Session of 2000
HOUSE BILL No. 2937
By Representatives Schwartz, Dreher, Flower, Freeborn,
Humerick-
house, Hutchins, Lloyd, P. Long and J. Peterson
2-9
10 AN ACT relating
to big game animals; providing for reimbursement for
11 big game damage under
certain circumstances.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section
1. (a) As used in this section, terms have the meanings
pro-
15 vided by K.S.A. 32-701, and amendments
thereto.
16 (b) A person who
incurs damage caused by big game animals may
17 receive reimbursement for such damage as
provided by this section, if:
18 (1) The person is
an owner or tenant of the land where the damage
19 occurs, a person who controls such land or
an owner of an apiary or
20 livestock damaged by big game;
21 (2) the damage is
damage to commercial seedings or crops growing
22 on agricultural land, damage to crops that
have been harvested for sale
23 or further use but that have not been
removed from the agricultural land,
24 damage to orchard trees or nursery stock or
damage to apiaries or
25 livestock;
26 (3) the person
has consulted with the department and has complied
27 with any measures recommended by the
department to abate the damage;
28 (4) the person
and any other person who owns, leases or controls the
29 land where the big game damage occurred
allows hunting, as provided
30 by subsection (e), of the type of big game
animals causing the damage;
31 (5) the person
has managed the seedings, crops, orchard trees, nurs-
32 ery stock, apiaries or livestock for which
reimbursement is sought in ac-
33 cordance with normal agricultural
practices; and
34 (6) the person
files a statement of claim with the department, in a
35 form acceptable to the department, within
30 days after the time the
36 damage first occurs.
37 (c) The
department shall investigate each statement of claim filed
38 pursuant to this section to verify the
total amount of the big game damage
39 that occurred, regardless of the amount
that may be eligible for payment
40 under the provisions of this section. In
calculating the amount of reim-
41 bursement to be paid for a claim under this
section, the department shall
42 determine the amount as follows:
43 (1) If the
verified amount of the claim is $500 or less, the claimant
2
1 shall receive no payment.
2 (2) If the
verified amount of the claim is more than $500, the claimant
3 shall be paid 100% of the amount of
the claim that exceeds $500, except
4 that the total amount paid to any
claimant pursuant to this section in any
5 one fiscal year shall not exceed
$10,000.
6 (d) The
department shall pay a claimant the amount determined pur-
7 suant to subsection (c) no later than
June 1 of the calendar year after the
8 calendar year in which the statement
of claim was filed.
9 (e) Except
as provided by subsection (f), to be eligible for reimburse-
10 ment pursuant to this section, the claimant
and any other person who
11 owns, leases or controls the land where the
big game damage occurred
12 must have allowed hunting of the type of
big game animals causing the
13 damage on that land and on contiguous land
under the same ownership,
14 lease or control. The claimant shall not
lose eligibility by reason of:
15 (1) Requiring
hunters first to notify the landowner of the hunter's
16 intent to hunt on the land;
17 (2) prohibiting
hunters from bringing a motor vehicle onto the land
18 without the prior permission of the
landowner;
19 (3) prohibiting
hunters from using a stand located on the land without
20 the prior permission of the landowner;
or
21 (4) denying a
hunter access to the land for reasonable cause, includ-
22 ing any of the following:
23 (A) The presence
of two or more hunters per 40 acres of eligible land
24 when the hunter notifies the landowner that
the hunter intends to hunt
25 on the land.
26 (B) The hunter
appears to be intoxicated or unruly.
27 (C) The hunter
causes property damage.
28 (D) The hunter
fails first to notify the landowner of intent to hunt
29 on the land or brings a motor vehicle onto
the land without the prior
30 permission of the landowner.
31 (f) The
requirements of subsection (e) shall not apply to a person
32 who does not have authority to control
entry on the land for purposes of
33 hunting.
34 (g) If a person
who is required to permit hunting on land as required
35 by subsection (e) fails to do so, the
person shall be liable for:
36 (1) Repayment of
any reimbursement paid for the big game damage
37 claim; and
38 (2) payment of
all costs of reviewing, investigating and approving the
39 big game damage claim and the costs of
investigating the failure to permit
40 hunting on the land.
41 (h) A person
receiving reimbursement for big game damage shall
42 retain all records as required by the
department and make such records
43 available for inspection by the department
at reasonable times. The de-
3
1 partment may enter and inspect, at
reasonable times, any land for which
2 a big game damage claim has been
filed. No person may refuse entry or
3 access to or withhold records from
the department under this subsection.
4 No person may obstruct or interfere
with an inspection by the department
5 under this subsection. The
department, if requested, shall furnish to the
6 person a report setting forth all of
factual findings by the department that
7 relate to the inspection.
8 (i) The
department shall conduct random audits of big game damage
9 claims paid pursuant to this section.
The department shall conduct audits
10 of all claims filed by, and payments made
to, department employees.
11 (j) If a person
filing a big game damage statement of claim negligently
12 makes, or causes to be made, a false
statement or representation of a
13 material fact in making the claim or
application, the person shall be liable
14 for:
15 (1) Repayment of
any reimbursement paid for the big game damage
16 claim; and
17 (2) payment of
all costs of reviewing, investigating and approving the
18 big game damage claim and the costs of
investigating and determining
19 whether a false statement or representation
was made.
20 (k) Any person
who owns, leases or controls land or owns livestock
21 or apiaries for which a benefit was
received in violation of or who fails to
22 allow hunting as required by subsection (e)
shall not be eligible for re-
23 imbursement for big game damage pursuant to
this section for a period
24 of 10 years commencing after the day on
which the false statement or
25 representation occurred, regardless of
whether the person knew or should
26 have known of the false statement or
misrepresentation.
27 (l) On or before
February 1 each year, the department shall submit
28 to the house standing committee on
environment, the senate standing
29 committee on energy and natural resources
and the house and senate
30 standing committees on agriculture a report
concerning the big game
31 damage claim program, including a summary
of:
32 (1) All big game
damage believed to have occurred in the state;
33 (2) big game
damage claims filed pursuant to this section; and
34 (3) the
percentage of the total number of filed big game damage
35 claims that are rejected for failure to
meet the requirements of this
36 section.
37 (m) The secretary
may adopt, in accordance with K.S.A. 32-805, and
38 amendments thereto, rules and regulations
to implement and enforce the
39 provisions of this section.
40 Sec. 2. (a)
No person knowingly shall make or cause to be made any
41 false statement or representation of
material fact in making a claim for
42 reimbursement for big game damage pursuant
to section 1, and amend-
43 ments thereto.
4
1 (b) A court
finding a person to be in violation of subsection (a) may
2 order any of the following:
3 (1) That
the person repay any reimbursement paid for the big game
4 damage claim and all costs of
reviewing, investigating and approving the
5 big game damage claim and the costs
of investigating and determining
6 whether a false statement or
representation was made.
7 (2) That
the person pay a forfeiture equal to two times the total
8 amount of reimbursement paid for the
big game damage claim plus an
9 amount not to exceed $1,000.
10 (3) Revocation of
any license, permit or other issue of the department
11 held by the person if the person owns,
leases or controls land, or owns
12 livestock or apiaries, to which the false
statement or representation
13 relates.
14 (4) That the
person be prohibited from receiving any reimbursement
15 pursuant to this section for a period of 10
years commencing after the
16 day that the false statement or
representation occurred.
17 Sec. 3. (a)
There is hereby established in the state treasury the big
18 game damage reimbursement fund.
19 (b) Moneys in the
big game damage reimbursement fund shall be
20 used only for the purpose of paying claims
for big game damage pursuant
21 to section 1, and amendments thereto.
22 (c) Subject to
the provisions of subsection (d), an amount equal to
23 $10 for each deer permit in excess of
80,000 issued during a fiscal year
24 pursuant to K.S.A. 32-937, and amendments
thereto, shall be transferred
25 from the wildlife fee fund to the big game
damage reimbursement fund.
26 Whenever during the fiscal year, 80,000
such permits have been issued,
27 the secretary of wildlife and parks, on or
before the 15th day of each
28 month remaining in such fiscal year, shall
certify to the director of ac-
29 counts and reports the amount that shall be
transferred to the big game
30 damage reimbursement fund from permits
issued during the previous
31 calendar month.
32 (d) Whenever on
the 15th day of a month the unobligated principal
33 balance of the big game damage
reimbursement fund equals or exceeds
34 $2,000,000, the transfer provided for by
subsection (c) shall not be made.
35 (e) On or before
the 10th day of each month, the director of accounts
36 and reports shall transfer from the state
general fund to the big game
37 damage reimbursement fund interest earnings
based on:
38 (1) The average
daily balance of moneys in the big game damage
39 reimbursement fund for the preceding month;
and
40 (2) the net
earnings rate for the pooled money investment portfolio
41 for the preceding month.
42 (f) All
expenditures from the big game damage reimbursement fund
43 shall be made in accordance with
appropriation acts upon warrants of the
5
1 director of accounts and reports
issued pursuant to vouchers approved
2 by the secretary of wildlife and
parks or a person designated by the
3 secretary.
4 Sec. 4. This act
shall take effect and be in force from and after its
5 publication in the statute book.