150.090 Commissioner's power and duty to appoint all game wardens considered
704 words·~3 min read·
/ky/150-090A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
to be necessary for the efficient administration of the department -- Each game
warden is individually vested with the powers of a peace officer in all parts of
the state -- Employment contract permitted.
(1)The commissioner shall appoint, promote, or take other employment actions to the
ranks, grades, and positions of the department game wardens who are considered by
the commissioner to be necessary for the efficient administration of the department.
(2)Game wardens appointed by the commissioner shall have full powers as peace
officers for the enforcement of all of the laws of the Commonwealth, including the
administrative regulations promulgated pursuant to KRS Chapters 150 and 235 and
to serve process.
(3)Each game warden is individually vested with the powers of a peace officer and
shall have in all parts of the state the same powers with respect to criminal matters
and enforcement of the laws relating thereto as sheriffs, constables, and police
officers in their respective jurisdictions, and shall possess all the immunities and
matters of defense now available or hereafter made available to sheriffs, constables,
and police officers in any suit brought against them in consequence of acts done in
the course of their employment and within the scope of their duties. Any warrant of
arrest may be executed by any officer of the department.
(4)Game wardens charged with the enforcement of this chapter and the administrative
regulations issued thereunder shall have the right to go upon the land of any person
or persons whether private or public for the purpose of the enforcement of laws or
orders of the department relating to game or fish, while in the normal, lawful and
peaceful pursuit of such investigation or work or enforcement, may enter upon,
cross over, be upon, and remain upon privately owned lands for such purposes, and
shall not be subject to arrest for trespass while so engaged or for such cause
thereafter. They may arrest on sight, without warrant, any person detected by them
in the act of violating any of the provisions of this chapter. They shall have the
same rights as sheriffs to require aid in arresting with or without process any person
found by them violating any of the provisions of this chapter and may seize without
process anything declared by this chapter to be contraband. No liability shall be
incurred by any person charged or directed in the enforcement of this chapter.
(5)Game wardens and other officers charged with the enforcement of this chapter,
shall have the authority to call for and inspect the license or tag, bag or creel of any
person engaged in any activity for the performance of which a license is required
under this chapter, and shall also have the authority to take proper identification of
any person, or hunter, or fisherman who is actually engaged in any of these
activities, and to call for and inspect any and all firearms and any other device that
may be used in taking wildlife and is in the possession of any person so engaged.
(6)No person shall resist, obstruct, interfere with or threaten or attempt to intimidate or
in any other manner interfere with any officer in the discharge of his duties under
the provisions of this chapter. This subsection shall not apply to a criminal
homicide or an assault upon such officer. An assault upon such officer shall be
deemed an offense under KRS Chapter 507 or 508, as appropriate.
(7)The commissioner may, as a condition of employment, require a newly appointed department game warden to enter into an employment contract for a period of no longer than five
(5)years from the date of appointment. If a department game warden who entered into a contract authorized under this subsection accepts employment as a peace officer with another law enforcement agency, that law enforcement agency shall reimburse the department for the actual costs incurred and expended by the department that are associated with the initial hiring of that department game warden, including but not limited to the application process, training costs, equipment costs, salary, and fringe benefits. The department shall be reimbursed for the costs from the time of department game warden initial application until appointment.