Kentucky Statutes 150.022 – Department of Fish and Wildlife Resources Commission — Appointment processes and conditions — Definition of “sportsman.”
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(1) The Department of Fish and Wildlife Resources Commission shall consist of nine (9) members, one (1) from each commission district, as set out by the commissioner with the approval of the commission, and not more than five (5) of the same political party.
(2) The Governor shall appoint the members of the commission subject to confirmation by the Senate as described in subsection (3) of this section. Each of the members shall be appointed for a term ending on December 31 of the fourth calendar year following his or her appointment, except that a member’s term shall continue until his or her successor is duly appointed and confirmed by the Senate, but no later than one (1) year following the expiration of the member’s term. If after one (1) year a successor has not been duly appointed and confirmed by the Senate, the commissioner’s seat for that district shall be vacant until a successor is duly appointed and confirmed by the Senate. A member shall serve no more than two (2) full terms, not including any partial term that a member may additionally serve. A person who has been convicted of a felony offense, in Kentucky or under the law of any other state, or any other law of the United States shall not be eligible to serve on the commission.
(3) (a) Vacancies through the expiration of terms of the members of the commission shall be filled by appointment by the Governor from a list of five (5) names from each commission district, recommended and submitted by the sportsmen of each respective district.
(b) When the term of a member expires, the commissioner shall call a meeting of the sportsmen in that district not later than thirty (30) days prior to the expiration of the member’s term. Notice of the meeting shall be given by publication pursuant to KRS Chapter 424.
(c) At the meeting, the sportsmen in attendance shall select and submit to the Governor a list of five (5) residents and citizens of the district who have held hunting and fishing licenses in Kentucky or another state for at least the previous five (5) consecutive years, or who have been hunting and fishing in the Commonwealth for the previous five (5) consecutive years while license- exempt under KRS § 150.170, and who are well informed on the subject of wildlife conservation and restoration. Each sportsman may vote for one (1) candidate only, and the list submitted to the Governor shall be made up of the names of the five (5) candidates receiving the five (5) highest vote totals.
(d) The Governor shall appoint a successor to the member whose term has expired no later than January 20 of the year following the year in which the member’s term expired.
(4) Upon appointment to the Department of Fish and Wildlife Resources Commission, each commissioner shall execute a bond of one thousand dollars ($1,000) in favor of the Department of Fish and Wildlife Resources, the premium on this bond to be paid out of department funds.
(5) In the event of vacancies other than by expiration, the Governor shall fill the vacancy for the unexpired part of the term from the names remaining on the list
previously submitted for the district from which the vacancy arose. An appointee chosen under this subsection shall not serve on the commission until duly confirmed by the Senate.
(6) Each member of the commission shall take the constitutional oath of office.
(7) The Governor shall remove any member of the commission for cause under subsection (2) of this section and may remove a member of the commission for nonfeasance, neglect of duty, or misconduct in office; but shall first deliver to the member a copy of all charges in writing and afford to him or her an opportunity for an administrative hearing to be conducted in accordance with KRS Chapter 13B.
(8) Each member of the commission shall be entitled to reimbursement for actual and necessary traveling and other expenses incurred by him or her in the discharge of his or her official duties and to be paid from the game and fish fund.
(9) A majority of the commission shall constitute a quorum for the transaction of any business, for the performance of any duty or for the exercise of any power vested in the commission.
(10) The department shall have its principal office in Franklin County, and is authorized to purchase all supplies, equipment, and printed forms and to issue any notices and publications as the commissioner may deem necessary to carry out the provisions of this chapter.
(11) The word “sportsman” as used in this section shall mean a resident hunter or fisherman who has been licensed in Kentucky for each of the past two (2) consecutive years.
Effective: March 29, 2023
History: Amended 2023 Ky. Acts ch. 139, sec. 13, effective March 29, 2023. — Amended 2022 Ky. Acts ch. 197, sec. 4, effective April 13, 2022. — Amended 2010
Ky. Acts ch. 158, sec. 5, effective July 15, 2010. — Amended 1998 Ky. Acts ch. 296, sec. 1, effective July 15, 1998. — Amended 1980 Ky. Acts ch. 336, sec. 1, effective July 15, 1980. — Amended 1978 Ky. Acts ch. 178, sec. 2, effective June 17, 1978. — Amended 1966 Ky. Acts ch. 239, sec. 143 — Amended 1956 Ky. Acts ch. 115, sec. 2
— Amended 1952 Ky. Acts ch. 200, sec. 4 — Created 1944 Ky. Acts ch. 6, sec. 1.
(2) The Governor shall appoint the members of the commission subject to confirmation by the Senate as described in subsection (3) of this section. Each of the members shall be appointed for a term ending on December 31 of the fourth calendar year following his or her appointment, except that a member’s term shall continue until his or her successor is duly appointed and confirmed by the Senate, but no later than one (1) year following the expiration of the member’s term. If after one (1) year a successor has not been duly appointed and confirmed by the Senate, the commissioner’s seat for that district shall be vacant until a successor is duly appointed and confirmed by the Senate. A member shall serve no more than two (2) full terms, not including any partial term that a member may additionally serve. A person who has been convicted of a felony offense, in Kentucky or under the law of any other state, or any other law of the United States shall not be eligible to serve on the commission.
Terms Used In Kentucky Statutes 150.022
- any other state: includes any state, territory, outlying possession, the District of Columbia, and any foreign government or country. See Kentucky Statutes 446.010
- 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 - Department: means the Department of Fish and Wildlife Resources. See Kentucky Statutes 150.010
- Fishing: means to take or attempt to take in any manner, whether the fisherman has fish in possession or not. See Kentucky Statutes 150.010
- Hunting: means to take or attempt to take in any manner, whether the hunter has game in possession or not. See Kentucky Statutes 150.010
- Oath: A promise to tell the truth.
- Quorum: The number of legislators that must be present to do business.
- Resident: means any person who has established permanent domicile and legal residence and has resided in this state for thirty (30) days immediately prior to his or her application for a license. See Kentucky Statutes 150.010
- 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
- Year: means calendar year. See Kentucky Statutes 446.010
(3) (a) Vacancies through the expiration of terms of the members of the commission shall be filled by appointment by the Governor from a list of five (5) names from each commission district, recommended and submitted by the sportsmen of each respective district.
(b) When the term of a member expires, the commissioner shall call a meeting of the sportsmen in that district not later than thirty (30) days prior to the expiration of the member’s term. Notice of the meeting shall be given by publication pursuant to KRS Chapter 424.
(c) At the meeting, the sportsmen in attendance shall select and submit to the Governor a list of five (5) residents and citizens of the district who have held hunting and fishing licenses in Kentucky or another state for at least the previous five (5) consecutive years, or who have been hunting and fishing in the Commonwealth for the previous five (5) consecutive years while license- exempt under KRS § 150.170, and who are well informed on the subject of wildlife conservation and restoration. Each sportsman may vote for one (1) candidate only, and the list submitted to the Governor shall be made up of the names of the five (5) candidates receiving the five (5) highest vote totals.
(d) The Governor shall appoint a successor to the member whose term has expired no later than January 20 of the year following the year in which the member’s term expired.
(4) Upon appointment to the Department of Fish and Wildlife Resources Commission, each commissioner shall execute a bond of one thousand dollars ($1,000) in favor of the Department of Fish and Wildlife Resources, the premium on this bond to be paid out of department funds.
(5) In the event of vacancies other than by expiration, the Governor shall fill the vacancy for the unexpired part of the term from the names remaining on the list
previously submitted for the district from which the vacancy arose. An appointee chosen under this subsection shall not serve on the commission until duly confirmed by the Senate.
(6) Each member of the commission shall take the constitutional oath of office.
(7) The Governor shall remove any member of the commission for cause under subsection (2) of this section and may remove a member of the commission for nonfeasance, neglect of duty, or misconduct in office; but shall first deliver to the member a copy of all charges in writing and afford to him or her an opportunity for an administrative hearing to be conducted in accordance with KRS Chapter 13B.
(8) Each member of the commission shall be entitled to reimbursement for actual and necessary traveling and other expenses incurred by him or her in the discharge of his or her official duties and to be paid from the game and fish fund.
(9) A majority of the commission shall constitute a quorum for the transaction of any business, for the performance of any duty or for the exercise of any power vested in the commission.
(10) The department shall have its principal office in Franklin County, and is authorized to purchase all supplies, equipment, and printed forms and to issue any notices and publications as the commissioner may deem necessary to carry out the provisions of this chapter.
(11) The word “sportsman” as used in this section shall mean a resident hunter or fisherman who has been licensed in Kentucky for each of the past two (2) consecutive years.
Effective: March 29, 2023
History: Amended 2023 Ky. Acts ch. 139, sec. 13, effective March 29, 2023. — Amended 2022 Ky. Acts ch. 197, sec. 4, effective April 13, 2022. — Amended 2010
Ky. Acts ch. 158, sec. 5, effective July 15, 2010. — Amended 1998 Ky. Acts ch. 296, sec. 1, effective July 15, 1998. — Amended 1980 Ky. Acts ch. 336, sec. 1, effective July 15, 1980. — Amended 1978 Ky. Acts ch. 178, sec. 2, effective June 17, 1978. — Amended 1966 Ky. Acts ch. 239, sec. 143 — Amended 1956 Ky. Acts ch. 115, sec. 2
— Amended 1952 Ky. Acts ch. 200, sec. 4 — Created 1944 Ky. Acts ch. 6, sec. 1.