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AN ACT relating to Department of Fish and Wildlife Resources conservation 1
officers and declaring an emergency. 2
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3
SECTION 1. A NEW SECTION OF KRS CHAPTER 150 IS CREATED TO 4
READ AS FOLLOWS: 5
(1) Notwithstanding any provision of KRS Chapter 18A to the contrary, the 6
qualification requirements, salary schedules, and rate structures for conservation 7
officers employed by the department shall be established according to the 8
requirements of this section. 9
(2) The base compensation of full-time sworn conservation officers shall be 10
determined based on years of service and rank, as provided in this section. 11
(3) The years-of-service requirements for the salary schedule for ranks below 12
sergeant shall be: 13
(a) A conservation officer recruit, which shall be a newly hired officer that has 14
not completed the Department of Fish and Wildlife Resources Academy 15
training, the Department of Criminal Justice Basic Police Officer Training, 16
and the Department of Fish and Wildlife Resources Law Enforcement Field 17
Training Program; 18
(b) A conservation officer I, which shall be a conservation officer who has 19
completed all of the training programs referenced in paragraph (a) of this 20
subsection and has completed at least one (1) year of service; 21
(c) A conservation officer II, which shall be a conservation officer who has 22
completed five (5) or more years of service; and 23
(d) A master conservation officer, which shall be a conservation officer who 24
has completed ten (10) or more years of service. 25
(4) Promotions to sergeant within the department shall be on the following terms and 26
conditions: 27 UNOFFICIAL COPY 22 RS BR 1786
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(a) The applicant must have served six (6) years of continuous service as a 1
commissioned conservation officer to be eligible for promotion to sergeant; 2
(b) The applicant may be excluded from promotion eligibility by the 3
commissioner for up to thirty-six (36) months on the basis of substantiated 4
misconduct, as set forth in department policy; 5
(c) Promotions shall be based on cumulative scores computed from twenty-five 6
percent (25%) on personnel performance evaluation, thirty percent (30%) 7
on job simulation examination, and forty-five percent (45%) on a written 8
examination on which the applicant achieved at least a minimum score as 9
determined by the commissioner in consultation with the commission; 10
(d) The promotional list shall be valid for one (1) year, shall consist of the 11
numerical scores and rankings of each applicant, and promotions shall be 12
made in consecutive order beginning with the highest numerical ranking to 13
fill an interim vacancy. When two (2) or more applicants receive the same 14
numerical score, the order of placement on the list shall be determined by 15
seniority of service. Upon the determination of a new numerical ranking 16
following a new examination, all previous rankings shall be null and void; 17
(e) The written examination shall be prepared and administered by an 18
individual designated by the commissioner. The materials and textbooks 19
shall be selected by the commissioner and his or her staff. The 20
commissioner shall inform all applicants at least three (3) months prior to 21
the examination date of the exact material from which test questions will be 22
taken and the minimum score required to be eligible for placement on the 23
promotional list; 24
(f) The written test shall be administered to all applicants at the same time. 25
Upon completion of the written test, the applicant shall receive his or her 26
numerical score. The numerical score shall remain valid for a period of two 27 UNOFFICIAL COPY 22 RS BR 1786
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(2) years following the date of examination unless the source material upon 1
which the test is based is changed by more than thirty percent (30%), 2
provided that the numerical score meets or exceeds the minimum score set 3
in paragraph (e) of this subsection for the current year's promotional list; 4
(g) The job simulation examination shall be evaluated by boards designated by 5
the commissioner consisting of the commissioner or his or her designated 6
appointee not lower than rank of captain, an officer from another police 7
agency of the rank equal to the position for which the applicant is 8
competing, an instructor from an accredited law enforcement education 9
program, a personnel director from private industry, and an officer from 10
the department of the rank equal to the position for which the applicant is 11
competing; 12
(h) The designated job simulation examination boards shall perform all 13
evaluations under guidelines developed and approved by the commissioner; 14
and 15
(i) Personnel evaluations shall be made by the appropriate supervisory 16
personnel under procedures established and approved by the commissioner. 17
(5) Promotions from sergeant to lieutenant within the department shall be on the 18
same terms and conditions as promotions to sergeant. In addition, any applicant 19
for lieutenant must have completed at least one (1) year of continuous service in 20
grade as sergeant. 21
(6) Promotions from lieutenant to captain within the department shall be on the 22
same terms and conditions as promotions to lieutenant. In addition, any 23
applicant for captain must have completed at least one (1) year of continuous 24
service in grade as lieutenant. 25
(7) The department shall develop and administer only one (1) test for each of the 26
ranks described in subsections (4), (5), and (6) of this section. All eligible 27 UNOFFICIAL COPY 22 RS BR 1786
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applicants shall be permitted to participate in the promotional process to the next 1
highest position of responsibility wherever a vacancy exists. 2
(8) Officers promoted to rank of sergeant, lieutenant, or captain shall serve a 3
probationary period for one (1) year of continuous service from the effective date 4
of their promotions, and may be reverted to their previous rank with or without 5
cause at any time during this period. If reverted to a previous rank, an individual 6
is ineligible for promotion the next time the promotional process is offered. 7
(9) Notwithstanding the provisions of this chapter or KRS Chapter 18A to the 8
contrary, all ranks above the grade of captain are temporary and shall not be 9
subject to the provisions for selection and promotion as required in this section. 10
All officers in these temporary positions shall serve at the pleasure of the 11
commissioner and shall revert to their previous permanent rank upon the 12
termination of their temporary appointment. 13
(10) The total number of supervisory officers of all classifications shall be limited to a 14
ratio not to exceed one (1) supervisor for every five (5) nonsupervisory officers. 15
(11) No officer of the department, other than temporary positions above the rank of 16
captain, shall be promoted to the next highest rank without competing with other 17
officers as prescribed by the promotional procedure in this section. 18
(12) There shall be no discrimination based on race, sex, age, national origin, color, 19
religion, creed, or political affiliation with respect to the department promotional 20
system. All personnel actions are to be based solely on merit. 21
(13) Any salary supplement received from the Law Enforcement Foundation Program 22
Fund pursuant to KRS 15.460(1)(e) or any comparable supplements received 23
from another funding source shall be in addition to the amounts reflected in the 24
base salary schedules established in subsection (14) of this section. 25
(14) (a) The salary schedules established in this subsection are based on a 26
combination of officer classification and years of service. 27 UNOFFICIAL COPY 22 RS BR 1786
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(b) When "NA" appears in the schedule, it is not possible for an officer to be in 1
that classification and years-of-service combination based upon statutory or 2
regulatory conditions established for promotion or advancement. 3
(c) Salary increases based on years of service shall be effective on the first day 4
of the month during which the anniversary of the officer's appointment as a 5
commissioned Department of Fish and Wildlife Resources conservation 6
officer falls. 7
(d) Salary increases based on promotion to a higher rank shall be effective on 8
the first day of the month following completion of any probationary period 9
established for that rank. 10
(e) If an officer is reverted to a previous rank, the officer's salary shall be 11
adjusted to the salary reflected in the base salary schedule for the officer's 12
applicable number of years of service and rank. The adjustment shall take 13
effect the first pay period following the pay period in which the reversion 14
occurs. 15
(f) The base salary for a conservation officer recruit shall be forty-five 16
thousand dollars ($45,000). 17
BASE SALARY SCHEDULE FOR RANKS BELOW SERGEANT 18
Years of Service Conservation Officer Salary Steps Based on Rank 19
Conservation Conservation Master Conservation 20
Officer I Officer II Officer 21
Base Pay $55,888.74 NA NA 22
3 years $59,582.94 $61,421.95 NA 23
5 years NA $62,719.18 NA 24
7 years NA $64,053.11 NA 25
9 years NA $65,428.04 NA 26
10 years NA NA $65,723.75 27 UNOFFICIAL COPY 22 RS BR 1786
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13 years NA NA $68,367.86 1
15 years NA NA $74,741.79 2
17 years NA NA $77,837.02 3
19 years NA NA $81,116.79 4
21 years NA NA $84,499.10 5
23 years NA NA $88,834.36 6
25 years NA NA $88,834.36 7
27 years NA NA $89,594.13 8
29 years NA NA $90,361.47 9
BASE SALARY SCHEDULE SERGEANT AND ABOVE 10
Years of Service Salary Steps Based on Rank 11
Sergeant Lieutenant Captain 12
6 years $68,991.10 NA NA 13
7 years $70,458.42 NA NA 14
8 years $70,458.42 NA NA 15
9 years $71,970.84 NA NA 16
11 years $72,296.13 $79,525.74 NA 17
12 years $75,204.65 $82,725.11 $87,478.31 18
13 years $75,204.65 $82,725.11 $90,997.62 19
15 years $82,215.97 $90,437.57 $99,481.32 20
17 years $85,620.72 $94,182.79 $103,601.07 21
19 years $89,228.47 $98,151.32 $107,996.45 22
21 years $92,949.01 $102,243.91 $112,468.30 23
23 years $96,889.17 $106,578.08 $117,235.89 24
25 years $97,717.80 $107,489.58 $118,238.53 25
27 years $98,553.54 $108,408.90 $119,248.79 26
29 years $99,397.62 $109,337.38 $120,271.12 27 UNOFFICIAL COPY 22 RS BR 1786
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(15) The salary schedules shall be applied to officers employed by the department on 1
the effective date of this Act as follows: 2
(a) Any officer whose base salary exceeds the amount established for his or her 3
years of service and rank in subsection (14) of this section shall retain his 4
or her base salary and shall not receive an increase under the salary 5
schedule until the officer's years of service and rank require a higher base 6
salary than the base salary he or she was receiving on the effective date of 7
this Act; and 8
(b) Any officer whose base salary is below the amount established for his or her 9
years of service and rank in subsection (14) of this section shall receive the 10
base salary he or she qualifies for under the salary schedule for the pay 11
period beginning July 1, 2022. 12
(16) Beginning on July 1, 2023, the salary schedules established in subsection (14) of 13
this section shall be adjusted annually to incorporate any increase in the 14
nonseasonally adjusted Consumer Price Index for all urban consumers, U.S. city 15
average, all items, published by the United States Department of Labor's Bureau 16
of Labor Statistics. 17
(17) The commissioner may establish additional ranks beyond those established in 18
this section, including the rank of major and colonel. If the commissioner 19
establishes additional ranks, then the commissioner shall set forth in a written 20
policy the conditions under which an officer may be promoted to those ranks, and 21
the salary that an officer would receive while serving at that rank. 22
Section 2. KRS 150.090 is amended to read as follows: 23
(1) The commissioner shall appoint, promote, or take other employment actions to the 24
ranks, grades, and positions of the department conservation officers who are 25
considered by the commissioner to be necessary for the efficient administration of 26
the department, but only in accordance with Section 1 of this Act. 27 UNOFFICIAL COPY 22 RS BR 1786
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(2) Conservation officers appointed by the commissioner shall have full powers as 1
peace officers for the enforcement of all of the laws of the Commonwealth, 2
including the administrative regulations promulgated pursuant to KRS Chapters 150 3
and 235 and to serve process. 4
(3) Each conservation officer is individually vested with the powers of a peace officer 5
and shall have in all parts of the state the same powers with respect to criminal 6
matters and enforcement of the laws relating thereto as sheriffs, constables, and 7
police officers in their respective jurisdictions, and shall possess all the immunities 8
and matters of defense now available or hereafter made available to sheriffs, 9
constables, and police officers in any suit brought against them in consequence of 10
acts done in the course of their employment and within the scope of their duties. 11
Any warrant of arrest may be executed by any officer of the department. 12
(4) Conservation officers charged with the enforcement of this chapter and the 13
administrative regulations issued thereunder shall have the right to go upon the land 14
of any person or persons whether private or public for the purpose of the 15
enforcement of laws or orders of the department relating to game or fish, while in 16
the normal, lawful and peaceful pursuit of such investigation or work or 17
enforcement, may enter upon, cross over, be upon, and remain upon privately 18
owned lands for such purposes, and shall not be subject to arrest for trespass while 19
so engaged or for such cause thereafter. They may arrest on sight, without warrant, 20
any person detected by them in the act of violating any of the provisions of this 21
chapter. They shall have the same rights as sheriffs to require aid in arresting with 22
or without process any person found by them violating any of the provisions of this 23
chapter and may seize without process anything declared by this chapter to be 24
contraband. No liability shall be incurred by any person charged or directed in the 25
enforcement of this chapter. 26
(5) Conservation officers and other officers charged with the enforcement of this 27 UNOFFICIAL COPY 22 RS BR 1786
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chapter, shall have the authority to call for and inspect the license or tag, bag or 1
creel of any person engaged in any activity for the performance of which a license is 2
required under this chapter, and shall also have the authority to take proper 3
identification of any person, or hunter, or fisherman who is actually engaged in any 4
of these activities, and to call for and inspect any and all firearms and any other 5
device that may be used in taking wildlife and is in the possession of any person so 6
engaged. 7
(6) No person shall resist, obstruct, interfere with or threaten or attempt to intimidate or 8
in any other manner interfere with any officer in the discharge of his duties under 9
the provisions of this chapter. This subsection shall not apply to a criminal 10
homicide or an assault upon such officer. An assault upon such officer shall be 11
deemed an offense under KRS Chapter 507 or 508, as appropriate. 12
Section 3. Any funds necessary to meet the salary requirements of Section 1 of 13
this Act shall be paid from the game and fish fund established under KRS 150.150 and 14
shall not be appropriated from the general fund. 15
Section 4. Whereas it is critical to the functioning of the Department of Fish and 16
Wildlife Resources that a uniform salary and promotion schedule be adopted for the 17
recruitment and retention of conservation officers charged with enforcing the game and 18
fish laws of the Commonwealth, an emergency is declared to exist, and this Act takes 19
effect July 1, 2022. 20