CHAPTER 104 HOUSE Substitute for SENATE BILL No. 568 (Amended by Chapter 159) An Act concerning big game; relating to deer permits; concerning reduction of certain deer
and big game populations; relating to reduction of deer-related motor vehicle accidents;
relating to penalties for certain crimes; amending K.S.A. 32-1032 and K.S.A. 1999 Supp.
32-937 and 32-965 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 1999 Supp. 32-937 is hereby amended to read as
follows: 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 an individual who is actively engaged in the ag-
ricultural 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, supervise and con-
duct such agricultural operation and has the potential to realize substan-
tial benefit from such production in the form of salary, shares of such
production or some other economic incentive based upon such produc-
tion.

      (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
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 deer permit. The
special permits and applications may contain provisions and restrictions
as prescribed by rule and regulation adopted by the secretary in accord-
ance with K.S.A. 32-805 and amendments thereto. For the purposes of
this subsection, ``member of the immediate family'' means lineal or col-
lateral 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 resident big game permit as a landowner
or as a tenant, but the total number of landowner or tenant hunt-on-your-
own-land or special hunt-on-your-own-land permits issued to a land-
owner or tenant and a landowner's or tenant's immediate family for each
big game species shall not exceed one permit 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.

      (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 of each
type specified by rules and regulations that may be issued for a deer
season in a management unit and which may be used to take antlered
deer shall not exceed 5% 10% of the total number of resident deer firearm
permits of such type authorized for such season in such management unit;
and

      (2) the total number of nonresident deer archery permits of each type
specified by rules and regulations that may be issued for a deer season in
a management unit and which may be used to take antlered deer shall
not exceed 5% 15% of the total number of resident deer archery permits
of such type authorized for such season in such management unit.

      Nonresident deer archery permits may be restricted to a particular deer
species without regard to resident deer archery permit species restric-
tions, or lack thereof.

      If an unlimited number of resident deer permits that may be used to
take antlered deer is authorized for a deer season or management unit,
the percentage limitations of subsections (m)(1) and (m)(2) shall be based
upon the total number of resident firearm permits that may be used to
take antlered deer and the total number of archery permits that may be
used to take antlered deer, respectively, issued in the management unit
during the most recent preceding similar season. If in a management unit
there are an unlimited number of game tags available to residents an
unlimited number of resident permits that may be used to take only an-
tlerless deer, the secretary, in the secretary's discretion and in accordance
with rules and regulations, may authorize the issuance of an unlimited
number of deer tags for such unit to nonresidents of an unlimited number
of nonresident permits that may be used to take only antlerless deer.

      (n) Any nonresident deer hunting permits authorized under subsec-
tion (m) that remain unissued due to an insufficient number of nonresi-
dent applications as of a deadline determined by the secretary, shall be
made available to residents.

      (o) The secretary shall issue nonresident deer permits pursuant to
subsection (m) to landowners and tenants applying for such permits, ex-
cept that the total number of nonresident deer permits of each type spec-
ified by rules and regulations that may be issued to landowners and ten-
ants for a deer season in a management unit shall not exceed 50% of the
total number of nonresident deer permits of such a type authorized for
such season in such management unit. A nonresident deer permit obtained
by a landowner or tenant shall retain the permit's original designation,
except that such permit shall be transferable, with or without considera-
tion, to any resident or nonresident through the secretary at the request
of the landowner or tenant. A landowner or tenant purchasing a nonres-
ident deer permit pursuant to this subsection shall pay the established fee
for a nonresident deer permit.

      The provisions of this subsection shall expire on June 30, 2004.

      (o) (p) 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,
satisfactory to the secretary, of completion of a bow hunting safety edu-
cation course; or (2) a wild turkey firearm permit. Such deer archery
permit or turkey firearm permit shall be valid only while the individual
is hunting under the immediate supervision of an adult who is 21 years
of age or older.

      (p) (q) 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 con-
clusion of the open season, each permittee receiving such card shall re-
turn the card to the department, giving such information as is called for
on the card.

      (q) (r) The permittee shall permanently affix the game tag to the
carcass of any big game immediately after killing and thereafter, if re-
quired 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) (s) 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.  2. K.S.A. 1999 Supp. 32-965 is hereby amended to read as fol-
lows: 32-965. (a) As used in this section, terms have the meanings pro-
vided by K.S.A. 32-701 and amendments thereto.

      (b) It shall be a goal of the department to manage big game popu-
lations in the state at levels consistent with existing habitat and landowner
and community tolerance. For this purpose, the secretary is authorized
to issue big game control permits, in addition to big game permits and
game tags issued during regularly designated hunting seasons.

      (c) For each big game control permit issued, the secretary may des-
ignate the period of time, the location and the number and type of big
game that may be harvested. Use of any big game control permit shall
require the permission of the landowner or tenant of the property where
it is to be used.

      (d) The secretary shall consult with representatives of farming and
ranching organizations, county and city government associations and
hunting organizations in the development, modification and implemen-
tation of a big game control permit program.

      (e) The secretary, in accordance with K.S.A. 32-805 and amendments
thereto, may adopt such rules and regulations as necessary to implement
to the provisions of this section. Such rules and regulations shall not re-
quire an applicant for a big game control permit to attempt to alleviate a
problem with big game using any means other than hunting during the
regular firearms season for the appropriate species of big game animal.

      (f) The secretary shall establish a toll-free telephone number for land-
owners and tenants to report property damage caused by big game, re-
quest information regarding big game control permits and obtain infor-
mation regarding any other programs that assist in reduction of high local
big game populations, including, but not limited to, programs that refer
landowners and tenants to hunters willing to hunt on a landowner's or
tenant's land and programs that provide for departmental lease of lands
for public hunting.

      The provisions of this subsection shall expire on June 30, 2004.

      (g) The secretary shall cause to be published quarterly, in newspapers
having general circulation in areas experiencing high deer populations,
information regarding big game control permits and programs that assist
in reduction of high local deer populations, including, but not limited to,
programs that refer landowners and tenants to hunters willing to hunt on
a landowner's or tenant's land and programs that provide for departmen-
tal lease of lands for public hunting. Such information shall be published
in a manner calculated to give actual notice to the public and shall be
placed in a section other than the classified advertising section of the
newspaper.

      The provisions of this subsection shall expire on June 30, 2004.

      New Sec.  3. The secretary of wildlife and parks and the secretary of
transportation shall cooperate in developing a management plan to ad-
dress reduction of motor vehicle accidents involving deer in those areas
of the state experiencing high numbers of such accidents. The manage-
ment plan shall include methods to identify those areas and methods to
inform and communicate with landowners and tenants in those areas
regarding measures to reduce local deer populations. The management
plan shall be completed on or before January 1, 2001, and the joint report
of the secretary of wildlife and parks and the secretary of transportation
shall be submitted to the senate standing committee on energy and nat-
ural resources, the house standing committee on environment and the
governor on or before February 1, 2001.

      Sec.  4. K.S.A. 32-1032 is hereby amended to read as follows: 32-
1032. (a) Violation of any provision of the wildlife and parks laws of this
state or rules and regulations of the secretary relating to big game permits
and game tags is a misdemeanor punishable by a fine of not less than
$250 nor more than $1,000 or by imprisonment in the county jail for not
more than six months, or by both.

      (b) In addition to any other penalty imposed by the convicting court,
if a person is convicted of a violation of K.S.A. 32-1002, 32-1003 or 32-
1013, and amendments thereto, that involves taking of a big game animal,
or if a person is convicted of a violation of K.S.A. 32-1005, and amend-
ments thereto, that involves commercialization of a big game animal, the
court shall order:

      (1) Upon the first such conviction, forfeiture of the person's hunting
privileges for one year from the date of conviction and: (A) Revocation of
the person's hunting license, unless such license is a lifetime hunting li-
cense; or (B) if the person possesses a lifetime hunting license, suspension
of such license for one year from the date of conviction.

      (2) Upon the second such conviction, forfeiture of the person's hunt-
ing privileges for three years from the date of conviction and: (A) Revo-
cation of the person's hunting license, unless such license is a lifetime
hunting license; or (B) if the person possesses a lifetime hunting license,
suspension of such license for three years from the date of conviction.

      (3) Upon the third or a subsequent such conviction, forfeiture of the
person's hunting privileges for five years from the date of conviction and:
(A) Revocation of the person's hunting license, unless such license is a
lifetime hunting license; or (B) if the person possesses a lifetime hunting
license, suspension of such license for five years from the date of convic-
tion.

      (c) If a person convicted of a violation described in subsection (b) has
been issued a combination hunting and fishing license or a combination
lifetime license, only the hunting portion of such license shall be revoked
or suspended pursuant to subsection (b).

      (d) Nothing in this section shall be construed to prevent a convicting
court from suspending a person's hunting privileges or ordering the for-
feiture or suspension of the person's license, permit, stamp or other issue
of the department for a period longer than provided in this section, if such
forfeiture or suspension is otherwise provided for by law. 
Sec.  5. K.S.A. 32-1032 and K.S.A. 1999 Supp. 32-937 and 32-965 are
hereby repealed.
 Sec.  6. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved April 19, 2000.
 Published in the Kansas Register April 27, 2000.
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