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AN ACT relating to hunting on state historic battlefield sites. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 150 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section, "state historic battlefield site" means any public property 5
owned or managed by the Department of Parks that contains a battlefield site 6
recognized by the Kentucky Military Heritage Commission in its latest Kentucky 7
Military Sites Report. 8
(2) A person shall not hunt on any property that is part of a state historic battlefield 9
site unless the commission, with prior written approval of the Department of 10
Parks, authorizes a quota or other limited hunt on the property that is tailored to 11
meet specific goals of a wildlife management plan for the area. 12
Section 2. KRS 150.990 is amended to read as follows: 13
(1) Each bird, fish, or animal taken, possessed, bought, sold, or transported and each 14
device used or possessed contrary to the provisions of this chapter or any 15
administrative regulation promulgated by the commission thereunder shall 16
constitute a separate offense. The penalties prescribed in this section shall be for 17
each offense. 18
(2) (a) Any person who fails to appear pursuant to a citation or summons issued by a 19
game warden or peace officer of this Commonwealth for violation of this 20
chapter or any administrative regulation promulgated thereunder shall forfeit 21
his or her license or, if that person is license-exempt, shall forfeit the privilege 22
to perform the acts authorized by the license. The individual shall not be 23
permitted to purchase another license or exercise the privileges granted by a 24
license until the citation or summons is resolved. The court shall notify the 25
department whenever a person has failed to appear pursuant to a citation or 26
summons for a violation of this chapter or any administrative regulation 27 UNOFFICIAL COPY 25 RS BR 1269
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promulgated thereunder. 1
(b) Any person who violates any of the provisions of this chapter or any 2
administrative regulations promulgated by the commission thereunder may, in 3
addition to the penalties provided in subsections (3), (4), (5), (6), (7), and (8) 4
of this section, forfeit his or her license or, if that person is license-exempt, 5
may forfeit the privilege to perform the acts authorized by the license and 6
shall not be permitted to purchase another license or exercise the privileges 7
granted by a license during the same license year. No fines, penalty, or 8
judgment assessed or rendered under this chapter shall be suspended, reduced, 9
or remitted otherwise than expressly provided by law. Any person who 10
violates any administrative regulation which has been or may be promulgated 11
by the commission under any provisions of this chapter shall be subject to the 12
same penalty as is provided for the violation of any provisions of this chapter 13
under which the administrative regulation is promulgated. 14
(3) Any person who violates any of the provisions of KRS 150.120, 150.170, 15
150.235(1), 150.280, 150.320, 150.330(2), 150.355, 150.362, 150.400, 150.410, 16
150.415, 150.416, 150.445, 150.450, 150.470, 150.603, or 150.722(2), or any of the 17
provisions of this chapter or any administrative regulation promulgated by the 18
commission for which no definite fine or imprisonment is fixed shall be fined not 19
less than fifty dollars ($50) nor more than five hundred dollars ($500). 20
(4) Any person who violates any of the provisions of KRS 150.195(5) to (8), 150.290, 21
150.300, 150.340, 150.360, 150.362(1), 150.485, 150.600, 150.630, or 150.660 22
shall be fined not less than fifty dollars ($50) nor more than five hundred dollars 23
($500) or be imprisoned for not more than six (6) months, or both. Also, any person 24
violating the provisions of KRS 150.300 shall be assessed treble damages as 25
provided in KRS 150.690 or 150.700. Damages assessed under this subsection shall 26
be ordered to be paid directly to the department. The court shall not direct that the 27 UNOFFICIAL COPY 25 RS BR 1269
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damages be paid through the circuit clerk. 1
(5) Any person who violates any of the provisions of KRS 150.411, 150.412, or 2
150.417 shall be fined not less than one hundred dollars ($100) nor more than five 3
hundred dollars ($500). 4
(6) Any person who violates any of the provisions of KRS 150.183, 150.305, 150.365, 5
150.370, 150.330(1), 150.235(2), (3), or (4), or 150.363 shall be fined not less than 6
one hundred dollars ($100) nor more than five hundred dollars ($500) or 7
imprisoned for not more than six (6) months, or both. 8
(7) Any person who violates any of the provisions of KRS 150.460 shall be fined not 9
less than one hundred dollars ($100) nor more than five hundred dollars ($500) or 10
imprisoned for not more than six (6) months, or both, and in addition to these 11
penalties shall be liable to the department in an amount not to exceed the 12
replacement value of the fish and wildlife which has been killed or destroyed. Costs 13
assessed for the restoration of wildlife under this subsection shall be ordered to be 14
paid directly to the department. The court shall not direct that the costs be paid 15
through the circuit clerk. 16
(8) Any person who violates the provisions of KRS 150.180, 150.520, 150.525, or 17
administrative regulations issued thereunder shall for the first offense be fined not 18
less than one hundred dollars ($100) nor more than one thousand dollars ($1,000); 19
and shall for a second offense be fined not less than five hundred dollars ($500) nor 20
more than one thousand five hundred dollars ($1,500); and for any subsequent 21
offense, be fined two thousand dollars ($2,000). 22
(9) Any person who violates the provisions of KRS 150.520 or administrative 23
regulations issued thereunder shall, if the violation relates to methods of taking 24
mussels, for a first offense be imprisoned in the county jail for no more than thirty 25
(30) days; for a second offense be imprisoned in the county jail for no more than six 26
(6) months; and for any subsequent offense be imprisoned in the county jail for no 27 UNOFFICIAL COPY 25 RS BR 1269
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more than one (1) year. The penalties for violation of this subsection shall be in 1
addition to the penalties for violation of subsection (8). 2
(10) Any person who violates any of the provisions of KRS 150.4111, 150.640, or KRS 3
150.450(2) or (3) shall be fined not less than one hundred dollars ($100) nor more 4
than one thousand dollars ($1,000). 5
(11) Any person who violates any of the provisions of KRS 150.390 or KRS 150.092(4) 6
shall be fined not less than one hundred dollars ($100) nor more than one thousand 7
dollars ($1,000) or imprisoned for not less than thirty (30) days nor more than one 8
(1) year, or both. In addition to the penalties prescribed above, he or she shall forfeit 9
his or her license or, if license-exempt, the privilege to perform the acts authorized 10
by the license for a period of one (1) to three (3) years and shall be liable to the 11
department in an amount reasonably necessary to replace any deer, wild turkey, or 12
bear taken in violation of KRS 150.390 and for violations of KRS 150.092(4) shall 13
be liable to the landowner or occupant for reasonable compensation for damages. 14
Wildlife replacement costs assessed under this subsection shall be ordered to be 15
paid directly to the department. The court shall not direct that the damages be paid 16
through the circuit clerk. Damages assessed under this subsection shall be ordered 17
to be paid directly to the landowner or occupant. The court shall not direct that the 18
damages be paid through the circuit clerk. Any person who possesses, takes, or 19
molests a wild elk in violation of KRS 150.390 or administrative regulations 20
promulgated under authority of that section shall be fined not less than one 21
thousand dollars ($1,000) nor more than five thousand dollars ($5,000) or 22
imprisoned for up to six (6) months, or both. In addition to these penalties, the 23
person shall pay to the department an amount not to exceed the greater of the 24
replacement cost of the wild elk or double any monetary gain realized from the 25
illegal activity and shall forfeit his or her license or, if license-exempt, the privilege 26
to perform the acts authorized by the license for a period of one (1) to three (3) 27 UNOFFICIAL COPY 25 RS BR 1269
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years. 1
(12) Any person who violates any of the provisions of KRS 150.090 other than a 2
criminal homicide or an assault against an officer enforcing the provisions of this 3
chapter, KRS Chapter 235, or the administrative regulations issued thereunder shall 4
be guilty of a Class A misdemeanor. 5
(13) Any person who commits a criminal homicide or an assault against an officer 6
enforcing the provisions of this chapter, KRS Chapter 235, or the administrative 7
regulations issued thereunder shall be subject to the penalties specified for the 8
offense under KRS Chapter 507 or 508, as appropriate. 9
(14) A person shall be guilty of a Class B misdemeanor upon the first conviction for a 10
violation of KRS 150.710. A subsequent conviction shall be a Class A 11
misdemeanor. 12
(15) Any person who violates the provisions of Section 1 of this Act or KRS 150.092 or 13
the administrative regulations promulgated thereunder for which no other penalty is 14
specified elsewhere in this section shall for the first offense be fined not less than 15
one hundred dollars ($100) nor more than three hundred dollars ($300); for the 16
second offense, be fined not less than three hundred dollars ($300) nor more than 17
one thousand dollars ($1,000); and for subsequent offenses, shall forfeit the license 18
or, if license-exempt, the privilege to perform the acts authorized by the license, for 19
one (1) year and shall be fined not less than one thousand dollars ($1,000) or be 20
imprisoned in the county jail for up to one (1) year, or both. In addition to the 21
penalties prescribed in this subsection, the violator shall be liable to the landowner 22
or tenant for the replacement cost of any property which was damaged or destroyed 23
by his or her actions. Damages assessed under this subsection shall be ordered to be 24
paid directly to the landowner or the tenant. The court shall not direct that the 25
damages be paid through the circuit clerk. 26
(16) (a) Any person who knowingly violates KRS 150.361 shall for a first offense be 27 UNOFFICIAL COPY 25 RS BR 1269
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fined not less than one hundred dollars ($100) nor more than one thousand 1
dollars ($1,000) or be imprisoned in the county jail for not more than six (6) 2
months, or both. 3
(b) Any person who knowingly violates KRS 150.361 shall for a second or 4
subsequent offense be fined not less than five hundred dollars ($500) nor 5
more than one thousand five hundred dollars ($1,500) or be imprisoned in the 6
county jail for not more than six (6) months, or both. 7
(c) In addition to the penalties specified in paragraphs (a), (b), and (d) of this 8
subsection, a person knowingly violating KRS 150.361 shall forfeit his or her 9
hunting license or, if license-exempt, the privilege to perform the acts 10
authorized by the license for a period of not less than one (1) nor more than 11
three (3) years. 12
(d) In addition to the penalties specified in paragraphs (a), (b), and (c) of this 13
subsection any person knowingly violating KRS 150.361 shall be liable to the 14
department in an amount not to exceed the greater of the replacement value of 15
any wildlife killed or wounded in violation of KRS 150.361 or double the 16
amount of the monetary gain from knowingly violating KRS 150.361. 17
(e) Wildlife replacement costs or other costs specified in paragraph (d) of this 18
subsection shall be ordered paid directly to the department. The court shall not 19
direct that the replacement costs be paid through the circuit clerk. 20
(17) Any person convicted of violating KRS 150.186 shall be guilty of a Class A 21
misdemeanor and shall, whether licensed or license-exempt, forfeit his or her right 22
to hunt, fish, trap, or be licensed as a guide for a period of ten (10) years. 23