----------------------------------------------------------------------------


 9  AN ACT concerning big game permits; relating to certain deer permits;
10    amending K.S.A. 1996 Supp. 32-937 and repealing the existing section.
11
12  Be it enacted by the Legislature of the State of Kansas:
13    Section 1.  K.S.A. 1996 Supp. 32-937 is hereby amended to read as
14  follows: 32-937. (a) When used in this section:
15    (1)  ``Landowner'' means a resident owner of farm or ranch land of
16  80 acres or more located in the state of Kansas.
17    (2)  ``Tenant'' means a resident of this state who is actively engaged
18  in the agricultural operation of 80 acres or more of Kansas farm or ranch
19  land for the purpose of producing agricultural commodities or livestock
20  and who: (A) Has a substantial financial investment in the production of
21  agricultural commodities or livestock on such farm or ranch land and the
22  potential to realize substantial financial benefit from such production; or
23  (B) is a bona fide manager having an overall responsibility to direct, su-
24  pervise and conduct such agricultural operation and has the potential to
25  realize substantial benefit from such production in the form of salary,
26  shares of such production or some other economic incentive based upon
27  such production.
28    (3)  ``Regular season'' means a statewide big game hunting season au-
29  thorized annually which may include one or more seasons restricted to
30  specific types of equipment.
31    (4)  ``Special season'' means a big game hunting season in addition to
32  a regular season authorized on an irregular basis or at different times of
33  the year other than the regular season.
34    (5)  ``General permit'' means a big game hunting permit available to
35  Kansas residents not applying for big game permits as a landowner or
36  tenant.
37    (6)  ``Nonresident landowner'' means a nonresident of the state of
38  Kansas who owns farm or ranch land of 80 acres or more which is located
39  in the state of Kansas.
40    (7)  ``Nonresident permit'' means a big game hunting permit available
41  to individuals who are not Kansas residents.
42    (b)  Except as otherwise provided by law or rules and regulations of
43  the secretary and in addition to any other license, permit or stamp re-
HB 2391
                                     

 1  quired by law or rules and regulations of the secretary, a valid big game
 2  permit and game tags are required to take any big game in this state.
 3    (c)  The fee for big game permits and game tags shall be the amount
 4  prescribed pursuant to K.S.A. 32-988, and amendments thereto.
 5    (d)  A big game permit and game tags are valid throughout the state
 6  or such portion thereof as provided by rules and regulations adopted by
 7  the secretary in accordance with K.S.A. 32-805 and amendments thereto.
 8    (e)  Unless otherwise provided by law or rules and regulations of the
 9  secretary, a big game permit and game tags are valid from the date of
10  issuance and shall expire at the end of the season for which issued.
11    (f)  The secretary may adopt, in accordance with K.S.A. 32-805, and
12  amendments thereto, rules and regulations for each regular or special big
13  game hunting season and for each management unit regarding big game
14  permits and game tags. The secretary is hereby authorized to issue big
15  game permits and game tags pertaining to the taking of big game. Sep-
16  arate big game permits and game tags may be issued for each species of
17  big game. No big game permits or game tags shall be issued until the
18  secretary has established, by rules and regulations adopted in accordance
19  with K.S.A. 32-805, and amendments thereto, a regular or special big
20  game hunting season.
21    (g)  The secretary may authorize, by rule and regulation adopted in
22  accordance with K.S.A. 32-805, and amendments thereto, landowner or
23  tenant hunt-on-your-own-land big game permits. Such permits and ap-
24  plications may contain provisions and restrictions as prescribed by rule
25  and regulation adopted by the secretary in accordance with K.S.A. 32-
26  805, and amendments thereto.
27    (h)  The secretary may authorize, by rule and regulation adopted in
28  accordance with K.S.A. 32-805 and amendments thereto, special land-
29  owner or tenant hunt-on-your-own-land deer permits. Such special per-
30  mits shall not be issued to landowners or tenants in possession of a hunt-
31  on-your-own-land deer permit as authorized in subsection (g). The special
32  permits shall be transferable to any immediate family member of the
33  landowner or tenant, whether or not a Kansas resident, or the permit may
34  be retained for use by the landowner or tenant. The special permits may
35  be sold or otherwise transferred by the landowner or tenant to any resi-
36  dent or nonresident individual who holds a valid Kansas hunting license
37  lawfully issued to such individual. The total number of permits issued to
38  a landowner or tenant pursuant to this subsection shall not exceed more
39  than one permit for each 80 acres owned by the landowner or operated
40  by the tenant but shall not otherwise be subject to any limitation on the
41  number of permits authorized to be issued within a management district,
42  the number of permits authorized to be issued to nonresidents or the
43  number of permits authorized to be issued to landowners and tenants.
HB 2391
                                     

 1  The special permits shall be transferable through the secretary at the
 2  request of the landowner or tenant and by paying the required fee for a
 3  general or nonresident deer permit and the additional payment of the
 4  permit transfer fee. The special permits and applications may contain
 5  provisions and restrictions as prescribed by rule and regulation adopted
 6  by the secretary in accordance with K.S.A. 32-805 and amendments
 7  thereto. For the purposes of this subsection, ``member of the immediate
 8  family'' means lineal ascendants or descendants, and their spouses.
 9    (i)  Fifty percent of the big game permits authorized for a regular
10  season in any management unit shall be issued to landowners or tenants,
11  provided that a limited number of big game permits have been authorized
12  and landowner or tenant hunt-on-your-own-land big game permits for
13  that unit have not been authorized. A landowner or tenant is not eligible
14  to apply for a big game permit as a landowner or as a tenant in a man-
15  agement unit other than the unit or units which includes such landowner's
16  or tenant's land. Any big game permits not issued to landowners or ten-
17  ants within the time period prescribed by rule and regulation may be
18  issued without regard to the 50% limitation.
19    (j)  Members of the immediate family who are domiciled with a land-
20  owner or tenant may apply for a big game permit as a landowner or as a
21  tenant, but the total number of permits issued to a landowner or tenant
22  and a landowner's or tenant's immediate family shall not exceed one per-
23  mit for each 80 acres owned by such landowner or operated by such
24  tenant. The secretary may require proof of ownership or tenancy from
25  individuals applying for a big game permit as a landowner or as a tenant.
26    (k)  The secretary may issue permits for deer or turkey to nonresident
27  landowners, but any such permit shall be restricted to hunting only on
28  lands owned by the nonresident landowner.
29    (l)  The secretary may issue turkey hunting permits to nonresidents
30  in turkey management units with unlimited turkey hunting permits avail-
31  able.
32    (m)  The secretary may issue deer hunting permits to nonresidents,
33  subject to the following limitations:
34    (1)  The total number of nonresident deer firearm permits issued for
35  a deer season in a management unit shall not exceed 5% of the total
36  number of resident deer firearm permits authorized for such season in
37  such management unit; and
38    (2)  the total number of nonresident deer archery permits issued for
39  a deer season in a management unit shall not exceed 5% of the total
40  number of resident deer archery permits authorized for such season in
41  such management unit.
42    If an unlimited number of resident deer permits is authorized for a
43  deer season or management unit, the percentage limitations of subsec-
HB 2391
                                     

 1  tions (l)(1) and (l)(2) (m)(1) and (m)(2) shall be based upon the total
 2  number of resident firearm permits and the total number of archery per-
 3  mits, respectively, issued in the management unit during the most recent
 4  preceding similar season. Notwithstanding the foregoing provisions of this
 5  subsection, nonresident firearm deer permits of a particular type and
 6  nonresident archery deer permits of a particular type may be issued in a
 7  firearms management unit only if resident firearm permits of such type
 8  remained unissued after the close of the previous year's first permit se-
 9  lection process in that management unit.
10    (n)  Any recipient of a nonresident deer hunting permit as authorized
11  under subsection (l) (m) shall be ineligible to apply for or to receive a
12  nonresident deer hunting permit for any deer season established for the
13  following year.
14    (o)  No big game permit issued to a person under 14 years of age shall
15  be valid until such person reaches 14 years of age, except that a wild
16  turkey firearm permit may be issued to any individual who is 12 years of
17  age or older but is under 14 years of age if the individual has been issued
18  a certificate of completion of an approved hunter education course. Such
19  turkey firearm permit shall be valid only while the individual is hunting
20  under the immediate supervision of an adult who is 21 years of age or
21  older.
22    (p)  A big game permit shall state the species, number and sex of the
23  big game which may be killed by the permittee. The secretary may furnish
24  an informational card with any big game permit and, at the conclusion of
25  the open season, each permittee receiving such card shall return the card
26  to the department, giving such information as is called for on the card.
27    (q)  The permittee shall permanently affix the game tag to the carcass
28  of any big game immediately after killing and thereafter, if required by
29  rules and regulations, the permittee shall immediately take such killed
30  game to a check station as required in the rules and regulations, where a
31  check station tag shall be affixed to the game carcass if the kill is legal.
32  The tags shall remain affixed until the carcass is consumed or processed
33  for storage.
34    (r)  The provisions of this section do not apply to big game animals
35  sold in surplus property disposal sales of department exhibit herds or big
36  game animals legally taken outside this state.
37    Sec. 2.  K.S.A. 1996 Supp. 32-937 is hereby repealed.
38    Sec. 3.  This act shall take effect and be in force from and after its
39  publication in the statute book.