Ky. Rev. Stat. » Chapter 150
Kentucky Revised Statutes

Ky. Rev. Stat. § 150.090 (2026)

Commissioner's power and duty to appoint all game wardens considered

✓ current as of May 2026
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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. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 159, sec. 8, effective July 15, 2024. -- Amended 2023 Ky. Acts ch. 69, sec. 3, effective June 29, 2023. -- Amended 2019 Ky. Acts ch. 167, sec. 2, effective June 27, 2019. -- Amended 1986 Ky. Acts ch. 424, sec. 1, effective July 15, 1986. -- Amended 1968 Ky. Acts ch. 38, sec. 3 -- Amended 1956 Ky. Acts ch. 115, sec. 7 -- Amended 1952 Ky. Acts ch. 200, sec. 14 -- Amended 1942 Ky. Acts ch. 68, sec. 9 -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1954d-9.

Notes of Decisions
Cited in 6 cases, 1950–2020 · leading case: Estep v. Combs, 366 F. Supp. 3d 863 (E.D. Ky. 2018).
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Estep v. Combs, 366 F. Supp. 3d 863 (E.D. Ky. 2018). · cites it 4× “Section 150.090 does not define "obstruct" but Kentucky law does define obstruction in analogous circumstances as "intentionally obstruct[ing], impair[ing] or hinder[ing] the performance of a governmental function by using or threatening to use violence, force or physical…”
Mercer v. Commonwealth, 880 S.W.2d 899 (Ky. Ct. App. 1994). · cites it 7× “Specifically, appellant argues that KRS 150.090(1) must be strictly construed to mean that the Commissioner has the ability to send out his officers in life threatening situations or upon requests from other enforcement agencies only on a case-by-ease basis.”
Commonwealth v. Carr, 227 S.W.2d 904 (Ky. Ct. App. 1950). · cites it 3× “KRS 150.090 does not clothe them with blanket authority to enter upon or pass over private property without the consent of the owner.”
Estep v. Combs (E.D. Ky. 2020). · cites it 15× “Obstructing or Interfering KRS 150.090,11 in relevant part, provides: (2) Conservation officers appointed by the commissioner shall have full powers as peace officers for the enforcement of all of the laws of the Commonwealth[.”
Sandra J. Turner v. Commonwealth of Kentucky (Ky. Ct. App. 2020). · cites it 4× “At this hearing, Turner argued Officer Jones exceeded the scope of his authority as a Kentucky Department of Fish and Wildlife officer under KRS 150.090. Officer Jones testified he had authority because the Commissioner of the Kentucky State Police gave him authority in a letter…”
Polk v. Jones (W.D. Ky. 2020). “The Court found that “[p]ointing a gun at an officer in a manner that creates a substantial danger of injury clearly establishes probable cause for the charge of threatening or attempting to intimidate an officer in violation of § 150.090(6).” Id. at 717. Therefore, the claim…”
— Ky. Rev. Stat. § 150.090(1) — 3 cases
Estep v. Combs, 366 F. Supp. 3d 863 (E.D. Ky. 2018). “Section 150.090 does not define "obstruct" but Kentucky law does define obstruction in analogous circumstances as "intentionally obstruct[ing], impair[ing] or hinder[ing] the performance of a governmental function by using or threatening to use violence, force or physical…”
Mercer v. Commonwealth, 880 S.W.2d 899 (Ky. Ct. App. 1994). “Specifically, appellant argues that KRS 150.090(1) must be strictly construed to mean that the Commissioner has the ability to send out his officers in life threatening situations or upon requests from other enforcement agencies only on a case-by-ease basis.”
Sandra J. Turner v. Commonwealth of Kentucky (Ky. Ct. App. 2020). “At this hearing, Turner argued Officer Jones exceeded the scope of his authority as a Kentucky Department of Fish and Wildlife officer under KRS 150.090. Officer Jones testified he had authority because the Commissioner of the Kentucky State Police gave him authority in a letter…”
— Ky. Rev. Stat. § 150.090(2) — 1 case
Sandra J. Turner v. Commonwealth of Kentucky (Ky. Ct. App. 2020). “At this hearing, Turner argued Officer Jones exceeded the scope of his authority as a Kentucky Department of Fish and Wildlife officer under KRS 150.090. Officer Jones testified he had authority because the Commissioner of the Kentucky State Police gave him authority in a letter…”
— Ky. Rev. Stat. § 150.090(4) — 1 case
Estep v. Combs (E.D. Ky. 2020). “Obstructing or Interfering KRS 150.090,11 in relevant part, provides: (2) Conservation officers appointed by the commissioner shall have full powers as peace officers for the enforcement of all of the laws of the Commonwealth[.”
— Ky. Rev. Stat. § 150.090(6) — 3 cases
Estep v. Combs, 366 F. Supp. 3d 863 (E.D. Ky. 2018). “Section 150.090 does not define "obstruct" but Kentucky law does define obstruction in analogous circumstances as "intentionally obstruct[ing], impair[ing] or hinder[ing] the performance of a governmental function by using or threatening to use violence, force or physical…”
Estep v. Combs (E.D. Ky. 2020). “Obstructing or Interfering KRS 150.090,11 in relevant part, provides: (2) Conservation officers appointed by the commissioner shall have full powers as peace officers for the enforcement of all of the laws of the Commonwealth[.”
Polk v. Jones (W.D. Ky. 2020). “The Court found that “[p]ointing a gun at an officer in a manner that creates a substantial danger of injury clearly establishes probable cause for the charge of threatening or attempting to intimidate an officer in violation of § 150.090(6).” Id. at 717. Therefore, the claim…”
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