Kentuckiana Safari Club OPPOSES the passage of House Bill 395.
We are called to action to defeat House Bill 395. This bill is the most dangerous piece of legislation proffered by the Kentucky Legislature in reference to our Hunting, Fishing, Trapping, and Public Lands legacy and heritage in decades.
In 1945, Kentucky was divided into nine law enforcement districts. In 1952, our commission was born to represent those same nine districts. The laws that established our Commission have been amended and updated as necessary over time, but it was always with the founding principle, that, “the system was created by Kentucky Sportsmen to ensure that both managerial and financial control of the state’s wildlife resources stayed out of political control.”
Some would ask, “Why would that be? Why would Sportsmen and Women be above everything else and ask that their business be out of political control?”
Well, the simple fact is that the Sportsmen and Women of Kentucky pay the bills. Over 90% of the Kentucky Department of Fish and Wildlife Resource’s annual budget is paid directly or indirectly by the Sportsmen and Women of the Commonwealth. No general fund money goes into the KDFWR. Because Sportsmen and Women pay the bills, we have a vested interest to maintain or improving our hunting, fishing, trapping, and public land heritage. Our forefathers created this system, and it has served us well.
HB395 must be defeated. Our specific objections include, but are not limited to:
1. It would create a new chapter of KRS under that allows the KDFWR to conduct all procurements and personal contracts “in house,” exempting them from KRS 45A, and allowing the Commissioner of Fish and Wildlife to declare an emergency, in lieu of the Secretary of Finance and Administration, when the KDFWR, under this very leadership, has failed multiple consecutive audits. This is illogical, irresponsible, and unethical. After the KDFWR’s last failed audit, Mike Harmon (R) the State Auditor, called for a “change in culture” and nothing was done. Judge Wingate, in dismissing the lawsuit brought by the Fish and Wildlife Commission that asked for the same liberalization and emancipation from Chapter 45A said, “…their authority under law does not exempt them from the Model Procurement Code…Such a finding would grant the Commission and the Department unchecked unyielding power essentially making is answerable to itself only.”
2. This bill seeks to make the KDFWR an independent branch of state government. Quoting from the bill, “The department shall have sole discretion as to which functions shall be deemed necessary for the efficient operation of the department and the properties in its custody and control… The Department of Fish and Wildlife Resources shall constitute an independent department of state government within the meaning of KRS Chapter 12… On the effective date of this Act, any records, files, or documents, including any legal documents or memoranda, associated with functions of the Department of Fish and Wildlife Resources that were previously performed by the Tourism, Arts and Heritage Cabinet, but for which it is no longer deemed responsible, shall be transferred to the department.” The KDFWR Commission and the Commissioners are not bound by Executive Branch Ethics or oversight of the Ethics Commission. The Attorney General has ruled against them 3 times this year; twice on open records and once on open meetings; finding them in violation of statute each time. Further, this Commission has lost one lawsuit in Franklin Circuit Court in October 2020 and another in 2021. This is an agency that needs MORE oversight and not LESS.
3. This bill also seeks to transfer the appointment of 4 out of our 9 Fish and Wildlife Commissioners from the Constitutional Authority of the Governor, to the Secretary of Agriculture. Agriculture is quite often at odds with the effective scientific management of wildlife, as illustrated by the North American Model of Wildlife Conservation says and what the Sportsmen and Women of the Commonwealth want.
If you wish to review the bill as it was originally introduced and research the issues, you may do so at this link: 22RS HB 395 (ky.gov)
If you wish to join us in opposing this bill our friends at Kentucky Backcountry Hunters and Anglers have designed and published an “action alert” message that will help you send an email in opposition to this bill to your representative in your district and it will copy the prime sponsor of this bill C. Ed Massey, (R) 66th District. All you have to do is hit this link:
The bill’s prime sponsor is C. Ed Massey, Republican, 66th District, Boone County.
Legislator-Profile - Legislative Research Commission (ky.gov)
To speak to your State Legislators find them at this link- Who’s my Legislator?
To leave a message for your legislator about this bill or an issue that is important to you, please call the Legislative Research Commission Message Center at (800) 372-7181. Their operating hours are Monday through Thursday 7:00am to 9:00pm eastern time and Friday 7:00am to 6:00pm.