Session of 2000
HOUSE BILL No. 2816
By Committee on Agriculture
2-2
9 AN ACT
concerning big game permits; relating to deer; amending K.S.A.
10 32-1001 and K.S.A.
1999 Supp. 32-937 and repealing the existing
11 sections.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section
1. K.S.A. 1999 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 an individual who is actively engaged in the ag-
19 ricultural operation of 80 acres or more of
Kansas farm or ranch land for
20 the purpose of producing agricultural
commodities or livestock and who:
21 (A) Has a substantial financial investment
in the production of agricultural
22 commodities or livestock on such farm or
ranch land and the potential to
23 realize substantial financial benefit from
such production; or (B) is a bona
24 fide manager having an overall
responsibility to direct, supervise and con-
25 duct such agricultural operation and has
the potential to realize substan-
26 tial benefit from such production in the
form of salary, shares of such
27 production or some other economic incentive
based upon such
28 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
2
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. The
38 special permits and applications may
contain provisions and restrictions
39 as prescribed by rule and regulation
adopted by the secretary in accord-
40 ance with K.S.A. 32-805 and amendments
thereto. For the purposes of
41 this subsection, "member of the immediate
family" means lineal or col-
42 lateral ascendants or descendants, and
their spouses.
43 (i) Fifty percent
of the big game permits authorized for a regular
3
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
22 available.
23 (m) The secretary
may issue deer hunting permits to nonresidents,
24 subject to the following limitations:
25 (1) The total
number of nonresident deer firearm permits of each
26 type specified by rules and regulations
that may be issued for a deer
27 season in a management unit shall not
exceed 5% of the total number of
28 resident deer firearm permits of such type
authorized for such season in
29 such management unit; and
30 (2) the total
number of nonresident deer archery permits of each type
31 specified by rules and regulations that may
be issued for a deer season in
32 a management unit shall not exceed 5% of
the total number of resident
33 deer archery permits of such type
authorized for such season in such
34 management unit.
35 Nonresident deer
archery permits may be restricted to a particular deer
36 species without regard to resident deer
archery permit species restric-
37 tions, or lack thereof.
38 If an unlimited number
of resident deer permits is authorized for a
39 deer season or management unit, the
percentage limitations of subsec-
40 tions (m)(1) and (m)(2) shall be based upon
the total number of resident
41 firearm permits and the total number of
archery permits, respectively,
42 issued in the management unit during the
most recent preceding similar
43 season. If in a management unit there are
an unlimited number of game
4
1 tags available to residents, the
secretary, in the secretary's discretion and
2 in accordance with rules and
regulations, may authorize the issuance of
3 an unlimited number of deer tags for
such unit to nonresidents.
4 (n) Any
nonresident deer hunting permits authorized under subsec-
5 tion (m) that remain unissued due to
an insufficient number of nonresi-
6 dent applications as of a deadline
determined by the secretary, shall be
7 made available to residents.
8 (o) No big
game permit issued to a person under 14 years of age shall
9 be valid until such person reaches 14
years of age, except that a person
10 who is 12 years or 13 years of age and has
been issued a certificate of
11 completion of an approved hunter education
course may be issued: (1) A
12 deer archery permit if the person submits
to the secretary evidence, sat-
13 isfactory to the secretary, of completion
of a bow hunting safety education
14 course; or (2) a wild turkey firearm
permit. Such deer archery permit or
15 turkey firearm permit shall be valid only
while the individual is hunting
16 under the immediate supervision of an adult
who is 21 years of age or
17 older.
18 (p) A big game
permit shall state the species, number and sex of the
19 big game which may be killed by the
permittee. The secretary may furnish
20 an informational card with any big game
permit and, at the conclusion of
21 the open season, each permittee receiving
such card shall return the card
22 to the department, giving such information
as is called for on the card.
23 (q) The permittee
shall permanently affix the game tag to the carcass
24 of any big game immediately after killing
and thereafter, if required by
25 rules and regulations, the permittee shall
immediately take such killed
26 game to a check station as required in the
rules and regulations, where a
27 check station tag shall be affixed to the
game carcass if the kill is legal.
28 The tags shall remain affixed until the
carcass is consumed or processed
29 for storage.
30 (r) The
provisions of this section do not apply to big game animals
31 sold in surplus property disposal sales of
department exhibit herds or big
32 game animals legally taken outside this
state.
33 (s)
(1) Each game tag issued under a deer permit shall have
attached
34 to it a coupon bearing the same serial
number as the tag and designated
35 as a landowner or tenant coupon. When a
deer is taken under a permit,
36 the permit holder promptly shall detach,
date, sign and deliver the land-
37 owner or tenant coupon to the landowner
or tenant on whose the land
38 the deer was taken. On or before
February 1 following the year for which
39 the permit was valid, the landowner or
tenant shall deliver to the de-
40 partment the coupon and an affidavit
that the deer for which the coupon
41 was delivered was killed on land owned
by such landowner or operated
42 by such tenant. Upon receipt of the
coupon and affidavit the department
43 shall pay such landowner or tenant $10
for each such coupon. Landowner
5
1 or tenant coupons shall not be
transferable.
2 (2) No
payment shall be made pursuant to this subsection (s) to a
3 landowner or tenant for a deer
taken under a permit provided for by
4 subsection (g), (h) or (j). When a
deer is taken under such a permit or is
5 taken on federal or state land,
the permit holder shall detach, date and
6 sign the landowner or tenant
coupon and mail or otherwise deliver the
7 coupon to the department.
8 Sec.
2. K.S.A. 32-1001 is hereby amended to read as follows:
32-
9 1001. (a) It is unlawful for any
person to:
10 (1) Participate
or engage in any activity for which such person is re-
11 quired to have obtained a license, permit,
stamp or other issue of the
12 department under the wildlife and parks
laws of this state or under rules
13 and regulations of the secretary unless
such person has obtained a cur-
14 rently valid such license, permit, stamp or
other issue issued to such
15 person;
16 (2) fail to carry
in such person's possession a currently valid license,
17 permit, stamp or other issue of the
department, issued to such person,
18 while participating or engaging in any
activity for which such person is
19 required to have obtained such license,
permit, stamp or other issue un-
20 der the wildlife and parks laws of this
state or under rules and regulations
21 of the secretary;
22 (3) refuse to
allow examination of any license, permit, stamp or other
23 issue of the department while participating
or engaging in any activity for
24 which such person is required to have
obtained such license, permit,
25 stamp or other issue under the wildlife and
parks laws of this state or
26 under rules and regulations of the
secretary, upon demand by any officer
27 or employee of the department or any
officer authorized to enforce the
28 laws of this state or rules and regulations
of the secretary;
29 (4) while
participating or engaging in fishing or hunting: (A) Fail to
30 carry in such person's possession a card or
other evidence which such
31 person is required to carry pursuant to
K.S.A. 32-980 and amendments
32 thereto; or (B) refuse to allow inspection
of such card or other evidence
33 upon demand of any officer or employee of
the department or any officer
34 authorized to enforce the laws of this
state or rules and regulations of the
35 secretary; or
36 (5) make any
false representation to secure any license, permit, stamp
37 or other issue of the department, or
duplicate thereof, or to make any
38 alteration in any such license, permit,
stamp or other issue; or
39 (6) attempt to
collect any sum for any landowner or tenant coupon
40 unless entitled thereto under K.S.A.
32-937 and amendments thereto.
41 (b) No person
charged with violating subsection (a)(1) for failure to
42 obtain a vehicle or camping permit for use
of any state park, or any portion
43 thereof or facility therein, or any other
area or facility for which a vehicle
6
1 or camping permit is required
pursuant to rules and regulations of the
2 secretary shall be convicted thereof
unless such person refuses to pur-
3 chase such permit after receiving a
permit violation notice, which notice
4 shall require the procurement of the
proper permit or permits and pay-
5 ment, within 24 hours, of a late
payment fee of $5.
6 (c)
(1) In any prosecution charging a violation of subsection
(a)(1)
7 for failure to obtain a permit
required by K.S.A. 32-901 and amendments
8 thereto, proof that the particular
vehicle described in the complaint was
9 in violation, together with proof
that the defendant named in the com-
10 plaint was at the time of the violation the
registered owner of such vehicle,
11 shall constitute in evidence a prima facie
presumption that the registered
12 owner of such vehicle was the person who
parked or placed such vehicle
13 at the time when and place where the
violation occurred.
14 (2) Proof of a
written lease of, or rental agreement for, a particular
15 vehicle described in the complaint, on the
date and at the time of the
16 violation, which lease or rental agreement
includes the name and address
17 of the person to whom the vehicle was
leased or rented at the time of
18 the violation, shall rebut the prima facie
evidence that the registered
19 owner was the person who parked or placed
the vehicle at the time when
20 and place where the violation occurred.
21 (d) No person who
is a resident of this state and charged with violat-
22 ing subsection (a)(1) or (a)(2) shall be
convicted thereof if such person
23 produces in court or the office of the
arresting officer the appropriate
24 license, permit, stamp or other issue of
the department, lawfully issued
25 to such person and valid at the time of
such person's arrest.
26 Sec. 3. K.S.A. 32-1001 and
K.S.A. 1999 Supp. 32-937 are hereby
27 repealed.
28 Sec. 4. This act shall
take effect and be in force from and after its
29 publication in the statute book.