Session 2000
Effective: April 27, 2000
HOUSE Substitute for SENATE BILL No. 568
An Act concerning big game; relating to deer permits; concerning
reduction of certain deer
and big game populations; relating to
reduction of deer-related motor vehicle accidents;
relating to penalties for certain crimes;
amending K.S.A. 32-1032 and K.S.A. 1999 Supp.
32-937 and 32-965 and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 1999 Supp. 32-937
is hereby amended to read as
follows: 32-937. (a) When used in this section:
(1) "Landowner" means a resident owner of
farm or ranch land of
80 acres or more located in the state of Kansas.
(2) "Tenant" means an individual who is
actively engaged in the ag-
ricultural operation of 80 acres or more of Kansas farm or ranch
land for
the purpose of producing agricultural commodities or livestock and
who:
(A) Has a substantial financial investment in the production of
agricultural
commodities or livestock on such farm or ranch land and the
potential to
realize substantial financial benefit from such production; or (B)
is a bona
fide manager having an overall responsibility to direct, supervise
and con-
duct such agricultural operation and has the potential to realize
substan-
tial benefit from such production in the form of salary, shares of
such
production or some other economic incentive based upon such
produc-
tion.
(3) "Regular season" means a statewide
big game hunting season au-
thorized annually which may include one or more seasons restricted
to
specific types of equipment.
(4) "Special season" means a big game
hunting season in addition to
a regular season authorized on an irregular basis or at different
times of
the year other than the regular season.
(5) "General permit" means a big game
hunting permit available to
Kansas residents not applying for big game permits as a landowner
or
tenant.
(6) "Nonresident landowner" means a
nonresident of the state of
Kansas who owns farm or ranch land of 80 acres or more which is
located
in the state of Kansas.
(7) "Nonresident permit" means a big game
hunting permit available
to individuals who are not Kansas residents.
(b) Except as otherwise provided by law
or rules and regulations of
the secretary and in addition to any other license, permit or stamp
re-
quired by law or rules and regulations of the secretary, a valid
big game
permit and game tags are required to take any big game in this
state.
(c) The fee for big game permits and game
tags shall be the amount
prescribed pursuant to K.S.A. 32-988, and amendments thereto.
(d) A big game permit and game tags are
valid throughout the state
or such portion thereof as provided by rules and regulations
adopted by
the secretary in accordance with K.S.A. 32-805 and amendments
thereto.
(e) Unless otherwise provided by law or
rules and regulations of the
secretary, a big game permit and game tags are valid from the date
of
issuance and shall expire at the end of the season for which
issued.
(f) The secretary may adopt, in
accordance with K.S.A. 32-805, and
amendments thereto, rules and regulations for each regular or
special big
game hunting season and for each management unit regarding big
game
permits and game tags. The secretary is hereby authorized to issue
big
game permits and game tags pertaining to the taking of big game.
Sep-
arate big game permits and game tags may be issued for each species
of
big game. No big game permits or game tags shall be issued until
the
secretary has established, by rules and regulations adopted in
accordance
with K.S.A. 32-805, and amendments thereto, a regular or special
big
game hunting season.
(g) The secretary may authorize, by rule
and regulation adopted in
accordance with K.S.A. 32-805, and amendments thereto, landowner
or
tenant hunt-on-your-own-land big game permits. Such permits and
ap-
plications may contain provisions and restrictions as prescribed by
rule
and regulation adopted by the secretary in accordance with K.S.A.
32-
805, and amendments thereto.
(h) The secretary may authorize, by rule
and regulation adopted in
accordance with K.S.A. 32-805 and amendments thereto, special
land-
owner or tenant hunt-on-your-own-land deer permits. Such special
per-
mits shall not be issued to landowners or tenants in possession of
a hunt-
on-your-own-land deer permit as authorized in subsection (g). The
special
permits shall be transferable to any immediate family member of
the
landowner or tenant, whether or not a Kansas resident, or the
permit may
be retained for use by the landowner or tenant. The special permits
shall
be transferable through the secretary at the request of the
landowner or
tenant and by paying the required fee for a general deer permit.
The
special permits and applications may contain provisions and
restrictions
as prescribed by rule and regulation adopted by the secretary in
accord-
ance with K.S.A. 32-805 and amendments thereto. For the purposes
of
this subsection, "member of the immediate family" means lineal or
col-
lateral ascendants or descendants, and their spouses.
(i) Fifty percent of the big game permits
authorized for a regular
season in any management unit shall be issued to landowners or
tenants,
provided that a limited number of big game permits have been
authorized
and landowner or tenant hunt-on-your-own-land big game permits
for
that unit have not been authorized. A landowner or tenant is not
eligible
to apply for a big game permit as a landowner or as a tenant in a
man-
agement unit other than the unit or units which includes such
landowner's
or tenant's land. Any big game permits not issued to landowners or
ten-
ants within the time period prescribed by rule and regulation may
be
issued without regard to the 50% limitation.
(j) Members of the immediate family who
are domiciled with a land-
owner or tenant may apply for a resident big game permit as
a landowner
or as a tenant, but the total number of landowner or tenant
hunt-on-your-
own-land or special hunt-on-your-own-land permits issued to
a land-
owner or tenant and a landowner's or tenant's immediate family
for each
big game species shall not exceed one permit for each 80
acres owned by
such landowner or operated by such tenant. The secretary may
require
proof of ownership or tenancy from individuals applying for a big
game
permit as a landowner or as a tenant.
(k) The secretary may issue permits for
deer or turkey to nonresident
landowners, but any such permit shall be restricted to hunting only
on
lands owned by the nonresident landowner.
(l) The secretary may issue turkey
hunting permits to nonresidents
in turkey management units with unlimited turkey hunting permits
avail-
able.
(m) The secretary may issue deer hunting
permits to nonresidents,
subject to the following limitations:
(1) The total number of nonresident deer
firearm permits of each
type specified by rules and regulations that may be issued for a
deer
season in a management unit and which may be used to take
antlered
deer shall not exceed 5% 10% of the
total number of resident deer firearm
permits of such type authorized for such season in such management
unit;
and
(2) the total number of nonresident deer
archery permits of each type
specified by rules and regulations that may be issued for a deer
season in
a management unit and which may be used to take antlered
deer shall
not exceed 5% 15% of the total number of
resident deer archery permits
of such type authorized for such season in such management
unit.
Nonresident deer archery permits may be
restricted to a particular deer
species without regard to resident deer archery permit species
restric-
tions, or lack thereof.
If an unlimited number of resident deer
permits that may be used to
take antlered deer is authorized for a deer season or
management unit,
the percentage limitations of subsections (m)(1) and (m)(2) shall
be based
upon the total number of resident firearm permits that may be
used to
take antlered deer and the total number of archery permits
that may be
used to take antlered deer, respectively, issued in the
management unit
during the most recent preceding similar season. If in a management
unit
there are an unlimited number of game tags available to
residents an
unlimited number of resident permits that may be used to take
only an-
tlerless deer, the secretary, in the secretary's discretion
and in accordance
with rules and regulations, may authorize the issuance of
an unlimited
number of deer tags for such unit to nonresidents
of an unlimited number
of nonresident permits that may be used to take only antlerless
deer.
(n) Any nonresident deer hunting permits
authorized under subsec-
tion (m) that remain unissued due to an insufficient number of
nonresi-
dent applications as of a deadline determined by the secretary,
shall be
made available to residents.
(o) The secretary shall issue
nonresident deer permits pursuant to
subsection (m) to landowners and tenants applying for such
permits, ex-
cept that the total number of nonresident deer permits of each
type spec-
ified by rules and regulations that may be issued to landowners
and ten-
ants for a deer season in a management unit shall not exceed 50%
of the
total number of nonresident deer permits of such a type
authorized for
such season in such management unit. A nonresident deer permit
obtained
by a landowner or tenant shall retain the permit's original
designation,
except that such permit shall be transferable, with or without
considera-
tion, to any resident or nonresident through the secretary at
the request
of the landowner or tenant. A landowner or tenant purchasing a
nonres-
ident deer permit pursuant to this subsection shall pay the
established fee
for a nonresident deer permit.
The provisions of this subsection shall
expire on June 30, 2004.
(o) (p) No big
game permit issued to a person under 14 years of age
shall be valid until such person reaches 14 years of age, except
that a
person who is 12 years or 13 years of age and has been issued a
certificate
of completion of an approved hunter education course may be issued:
(1)
A deer archery permit if the person submits to the secretary
evidence,
satisfactory to the secretary, of completion of a bow hunting
safety edu-
cation course; or (2) a wild turkey firearm permit. Such deer
archery
permit or turkey firearm permit shall be valid only while the
individual
is hunting under the immediate supervision of an adult who is 21
years
of age or older.
(p) (q) A big
game permit shall state the species, number and sex of
the big game which may be killed by the permittee. The secretary
may
furnish an informational card with any big game permit and, at the
con-
clusion of the open season, each permittee receiving such card
shall re-
turn the card to the department, giving such information as is
called for
on the card.
(q) (r) The
permittee shall permanently affix the game tag to the
carcass of any big game immediately after killing and thereafter,
if re-
quired by rules and regulations, the permittee shall immediately
take such
killed game to a check station as required in the rules and
regulations,
where a check station tag shall be affixed to the game carcass if
the kill
is legal. The tags shall remain affixed until the carcass is
consumed or
processed for storage.
(r) (s) The
provisions of this section do not apply to big game animals
sold in surplus property disposal sales of department exhibit herds
or big
game animals legally taken outside this state.
Sec. 2. K.S.A. 1999 Supp. 32-965 is
hereby amended to read as fol-
lows: 32-965. (a) As used in this section, terms have the meanings
pro-
vided by K.S.A. 32-701 and amendments thereto.
(b) It shall be a goal of the department
to manage big game popu-
lations in the state at levels consistent with existing habitat and
landowner
and community tolerance. For this purpose, the secretary is
authorized
to issue big game control permits, in addition to big game permits
and
game tags issued during regularly designated hunting seasons.
(c) For each big game control permit
issued, the secretary may des-
ignate the period of time, the location and the number and type of
big
game that may be harvested. Use of any big game control permit
shall
require the permission of the landowner or tenant of the property
where
it is to be used.
(d) The secretary shall consult with
representatives of farming and
ranching organizations, county and city government associations
and
hunting organizations in the development, modification and
implemen-
tation of a big game control permit program.
(e) The secretary, in accordance with
K.S.A. 32-805 and amendments
thereto, may adopt such rules and regulations as necessary to
implement
to the provisions of this section. Such rules and regulations shall
not re-
quire an applicant for a big game control permit to attempt to
alleviate a
problem with big game using any means other than hunting during
the
regular firearms season for the appropriate species of big game
animal.
(f) The secretary shall establish a
toll-free telephone number for land-
owners and tenants to report property damage caused by big game,
re-
quest information regarding big game control permits and obtain
infor-
mation regarding any other programs that assist in reduction of
high local
big game populations, including, but not limited to, programs
that refer
landowners and tenants to hunters willing to hunt on a
landowner's or
tenant's land and programs that provide for departmental lease
of lands
for public hunting.
The provisions of this subsection
shall expire on June 30, 2004.
(g) The secretary shall cause to be
published quarterly, in newspapers
having general circulation in areas experiencing high deer
populations,
information regarding big game control permits and programs that
assist
in reduction of high local deer populations, including, but not
limited to,
programs that refer landowners and tenants to hunters willing to
hunt on
a landowner's or tenant's land and programs that provide for
departmen-
tal lease of lands for public hunting. Such information shall be
published
in a manner calculated to give actual notice to the public and
shall be
placed in a section other than the classified advertising
section of the
newspaper.
The provisions of this subsection shall
expire on June 30, 2004.
New Sec. 3. The secretary of
wildlife and parks and the secretary of
transportation shall cooperate in developing a management plan to
ad-
dress reduction of motor vehicle accidents involving deer in those
areas
of the state experiencing high numbers of such accidents. The
manage-
ment plan shall include methods to identify those areas and methods
to
inform and communicate with landowners and tenants in those
areas
regarding measures to reduce local deer populations. The
management
plan shall be completed on or before January 1, 2001, and the joint
report
of the secretary of wildlife and parks and the secretary of
transportation
shall be submitted to the senate standing committee on energy and
nat-
ural resources, the house standing committee on environment and
the
governor on or before February 1, 2001.
Sec. 4. 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 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) In addition to any other penalty
imposed by the convicting court,
if a person is convicted of a violation of K.S.A. 32-1002,
32-1003 or 32-
1013, and amendments thereto, that involves taking of a big game
animal,
or if a person is convicted of a violation of K.S.A. 32-1005,
and amend-
ments thereto, that involves commercialization of a big game
animal, the
court shall order:
(1) Upon the first such conviction,
forfeiture of the person's hunting
privileges for one year from the date of conviction and: (A)
Revocation of
the person's hunting license, unless such license is a lifetime
hunting li-
cense; or (B) if the person possesses a lifetime hunting
license, suspension
of such license for one year from the date of
conviction.
(2) Upon the second such conviction,
forfeiture of the person's hunt-
ing privileges for three years from the date of conviction and:
(A) Revo-
cation of the person's hunting license, unless such license is a
lifetime
hunting license; or (B) if the person possesses a lifetime
hunting license,
suspension of such license for three years from the date of
conviction.
(3) Upon the third or a subsequent
such conviction, forfeiture of the
person's hunting privileges for five years from the date of
conviction and:
(A) Revocation of the person's hunting license, unless such
license is a
lifetime hunting license; or (B) if the person possesses a
lifetime hunting
license, suspension of such license for five years from the date
of convic-
tion.
(c) If a person convicted of a
violation described in subsection (b) has
been issued a combination hunting and fishing license or a
combination
lifetime license, only the hunting portion of such license shall
be revoked
or suspended pursuant to subsection (b).
(d) Nothing in this section shall be
construed to prevent a convicting
court from suspending a person's hunting privileges or ordering
the for-
feiture or suspension of the person's license, permit, stamp or
other issue
of the department for a period longer than provided in this
section, if such
forfeiture or suspension is otherwise provided for by
law.
Sec. 5. K.S.A. 32-1032 and K.S.A.
1999 Supp. 32-937 and 32-965 are
hereby repealed.
Sec. 6. This act shall take effect
and be in force from and after its
publication in the Kansas register.