Session of 2000
HOUSE Substitute for SENATE BILL No. 568
By Committee on Environment
3-15
10 AN ACT
concerning big game; relating to deer permits; concerning re-
11 duction of certain
deer and big game populations; relating to reduction
12 of deer-related motor
vehicle accidents; relating to penalties for certain
13 crimes; amending
K.S.A. 32-1032 and K.S.A. 1999 Supp. 32-937 and
14 32-965 and repealing
the existing sections.
15
16 Be it enacted by the Legislature of the
State of Kansas:
17 Section
1. K.S.A. 1999 Supp. 32-937 is hereby amended to read as
18 follows: 32-937. (a) When used in this
section:
19 (1) ``Landowner''
means a resident owner of farm or ranch land of
20 80 acres or more located in the state of
Kansas.
21 (2) ``Tenant''
means an individual who is actively engaged in the ag-
22 ricultural operation of 80 acres or more of
Kansas farm or ranch land for
23 the purpose of producing agricultural
commodities or livestock and who:
24 (A) Has a substantial financial investment
in the production of agricultural
25 commodities or livestock on such farm or
ranch land and the potential to
26 realize substantial financial benefit from
such production; or (B) is a bona
27 fide manager having an overall
responsibility to direct, supervise and con-
28 duct such agricultural operation and has
the potential to realize substan-
29 tial benefit from such production in the
form of salary, shares of such
30 production or some other economic incentive
based upon such
31 production.
32 (3) ``Regular
season'' means a statewide big game hunting season au-
33 thorized annually which may include one or
more seasons restricted to
34 specific types of equipment.
35 (4) ``Special
season'' means a big game hunting season in addition to
36 a regular season authorized on an irregular
basis or at different times of
37 the year other than the regular season.
38 (5) ``General
permit'' means a big game hunting permit available to
39 Kansas residents not applying for big game
permits as a landowner or
40 tenant.
41 (6) ``Nonresident
landowner'' means a nonresident of the state of
42 Kansas who owns farm or ranch land of 80
acres or more which is located
43 in the state of Kansas.
2
1
(7) ``Nonresident permit'' means a big game hunting permit
available
2 to individuals who are not Kansas
residents.
3 (b) Except
as otherwise provided by law or rules and regulations of
4 the secretary and in addition to any
other license, permit or stamp re-
5 quired by law or rules and
regulations of the secretary, a valid big game
6 permit and game tags are required to
take any big game in this state.
7 (c) The fee
for big game permits and game tags shall be the amount
8 prescribed pursuant to K.S.A. 32-988,
and amendments thereto.
9 (d) A big
game permit and game tags are valid throughout the state
10 or such portion thereof as provided by
rules and regulations adopted by
11 the secretary in accordance with K.S.A.
32-805 and amendments thereto.
12 (e) Unless
otherwise provided by law or rules and regulations of the
13 secretary, a big game permit and game tags
are valid from the date of
14 issuance and shall expire at the end of the
season for which issued.
15 (f) The secretary
may adopt, in accordance with K.S.A. 32-805, and
16 amendments thereto, rules and regulations
for each regular or special big
17 game hunting season and for each management
unit regarding big game
18 permits and game tags. The secretary is
hereby authorized to issue big
19 game permits and game tags pertaining to
the taking of big game. Sep-
20 arate big game permits and game tags may be
issued for each species of
21 big game. No big game permits or game tags
shall be issued until the
22 secretary has established, by rules and
regulations adopted in accordance
23 with K.S.A. 32-805, and amendments thereto,
a regular or special big
24 game hunting season.
25 (g) The secretary
may authorize, by rule and regulation adopted in
26 accordance with K.S.A. 32-805, and
amendments thereto, landowner or
27 tenant hunt-on-your-own-land big game
permits. Such permits and ap-
28 plications may contain provisions and
restrictions as prescribed by rule
29 and regulation adopted by the secretary in
accordance with K.S.A. 32-
30 805, and amendments thereto.
31 (h) The secretary
may authorize, by rule and regulation adopted in
32 accordance with K.S.A. 32-805 and
amendments thereto, special land-
33 owner or tenant hunt-on-your-own-land deer
permits. Such special per-
34 mits shall not be issued to landowners or
tenants in possession of a hunt-
35 on-your-own-land deer permit as authorized
in subsection (g). The special
36 permits shall be transferable to any
immediate family member of the
37 landowner or tenant, whether or not a
Kansas resident, or the permit may
38 be retained for use by the landowner or
tenant. The special permits shall
39 be transferable through the secretary at
the request of the landowner or
40 tenant and by paying the required fee for a
general deer permit. The
41 special permits and applications may
contain provisions and restrictions
42 as prescribed by rule and regulation
adopted by the secretary in accord-
43 ance with K.S.A. 32-805 and amendments
thereto. For the purposes of
3
1 this subsection, ``member of the
immediate family'' means lineal or col-
2 lateral ascendants or descendants,
and their spouses.
3 (i) Fifty
percent of the big game permits authorized for a regular
4 season in any management unit shall
be issued to landowners or tenants,
5 provided that a limited number of big
game permits have been authorized
6 and landowner or tenant
hunt-on-your-own-land big game permits for
7 that unit have not been authorized. A
landowner or tenant is not eligible
8 to apply for a big game permit as a
landowner or as a tenant in a man-
9 agement unit other than the unit or
units which includes such landowner's
10 or tenant's land. Any big game permits not
issued to landowners or ten-
11 ants within the time period prescribed by
rule and regulation may be
12 issued without regard to the 50%
limitation.
13 (j) Members of
the immediate family who are domiciled with a land-
14 owner or tenant may apply for a
resident big game permit as a landowner
15 or as a tenant, but the total number of
landowner or tenant hunt-on-your-
16 own-land or special
hunt-on-your-own-land permits issued to a land-
17 owner or tenant and a landowner's or
tenant's immediate family for each
18 big game species shall not exceed
one permit for each 80 acres owned by
19 such landowner or operated by such tenant.
The secretary may require
20 proof of ownership or tenancy from
individuals applying for a big game
21 permit as a landowner or as a tenant.
22 (k) The secretary
may issue permits for deer or turkey to nonresident
23 landowners, but any such permit shall be
restricted to hunting only on
24 lands owned by the nonresident
landowner.
25 (l) The secretary
may issue turkey hunting permits to nonresidents
26 in turkey management units with unlimited
turkey hunting permits
27 available.
28 (m) The secretary
may issue deer hunting permits to nonresidents,
29 subject to the following limitations:
30 (1) The total
number of nonresident deer firearm permits of each
31 type specified by rules and regulations
that may be issued for a deer
32 season in a management unit and which
may be used to take antlered
33 deer shall not exceed
5% 10% of the total number of resident deer
firearm
34 permits of such type authorized for such
season in such management unit;
35 and
36 (2) the total
number of nonresident deer archery permits of each type
37 specified by rules and regulations that may
be issued for a deer season in
38 a management unit and which may be used
to take antlered deer shall
39 not exceed 5% 15%
of the total number of resident deer archery permits
40 of such type authorized for such season in
such management unit.
41 Nonresident deer
archery permits may be restricted to a particular deer
42 species without regard to resident deer
archery permit species restric-
43 tions, or lack thereof.
4
1 If an unlimited
number of resident deer permits that may be used to
2 take antlered deer is
authorized for a deer season or management unit,
3 the percentage limitations of
subsections (m)(1) and (m)(2) shall be based
4 upon the total number of resident
firearm permits that may be used to
5 take antlered deer and the
total number of archery permits that may be
6 used to take antlered deer,
respectively, issued in the management unit
7 during the most recent preceding
similar season. If in a management unit
8 there are an unlimited number
of game tags available to residents an
9 unlimited number of resident
permits that may be used to take only an-
10 tlerless deer, the secretary, in the
secretary's discretion and in accordance
11 with rules and regulations, may authorize
the issuance of an unlimited
12 number of deer tags for such unit
to nonresidents of an unlimited number
13 of nonresident permits that may be used
to take only antlerless deer.
14 (n) Any
nonresident deer hunting permits authorized under subsec-
15 tion (m) that remain unissued due to an
insufficient number of nonresi-
16 dent applications as of a deadline
determined by the secretary, shall be
17 made available to residents.
18 (o) The
secretary shall issue nonresident deer permits pursuant to
19 subsection (m) to landowners and tenants
applying for such permits, ex-
20 cept that the total number of
nonresident deer permits of each type spec-
21 ified by rules and regulations that may
be issued to landowners and ten-
22 ants for a deer season in a management
unit shall not exceed 50% of the
23 total number of nonresident deer permits
of such a type authorized for
24 such season in such management unit. A
nonresident deer permit obtained
25 by a landowner or tenant shall retain
the permit's original designation,
26 except that such permit shall be
transferable, with or without considera-
27 tion, to any resident or nonresident
through the secretary at the request
28 of the landowner or tenant. A landowner
or tenant purchasing a nonres-
29 ident deer permit pursuant to this
subsection shall pay the established fee
30 for a nonresident deer permit.
31 The provisions of
this subsection shall expire on June 30, 2004.
32 (o)
(p) No big game permit issued to a person under 14
years of age
33 shall be valid until such person reaches 14
years of age, except that a
34 person who is 12 years or 13 years of age
and has been issued a certificate
35 of completion of an approved hunter
education course may be issued: (1)
36 A deer archery permit if the person submits
to the secretary evidence,
37 satisfactory to the secretary, of
completion of a bow hunting safety edu-
38 cation course; or (2) a wild turkey firearm
permit. Such deer archery
39 permit or turkey firearm permit shall be
valid only while the individual
40 is hunting under the immediate supervision
of an adult who is 21 years
41 of age or older.
42 (p)
(q) A big game permit shall state the species, number
and sex of
43 the big game which may be killed by the
permittee. The secretary may
5
1 furnish an informational card with
any big game permit and, at the con-
2 clusion of the open season, each
permittee receiving such card shall re-
3 turn the card to the department,
giving such information as is called for
4 on the card.
5
(q) (r) The permittee shall
permanently affix the game tag to the
6 carcass of any big game immediately
after killing and thereafter, if re-
7 quired by rules and regulations, the
permittee shall immediately take such
8 killed game to a check station as
required in the rules and regulations,
9 where a check station tag shall be
affixed to the game carcass if the kill
10 is legal. The tags shall remain affixed
until the carcass is consumed or
11 processed for storage.
12 (r)
(s) The provisions of this section do not apply to big
game animals
13 sold in surplus property disposal sales of
department exhibit herds or big
14 game animals legally taken outside this
state.
15 Sec.
2. K.S.A. 1999 Supp. 32-965 is hereby amended to read as
fol-
16 lows: 32-965. (a) As used in this section,
terms have the meanings pro-
17 vided by K.S.A. 32-701 and amendments
thereto.
18 (b) It shall be a
goal of the department to manage big game popu-
19 lations in the state at levels consistent
with existing habitat and landowner
20 and community tolerance. For this purpose,
the secretary is authorized
21 to issue big game control permits, in
addition to big game permits and
22 game tags issued during regularly
designated hunting seasons.
23 (c) For each big
game control permit issued, the secretary may des-
24 ignate the period of time, the location and
the number and type of big
25 game that may be harvested. Use of any big
game control permit shall
26 require the permission of the landowner or
tenant of the property where
27 it is to be used.
28 (d) The secretary
shall consult with representatives of farming and
29 ranching organizations, county and city
government associations and
30 hunting organizations in the development,
modification and implemen-
31 tation of a big game control permit
program.
32 (e) The
secretary, in accordance with K.S.A. 32-805 and amendments
33 thereto, may adopt such rules and
regulations as necessary to implement
34 to the provisions of this section. Such
rules and regulations shall not re-
35 quire an applicant for a big game control
permit to attempt to alleviate a
36 problem with big game using any means other
than hunting during the
37 regular firearms season for the appropriate
species of big game animal.
38 (f) The
secretary shall establish a toll-free telephone number for
land-
39 owners and tenants to report property
damage caused by big game, re-
40 quest information regarding big game
control permits and obtain infor-
41 mation regarding any other programs that
assist in reduction of high local
42 big game populations, including, but not
limited to, programs that refer
43 landowners and tenants to hunters
willing to hunt on a landowner's or
6
1 tenant's land and programs that
provide for departmental lease of lands
2 for public hunting.
3 The
provisions of this subsection shall expire on June 30,
2004.
4 (g) The
secretary shall cause to be published quarterly, in
newspapers
5 having general circulation in
areas experiencing high deer populations,
6 information regarding big game
control permits and programs that assist
7 in reduction of high local deer
populations, including, but not limited to,
8 programs that refer landowners and
tenants to hunters willing to hunt on
9 a landowner's or tenant's land and
programs that provide for departmen-
10 tal lease of lands for public hunting.
Such information shall be published
11 in a manner calculated to give actual
notice to the public and shall be
12 placed in a section other than the
classified advertising section of the
13 newspaper.
14 The provisions of
this subsection shall expire on June 30, 2004.
15 New Sec.
3. The secretary of wildlife and parks and the secretary
of
16 transportation shall cooperate in
developing a management plan to ad-
17 dress reduction of motor vehicle accidents
involving deer in those areas
18 of the state experiencing high numbers of
such accidents. The manage-
19 ment plan shall include methods to identify
those areas and methods to
20 inform and communicate with landowners and
tenants in those areas
21 regarding measures to reduce local deer
populations. The management
22 plan shall be completed on or before
January 1, 2001, and the joint report
23 of the secretary of wildlife and parks and
the secretary of transportation
24 shall be submitted to the senate standing
committee on energy and nat-
25 ural resources, the house standing
committee on environment and the
26 governor on or before February 1, 2001.
27 Sec.
4. K.S.A. 32-1032 is hereby amended to read as follows:
32-
28 1032. (a) Violation of any provision
of the wildlife and parks laws of this
29 state or rules and regulations of the
secretary relating to big game permits
30 and game tags is a misdemeanor punishable
by a fine of not less than
31 $250 nor more than $1,000 or by
imprisonment in the county jail for not
32 more than six months, or by both.
33 (b) In
addition to any other penalty imposed by the convicting
court,
34 if a person is convicted of a violation
of K.S.A. 32-1002, 32-1003 or 32-
35 1013, and amendments thereto, that
involves taking of a big game animal,
36 or if a person is convicted of a
violation of K.S.A. 32-1005, and amend-
37 ments thereto, that involves
commercialization of a big game animal, the
38 court shall order:
39 (1) Upon the
first such conviction, forfeiture of the person's hunting
40 privileges for one year from the date of
conviction and: (A) Revocation of
41 the person's hunting license, unless
such license is a lifetime hunting li-
42 cense; or (B) if the person possesses a
lifetime hunting license, suspension
43 of such license for one year from the
date of conviction.
7
1 (2) Upon
the second such conviction, forfeiture of the person's
hunt-
2 ing privileges for three years
from the date of conviction and: (A) Revo-
3 cation of the person's hunting
license, unless such license is a lifetime
4 hunting license; or (B) if the
person possesses a lifetime hunting license,
5 suspension of such license for
three years from the date of conviction.
6 (3) Upon
the third or a subsequent such conviction, forfeiture of
the
7 person's hunting privileges for
five years from the date of conviction and:
8 (A) Revocation of the person's
hunting license, unless such license is a
9 lifetime hunting license; or (B)
if the person possesses a lifetime hunting
10 license, suspension of such license for
five years from the date of
11 conviction.
12 (c) If a
person convicted of a violation described in subsection (b)
has
13 been issued a combination hunting and
fishing license or a combination
14 lifetime license, only the hunting
portion of such license shall be revoked
15 or suspended pursuant to subsection
(b).
16 (d) Nothing in
this section shall be construed to prevent a convicting
17 court from suspending a person's hunting
privileges or ordering the for-
18 feiture or suspension of the person's
license, permit, stamp or other issue
19 of the department for a period longer
than provided in this section, if such
20 forfeiture or suspension is otherwise
provided for by law.
21 Sec. 5. K.S.A. 32-1032 and
K.S.A. 1999 Supp. 32-937 and 32-965 are
22 hereby repealed.
23 Sec. 6. This act shall
take effect and be in force from and after its
24 publication in the Kansas register.