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 9  AN ACT relating to big game permits; amending K.S.A. 1996 Supp. 32-
10    937 and 32-988 and repealing the existing sections.
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-
SB 288
                                     

 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)  Except as provided in subsection (h), the secretary may authorize,
22  by rule and regulation adopted in accordance with K.S.A. 32-805, and
23  amendments thereto, landowner or tenant hunt-on-your-own-land big
24  game permits. Such permits and applications may contain provisions and
25  restrictions as prescribed by rule and regulation adopted by the secretary
26  in accordance with K.S.A. 32-805, and amendments thereto.
27    (h)  Except as provided in subsection (n), the secretary may authorize,
28  by rule and regulation adopted in accordance with K.S.A. 32-805 and
29  amendments thereto, special landowner or tenant hunt-on-your-own-land
30  deer permits. Such special permits shall not be issued to landowners or
31  tenants in possession of a hunt-on-your-own-land deer permit as author-
32  ized in subsection (g). The special permits shall be transferable to any
33  immediate family member of the landowner or tenant, whether or not a
34  Kansas resident, or the permit may be retained for use by the landowner
35  or tenant. The special permits shall be transferable through the secretary
36  at the request of the landowner or tenant and by paying the required fee
37  for a general or nonresident deer permit and the additional payment of
38  the permit transfer fee. The special permits and applications may contain
39  provisions and restrictions as prescribed by rule and regulation adopted
40  by the secretary in accordance with K.S.A. 32-805 and amendments
41  thereto. For the purposes of this subsection, ``member of the immediate
42  family'' means lineal ascendants or descendants, and their spouses.
43    (i)  Fifty percent of the big game permits authorized for a regular
SB 288
                                     

 1  season in any management unit shall be issued to landowners or tenants,
 2  provided that a limited number of big game permits have been authorized
 3  and landowner or tenant hunt-on-your-own-land big game permits for
 4  that unit have not been authorized. A landowner or tenant is not eligible
 5  to apply for a big game permit as a landowner or as a tenant in a man-
 6  agement unit other than the unit or units which includes such landowner's
 7  or tenant's land. Any big game permits not issued to landowners or ten-
 8  ants within the time period prescribed by rule and regulation may be
 9  issued without regard to the 50% limitation.
10    (j)  Members of the immediate family who are domiciled with a land-
11  owner or tenant may apply for a big game permit as a landowner or as a
12  tenant, but the total number of permits issued to a landowner or tenant
13  and a landowner's or tenant's immediate family shall not exceed one per-
14  mit for each 80 acres owned by such landowner or operated by such
15  tenant. The secretary may require proof of ownership or tenancy from
16  individuals applying for a big game permit as a landowner or as a tenant.
17    (k)  The secretary may issue permits for deer or turkey to nonresident
18  landowners, but any such permit shall be restricted to hunting only on
19  lands owned by the nonresident landowner.
20    (l)  The secretary may issue turkey hunting permits to nonresidents
21  in turkey management units with unlimited turkey hunting permits avail-
22  able.
23    (m)  Except as provided in subsection (n), the secretary may issue deer
24  hunting permits to nonresidents, subject to the following limitations:
25    (1)  The total number of nonresident deer firearm permits issued for
26  a deer season in a management unit shall not exceed 5% of the total
27  number of resident deer firearm permits authorized for such season in
28  such management unit; and
29    (2)  the total number of nonresident deer archery permits issued for
30  a deer season in a management unit shall not exceed 5% of the total
31  number of resident deer archery permits authorized for such season in
32  such management unit.
33    If an unlimited number of resident deer permits is authorized for a
34  deer season or management unit, the percentage limitations of subsec-
35  tions (l)(1) and (l)(2) paragraphs (1) and (2) of this subsection shall be
36  based upon the total number of resident firearm permits and the total
37  number of archery permits, respectively, issued in the management unit
38  during the most recent preceding similar season. Notwithstanding the
39  foregoing provisions of this subsection, nonresident firearm deer permits
40  of a particular type and nonresident archery deer permits of a particular
41  type may be issued in a firearms management unit only if resident firearm
42  permits of such type remained unissued after the close of the previous
43  year's first permit selection process in that management unit.
SB 288
                                     

 1    (n)  A landowner or tenant may apply for and obtain hunt-on-your-
 2  own-land deer big game permits authorizing the taking of deer, by any
 3  means authorized by law, on such landowner's or tenant's land. A land-
 4  owner or tenant may apply for and obtain additional hunt-on-your-own-
 5  land deer big game permits based on an acreage formula developed by
 6  the secretary. The landowner or tenant may sell or transfer any such
 7  permits by assigning such permits by writing on the face of the permit,
 8  to any resident or nonresident who is a holder of a valid hunting license
 9  or to a person exempt by law from the requirement of having a hunting
10  license to hunt in this state. The landowner or tenant may sell such permit
11  for an amount in excess of the fee paid by the landowner. No such permit
12  shall be assigned to more than one person. Any hunter sold a permit under
13  this subsection shall be accompanied by a guide designated by the land-
14  owner. The secretary may adopt rules and regulations necessary for the
15  issuance of permits under the authority of this subsection, including the
16  development of an acreage formula.
17    (n) (o)  Any recipient of a nonresident deer hunting permit as au-
18  thorized under subsection (l) (m) shall be ineligible to apply for or to
19  receive a nonresident deer hunting permit for any deer season established
20  for the following year.
21    (o) (p)  No big game permit issued to a person under 14 years of age
22  shall be valid until such person reaches 14 years of age, except that a wild
23  turkey firearm permit may be issued to any individual who is 12 years of
24  age or older but is under 14 years of age if the individual has been issued
25  a certificate of completion of an approved hunter education course. Such
26  turkey firearm permit shall be valid only while the individual is hunting
27  under the immediate supervision of an adult who is 21 years of age or
28  older.
29    (p) (q)  A big game permit shall state the species, number and sex of
30  the big game which may be killed by the permittee. The secretary may
31  furnish an informational card with any big game permit and, at the con-
32  clusion of the open season, each permittee receiving such card shall re-
33  turn the card to the department, giving such information as is called for
34  on the card.
35    (q) (r)  The permittee shall permanently affix the game tag to the
36  carcass of any big game immediately after killing and thereafter, if re-
37  quired by rules and regulations, the permittee shall immediately take such
38  killed game to a check station as required in the rules and regulations,
39  where a check station tag shall be affixed to the game carcass if the kill
40  is legal. The tags shall remain affixed until the carcass is consumed or
41  processed for storage.
42    (r) (s)  The provisions of this section do not apply to big game animals
43  sold in surplus property disposal sales of department exhibit herds or big
SB 288
                                     

 1  game animals legally taken outside this state.
 2    Sec. 2.  K.S.A. 1996 Supp. 32-988 is hereby amended to read as fol-
 3  lows: 32-988. (a) The secretary is authorized to adopt, in accordance with
 4  K.S.A. 32-805 and amendments thereto, rules and regulations fixing the
 5  amount of fees for the following items, subject to the following limitations
 6  and subject to the requirement that no such rules and regulations shall
 7  be adopted as temporary rules and regulations:
 8  Big game permits
 9    Resident: minimum $10, maximum $100
10    Nonresident: minimum $30, maximum $400
11    Big game tag: maximum $10
12    Nonresident applications: maximum $5
13    Transfer fee: minimum $10, maximum $40
14  Combination hunting and fishing licenses
15    Resident: minimum $10, maximum $30
16    Lifetime: minimum $400, maximum $600; or 8 quarterly payments, each minimum $55,
17    maximum $80
18    Nonresident: minimum $75, maximum $125
19  Commercial dog training permits: minimum $10, maximum $25
20  Commercial guide permit or associate guide permit: maximum $50
21  Commercial harvest or dealer permits: minimum $10, maximum $200
22  Commercial prairie rattlesnake harvesting permits
23    Resident or nonresident with valid hunting license: maximum $5
24    Resident or nonresident nonfirearm without valid hunting license: maximum $20
25  Controlled shooting area operator license: minimum $200, maximum $400
26  Duplicate licenses, permits, stamps and other issues of the department: maximum $10
27  Falconry
28    Permits: minimum $50, maximum $300
29    Examinations: minimum $25, maximum $100
30  Field trial permits: minimum $10, maximum $25
31  Fishing licenses
32    Resident: minimum $5, maximum $15
33    Lifetime: minimum $200, maximum $300; or 8 quarterly payments, each minimum $30,
34    maximum $45
35    Nonresident: minimum $15, maximum $50
36    Five-day nonresident: minimum $5, maximum $15
37    Institutional group: minimum $100, maximum $200
38    Special nonprofit group: minimum $50, maximum $200
39    Twenty-four-hour: maximum $3
40  Fur dealer licenses
41    Resident: minimum $50, maximum $200
42    Nonresident: minimum $50, maximum $400
SB 288
                                     

 1  Furharvester licenses
 2    Resident: minimum $10, maximum $20
 3    Nonresident: minimum $50, maximum $400
 4  Game breeder permits: minimum $2, maximum $15
 5  Handicapped hunting and fishing permits: maximum $5
 6  Hound trainer-breeder running permits: minimum $10, maximum $25
 7  Hunting licenses
 8    Resident: minimum $5, maximum $15
 9    Lifetime: minimum $200, maximum $300; or 8 quarterly payments, each minimum $30,
10    maximum $45
11    Nonresident: minimum $25, maximum $75
12    Controlled shooting area: minimum $5, maximum $15
13    Forty-eight-hour waterfowl permits: maximum $25
14  Migratory waterfowl habitat stamps: minimum $3, maximum $5
15  Mussel fishing licenses
16    Resident: minimum $25, maximum $200
17    Nonresident: minimum $50, maximum $1,500
18  Rabbit permits
19    Live trapping: maximum $200
20    Shipping: minimum $25, maximum $400
21  Raptor propagation permits: maximum $100
22  Rehabilitation permits: maximum $50
23  Scientific, educational or exhibition permits: maximum $10
24  Wildlife damage control permits: maximum $10
25  Wildlife importation permits: maximum $10
26  Special permits under K.S.A. 32-961: maximum $100
27  Miscellaneous fees
28    Special events on department land or water: maximum $200
29    Special departmental services, materials or supplies: no maximum
30    Other issues of department: no maximum
31    Vendor bond: no maximum
32    (b)  The fee for a landowner-tenant resident big game hunting permit
33  shall be an amount equal to 1/2 the fee for a general resident big game
34  hunting permit.
35    (c)  The fee for a furharvester license for a resident under 16 years of
36  age shall be an amount equal to 1/2 the fee for a resident furharvester
37  license.
38    (d)  The secretary may establish, by rules and regulations adopted in
39  accordance with K.S.A. 32-805 and amendments thereto, different fees
40  for various classes and types of licenses, permits, stamps and other issu-
41  ances of the department which may occur within each item as described
42  under subsection (a).
43    (e)  The fee for a nonprofit group fishing license issued under sub-
SB 288
                                     

 1  section (h) of K.S.A. 32-906 and amendments thereto shall be $50 for
 2  calendar year 1995.
 3    (f)  The fee for a nonresident mussel fishing license shall be $1,000
 4  from the effective date of this act through calendar year 1995.
 5    (g)  The fee for hunt-on-your-own-land deer big game permits shall
 6  be $10.50 and shall not be subject to any transfer fee.
 7    Sec. 3.  K.S.A. 1996 Supp. 32-937 and 32-988 are hereby repealed.
 8    Sec. 4.  This act shall take effect and be in force from and after its
 9  publication in the statute book.