Session of 1999
         
HOUSE BILL No. 2480
         
By Committee on Environment
         
2-11
         
  9             AN  ACT concerning hunting of deer; relating to certain fees; providing
10             for controlled deer shoots in certain areas; amending K.S.A. 1998
11             Supp. 32-937 and 32-988 and repealing the existing sections.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1998 Supp. 32-937 is hereby amended to read as
15       follows: 32-937. (a) When used in this section:
16             (1) "Landowner" means a resident owner of farm or ranch land of
17       80 acres or more located in the state of Kansas.
18             (2) "Tenant" means a resident of this state who is actively engaged
19       in the agricultural operation of 80 acres or more of Kansas farm or ranch
20       land for the purpose of producing agricultural commodities or livestock
21       and who: (A) Has a substantial financial investment in the production of
22       agricultural commodities or livestock on such farm or ranch land and the
23       potential to realize substantial financial benefit from such production; or
24       (B) is a bona fide manager having an overall responsibility to direct, su-
25       pervise and conduct such agricultural operation and has the potential to
26       realize substantial benefit from such production in the form of salary,
27       shares of such production or some other economic incentive based upon
28       such production.
29             (3) "Regular season" means a statewide big game hunting season au-
30       thorized annually which may include one or more seasons restricted to
31       specific types of equipment.
32             (4) "Special season" means a big game hunting season in addition to
33       a regular season authorized on an irregular basis or at different times of
34       the year other than the regular season.
35             (5) "General permit" means a big game hunting permit available to
36       Kansas residents not applying for big game permits as a landowner or
37       tenant.
38             (6) "Nonresident landowner" means a nonresident of the state of
39       Kansas who owns farm or ranch land of 80 acres or more which is located
40       in the state of Kansas.
41             (7) "Nonresident permit" means a big game hunting permit available
42       to individuals who are not Kansas residents.
43             (b) Except as otherwise provided by law or rules and regulations of

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  1       the secretary and in addition to any other license, permit or stamp re-
  2       quired by law or rules and regulations of the secretary, a valid big game
  3       permit and game tags are required to take any big game in this state.
  4             (c) The fee for big game permits and game tags shall be the amount
  5       prescribed pursuant to K.S.A. 32-988, and amendments thereto.
  6             (d) A big game permit and game tags are valid throughout the state
  7       or such portion thereof as provided by rules and regulations adopted by
  8       the secretary in accordance with K.S.A. 32-805 and amendments thereto.
  9             (e) Unless otherwise provided by law or rules and regulations of the
10       secretary, a big game permit and game tags are valid from the date of
11       issuance and shall expire at the end of the season for which issued.
12             (f) The secretary may adopt, in accordance with K.S.A. 32-805, and
13       amendments thereto, rules and regulations for each regular or special big
14       game hunting season and for each management unit regarding big game
15       permits and game tags. The secretary is hereby authorized to issue big
16       game permits and game tags pertaining to the taking of big game. Sep-
17       arate big game permits and game tags may be issued for each species of
18       big game. No big game permits or game tags shall be issued until the
19       secretary has established, by rules and regulations adopted in accordance
20       with K.S.A. 32-805, and amendments thereto, a regular or special big
21       game hunting season.
22             (g) The secretary may authorize, by rule and regulation adopted in
23       accordance with K.S.A. 32-805, and amendments thereto, landowner or
24       tenant hunt-on-your-own-land big game permits. Such permits and ap-
25       plications may contain provisions and restrictions as prescribed by rule
26       and regulation adopted by the secretary in accordance with K.S.A. 32-
27       805, and amendments thereto.
28             (h) The secretary may authorize, by rule and regulation adopted in
29       accordance with K.S.A. 32-805 and amendments thereto, special land-
30       owner or tenant hunt-on-your-own-land deer permits. Such special per-
31       mits shall not be issued to landowners or tenants in possession of a hunt-
32       on-your-own-land deer permit as authorized in subsection (g). The special
33       permits shall be transferable to any immediate family member of the
34       landowner or tenant, whether or not a Kansas resident, or the permit may
35       be retained for use by the landowner or tenant. The special permits shall
36       be transferable through the secretary at the request of the landowner or
37       tenant and by paying the required fee for a general deer permit and the
38       additional payment of the permit transfer fee. The special permits and
39       applications may contain provisions and restrictions as prescribed by rule
40       and regulation adopted by the secretary in accordance with K.S.A. 32-
41       805 and amendments thereto. For the purposes of this subsection, "mem-
42       ber of the immediate family" means lineal or collateral ascendants or
43       descendants, and their spouses.

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

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  1       season. If in a management unit there are an unlimited number of game
  2       tags available to residents, the secretary, in the secretary's discretion and
  3       in accordance with rules and regulations, may authorize the issuance of
  4       an unlimited number of deer tags for such unit to nonresidents.
  5             (n) Any nonresident deer hunting permits authorized under subsec-
  6       tion (m) that remain unissued due to an insufficient number of nonresi-
  7       dent applications as of a deadline determined by the secretary, shall be
  8       made available to residents.
  9             (o) No big game permit issued to a person under 14 years of age shall
10       be valid until such person reaches 14 years of age, except that a person
11       who is 12 years or 13 years of age and has been issued a certificate of
12       completion of an approved hunter education course may be issued: (1) A
13       deer archery permit if the person submits to the secretary evidence, sat-
14       isfactory to the secretary, of completion of a bow hunting safety education
15       course; or (2) a wild turkey firearm permit. Such deer archery permit or
16       turkey firearm permit shall be valid only while the individual is hunting
17       under the immediate supervision of an adult who is 21 years of age or
18       older.
19             (p) A big game permit shall state the species, number and sex of the
20       big game which may be killed by the permittee. The secretary may furnish
21       an informational card with any big game permit and, at the conclusion of
22       the open season, each permittee receiving such card shall return the card
23       to the department, giving such information as is called for on the card.
24             (q) The permittee shall permanently affix the game tag to the carcass
25       of any big game immediately after killing and thereafter, if required by
26       rules and regulations, the permittee shall immediately take such killed
27       game to a check station as required in the rules and regulations, where a
28       check station tag shall be affixed to the game carcass if the kill is legal.
29       The tags shall remain affixed until the carcass is consumed or processed
30       for storage.
31             (r) The provisions of this section do not apply to big game animals
32       sold in surplus property disposal sales of department exhibit herds or big
33       game animals legally taken outside this state.
34             Sec.  2. K.S.A. 1998 Supp. 32-988 is hereby amended to read as fol-
35       lows: 32-988. (a) The secretary is authorized to adopt, in accordance with
36       K.S.A. 32-805 and amendments thereto, rules and regulations fixing the
37       amount of fees for the following items, subject to the following limitations
38       and subject to the requirement that no such rules and regulations shall
39       be adopted as temporary rules and regulations:
40       Big game permits
41             Resident: minimum $10, maximum $100
42                   Nonresident: minimum $30, maximum $400
43                   Big game tag: maximum $10

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  1                   Nonresident applications: maximum $5
  2                   Transfer fee: minimum $10, maximum $40
  3             Combination hunting and fishing licenses
  4             Resident: minimum $10, maximum $30
  5             Lifetime: minimum $400, maximum $600; or 8 quarterly payments, each minimum $55,
  6              maximum $80
  7             Nonresident: minimum $75, maximum $125
  8       Commercial dog training permits: minimum $10, maximum $25
  9       Commercial guide permit or associate guide permit: maximum $50
10       Commercial harvest or dealer permits: minimum $10, maximum $200
11       Commercial prairie rattlesnake harvesting permits
12             Resident or nonresident with valid hunting license: maximum $5
13             Resident or nonresident nonfirearm without valid hunting license: maximum $20
14       Controlled shooting area operator license: minimum $200, maximum $400
15       Duplicate licenses, permits, stamps and other issues of the department: maximum $10
16       Falconry
17             Permits: minimum $50, maximum $300
18             Examinations: minimum $25, maximum $100
19       Field trial permits: minimum $10, maximum $25
20       Fishing licenses
21             Resident: minimum $5, maximum $15
22             Lifetime: minimum $200, maximum $300; or 8 quarterly payments, each minimum $30,
23              maximum $45
24             Nonresident: minimum $15, maximum $50
25             Five-day nonresident: minimum $5, maximum $15
26             Institutional group: minimum $100, maximum $200
27             Special nonprofit group: minimum $50, maximum $200
28             Twenty-four-hour: maximum $3
29       Fur dealer licenses
30             Resident: minimum $50, maximum $200
31             Nonresident: minimum $50, maximum $400
32       Furharvester licenses
33             Resident: minimum $10, maximum $20
34             Nonresident: minimum $50, maximum $400
35       Game breeder permits: minimum $2, maximum $15
36       Handicapped hunting and fishing permits: maximum $5
37       Hound trainer-breeder running permits: minimum $10, maximum $25
38       Hunting licenses
39             Resident: minimum $5, maximum $15
40             Lifetime: minimum $200, maximum $300; or 8 quarterly payments, each minimum $30,
41              maximum $45
42             Nonresident: minimum $25, maximum $75
43             Controlled shooting area: minimum $5, maximum $15

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  1             Forty-eight-hour waterfowl permits: maximum $25
  2       Migratory waterfowl habitat stamps: minimum $3, maximum $5
  3       Mussel fishing licenses
  4             Resident: minimum $25, maximum $200
  5             Nonresident: minimum $50, maximum $1,500
  6       Rabbit permits
  7             Live trapping: maximum $200
  8             Shipping: minimum $25, maximum $400
  9       Raptor propagation permits: maximum $100
10       Rehabilitation permits: maximum $50
11       Scientific, educational or exhibition permits: maximum $10
12       Wildlife damage control permits: maximum $10
13       Wildlife importation permits: maximum $10
14       Special permits under K.S.A. 32-961: maximum $100
15       Miscellaneous fees
16             Special events on department land or water: maximum $200
17             Special departmental services, materials or supplies: no maximum
18             Other issues of department: no maximum
19             Vendor bond: no maximum
20             (b) The fee for a landowner-tenant resident big game hunting permit
21       shall be an amount equal to 1/2 the fee for a general resident big game
22       hunting permit.
23             (c) The fee for a furharvester license for a resident under 16 years of
24       age shall be an amount equal to 1/2 the fee for a resident furharvester
25       license.
26             (d) The secretary may establish, by rules and regulations adopted in
27       accordance with K.S.A. 32-805 and amendments thereto, different fees
28       for various classes and types of licenses, permits, stamps and other issu-
29       ances of the department which may occur within each item as described
30       under subsection (a).
31             (e) The fee for a nonprofit group fishing license issued under sub-
32       section (h) of K.S.A. 32-906 and amendments thereto shall be $50 for
33       calendar year 1995.
34             (f) The fee for a nonresident mussel fishing license shall be $1,000
35       from the effective date of this act through calendar year 1995.
36             New Sec.  3. (a) It is the intent of this section to promote a reduction
37       in the deer population in this state to reduce property damage and traffic
38       accidents caused by deer. The secretary of wildlife and parks shall direct
39       the field staff of the department of wildlife and parks to liberally construe
40       the provisions of this section to carry out this intent.
41             (b) Upon application by any owner of land, or the governing body of
42       any city, located in an area of the state where the deer population has not
43       been effectively controlled by current measures, the secretary of wildlife

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  1       and parks shall provide for a controlled deer shoot to reduce the deer
  2       population on such land or in such city to a manageable number. The
  3       applicant shall not be required to show that the applicant has made rea-
  4       sonable efforts to alleviate the problem. Such shoot shall be carried out
  5       by designated hunters, under the direction of the department of wildlife
  6       and parks, who shall sweep the area for deer. Such hunters shall not be
  7       required to hold a hunting license.
  8             (c) For the purpose of a controlled deer shoot pursuant to this sec-
  9       tion, the secretary of wildlife and parks shall issue special deer permits
10       and game tags in the number necessary to reduce the deer population on
11       the land or in the city to a manageable number. There shall be no charge
12       for such permits or tags.
13             (d) The secretary of wildlife and parks shall establish: (1) Standards
14       for the determination of whether current measures have not effectively
15       controlled the deer population in an area; (2) the method for designating
16       hunters to participate in controlled deer shoots; (3) any requirements
17       necessary for the safe, humane and efficient conduct of controlled deer
18       shoots; and (4) the acceptable methods of disposition of the carcasses
19       of deer killed in a controlled deer shoot.
20             (e) The secretary of wildlife and parks, in accordance with K.S.A. 32-
21       805 and amendments thereto, may adopt such rules and regulations as
22       necessary to implement the provisions of this section. 
23       Sec.  4. K.S.A. 1998 Supp. 32-937 and 32-988 are hereby repealed.
24        Sec.  5. This act shall take effect and be in force from and after its
25       publication in the statute book.