710             1997 Session Laws of Kansas             Ch. 127

Chapter 127

HOUSE BILL No. 2303

An Act concerning hunting or fishing by certain persons; amending K.S.A. 32-932 and
K.S.A. 1996 Supp. 32-937 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 32-932 is hereby amended to read as follows: 32-
932. (a) Any person having a permanent disability to the extent that such
person cannot physically use a conventional long bow or compound bow,
as certified by a person licensed to practice medicine and surgery in this
state, shall be authorized to hunt and take deer or, antelope, elk or wild
turkey
with a crossbow.

(b) The secretary of wildlife and parks shall adopt, in accordance with
K.S.A. 32-805, and amendments thereto, rules and regulations requiring
permits to hunt deer or, antelope, elk or wild turkey pursuant to subsec-
tion (a) and providing for the approval of applicants for such permits and
the issuance thereof. In addition, the secretary may adopt rules and reg-
ulations limiting the times and areas for hunting and taking deer and,
antelope, elk and wild turkey and limiting the number of deer and, an-
telope, elk and wild turkey which may be taken pursuant to subsection
(a).

(c) Falsely obtaining or using a permit authorized by this section is a
class C misdemeanor.

New Sec. 2. (a) Any person having a permanent physical or visual
disability such that the person cannot safely hunt or fish in accordance
with law and rules and regulations of the department, as certified by a
person licensed to practice optometry or medicine and surgery in this
state, shall be eligible to obtain a disability assistance permit. The permit
shall allow the permitholder to designate another person to take, on be-
half of and while accompanied by the permitholder, the permitholder's
legal limit of game or fish. The person designated shall hold all licenses,
permits, stamps or other issues of the department required for the activity
being engaged in and the permitholder shall remain subject to all other
laws and rules and regulations of the department for the activity being
engaged in. On the determination of the secretary, the disability assist-
ance permit may designate the hunting or fishing activity for which assis-
tance to the permitholder may be provided.

(b) The secretary shall adopt, in accordance with K.S.A. 32-805, and
amendments thereto, rules and regulations providing for the approval of
applicants for permits pursuant to subsection (a) and for the issuance of
such permits.

(c) Falsely obtaining or using a permit authorized by this section is a
class C misdemeanor.

Ch. 127             1997 Session Laws of Kansas             711

Sec. 3. K.S.A. 1996 Supp. 32-937 is hereby amended to read as fol-
lows: 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 a resident of this state who is actively engaged
in the agricultural 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, su-
pervise and conduct such agricultural operation and has the potential to
realize substantial benefit from such production in the form of salary,
shares of such production or some other economic incentive based upon
such production.

(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

712             1997 Session Laws of Kansas             Ch. 127

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 or nonresident deer
permit and the additional payment of the permit transfer fee. The special
permits and applications may contain provisions and restrictions as pre-
scribed by rule and regulation adopted by the secretary in accordance
with K.S.A. 32-805 and amendments thereto. For the purposes of this
subsection, ``member of the immediate family'' means lineal or collateral
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 big game permit as a landowner or as a
tenant, but the total number of permits issued to a landowner or tenant
and a landowner's or tenant's immediate family shall not exceed one per-
mit 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.

Ch. 127             1997 Session Laws of Kansas             713

(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 issued for
a deer season in a management unit shall not exceed 5% of the total
number of resident deer firearm permits authorized for such season in
such management unit; and

(2) the total number of nonresident deer archery permits issued for
a deer season in a management unit shall not exceed 5% of the total
number of resident deer archery permits authorized for such season in
such management unit.

If an unlimited number of resident deer permits is authorized for a
deer season or management unit, the percentage limitations of subsec-
tions (l)(1) and (l)(2) (m)(1) and (m)(2) shall be based upon the total
number of resident firearm permits and the total number of archery per-
mits, respectively, issued in the management unit during the most recent
preceding similar season. Notwithstanding the foregoing provisions of this
subsection, nonresident firearm deer permits of a particular type and
nonresident archery deer permits of a particular type may be issued in a
firearms management unit only if resident firearm permits of such type
remained unissued after the close of the previous year's first permit se-
lection process in that management unit.

(n) Any recipient of a nonresident deer hunting permit as authorized
under subsection (l) shall be ineligible to apply for or to receive a non-
resident deer hunting permit for any deer season established for the fol-
lowing year
nonresident deer hunting permits authorized under subsec-
tion (m) that remain unissued due to an insufficient number of
nonresident applications as of a deadline determined by the secretary,
shall be made available to residents
.

(o) 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, sat-
isfactory to the secretary, of completion of a bow hunting safety education
course; or (2)
a wild turkey firearm permit may be issued to any individual
who is 12 years of age or older but is under 14 years of age if the individual
has been issued a certificate of completion of an approved hunter edu-
cation course
. Such deer archery permit or turkey firearm permit shall

714             1997 Session Laws of Kansas             Ch. 127

be valid only while the individual is hunting under the immediate super-
vision of an adult who is 21 years of age or older.

(p) 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 conclusion of
the open season, each permittee receiving such card shall return the card
to the department, giving such information as is called for on the card.

(q) The permittee shall permanently affix the game tag to the carcass
of any big game immediately after killing and thereafter, if required 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) 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. 4. K.S.A. 32-932 and K.S.A. 1996 Supp. 32-937 are hereby re-
pealed.

Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 24, 1997.