Kentucky 2025 Regular Session

Kentucky House Bill HB767

Introduced
2/19/25  
Refer
2/19/25  

Caption

AN ACT relating to fish and wildlife law enforcement.

Summary

HB767 revises Kentucky law governing fish and wildlife enforcement, with a particular focus on when officers may enter private open land. The bill adds a general rule that officers may not enter or access private open land for covert surveillance or to install surveillance devices without a search warrant, unless an exception applies. Those exceptions include permission from the owner or lawful occupant, exigent circumstances involving immediate threats to public safety, personally observed distressed or dangerous wildlife, or situations where boundaries and ownership of rural land cannot reasonably be identified. The bill also requires officers who enter private open land to notify the landowner, lessee, or lawful occupant when reasonably possible, and to use body-worn cameras or other recording devices in accordance with agency policy. At the same time, it preserves and clarifies the authority of game wardens to enforce fish, game, and boating laws, including their peace-officer powers, authority to inspect licenses, tags, and related equipment, and authority to make warrantless arrests for violations observed in the act. It also adds a provision allowing the Department of Fish and Wildlife Resources to require certain newly appointed game wardens to enter employment contracts and to seek reimbursement from another law enforcement agency if a warden leaves for that agency. In practical terms, the bill would modify KRS 15.519, KRS 150.090, and KRS 235.310 by narrowing general officer access to private open land while expressly preserving game warden enforcement authority subject to the new land-access rules. It would affect the Department of Fish and Wildlife Resources, game wardens, other law enforcement officers, landowners, hunters, anglers, and boat owners, and it would create a clearer statutory framework for surveillance, land entry, and inspection activities on private rural property. The available record shows no committee transcript and no recorded votes, so there is no documented debate or formal vote history to gauge support or opposition. Based on the bill text alone, the measure appears aimed at balancing wildlife-law enforcement needs with property-rights and privacy protections, suggesting a policy approach that could appeal to both landowners and enforcement officials depending on how the access limits are viewed. The main point of contention is likely the scope of officer authority on private land, especially the new warrant requirement for covert surveillance and surveillance-device installation. Supporters would likely emphasize privacy, trespass protections, and limits on surveillance, while opponents or concerned agencies may argue that the restrictions could complicate wildlife enforcement operations. The bill also raises a secondary issue about employment contracts and reimbursement for game wardens who move to other agencies, which could be viewed as a retention tool or as a hiring barrier depending on perspective.

Impact

HB767 would amend Kentucky statutes governing law enforcement access to private open land and the powers of Department of Fish and Wildlife Resources officers. It would add warrant and notice requirements for covert surveillance on private open land, while preserving exceptions for consent, exigent circumstances, certain wildlife-response situations, and unclear rural boundaries. It would also clarify that game wardens retain peace-officer authority, inspection powers, and enforcement authority under KRS Chapters 150 and 235, but must comply with the new private-land access rules in Section 1. In addition, it would authorize employment contracts for newly appointed game wardens and reimbursement to the department if a contracted warden later joins another law enforcement agency.

Sentiment

There is no recorded committee discussion or vote history in the provided material, so the bill’s sentiment cannot be measured from formal legislative debate. From the text, the bill appears to reflect a mixed but generally policy-driven approach: it strengthens privacy and property-rights protections for landowners while preserving core enforcement powers for game wardens and other officers. The overall tone suggests an attempt to balance enforcement needs with limits on surveillance and land entry.

Contention

The most notable contention is the restriction on officers entering private open land for covert surveillance or surveillance-device installation without a search warrant. That issue pits privacy and trespass concerns, likely favored by landowners and civil-liberties advocates, against enforcement flexibility, likely favored by wildlife officers and agencies that rely on field surveillance. A second possible point of contention is the bill’s treatment of game wardens: it preserves broad enforcement authority but subjects it to the new land-access rules, which could be seen either as a necessary safeguard or as an operational constraint. The employment-contract and reimbursement provisions for game wardens may also draw scrutiny from agencies and prospective officers.

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.