CHAPTER 121 HOUSE BILL No. 2976 (Amended by Chapter 159) An Act concerning animals; relating to penalty for taking trophy big game; penalty for
importation or possession of feral swine; amending K.S.A. 32-1032 and K.S.A. 1999
Supp. 47-1809 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. 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, subject to the provisions of subsection
(b), 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)  (1) In addition to any other penalty prescribed by law, the un-
lawful intentional taking of a trophy big game animal shall be punishable
by a fine of $5,000.

      (2) A trophy big game animal shall include any animal meeting the
following criteria:

      (A) An antlered whitetail deer having an inside spread measurement
of at least 17 inches;

      (B) an antlered mule deer having an inside spread measurement of at
least 22 inches;

      (C) an antlered elk having at least six points on one antler; or

      (D) an antelope having at least one horn greater than 14 inches in
length.

      (3) The secretary may adopt, in accordance with K.S.A. 32-805, and
amendments thereto, such rules and regulations that the secretary deems
necessary to implement and define the terms of this section.

      Sec.  2. K.S.A. 1999 Supp. 47-1809 is hereby amended to read as
follows: 47-1809. (a) As used in this section, ``feral swine'' means any
untamed or undomesticated hog, boar or pig.

      (b) Importation or possession, or both, of feral swine into the state
of Kansas is a violation of state law, which may incur a civil penalty in the
amount of not less than $250 $1,000 nor more than $1,000 $5,000 for
each such violation. In the case of a continuing violation, every day such
violation continues shall be deemed a separate violation.

      (c) Any duly authorized agent of the livestock commissioner, upon a
finding that any person, or agent or employee thereof, has violated any
of the provisions stated above, may impose a civil penalty upon such
person as provided in this section.

      (d) No civil penalty shall be imposed pursuant to this section except
upon the written order of the duly authorized agent of the livestock com-
missioner to the person who committed the violation. Such order shall
state the violation, the penalty to be imposed and the right of the person
to appeal to the commissioner. Any such person, within 20 days after
notification, may make written request to the commissioner for a hearing
in accordance with the provisions of the Kansas administrative procedure
act. The commissioner shall affirm, reverse or modify the order and shall
specify the reasons therefor.

      (e) Any person aggrieved by an order of the commissioner made un-
der this section may appeal such order to the district court in the manner
provided by the act for judicial review and civil enforcement of agency
actions.

      (f) Any civil penalty recovered pursuant to the provisions of this sec-
tion shall be remitted to the state treasurer, deposited in the state treasury
and credited to the state general fund.

      (g) The livestock commissioner, or the authorized representative of
the livestock commissioner, may destroy or require the destruction of any
feral swine upon discovery of such swine.

 Sec.  3. K.S.A. 32-1032 and K.S.A. 1999 Supp. 47-1809 are hereby
repealed.
 Sec.  4. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 19, 2000.
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