Session of 2000
         
HOUSE BILL No. 2937
         
By Representatives Schwartz, Dreher, Flower, Freeborn, Humerick-
         
house, Hutchins, Lloyd, P. Long and J. Peterson
         
2-9
         

10             AN  ACT relating to big game animals; providing for reimbursement for
11             big game damage under certain circumstances.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. (a) As used in this section, terms have the meanings pro-
15       vided by K.S.A. 32-701, and amendments thereto.
16             (b) A person who incurs damage caused by big game animals may
17       receive reimbursement for such damage as provided by this section, if:
18             (1) The person is an owner or tenant of the land where the damage
19       occurs, a person who controls such land or an owner of an apiary or
20       livestock damaged by big game;
21             (2) the damage is damage to commercial seedings or crops growing
22       on agricultural land, damage to crops that have been harvested for sale
23       or further use but that have not been removed from the agricultural land,
24       damage to orchard trees or nursery stock or damage to apiaries or
25       livestock;
26             (3) the person has consulted with the department and has complied
27       with any measures recommended by the department to abate the damage;
28             (4) the person and any other person who owns, leases or controls the
29       land where the big game damage occurred allows hunting, as provided
30       by subsection (e), of the type of big game animals causing the damage;
31             (5) the person has managed the seedings, crops, orchard trees, nurs-
32       ery stock, apiaries or livestock for which reimbursement is sought in ac-
33       cordance with normal agricultural practices; and
34             (6) the person files a statement of claim with the department, in a
35       form acceptable to the department, within 30 days after the time the
36       damage first occurs.
37             (c) The department shall investigate each statement of claim filed
38       pursuant to this section to verify the total amount of the big game damage
39       that occurred, regardless of the amount that may be eligible for payment
40       under the provisions of this section. In calculating the amount of reim-
41       bursement to be paid for a claim under this section, the department shall
42       determine the amount as follows:
43             (1) If the verified amount of the claim is $500 or less, the claimant


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  1       shall receive no payment.
  2             (2) If the verified amount of the claim is more than $500, the claimant
  3       shall be paid 100% of the amount of the claim that exceeds $500, except
  4       that the total amount paid to any claimant pursuant to this section in any
  5       one fiscal year shall not exceed $10,000.
  6             (d) The department shall pay a claimant the amount determined pur-
  7       suant to subsection (c) no later than June 1 of the calendar year after the
  8       calendar year in which the statement of claim was filed.
  9             (e) Except as provided by subsection (f), to be eligible for reimburse-
10       ment pursuant to this section, the claimant and any other person who
11       owns, leases or controls the land where the big game damage occurred
12       must have allowed hunting of the type of big game animals causing the
13       damage on that land and on contiguous land under the same ownership,
14       lease or control. The claimant shall not lose eligibility by reason of:
15             (1) Requiring hunters first to notify the landowner of the hunter's
16       intent to hunt on the land;
17             (2) prohibiting hunters from bringing a motor vehicle onto the land
18       without the prior permission of the landowner;
19             (3) prohibiting hunters from using a stand located on the land without
20       the prior permission of the landowner; or
21             (4) denying a hunter access to the land for reasonable cause, includ-
22       ing any of the following:
23             (A) The presence of two or more hunters per 40 acres of eligible land
24       when the hunter notifies the landowner that the hunter intends to hunt
25       on the land.
26             (B) The hunter appears to be intoxicated or unruly.
27             (C) The hunter causes property damage.
28             (D) The hunter fails first to notify the landowner of intent to hunt
29       on the land or brings a motor vehicle onto the land without the prior
30       permission of the landowner.
31             (f) The requirements of subsection (e) shall not apply to a person
32       who does not have authority to control entry on the land for purposes of
33       hunting.
34             (g) If a person who is required to permit hunting on land as required
35       by subsection (e) fails to do so, the person shall be liable for:
36             (1) Repayment of any reimbursement paid for the big game damage
37       claim; and
38             (2) payment of all costs of reviewing, investigating and approving the
39       big game damage claim and the costs of investigating the failure to permit
40       hunting on the land.
41             (h) A person receiving reimbursement for big game damage shall
42       retain all records as required by the department and make such records
43       available for inspection by the department at reasonable times. The de-


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  1       partment may enter and inspect, at reasonable times, any land for which
  2       a big game damage claim has been filed. No person may refuse entry or
  3       access to or withhold records from the department under this subsection.
  4       No person may obstruct or interfere with an inspection by the department
  5       under this subsection. The department, if requested, shall furnish to the
  6       person a report setting forth all of factual findings by the department that
  7       relate to the inspection.
  8             (i) The department shall conduct random audits of big game damage
  9       claims paid pursuant to this section. The department shall conduct audits
10       of all claims filed by, and payments made to, department employees.
11             (j) If a person filing a big game damage statement of claim negligently
12       makes, or causes to be made, a false statement or representation of a
13       material fact in making the claim or application, the person shall be liable
14       for:
15             (1) Repayment of any reimbursement paid for the big game damage
16       claim; and
17             (2) payment of all costs of reviewing, investigating and approving the
18       big game damage claim and the costs of investigating and determining
19       whether a false statement or representation was made.
20             (k) Any person who owns, leases or controls land or owns livestock
21       or apiaries for which a benefit was received in violation of or who fails to
22       allow hunting as required by subsection (e) shall not be eligible for re-
23       imbursement for big game damage pursuant to this section for a period
24       of 10 years commencing after the day on which the false statement or
25       representation occurred, regardless of whether the person knew or should
26       have known of the false statement or misrepresentation.
27             (l) On or before February 1 each year, the department shall submit
28       to the house standing committee on environment, the senate standing
29       committee on energy and natural resources and the house and senate
30       standing committees on agriculture a report concerning the big game
31       damage claim program, including a summary of:
32             (1) All big game damage believed to have occurred in the state;
33             (2) big game damage claims filed pursuant to this section; and
34             (3) the percentage of the total number of filed big game damage
35       claims that are rejected for failure to meet the requirements of this
36       section.
37             (m) The secretary may adopt, in accordance with K.S.A. 32-805, and
38       amendments thereto, rules and regulations to implement and enforce the
39       provisions of this section.
40             Sec.  2. (a) No person knowingly shall make or cause to be made any
41       false statement or representation of material fact in making a claim for
42       reimbursement for big game damage pursuant to section 1, and amend-
43       ments thereto.


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  1             (b) A court finding a person to be in violation of subsection (a) may
  2       order any of the following:
  3             (1) That the person repay any reimbursement paid for the big game
  4       damage claim and all costs of reviewing, investigating and approving the
  5       big game damage claim and the costs of investigating and determining
  6       whether a false statement or representation was made.
  7             (2) That the person pay a forfeiture equal to two times the total
  8       amount of reimbursement paid for the big game damage claim plus an
  9       amount not to exceed $1,000.
10             (3) Revocation of any license, permit or other issue of the department
11       held by the person if the person owns, leases or controls land, or owns
12       livestock or apiaries, to which the false statement or representation
13       relates.
14             (4) That the person be prohibited from receiving any reimbursement
15       pursuant to this section for a period of 10 years commencing after the
16       day that the false statement or representation occurred.
17             Sec.  3. (a) There is hereby established in the state treasury the big
18       game damage reimbursement fund.
19             (b) Moneys in the big game damage reimbursement fund shall be
20       used only for the purpose of paying claims for big game damage pursuant
21       to section 1, and amendments thereto.
22             (c) Subject to the provisions of subsection (d), an amount equal to
23       $10 for each deer permit in excess of 80,000 issued during a fiscal year
24       pursuant to K.S.A. 32-937, and amendments thereto, shall be transferred
25       from the wildlife fee fund to the big game damage reimbursement fund.
26       Whenever during the fiscal year, 80,000 such permits have been issued,
27       the secretary of wildlife and parks, on or before the 15th day of each
28       month remaining in such fiscal year, shall certify to the director of ac-
29       counts and reports the amount that shall be transferred to the big game
30       damage reimbursement fund from permits issued during the previous
31       calendar month.
32             (d) Whenever on the 15th day of a month the unobligated principal
33       balance of the big game damage reimbursement fund equals or exceeds
34       $2,000,000, the transfer provided for by subsection (c) shall not be made.
35             (e) On or before the 10th day of each month, the director of accounts
36       and reports shall transfer from the state general fund to the big game
37       damage reimbursement fund interest earnings based on:
38             (1) The average daily balance of moneys in the big game damage
39       reimbursement fund for the preceding month; and
40             (2) the net earnings rate for the pooled money investment portfolio
41       for the preceding month.
42             (f) All expenditures from the big game damage reimbursement fund
43       shall be made in accordance with appropriation acts upon warrants of the


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  1       director of accounts and reports issued pursuant to vouchers approved
  2       by the secretary of wildlife and parks or a person designated by the
  3       secretary. 
  4        Sec.  4. This act shall take effect and be in force from and after its
  5       publication in the statute book.