of the five (5) 21
candidates receiving the five (5) highest vote totals. 22
(e)[(d)] The Governor shall appoint a successor to the member whose term has 23
expired no later than January 20 of the year following the year in which the 24
member's term expired. 25
(f) Upon appointment by the Governor, each appointee to the commission shall 26
file with the Secretary of State an affidavit, duly signed and sworn, setting 27
UNOFFICIAL COPY 26 RS BR 2326
Page 3 of 7
XXXX 3/2/2026 8:16 AM Jacketed
forth in detail how he or she complies with qualifications and requirements 1
of this section. 2
(g) Notwithstanding any provision of law to the contrary, the Senate shall not 3
consider any legislation confirming the appointment or reappointment of a 4
member of the commission unless: 5
(a) The legislation has been referred to the Senate standing committee of 6
jurisdiction as determined by the Senate Committee on Committees; 7
(b) A meeting of the Senate standing committee to which the legislation 8
was referred has been held to determine the qualifications of the 9
nominee and to review the affidavit required under paragraph (f) of 10
this subsection; and 11
(c) The legislation has been reported favorably by the Senate standing 12
committee. 13
(4) Upon appointment to the Department of Fish and Wildlife Resources Commission, 14
each member of the commission [commissioner] shall execute a bond of one 15
thousand dollars ($1,000) in favor of the Department of Fish and Wildlife 16
Resources, the premium on this bond to be paid out of department funds. 17
(5) In the event of vacancies other than by expiration, the Governor shall fill the 18
vacancy for the unexpired part of the term from the names remaining on the list 19
previously submitted for the district from which the vacancy arose. An appointee 20
chosen under this subsection shall not serve on the commission until duly 21
confirmed by the Senate. 22
(6) Each member of the commission shall take the constitutional oath of office. 23
(7) The Governor shall remove any member of the commission for cause under 24
subsection (2) of this section and may remove a member of the commission for 25
nonfeasance, neglect of duty, or misconduct in office; but shall first deliver to the 26
member a copy of all charges in writing and afford to him or her an opportunity for 27
UNOFFICIAL COPY 26 RS BR 2326
Page 4 of 7
XXXX 3/2/2026 8:16 AM Jacketed
an administrative hearing to be conducted in accordance with KRS Chapter 13B. 1
(8) Each member of the commission shall be entitled to reimbursement for actual and 2
necessary traveling and other expenses incurred by him or her in the discharge of 3
his or her official duties and to be paid from the game and fish fund. 4
(9) A majority of the commission shall constitute a quorum for the transaction of any 5
business, for the performance of any duty or for the exercise of any power vested in 6
the commission. 7
(10) The department shall have its principal office in Franklin County, and is authorized 8
to purchase all supplies, equipment, and printed forms and to issue any notices and 9
publications as the commissioner may deem necessary to carry out the provisions of 10
this chapter. 11
(11) Within one (1) year of his or her initial appointment to the commission, a 12
commission member shall complete six (6) hours of executive branch ethics 13
training conducted by the Executive Branch Ethics Commission established 14
under KRS Chapter 11A. Each commission member sh all complete three (3) 15
hours of executive branch ethics training each year that he or she serves on the 16
commission thereafter. Current commission members shall complete their initial 17
six (6) hours of executive branch ethics training within one (1) year aft er the 18
effective date of this Act. 19
(12) The word "sportsman" or "sportswoman" as used in this section shall mean a 20
resident hunter or fisherman or fisherwoman who has been licensed in Kentucky 21
for each of the past two (2) consecutive years. 22
Section 2. KRS 150.061 is amended to read as follows: 23
(1) (a) Notwithstanding any provisions of KRS Chapter 18A, 42, 45, 45A, 56, or 64 24
to the contrary, the commission shall have the sole authority to appoint a 25
commissioner of the Department of Fish and Wildlife Resources, who shall be 26
a person: 27
UNOFFICIAL COPY 26 RS BR 2326
Page 5 of 7
XXXX 3/2/2026 8:16 AM Jacketed
1. With knowledge of and experience in the requirements for the 1
protection, conservation and restoration of the wildlife resources of the 2
Commonwealth;[state] 3
2. Who has demonstrated active participation in hunting, fishing, or both 4
for ten (10) years prior to appointment; 5
3. Who has held a hunting and fishing license in Kentucky or another 6
state for at least the previous three (3) consecutive years; and 7
4. Who has not served on the Department of Fish and Wildlife Resources 8
Commission for at least three (3) years. 9
(b) The commission shall be the sole contracting body for the purposes of KRS 10
Chapter 45A and shall submit any proposed personal service contract with a 11
commissioner to the Government Contact Review Committee for its review 12
pursuant to KRS 45A.690 to 45A.725. The commissioner shall serve for a 13
defined employment contract term not to exceed four (4) years and shall be 14
subject to: 15
1.[(a)] Annual review by the commission in closed, executive session; 16
2.[(b)] Removal by the commission for the same cause and in the same 17
manner in which the Governor may remove a member of the 18
commission;[ and] 19
3.[(c)] Reappointment by the commission; and 20
4. Confirmation by the Senate. 21
(2) For commissioner vacancies that occur after the effective date of this Act, the 22
commission shall conduct a national search to identify the best qualified 23
individual to hold the position and carry out the requirements of this chapter. 24
(3) The commissioner shall receive such compensation as the commission may solely 25
determine, and shall be reimbursed for all actual and necessary travel and other 26
expenses incurred by him or her in the performance of his or her official duties. 27
UNOFFICIAL COPY 26 RS BR 2326
Page 6 of 7
XXXX 3/2/2026 8:16 AM Jacketed
(4)[(3)] Before entering upon the duties of his or her office, the commissioner shall 1
take and subscribe to the constitutional oath of office, and shall, in addition thereto, 2
swear or affirm that he or she holds no other public office, nor any position upon or 3
under any politica l committee or party. Upon appointment by the commission, the 4
commissioner shall execute a bond of five thousand dollars ($5,000) in favor of the 5
Department of Fish and Wildlife Resources, the premium on said bond to be paid 6
out of department funds. 7
(5)[(4)] Notwithstanding any provision of law to the contrary, the commissioner shall 8
be the sole appointing authority for the department for the purposes of KRS Chapter 9
18A and shall have general supervision and control of all activities, functions, 10
appointments, and employees of the department. He or she shall enforce all 11
provisions of the laws of the state relating to wild animals, birds, fish and 12
amphibians, and shall exercise all powers necessarily incident thereto not 13
specifically conferred on the commissio n. The commissioner shall make an annual 14
report of all receipts and disbursements and file same with the Secretary of State of 15
the Commonwealth of Kentucky. 16
(6)[(5)] If federal or other grant funds become available to pay their salaries, the 17
commissioner m ay appoint and employ other persons that he or she may deem 18
necessary or desirable to accomplish the purposes of this chapter. The 19
commissioner shall determine the compensation, duties, and terms of employment 20
of these employees, and grant funded, time -limited positions shall be approved by 21
the commission as needed. Employees whose salaries are funded through federal or 22
other grant funds shall not be counted in any tally of permanent employees made 23
for employee cap or budgetary purposes. 24
Section 3. Whereas it is critical that that the changes to the qualifications for the 25
members of the Department of Fish and Wildlife Resources Commission and the 26
commissioner be enacted as soon as possible to apply to any new vacancies tha t may 27
UNOFFICIAL COPY 26 RS BR 2326
Page 7 of 7
XXXX 3/2/2026 8:16 AM Jacketed
arise, an emergency is declared to exist, and this Act takes effect upon its passage and 1
approval by the Governor or upon its otherwise becoming a law. 2