710 1997 Session Laws of Kansas Ch. 127
Be it enacted by the Legislature of the State of
Kansas:
Section 1. K.S.A. 32-932 is hereby amended to read as follows:
32-
932. (a) Any person having a permanent disability to the extent
that such
person cannot physically use a conventional long bow or compound
bow,
as certified by a person licensed to practice medicine and surgery
in this
state, shall be authorized to hunt and take deer
or, antelope, elk or wild
turkey with a crossbow.
(b) The secretary of wildlife and parks shall adopt, in
accordance with
K.S.A. 32-805, and amendments thereto, rules and regulations
requiring
permits to hunt deer or, antelope, elk
or wild turkey pursuant to subsec-
tion (a) and providing for the approval of applicants for such
permits and
the issuance thereof. In addition, the secretary may adopt rules
and reg-
ulations limiting the times and areas for hunting and taking deer
and,
antelope, elk and wild turkey and limiting the number of
deer and, an-
telope, elk and wild turkey which may be taken pursuant to
subsection
(a).
(c) Falsely obtaining or using a permit authorized by this
section is a
class C misdemeanor.
New Sec. 2. (a) Any person having a permanent physical or
visual
disability such that the person cannot safely hunt or fish in
accordance
with law and rules and regulations of the department, as certified
by a
person licensed to practice optometry or medicine and surgery in
this
state, shall be eligible to obtain a disability assistance permit.
The permit
shall allow the permitholder to designate another person to take,
on be-
half of and while accompanied by the permitholder, the
permitholder's
legal limit of game or fish. The person designated shall hold all
licenses,
permits, stamps or other issues of the department required for the
activity
being engaged in and the permitholder shall remain subject to all
other
laws and rules and regulations of the department for the activity
being
engaged in. On the determination of the secretary, the disability
assist-
ance permit may designate the hunting or fishing activity for which
assis-
tance to the permitholder may be provided.
(b) The secretary shall adopt, in accordance with K.S.A. 32-805,
and
amendments thereto, rules and regulations providing for the
approval of
applicants for permits pursuant to subsection (a) and for the
issuance of
such permits.
(c) Falsely obtaining or using a permit authorized by this
section is a
class C misdemeanor.
Ch. 127 1997 Session Laws of Kansas 711
Sec. 3. K.S.A. 1996 Supp. 32-937 is hereby amended to read as
fol-
lows: 32-937. (a) When used in this section:
(1) ``Landowner'' means a resident owner of farm or ranch land
of
80 acres or more located in the state of Kansas.
(2) ``Tenant'' means a resident of this state who is actively
engaged
in the agricultural operation of 80 acres or more of Kansas farm or
ranch
land for the purpose of producing agricultural commodities or
livestock
and who: (A) Has a substantial financial investment in the
production of
agricultural commodities or livestock on such farm or ranch land
and the
potential to realize substantial financial benefit from such
production; or
(B) is a bona fide manager having an overall responsibility to
direct, su-
pervise and conduct such agricultural operation and has the
potential to
realize substantial benefit from such production in the form of
salary,
shares of such production or some other economic incentive based
upon
such production.
(3) ``Regular season'' means a statewide big game hunting season
au-
thorized annually which may include one or more seasons restricted
to
specific types of equipment.
(4) ``Special season'' means a big game hunting season in
addition to
a regular season authorized on an irregular basis or at different
times of
the year other than the regular season.
(5) ``General permit'' means a big game hunting permit available
to
Kansas residents not applying for big game permits as a landowner
or
tenant.
(6) ``Nonresident landowner'' means a nonresident of the state
of
Kansas who owns farm or ranch land of 80 acres or more which is
located
in the state of Kansas.
(7) ``Nonresident permit'' means a big game hunting permit
available
to individuals who are not Kansas residents.
(b) Except as otherwise provided by law or rules and regulations
of
the secretary and in addition to any other license, permit or stamp
re-
quired by law or rules and regulations of the secretary, a valid
big game
permit and game tags are required to take any big game in this
state.
(c) The fee for big game permits and game tags shall be the
amount
prescribed pursuant to K.S.A. 32-988, and amendments
thereto.
(d) A big game permit and game tags are valid throughout the
state
or such portion thereof as provided by rules and regulations
adopted by
the secretary in accordance with K.S.A. 32-805 and amendments
thereto.
(e) Unless otherwise provided by law or rules and regulations of
the
secretary, a big game permit and game tags are valid from the date
of
issuance and shall expire at the end of the season for which
issued.
(f) The secretary may adopt, in accordance with K.S.A. 32-805,
and
amendments thereto, rules and regulations for each regular or
special big
game hunting season and for each management unit regarding big
game
permits and game tags. The secretary is hereby authorized to issue
big
712 1997 Session Laws of Kansas Ch. 127
game permits and game tags pertaining to the taking of big game.
Sep-
arate big game permits and game tags may be issued for each species
of
big game. No big game permits or game tags shall be issued until
the
secretary has established, by rules and regulations adopted in
accordance
with K.S.A. 32-805, and amendments thereto, a regular or special
big
game hunting season.
(g) The secretary may authorize, by rule and regulation adopted
in
accordance with K.S.A. 32-805, and amendments thereto, landowner
or
tenant hunt-on-your-own-land big game permits. Such permits and
ap-
plications may contain provisions and restrictions as prescribed by
rule
and regulation adopted by the secretary in accordance with K.S.A.
32-
805, and amendments thereto.
(h) The secretary may authorize, by rule and regulation adopted
in
accordance with K.S.A. 32-805 and amendments thereto, special
land-
owner or tenant hunt-on-your-own-land deer permits. Such special
per-
mits shall not be issued to landowners or tenants in possession of
a hunt-
on-your-own-land deer permit as authorized in subsection (g). The
special
permits shall be transferable to any immediate family member of
the
landowner or tenant, whether or not a Kansas resident, or the
permit may
be retained for use by the landowner or tenant. The special permits
shall
be transferable through the secretary at the request of the
landowner or
tenant and by paying the required fee for a general or
nonresident deer
permit and the additional payment of the permit transfer fee. The
special
permits and applications may contain provisions and restrictions as
pre-
scribed by rule and regulation adopted by the secretary in
accordance
with K.S.A. 32-805 and amendments thereto. For the purposes of
this
subsection, ``member of the immediate family'' means lineal or
collateral
ascendants or descendants, and their spouses.
(i) Fifty percent of the big game permits authorized for a
regular
season in any management unit shall be issued to landowners or
tenants,
provided that a limited number of big game permits have been
authorized
and landowner or tenant hunt-on-your-own-land big game permits
for
that unit have not been authorized. A landowner or tenant is not
eligible
to apply for a big game permit as a landowner or as a tenant in a
man-
agement unit other than the unit or units which includes such
landowner's
or tenant's land. Any big game permits not issued to landowners or
ten-
ants within the time period prescribed by rule and regulation may
be
issued without regard to the 50% limitation.
(j) Members of the immediate family who are domiciled with a
land-
owner or tenant may apply for a big game permit as a landowner or
as a
tenant, but the total number of permits issued to a landowner or
tenant
and a landowner's or tenant's immediate family shall not exceed one
per-
mit for each 80 acres owned by such landowner or operated by
such
tenant. The secretary may require proof of ownership or tenancy
from
individuals applying for a big game permit as a landowner or as a
tenant.
Ch. 127 1997 Session Laws of Kansas 713
(k) The secretary may issue permits for deer or turkey to
nonresident
landowners, but any such permit shall be restricted to hunting only
on
lands owned by the nonresident landowner.
(l) The secretary may issue turkey hunting permits to
nonresidents
in turkey management units with unlimited turkey hunting permits
avail-
able.
(m) The secretary may issue deer hunting permits to
nonresidents,
subject to the following limitations:
(1) The total number of nonresident deer firearm permits issued
for
a deer season in a management unit shall not exceed 5% of the
total
number of resident deer firearm permits authorized for such season
in
such management unit; and
(2) the total number of nonresident deer archery permits issued
for
a deer season in a management unit shall not exceed 5% of the
total
number of resident deer archery permits authorized for such season
in
such management unit.
If an unlimited number of resident deer permits is authorized
for a
deer season or management unit, the percentage limitations of
subsec-
tions (l)(1) and (l)(2) (m)(1) and (m)(2)
shall be based upon the total
number of resident firearm permits and the total number of archery
per-
mits, respectively, issued in the management unit during the most
recent
preceding similar season. Notwithstanding the foregoing provisions
of this
subsection, nonresident firearm deer permits of a particular type
and
nonresident archery deer permits of a particular type may be issued
in a
firearms management unit only if resident firearm permits of such
type
remained unissued after the close of the previous year's first
permit se-
lection process in that management unit.
(n) Any recipient of a nonresident deer hunting permit
as authorized nonresident deer hunting permits authorized
under subsec-
under subsection (l) shall be ineligible to apply for or to receive
a non-
resident deer hunting permit for any deer season established for
the fol-
lowing year
tion (m) that remain unissued due to an insufficient number of
nonresident applications as of a deadline determined by the
secretary,
shall be made available to residents.
(o) No big game permit issued to a person under 14 years of age
shall
be valid until such person reaches 14 years of age, except that
a person
who is 12 years or 13 years of age and has been issued a
certificate of
completion of an approved hunter education course may be issued:
(1) A
deer archery permit if the person submits to the secretary
evidence, sat-
isfactory to the secretary, of completion of a bow hunting safety
education
course; or (2) a wild turkey firearm permit may be
issued to any individual. Such deer archery permit or turkey
firearm permit shall
who is 12 years of age or older but is under 14 years of age if the
individual
has been issued a certificate of completion of an approved hunter
edu-
cation course
714 1997 Session Laws of Kansas Ch. 127
be valid only while the individual is hunting under the
immediate super-
vision of an adult who is 21 years of age or older.
(p) A big game permit shall state the species, number and sex of
the
big game which may be killed by the permittee. The secretary may
furnish
an informational card with any big game permit and, at the
conclusion of
the open season, each permittee receiving such card shall return
the card
to the department, giving such information as is called for on the
card.
(q) The permittee shall permanently affix the game tag to the
carcass
of any big game immediately after killing and thereafter, if
required by
rules and regulations, the permittee shall immediately take such
killed
game to a check station as required in the rules and regulations,
where a
check station tag shall be affixed to the game carcass if the kill
is legal.
The tags shall remain affixed until the carcass is consumed or
processed
for storage.
(r) The provisions of this section do not apply to big game
animals
sold in surplus property disposal sales of department exhibit herds
or big
game animals legally taken outside this state.
Sec. 4. K.S.A. 32-932 and K.S.A. 1996 Supp. 32-937 are hereby
re-
pealed.
Sec. 5. This act shall take effect and be in force from and
after its
publication in the statute book.
Approved April 24, 1997.