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 9  AN ACT concerning damages caused to crops by certain wildlife.
10
11  Be it enacted by the Legislature of the State of Kansas:
12    Section 1.  As used in this act:
13    (a)  ``Person'' means any individual, partnership, limited partnership,
14  corporation, limited liability company, cooperative association or associ-
15  ation of individuals.
16    (b)  ``Secretary'' means the secretary of wildlife and parks.
17    (c)  ``Wildlife damage'' means damage caused by wild deer or game
18  birds to commercial seedings or crops on agricultural land, to orchard
19  trees or nursery stock.
20    Sec. 2.  (a) The secretary shall establish a program to compensate any
21  person for wildlife damage.
22    (b)  Any person whose property has received wildlife damage may file
23  a statement of claim with the secretary, in a form acceptable to the sec-
24  retary, within 30 days after the time the wildlife damage first occurs. If a
25  person fails to file a statement of claim within this time, the wildlife
26  damage claim payments shall be reduced by 50%.
27    (c)  The secretary, upon recommendation of the county extension
28  agent, shall determine whether the damage was wildlife damage. If the
29  secretary finds that the person has shown that the loss was caused by
30  wildlife damage, the secretary may pay compensation as provided in this
31  section. Payment of a claim filed pursuant to this section shall be made
32  on or before September 1 following the close of the fiscal year when the
33  claim was filed. If moneys credited to the fund during the preceding fiscal
34  year were insufficient to pay the aggregate amount otherwise payable for
35  all claims filed pursuant to this section during the preceding fiscal year,
36  the secretary shall prorate accordingly the amount paid for each claim.
37    (d)  Payments made under this section shall be reduced by amounts
38  received by the person requesting the claim as proceeds from an insur-
39  ance policy covering the losses, or from any other source for the same
40  purpose, including but not limited to, federal programs.
41    (e)  No person shall receive any payment for damages for the first
42  $500 of each claim for wildlife damage. Annually, no person shall receive
SB 316
                                     

 1  a payment in excess of the actual amount of the wildlife damage or $5,000,
 2  whichever is less.
 3    Sec. 3.  (a) The secretary shall adopt rules and regulations establish-
 4  ing a wildlife damage charge to be imposed, except as provided by sub-
 5  section (e), on each purchase of a hunting license in this state. The charge
 6  shall be in addition to the license fee imposed pursuant to K.S.A. 32-988
 7  and amendments thereto and shall be collected and remitted to the state
 8  treasurer at the same time and in the same manner as the license fee.
 9  The charge shall be in the amount determined by the secretary as nec-
10  essary to fund the wildlife damage compensation program established
11  pursuant to section 2. Upon receipt of moneys collected from the wildlife
12  damage charge, the state treasurer shall deposit the entire amount in the
13  state treasury and credit it to the wildlife damage fund, which is hereby
14  created.
15    (b)  All costs and expenses of the wildlife damage compensation pro-
16  gram established pursuant to section 2 shall be paid from the wildlife
17  damage fund.
18    (c)  On the 10th day of each month, the director of accounts and
19  reports shall transfer from the state general fund to the wildlife damage
20  fund interest earnings based on:
21    (1)  The average daily balance of moneys in the wildlife damage fund
22  for the preceding month; and
23    (2)  the net earnings rate of the pooled money investment portfolio
24  for the preceding month.
25    (d)  All expenditures from the wildlife damage fund shall be made in
26  accordance with appropriation acts upon warrants of the director of ac-
27  counts and reports issued pursuant to vouchers approved by the secretary.
28    (e)  The wildlife damage charge established pursuant to subsection (a)
29  shall cease to be imposed for the remainder of the fiscal year whenever
30  the aggregate amount of moneys credited to the wildlife damage fund
31  during such fiscal year equals or exceeds $150,000.
32    Sec. 4.  This act shall take effect and be in force from and after its
33  publication in the statute book.