Session of 2000
Effective: July 1, 2000
HOUSE BILL No. 2976
An Act concerning animals; relating to penalty for taking trophy
big game; penalty for
importation or possession of feral swine;
amending K.S.A. 32-1032 and K.S.A. 1999
Supp. 47-1809 and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 32-1032 is hereby
amended to read as follows: 32-
1032. (a) Violation of any provision of the wildlife and
parks laws of this
state or rules and regulations of the secretary relating to big
game permits
and game tags is a misdemeanor, subject to the provisions of
subsection
(b), punishable by a fine of not less than $250 nor more
than $1,000 or
by imprisonment in the county jail for not more than six months, or
by
both.
(b) (1) In addition to any other
penalty prescribed by law, the un-
lawful intentional taking of a trophy big game animal shall be
punishable
by a fine of $5,000.
(2) A trophy big game animal shall
include any animal meeting the
following criteria:
(A) An antlered whitetail deer having
an inside spread measurement
of at least 17 inches;
(B) an antlered mule deer having an
inside spread measurement of at
least 22 inches;
(C) an antlered elk having at least
six points on one antler; or
(D) an antelope having at least one
horn greater than 14 inches in
length.
(3) The secretary may adopt, in
accordance with K.S.A. 32-805, and
amendments thereto, such rules and regulations that the
secretary deems
necessary to implement and define the terms of this
section.
Sec. 2. K.S.A. 1999 Supp. 47-1809
is hereby amended to read as
follows: 47-1809. (a) As used in this section, "feral swine" means
any
untamed or undomesticated hog, boar or pig.
(b) Importation or possession, or both,
of feral swine into the state
of Kansas is a violation of state law, which may incur a civil
penalty in the
amount of not less than $250 $1,000 nor
more than $1,000 $5,000 for
each such violation. In the case of a continuing violation, every
day such
violation continues shall be deemed a separate violation.
(c) Any duly authorized agent of the
livestock commissioner, upon a
finding that any person, or agent or employee thereof, has violated
any
of the provisions stated above, may impose a civil penalty upon
such
person as provided in this section.
(d) No civil penalty shall be imposed
pursuant to this section except
upon the written order of the duly authorized agent of the
livestock com-
missioner to the person who committed the violation. Such order
shall
state the violation, the penalty to be imposed and the right of the
person
to appeal to the commissioner. Any such person, within 20 days
after
notification, may make written request to the commissioner for a
hearing
in accordance with the provisions of the Kansas administrative
procedure
act. The commissioner shall affirm, reverse or modify the order and
shall
specify the reasons therefor.
(e) Any person aggrieved by an order of
the commissioner made un-
der this section may appeal such order to the district court in the
manner
provided by the act for judicial review and civil enforcement of
agency
actions.
(f) Any civil penalty recovered pursuant
to the provisions of this sec-
tion shall be remitted to the state treasurer, deposited in the
state treasury
and credited to the state general fund.
(g) The livestock commissioner, or the
authorized representative of
the livestock commissioner, may destroy or require the destruction
of any
feral swine upon discovery of such swine.
Sec. 3. K.S.A.
32-1032 and K.S.A. 1999 Supp. 47-1809 are hereby
repealed.
Sec. 4. This act
shall take effect and be in force from and after its
publication in the statute book.