Session of 2000
HOUSE BILL No. 2863 By Committee on Agriculture 2-3

9 AN ACT concerning big game; relating to deer permits; amending K.S.A.
10 1999 Supp. 32-937 and repealing the existing section.
11
12 Be it enacted by the Legislature of the State of Kansas:
13 Section 1. K.S.A. 1999 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 an individual who is actively engaged in the ag-
18 ricultural operation of 80 acres or more of Kansas farm or ranch land for
19 the purpose of producing agricultural commodities or livestock and who:
20 (A) Has a substantial financial investment in the production of agricultural
21 commodities or livestock on such farm or ranch land and the potential to
22 realize substantial financial benefit from such production; or (B) is a bona
23 fide manager having an overall responsibility to direct, supervise and con-
24 duct such agricultural operation and has the potential to realize substan-
25 tial benefit from such production in the form of salary, shares of such
26 production or some other economic incentive based upon such
27 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-

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

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

4
1 in accordance with rules and regulations, may authorize the issuance of
2 an unlimited number of deer tags for such unit to nonresidents.
3 (n) Any nonresident deer hunting permits authorized under subsec-
4 tion (m) that remain unissued due to an insufficient number of nonresi-
5 dent applications as of a deadline determined by the secretary, shall be
6 made available to residents.
7 (o) No big game permit issued to a person under 14 years of age shall
8 be valid until such person reaches 14 years of age, except that a person
9 who is 12 years or 13 years of age and has been issued a certificate of
10 completion of an approved hunter education course may be issued: (1) A
11 deer archery permit if the person submits to the secretary evidence, sat-
12 isfactory to the secretary, of completion of a bow hunting safety education
13 course; or (2) a wild turkey firearm permit. Such deer archery permit or
14 turkey firearm permit shall be valid only while the individual is hunting
15 under the immediate supervision of an adult who is 21 years of age or
16 older.
17 (p) A big game permit shall state the species, number and sex of the
18 big game which may be killed by the permittee. The secretary may furnish
19 an informational card with any big game permit and, at the conclusion of
20 the open season, each permittee receiving such card shall return the card
21 to the department, giving such information as is called for on the card.
22 (q) The permittee shall permanently affix the game tag to the carcass
23 of any big game immediately after killing and thereafter, if required by
24 rules and regulations, the permittee shall immediately take such killed
25 game to a check station as required in the rules and regulations, where a
26 check station tag shall be affixed to the game carcass if the kill is legal.
27 The tags shall remain affixed until the carcass is consumed or processed
28 for storage.
29 (r) The provisions of this section do not apply to big game animals
30 sold in surplus property disposal sales of department exhibit herds or big
31 game animals legally taken outside this state.
32 (s) Notwithstanding any other provision of this section or rules and
33 regulations of the secretary to the contrary, any person purchasing a
34 hunting license may at the same time purchase for a $2 fee a permit to
35 take an antlerless deer.
36 Sec. 2. K.S.A. 1999 Supp. 32-937 is hereby repealed.
37 Sec. 3. This act shall take effect and be in force from and after its
38 publication in the statute book.