Kentucky Statutes 150.061 – Commissioner — Appointment — Qualifications — Term — Removal — Compensation — Oath — Bond — Duties — Annual report — Authority to appoint additional employees if grant funds available
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(1) Notwithstanding any provisions of KRS Chapter 18A, 42, 45, 45A, 56, or 64 to the contrary, the commission shall have the sole authority to appoint a commissioner of the Department of Fish and Wildlife Resources, who shall be a person with knowledge of and experience in the requirements for the protection, conservation and restoration of the wildlife resources of the state. The commission shall be the sole contracting body for the purposes of KRS Chapter 45A and shall submit any proposed personal service contract with a commissioner to the Government Contact Review Committee for its review pursuant to KRS § 45A.690 to KRS § 45A.725. The commissioner shall serve for a defined employment contract term not to exceed four (4) years and shall be subject to:
(a) Annual review by the commission in closed, executive session;
(b) Removal by the commission for the same cause and in the same manner in which the Governor may remove a member of the commission; and
(c) Reappointment by the commission.
(2) The commissioner shall receive such compensation as the commission may solely determine, and shall be reimbursed for all actual and necessary travel and other expenses incurred by him or her in the performance of his or her official duties.
(3) Before entering upon the duties of his or her office, the commissioner shall take and subscribe to the constitutional oath of office, and shall, in addition thereto, swear or affirm that he or she holds no other public office, nor any position upon or under any political committee or party. Upon appointment by the commission, the commissioner shall execute a bond of five thousand dollars ($5,000) in favor of the Department of Fish and Wildlife Resources, the premium on said bond to be paid out of department funds.
(4) Notwithstanding any provision of law to the contrary, the commissioner shall be the sole appointing authority for the department for the purposes of KRS Chapter 18A and shall have general supervision and control of all activities, functions, appointments, and employees of the department. He or she shall enforce all provisions of the laws of the state relating to wild animals, birds, fish and amphibians, and shall exercise all powers necessarily incident thereto not specifically conferred on the commission. The commissioner shall make an annual report of all receipts and disbursements and file same with the Secretary of State of the Commonwealth of Kentucky.
(5) If federal or other grant funds become available to pay their salaries, the commissioner may appoint and employ other persons that he or she may deem necessary or desirable to accomplish the purposes of this chapter. The commissioner shall determine the compensation, duties, and terms of employment of these employees, and grant funded, time-limited positions shall be approved by the commission as needed. Employees whose salaries are funded through federal or other grant funds shall not be counted in any tally of permanent employees made for employee cap or budgetary purposes.
Effective:April 13, 2022
History: Amended 2022 Ky. Acts ch. 197, sec. 6, effective April 13, 2022. — Amended 2021 Ky. Acts ch. 161, sec. 2, effective March 29, 2021. — Amended
2010 Ky. Acts ch. 158, sec. 7, effective July 15, 2010. — Amended 2003 Ky. Acts ch. 170, sec. 1, effective June 24, 2003. — Amended 1974 Ky. Acts ch.
386, sec. 28. — Amended 1956 Ky. Acts ch. 115, sec. 4, effective May 18, 1956.
— Amended 1952 Ky. Acts ch. 200, sec. 8. — Created 1944 Ky. Acts ch. 6, sec.
1.
(a) Annual review by the commission in closed, executive session;
Terms Used In Kentucky Statutes 150.061
- Commission: means the Department of Fish and Wildlife Resources Commission. See Kentucky Statutes 150.010
- Commissioner: means the commissioner of the Department of Fish and Wildlife
Resources. See Kentucky Statutes 150.010 - Contract: A legal written agreement that becomes binding when signed.
- Department: means the Department of Fish and Wildlife Resources. See Kentucky Statutes 150.010
- Executive session: A portion of the Senate's daily session in which it considers executive business.
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Oath: A promise to tell the truth.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Take: includes pursue, shoot, hunt, wound, catch, kill, trap, snare, or capture wildlife in any way and any lesser act designed to lure, attract, or entice for these purposes. See Kentucky Statutes 150.010
- Wildlife: means any normally undomesticated animal, alive or dead, including without limitations any wild mammal, bird, fish, reptile, amphibian, or other terrestrial or aquatic life, whether or not possessed in controlled environment, bred, hatched, or born in captivity and including any part, product, egg, or offspring thereof, protected or unprotected by this chapter. See Kentucky Statutes 150.010
(b) Removal by the commission for the same cause and in the same manner in which the Governor may remove a member of the commission; and
(c) Reappointment by the commission.
(2) The commissioner shall receive such compensation as the commission may solely determine, and shall be reimbursed for all actual and necessary travel and other expenses incurred by him or her in the performance of his or her official duties.
(3) Before entering upon the duties of his or her office, the commissioner shall take and subscribe to the constitutional oath of office, and shall, in addition thereto, swear or affirm that he or she holds no other public office, nor any position upon or under any political committee or party. Upon appointment by the commission, the commissioner shall execute a bond of five thousand dollars ($5,000) in favor of the Department of Fish and Wildlife Resources, the premium on said bond to be paid out of department funds.
(4) Notwithstanding any provision of law to the contrary, the commissioner shall be the sole appointing authority for the department for the purposes of KRS Chapter 18A and shall have general supervision and control of all activities, functions, appointments, and employees of the department. He or she shall enforce all provisions of the laws of the state relating to wild animals, birds, fish and amphibians, and shall exercise all powers necessarily incident thereto not specifically conferred on the commission. The commissioner shall make an annual report of all receipts and disbursements and file same with the Secretary of State of the Commonwealth of Kentucky.
(5) If federal or other grant funds become available to pay their salaries, the commissioner may appoint and employ other persons that he or she may deem necessary or desirable to accomplish the purposes of this chapter. The commissioner shall determine the compensation, duties, and terms of employment of these employees, and grant funded, time-limited positions shall be approved by the commission as needed. Employees whose salaries are funded through federal or other grant funds shall not be counted in any tally of permanent employees made for employee cap or budgetary purposes.
Effective:April 13, 2022
History: Amended 2022 Ky. Acts ch. 197, sec. 6, effective April 13, 2022. — Amended 2021 Ky. Acts ch. 161, sec. 2, effective March 29, 2021. — Amended
2010 Ky. Acts ch. 158, sec. 7, effective July 15, 2010. — Amended 2003 Ky. Acts ch. 170, sec. 1, effective June 24, 2003. — Amended 1974 Ky. Acts ch.
386, sec. 28. — Amended 1956 Ky. Acts ch. 115, sec. 4, effective May 18, 1956.
— Amended 1952 Ky. Acts ch. 200, sec. 8. — Created 1944 Ky. Acts ch. 6, sec.
1.