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Kentucky General Assembly· HB 506became law without Governor's Signature (Acts Ch. 148)

An act relating to the Department of Fish and Wildlife Resources., the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Kentucky General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
UNOFFICIAL COPY                                                    26 RS HB 506/GA

1   AN ACT relating to the Department of Fish and Wildlife Resources.

2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:

3   Section 1. KRS 15.460 is amended to read as follows:

4 (1) (a) Except as provided in subsection (4)(a) of this section, an eligible unit of

5   government shall be entitled to receive an annual supplement of three

6   thousand dollars ($3,000) for each qualified police officer it employs. The

7   supplement amount shall be increased to four thousand dollars ($4,000)

8   beginning July 1, 2018.

9   (b) 1. In addition to the supplement, the unit of government shall receive an

10  amount equal to the required employer's contribution on the supplement

11  to the retirement plan and duty category to which the officer belongs. In

12  the case of County Employees Retirement System membership, the

13  retirement plan contribution on the supplement shall be paid whether the

14  officer enters the system under hazardous duty coverage or

15  nonhazardous coverage.

16  2. The unit of government shall pay the amount received for retirement

17  plan coverage to the appropriate retirement system to cover the required

18  employer contribution on the pay supplement.

19  3. If the foundation program funds are insufficient to pay employer

20  contributions to the system, then the total amount available for

21  retirement plan payments shall be prorated to each eligible government

22  so that each receives the same percentage of required retirement plan

23  costs attributable to the cash salary supplement.

24  (c) 1. In addition to the payments received under paragraphs (a) and (b) of this

25  subsection, but only if sufficient funds are available to make all

26  payments required under paragraph (b) of this subsection, each unit of

27  government shall receive an administrative expense reimbursement in an

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    UNOFFICIAL COPY                                            26 RS HB 506/GA

1   amount equal to seven and sixty-five one-hundredths percent (7.65%) of

2   the total annual supplement received greater than three thousand one

3   hundred dollars ($3,100) for each qualified police officer that is a local

4   officer as defined in KRS 15.420(2)(a)1. that it employs, subject to the

5   cap established by subparagraph 3. of this paragraph.

6   2. The unit of government may use the moneys received under this

7   paragraph in any manner it deems necessary to partially cover the costs

8   of administering the payments received under paragraph (a) of this

9   subsection.

10  3. The total amount distributed under this paragraph shall not exceed the

11  total sum of five hundred twenty-five thousand dollars ($525,000) for

12  each fiscal year. If there are insufficient funds to provide for full

13  reimbursement as provided in subparagraph 1. of this paragraph, then

14  the amount shall be distributed pro rata to each eligible unit of

15  government so that each receives the same percentage attributable to its

16  total receipt of the cash salary supplement.

17  (d) In addition to the payments received under paragraphs (a) and (b) of this

18  subsection, each unit of government shall receive the associated fringe

19  benefits costs for the total supplement of four thousand dollars ($4,000) for

20  each qualified police officer that is a state officer as defined in KRS

21  15.420(2)(a)2. that it employs. Fringe benefits shall be limited to retirement

22  plan contributions and the federal insurance contributions act tax.

23  (e) Notwithstanding paragraphs (a) to (d) of this subsection, a Kentucky

24  Department of Fish and Wildlife Resources game warden appointed pursuant

25  to KRS 150.090(2) and listed in KRS 15.420(2)(a)2.n. shall be a participant in

26  the Kentucky Law Enforcement Foundation Program fund[, but shall not

27  receive an annual supplement from that fund]. A game warden shall receive

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    UNOFFICIAL COPY                                              26 RS HB 506/GA

1   an annual training stipend commensurate to the annual supplement paid to the

2   police officer as defined in KRS 15.420.[ The annual training stipend

3   disbursed to a game warden shall be paid from the game and fish fund

4   pursuant to KRS 150.150.]

5   (f) Any peace officer sanctioned by the Tourism, Arts and Heritage Cabinet shall

6   be deemed a police officer solely for the purpose of inclusion in the Law

7   Enforcement Foundation Program fund.

8 (2) The supplement provided in subsection (1) of this section shall be paid by the unit

9   of government to each police officer whose qualifications resulted in receipt of a

10  supplemental payment. The payment shall be in addition to the police officer's

11  regular salary and, except as provided in subsection (4)(b) of this section, shall

12  continue to be paid to a police officer who is a member of:

13  (a) The Kentucky National Guard during any period of activation under Title 10

14  or 32 of the United States Code or KRS 38.030; or

15  (b) Any reserve component of the United States Armed Forces during any period

16  of activation with the United States Armed Forces.

17 (3) (a) A qualified sheriff who receives the maximum salary allowed by Section 246

18  of the Kentucky Constitution and KRS 64.527 shall not receive a supplement.

19  (b) A qualified sheriff who does not receive the maximum salary allowed by

20  Section 246 of the Kentucky Constitution and KRS 64.527, excluding the

21  expense allowance provided by KRS 70.170, shall upon annual settlement

22  with the fiscal court under KRS 134.192, receive that portion of the

23  supplement that will not cause his or her compensation to exceed the

24  maximum salary.

25  (c) A qualified sheriff who seeks to participate in the fund shall forward a copy of

26  the annual settlement prepared under KRS 134.192 to the fund. The sheriff

27  shall reimburse the fund if an audit of the annual settlement conducted

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    UNOFFICIAL COPY                                             26 RS HB 506/GA

1   pursuant to KRS 134.192 reflects that the sheriff received all or a portion of

2   the supplement in violation of this section. A sheriff who fails to provide a

3   copy of the annual settlement to the fund or to reimburse the fund after

4   correction by audit, if required, shall not be qualified to participate in the fund

5   for a period of two (2) years.

6   (d) A qualified deputy sheriff shall receive the supplement from the sheriff if the

7   sheriff administers his or her own budget or from the county treasurer if the

8   sheriff pools his or her fees. The failure of a sheriff to comply with the

9   provisions of this section shall not affect the qualification of his or her

10  deputies to participate in the fund.

11 (4) (a) Eligible units of government shall receive the salary supplement, excluding

12  funds applicable to the employer's retirement plan contribution, provided in

13  subsection (1) of this section for distribution to a police officer who is eligible

14  under subsection (2) of this section.

15  (b) A qualified police officer receiving a salary supplement during any period of

16  military activation, as provided in subsection (2) of this section, shall not be

17  entitled to receive the employer's retirement plan contribution, and the salary

18  supplement shall not be subjected to an employee's contribution to a

19  retirement plan. The salary supplement shall otherwise be taxable for all

20  purposes.

21 (5) A unit of government receiving disbursements under this section shall follow all

22  laws applicable to it that may govern due process disciplinary procedures for its

23  officers, but this subsection shall not be interpreted to:

24  (a) Authorize the department, the cabinet, or the council to investigate, judge, or

25  exercise any control or jurisdiction regarding the compliance of a unit of

26  government with laws that may govern due process disciplinary procedures

27  for its officers, except as otherwise provided by laws;

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    UNOFFICIAL COPY                                            26 RS HB 506/GA

1   (b) Create a private right of action for any police officer regarding an agency's

2   participation in this section;

3   (c) Authorize a termination of an agency's participation as a result of a judgment

4   that the unit of government failed to follow its procedures in any independent

5   cause of action brought by the police officer against the unit of government;

6   or

7   (d) Prevent the adoption, amendment, or repeal of any laws that may govern the

8   due process disciplinary procedures of a unit of government's police officers.

9   Section 2. KRS 150.061 is amended to read as follows:

10 (1) Notwithstanding any provisions of KRS Chapter 18A, 42, 45, 45A, 56, or 64 to the

11  contrary, the commission shall have the sole authority to appoint a commissioner of

12  the Department of Fish and Wildlife Resources, who shall be a person with

13  knowledge of and experience in the requirements for the protection, conservation

14  and restoration of the wildlife resources of the state. The commission shall be the

15  sole contracting body for the purposes of KRS Chapter 45A and shall submit any

16  proposed personal service contract with a commissioner to the Government Contact

17  Review Committee for its review pursuant to KRS 45A.690 to 45A.725. The

18  commissioner shall serve for a defined employment contract term not to exceed

19  four (4) years and shall be subject to:

20  (a) Annual review by the commission in closed, executive session;

21  (b) Removal by the commission for the same cause and in the same manner in

22  which the Governor may remove a member of the commission; and

23  (c) Reappointment by the commission.

24 (2) 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 (3) Before entering upon the duties of his or her office, the commissioner shall take and

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    UNOFFICIAL COPY                                            26 RS HB 506/GA

1   subscribe to the constitutional oath of office, and shall, in addition thereto, swear or

2   affirm that he or she holds no other public office, nor any position upon or under

3   any political 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 (4) Notwithstanding any provision of law to the contrary, the commissioner shall be the

8   sole appointing authority for the department for the purposes of KRS Chapter 18A

9   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 commission. 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 (5) (a) Notwithstanding any provision of KRS Chapter 18A to the contrary, the

17  commissioner shall establish a salary structure for the sworn employees of

18  the department's Division of Law Enforcement that is competitive with the

19  pay structures for other state and local law enforcement personnel in the

20  Commonwealth and is adequate to meet the department's recruitment and

21  retention goals.

22  (b) The secretary of the Personnel Cabinet established under KRS Chapter 18A

23  shall take every action necessary to implement the requirements of

24  paragraph (a) of this subsection and to ensure that the sworn employees of

25  the department's Division of Law Enforcement are otherwise subject to the

26  requirements and benefits of KRS Chapter 18A.

27 (6) If federal or other grant funds become available to pay their salaries, the

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    UNOFFICIAL COPY                                            26 RS HB 506/GA

1   commissioner may appoint and employ other persons that he or she may deem

2   necessary or desirable to accomplish the purposes of this chapter. The

3   commissioner shall determine the compensation, duties, and terms of employment

4   of these employees, and grant funded, time-limited positions shall be approved by

5   the commission as needed. Employees whose salaries are funded through federal or

6   other grant funds shall not be counted in any tally of permanent employees made

7   for employee cap or budgetary purposes.

8   Section 3. KRS 150.150 is amended to read as follows:

9 (1) (a) Except as provided in this chapter, all moneys derived from the sale of

10  licenses or from any other source connected with the administration of this

11  chapter shall be promptly paid over to the State Treasurer, who shall deposit

12  such moneys in a special fund, known as the game and fish fund, except that

13  the moneys shall be entered under separate restricted fund accounts, not

14  commingled, and maintained according to generally accepted accounting

15  principles.

16  (b) Moneys derived from the sale of licenses issued under this chapter shall be

17  under separate restricted fund account from any other proceeds derived from

18  this chapter or from proceeds obtained under any other chapter.

19  (c) The game and fish fund:

20  1. Shall be used to [:

21  a. ]carry out the purposes of this chapter and any law or regulation

22                   for the protection of wildlife; and[

23  b. Pay the annual supplement provided in KRS 15.460(1)(e); and]

24  2. Shall not be used for any other purpose.

25 (2) All funds received under KRS 150.110 and 150.520 shall be used by the department

26  for the purpose of enforcing those sections and for the protection and propagation

27  of mussel beds. Any surplus remaining in the fund at the close of each calendar year

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    UNOFFICIAL COPY                                                      26 RS HB 506/GA

1   shall be turned into the general fund of the department.

2 (3) In addition to the funds derived pursuant to KRS 186.050(15), the department shall

3   by[, beginning] August 1 of[, 2006, and] each fiscal year[ thereafter,] set aside not

4   less than twenty-five thousand dollars ($25,000) from the game and fish fund for

5   the purpose of promoting hunger relief through specific wildlife management and

6   conservation efforts. The department shall provide for a separate accounting of

7   these funds and shall, by October 1, 2007, and annually thereafter, report on the

8   expenditures made pursuant to this subsection to the Governor and the Legislative

9   Research Commission.

10 (4) The department shall prescribe a method to allow any applicant for a license

11  required under KRS 150.175 to make, at the time of application, a voluntary

12  contribution in the amount of two dollars ($2) for the Becoming an Outdoors-

13  Woman Program or other hunter and angler recruitment and retention program. The

14  voluntary contribution shall be deposited into a separate, restricted account within

15  the game and fish fund. The Becoming an Outdoors-Woman Program shall

16  encourage women in developing skills for outdoor recreational activities including

17  but not limited to hunting and angling. The voluntary contribution shall be

18  automatically added to the cost of the license at the time of sale.

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