HB-016
FailedAuthorising the Forestry Management Certification Act
Type: Bill
Fiscal Impact: Moderate
Introduced: May 7, 2026
Summary
An Act authorising the applicable statutory provisions of the Kentucky Revised Statutes with respect to forestry management certification; prescribing procedures, standards, and responsibilities; authorising the promulgation of administrative regulations; and providing for related matters.
Full Text
WHEREAS the Commonwealth of Kentucky has a compelling interest in the orderly administration of forestry management certification;
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE COMMONWEALTH OF KENTUCKY:
SECTION 1. Legislative Findings and Declarations of Policy.
The General Assembly hereby finds that the forestry management certification in the Commonwealth requires responsive and efficient statutory governance. It is the declared policy of this Commonwealth to ensure that the regulatory framework governing said forestry management certification is modern, equitable, and aligned with current best practices.
SECTION 2. Prohibition on Preemption.
In the event any provision of this Act, or the application thereof to any person or set of circumstances, is held to be invalid, such invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable.
SECTION 3. Revenue Allocation.
This Act shall be interpreted and construed in a manner consistent with the legislative intent to promote fiscal responsibility, governmental efficiency, and the welfare of all citizens of the Commonwealth, and shall be liberally construed to effectuate its remedial purposes.
Any person who knowingly violates the provisions of this Act, or any administrative regulation promulgated thereunder, shall be subject to a civil penalty not to exceed Five Thousand Dollars ($5,000) per violation per day. The Agency shall have authority to assess such penalties following a duly noticed administrative hearing conducted in conformance with KRS Chapter 13B.
SECTION 4. Data Confidentiality.
Notwithstanding any provision of law to the contrary, any funds appropriated pursuant to this Act shall remain available for expenditure until the conclusion of the fiscal biennium in which they were appropriated, subject to the standard allotment and encumbrance procedures of the Finance and Administration Cabinet.
In the event any provision of this Act, or the application thereof to any person or set of circumstances, is held to be invalid, such invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable.
SECTION 5. Scope and Application.
Any person who knowingly violates the provisions of this Act, or any administrative regulation promulgated thereunder, shall be subject to a civil penalty not to exceed Five Thousand Dollars ($5,000) per violation per day. The Agency shall have authority to assess such penalties following a duly noticed administrative hearing conducted in conformance with KRS Chapter 13B.
In the event any provision of this Act, or the application thereof to any person or set of circumstances, is held to be invalid, such invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable.
SECTION 6. Definitions.
"Permit" means any licence, certificate, registration, approval, or other authorisation issued pursuant to this Act or the administrative regulations promulgated thereunder.
"Commissioner" means the duly appointed and confirmed Commissioner of the relevant Department as established pursuant to KRS Chapter 12.
"Fiscal Year" means the twelve-month period commencing on July 1 of each calendar year and terminating on June 30 of the succeeding calendar year.
"Programme" means the scheme of activities, services, and financial assistance established by this Act and administered by the Agency.
SECTION 7. Effective Date.
This Act shall take effect ninety (90) days following its enactment into law.
SECTION 8. Severability.
In the event any provision of this Act, or the application thereof to any person or set of circumstances, is held to be invalid, such invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable.
Legislative Proceedings
45 entriesWith the leave of this chamber, I introduce HB-016 and respectfully request that it be referred to the appropriate committee.
I second the motion to introduce HB-016 and concur that it warrants the serious attention of this chamber.
The Chair announces that HB-016 has been referred from initial introduction to open debate in accordance with the standing rules of this chamber.
I rise in strong support of HB-016. Having reviewed the bill's provisions in detail, I am persuaded that its enactment represents sound fiscal and legislative policy, and I urge my colleagues to vote affirmatively.
I rise in strong support of HB-016. Having reviewed the bill's provisions in detail, I am persuaded that its enactment represents sound fiscal and legislative policy, and I urge my colleagues to vote affirmatively.
The relevant committee has undertaken a thorough review of HB-016. I am satisfied that the bill is technically sound, fiscally responsible, and constitutionally defensible.
While I appreciate the intent behind HB-016, I believe the preferable course is to refer this matter back to committee for further refinement of its definitional provisions.
The committee received substantial testimony on HB-016 and, by a vote of the majority, reports it to the floor for consideration. A minority report has been filed and is available to all members.
I yield back the remainder of my time and ask for a favourable vote on HB-016.
I cast my vote in the negative, consistent with my responsibility to ensure the fiscal integrity of this Commonwealth.
I vote nay and respectfully express my concern that further deliberation is warranted.
I vote nay and respectfully express my concern that further deliberation is warranted.
Nay. The measure as drafted requires revision before it can command my support.
Nay. The measure as drafted requires revision before it can command my support.
Nay. I look forward to working with the sponsor on an amended version in a future session.
I vote nay and respectfully express my concern that further deliberation is warranted.
Yea. This legislation serves the public interest and merits the affirmative vote of this chamber.
Nay. I look forward to working with the sponsor on an amended version in a future session.
Nay. I look forward to working with the sponsor on an amended version in a future session.
I vote nay and respectfully express my concern that further deliberation is warranted.
I vote nay and respectfully express my concern that further deliberation is warranted.
Nay. The measure as drafted requires revision before it can command my support.
Nay. I look forward to working with the sponsor on an amended version in a future session.
I vote nay and respectfully express my concern that further deliberation is warranted.
I vote nay and respectfully express my concern that further deliberation is warranted.
I vote nay and respectfully express my concern that further deliberation is warranted.
Nay. I look forward to working with the sponsor on an amended version in a future session.
I cast my vote in the negative, consistent with my responsibility to ensure the fiscal integrity of this Commonwealth.
I vote yea and record my support for the advancement of sound public policy.
I vote nay and respectfully express my concern that further deliberation is warranted.
Yea. This legislation serves the public interest and merits the affirmative vote of this chamber.
Nay. The measure as drafted requires revision before it can command my support.
Yea. This legislation serves the public interest and merits the affirmative vote of this chamber.
I cast my vote in the negative, consistent with my responsibility to ensure the fiscal integrity of this Commonwealth.
I cast my vote in the negative, consistent with my responsibility to ensure the fiscal integrity of this Commonwealth.
Yea. I commend the sponsoring member for bringing this matter before the chamber.
Nay. I look forward to working with the sponsor on an amended version in a future session.
Nay. I look forward to working with the sponsor on an amended version in a future session.
I vote yea and record my support for the advancement of sound public policy.
Yea. I commend the sponsoring member for bringing this matter before the chamber.
I vote yea and record my support for the advancement of sound public policy.
Nay. The measure as drafted requires revision before it can command my support.
Nay. The measure as drafted requires revision before it can command my support.
Nay. I look forward to working with the sponsor on an amended version in a future session.
It is the determination of the Chair that HB-016 has failed of passage. The Clerk shall note the final vote in the journal.
Bill Progress
- Draft
- Debate
- Committee
- Floor Vote
- Other Chamber
- Governor
- Enacted