CHAPTER 165
SENATE BILL No. 316
An Act concerning wildlife and parks; relating to certain permits
and licensees and fees
therefor; amending K.S.A. 32-901 and 32-919 and K.S.A. 1999 Supp.
32-906 and 32-
988 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 32-901 is hereby
amended to read as follows: 32-
901. (a) Except as otherwise provided by law or rules and
regulations of
the secretary, a valid park and recreation motor vehicle permit is
required
to use a motor vehicle in any state park, or any portion thereof,
or in any
other area designated by the secretary pursuant to subsection (f),
which
is posted in accordance with subsection (g).
(b) (1) The secretary shall issue
annual and temporary park and rec-
reation motor vehicle permits.
(2) The annual permit shall be issued to
certificate of titleholders for
each calendar year as provided in K.S.A. 32-983, 32-984 and 32-985,
and
amendments thereto, and shall not be transferable. An additional
vehicle
permit may be issued to the owner of an original annual permit. The
fee
for an annual permit and the fee for an additional vehicle permit
shall be
fixed by the secretary by rules and regulations adopted in
accordance with
K.S.A. 32-805, and amendments thereto. The fee for an annual
permit
for a motor vehicle of any Kansas resident certificate of title
holder who
is 65 or more years of age or who is a person with a disability
and displays
a special license plate or placard issued pursuant to K.S.A.
8-1,125 and
amendments thereto shall be an amount equal to 1/2 the fee fixed
by the
secretary for other annual park and recreation motor vehicle
permits,
except a nonresident regardless of age shall pay the full
fee. A duplicate
permit may be issued upon proof of loss of the original permit for
the
remainder of the calendar year for a fee fixed by the secretary by
rules
and regulations adopted in accordance with K.S.A. 32-805, and
amend-
ments thereto. If the motor vehicle for which an annual permit has
been
issued is sold or traded during the calendar year for which the
permit
was issued and the original permit is surrendered to the
department, a
new permit effective for the remainder of the calendar year may be
issued
to the person who sold or traded the motor vehicle for a fee fixed
by the
secretary by rules and regulations adopted in accordance with
K.S.A. 32-
805, and amendments thereto. Before any duplicate or new permit
is
issued, the purchaser thereof must show by evidence that the
purchaser
was issued the original permit and that the purchaser is the holder
of a
valid certificate of title to the motor vehicle for which the
duplicate or
new permit is issued.
(3) A temporary permit shall be issued
for a day, shall be issued for
a specific vehicle and shall not be transferable. The fee for such
a tem-
porary permit shall be fixed by the secretary by rules and
regulations
adopted in accordance with K.S.A. 32-805, and amendments thereto.
The
fee for a temporary permit for a motor vehicle of any Kansas
resident
certificate of title holder who is 65 or more years of age or
who is a person
with a disability and displays a special license plate or
placard issued
pursuant to K.S.A. 8-1,125 and amendments thereto shall be an
amount
equal to 1/2 the fee fixed by the secretary for other temporary
park and
recreation motor vehicle permits, except a nonresident
regardless of age
shall pay the full fee.
(c) The provisions of subsection (a) do
not apply to:
(1) A motor vehicle of any Kansas
resident certificate of titleholder
who is 65 or more years of age or who is a person with a
disability and
displays a special license plate or placard issued pursuant
to K.S.A. 8-
1,125, and amendments thereto, and any such certificate of
titleholder
may request a special permit or pass which shall be issued
by the de-
partment to such titleholder;
(2) (1) A motor
vehicle used in the operation or maintenance of state
parks or other areas under the secretary's control, emergency motor
ve-
hicles, state-owned motor vehicles, law enforcement motor vehicles
or
private or government motor vehicles being operated on official
business
for a governmental agency;
(3) (2) a motor
vehicle of a nonresident who secures a special fee,
license or permit required by rules and regulations adopted by the
sec-
retary in accordance with K.S.A. 32-805, and amendments thereto,
relat-
ing to the use of the park or other area;
(4) (3) a motor
vehicle for which a special permit or pass has been
issued pursuant to subsection (d);
(5) (4) a motor
vehicle in a state park or other area to which subsec-
tion (d) applies on dates designated pursuant to subsection (e);
or
(6) (5) a motor
vehicle in an area or at a time not designated pursuant
to subsection (f) as an area or time which requires a permit.
(d) The secretary may issue a special
permit or pass for a motor ve-
hicle used for the purpose of sightseeing, attending a church
service,
attending an approved special event by members of the news media
or
emergency reasons, as provided by rules and regulations adopted by
the
secretary in accordance with K.S.A. 32-805, and amendments
thereto.
(e) The secretary may designate by
resolution two days each calendar
year during which persons may use motor vehicles in state parks and
other
areas under the secretary's control without having a valid park and
rec-
reation motor vehicle permit.
(f) The secretary shall designate the
state parks and other areas under
the secretary's control, or portions thereof, and the time periods
in which
motor vehicle permits shall be required hereunder.
The secretary shall cause signs to be posted
and maintained at the
entrances to all such designated state parks or other areas, or
portions
thereof, which signs shall display a legend that a motor vehicle
entering
and using the state park or area, or portion thereof, is required
to display
on the motor vehicle a permit of the type described in this
section.
(g) All fees, licenses and other charges,
and rules and regulations
relating to the use of and conduct of persons in a state park or
other area
under the secretary's control, or any facility therein, shall be
posted in a
convenient and conspicuous place in each such park, area or
facility. Ex-
cept as otherwise provided in this section, each and every person
using
any such park, area or facility shall be charged the same fees,
licenses and
every other charge.
Sec. 2. K.S.A. 1999 Supp. 32-906 is
hereby amended to read as fol-
lows: 32-906. (a) Except as otherwise provided by law or rules and
reg-
ulations of the secretary, a valid Kansas fishing license is
required to fish
or to take any bullfrog in this state.
(b) The provisions of subsection (a) do
not apply to fishing by:
(1) A person, or a member of a person's
immediate family domiciled
with such person, on land owned by such person or on land leased
or
rented by such person for agricultural purposes;
(2) a resident of this state who
is less than 16 years of age or who is
65 or more years of age;
(3) a nonresident
(2) a person who is less than 16 years of age
or
who is 65 or more years of age;
(4) (3) a person
fishing in a private water fishing impoundment unless
waived pursuant to K.S.A. 32-975 and amendments thereto;
(5) (4) a
resident of an adult care home, as defined by K.S.A. 39-923
and amendments thereto, licensed by the secretary of health and
envi-
ronment;
(6) (5) an inmate
in an honor camp operated by the secretary of cor-
rections, pursuant to an agreement between the secretary of
corrections
and the secretary of wildlife and parks;
(7) (6) a person
on dates designated pursuant to subsection (f);
(8) a resident of the state of
Texas who is 65 or more years of age if
the state of Texas permits residents of this state who are
65 or more years
of age to fish in Texas without having to obtain a Texas
fishing license;
(9) (7) a person
fishing under a valid institutional group fishing license
issued pursuant to subsection (g); or
(10) (8) a
participant in a fishing clinic sponsored or cosponsored by
the department, during the period of time that the fishing clinic
is being
conducted.
(c) The fee for a fishing license shall
be the amount prescribed pur-
suant to K.S.A. 32-988 and amendments thereto.
(d) Unless otherwise provided by law or
rules and regulations of the
secretary, a fishing license is valid throughout the state.
(e) Unless otherwise provided by law or
rules and regulations of the
secretary, a fishing license is valid from the date of issuance and
expires
on December 31 following its issuance, except that the secretary
may
issue a:
(1) Permanent license pursuant to K.S.A.
32-929 and amendments
thereto;
(2) lifetime license pursuant to K.S.A.
32-930 and amendments
thereto;
(3) nonresident fishing license valid for
a period of five days; and
(4) resident or nonresident fishing
license valid for a period of 24
hours.
(f) The secretary may designate by
resolution two days each calendar
year during which persons may fish by legal means without having a
valid
fishing license.
(g) The secretary shall issue an annual
institutional group fishing li-
cense to each facility operating under the jurisdiction of or
licensed by
the secretary of social and rehabilitation services and to any
veterans ad-
ministration medical center in the state of Kansas upon application
by
such facility or center to the secretary of wildlife and parks for
such li-
cense.
All applications for facilities under the
jurisdiction of the secretary of
social and rehabilitation services shall be made with the approval
of the
secretary of social and rehabilitation services and shall provide
such in-
formation as the secretary of wildlife and parks requires. All
applications
for any veterans administration medical center shall be made with
the
approval of the director of such facility and shall provide such
information
as the secretary of wildlife and parks requires. Persons who have
been
admitted to and are currently residing at the facility or center,
not to
exceed 20 at any one time, may fish under an institutional group
fishing
license within the state while on a group trip, group outing or
other group
activity which is supervised by the facility or center. Persons
fishing under
an institutional group fishing license shall not be required to
obtain a
fishing license but shall be subject to all other laws and to all
rules and
regulations relating to fishing.
The staff personnel of the facility or center
supervising the group trip,
group outing or other group activity shall have in their possession
the
institutional license when engaged in supervising any activity
requiring
the license. Such staff personnel may assist group members in all
aspects
of their fishing activity.
(h) The secretary may issue a special
nonprofit group fishing license
to any community, civic or charitable organization which is
organized as
a not-for-profit corporation, for use by such community, civic or
chari-
table organization for the sole purpose of conducting group fishing
activ-
ities for handicapped or developmentally disabled individuals. All
appli-
cations for a special nonprofit group fishing license shall be made
to the
secretary or the secretary's designee and shall provide such
information
as required by the secretary.
Handicapped or developmentally disabled
individuals, not to exceed
20 at any one time, may fish under a special nonprofit group
fishing
license while on a group trip, outing or activity which is
supervised by the
community, civic or charitable organization. Individuals fishing
under a
special nonprofit group fishing license shall not be required to
obtain a
fishing license but shall be subject to all other laws and rules
and regu-
lations relating to fishing.
The staff personnel of the community, civic or
charitable organization
supervising the group trip, outing or activity shall have in their
possession
the special nonprofit group fishing license when engaged in
supervising
any activity requiring the special nonprofit group fishing license.
Such
staff personnel may assist group members in all aspects of their
fishing
activity.
Sec. 3. K.S.A. 32-919 is hereby
amended to read as follows: 32-919.
(a) Except as otherwise provided by law or rules and regulations of
the
secretary, a valid Kansas hunting license is required to hunt in
this state.
(b) The provisions of subsection (a) do
not apply to hunting by:
(1) A person, or a member of a person's
immediate family domiciled
with such person, on land owned by such person or on land leased
or
rented by such person for agricultural purposes;
(2) a resident of this state who is less
than 16 years of age or who is
65 or more years of age;
(3) a nonresident participating in a
field trial for dogs, recognized by
rules and regulations adopted by the secretary in accordance with
K.S.A.
32-805 and amendments thereto;
(4) a person who holds a valid permit
issued to such person pursuant
to subsection (f) and who hunts only waterfowl; or
(5) a person hunting only moles or
gophers.
(c) The fee for a hunting license shall
be the amount prescribed pur-
suant to K.S.A. 32-988 and amendments thereto.
(d) Unless otherwise provided by law or
rules and regulations of the
secretary, a hunting license is valid throughout the state, except
that the
secretary may issue a special controlled shooting area license
which is
valid only for licensed controlled shooting areas.
(e) Unless otherwise provided by law or
rules and regulations of the
secretary, a hunting license is valid from the date of issuance and
expires
on December 31 following its issuance, except that:
(1) The secretary may issue a permanent
license pursuant to K.S.A.
32-929 and amendments thereto;
(2) the secretary may issue a lifetime
license pursuant to K.S.A. 32-
930 and amendments thereto.
(f) A 48-hour waterfowl permit may be
issued which authorizes hunt-
ing of waterfowl in this state subject to all other provisions of
law and
rules and regulations of the secretary. The fee for such permit
shall be
the amount prescribed pursuant to K.S.A. 32-988 and
amendments
thereto. Such permit is valid throughout the state, is valid
from the time
designated on the permit and expires 48 hours after such time.
Purchase
of such permit shall not affect the requirement to purchase any
federal
migratory bird hunting and conservation stamp or state migratory
water-
fowl habitat stamp.
Sec. 4. K.S.A. 1999 Supp. 32-988 is
hereby amended to read as fol-
lows: 32-988. (a) The secretary is authorized to adopt, in
accordance with
K.S.A. 32-805 and amendments thereto, rules and regulations fixing
the
amount of fees for the following items, subject to the following
limitations
and subject to the requirement that no such rules and regulations
shall
be adopted as temporary rules and regulations:
Big game permits
Resident: minimum $10, maximum $100
Nonresident: minimum $30, maximum
$400
Big game tag: maximum $10
Nonresident applications: maximum $5
Combination hunting and fishing licenses
Resident: minimum $10, maximum $30
Lifetime: minimum $400, maximum $600; or
8 quarterly payments, each minimum $55,
maximum $80
Nonresident: minimum $75, maximum
$125
Commercial dog training permits: minimum $10,
maximum $25
Commercial guide permit or associate guide
permit: maximum $50
Commercial harvest or dealer permits: minimum
$10, maximum $200
Commercial prairie rattlesnake harvesting
permits
Resident or nonresident with valid
hunting license: maximum $5
Resident or nonresident nonfirearm
without valid hunting license: maximum $20
Controlled shooting area operator license:
minimum $200, maximum $400
Duplicate licenses, permits, stamps and other
issues of the department: maximum $10
Falconry
Permits: minimum $50, maximum $300
Examinations: minimum $25, maximum
$100
Field trial permits: minimum $10, maximum
$25
Fishing licenses
Resident: minimum $5, maximum $15
Lifetime: minimum $200, maximum $300; or
8 quarterly payments, each minimum $30,
maximum $45
Nonresident: minimum $15, maximum
$50
Five-day nonresident: minimum $5,
maximum $15
Institutional group: minimum $100,
maximum $200
Special nonprofit group: minimum $50,
maximum $200
Twenty-four-hour: maximum $3
Fur dealer licenses
Resident: minimum $50, maximum $200
Nonresident: minimum $50, maximum
$400
Furharvester licenses
Resident: minimum $10, maximum $20
Lifetime: minimum $200, maximum $300; or
8 quarterly payments, each minimum $30,
maximum $45
Nonresident: minimum $50, maximum
$400
Game breeder permits: minimum $2, maximum
$15
Handicapped hunting and fishing permits:
maximum $5
Hound trainer-breeder running permits: minimum
$10, maximum $25
Hunting licenses
Resident: minimum $5, maximum $15
Lifetime: minimum $200, maximum $300; or
8 quarterly payments, each minimum $30,
maximum $45
Nonresident: minimum $25, maximum
$75
Controlled shooting area: minimum $5,
maximum $15
Forty-eight-hour waterfowl permits:
maximum $25
Migratory waterfowl habitat stamps: minimum
$3, maximum $5
Mussel fishing licenses
Resident: minimum $25, maximum $200
Nonresident: minimum $50, maximum
$1,500
Rabbit permits
Live trapping: maximum $200
Shipping: minimum $25, maximum $400
Raptor propagation permits: maximum $100
Rehabilitation permits: maximum $50
Scientific, educational or exhibition permits:
maximum $10
Wildlife damage control permits: maximum
$10
Wildlife importation permits: maximum $10
Special permits under K.S.A. 32-961: maximum
$100
Miscellaneous fees
Special events on department land or
water: maximum $200
Special departmental services, materials
or supplies: no maximum
Other issues of department: no
maximum
Vendor bond: no maximum
(b) The fee for a
landowner-tenant resident big game hunting permit
shall be an amount equal to 1/2 the fee for a
general resident big game
hunting permit.
(c) The fee for a
furharvester license for a resident under 16 years of
age shall be an amount equal to 1/2 the fee
for a resident furharvester
license.
(d) For a
resident 65 or more years of age the fee for a hunting
license,
fishing license, combination hunting and
fishing license, lifetime hunting
license, lifetime fishing license or
lifetime combination hunting and fishing
license shall be an amount equal to 1/2 the
fee for a resident license.
(d)
(e) The secretary may establish, by rules and
regulations adopted
in accordance with K.S.A. 32-805 and
amendments thereto, different fees
for various classes and types of licenses,
permits, stamps and other issu-
ances of the department which may occur within
each item as described
under subsection (a).
(e) The fee
for a lifetime furharvester license shall be $240 from
the
effective date of this act through
calendar year 1999.
Sec. 5. K.S.A. 32-901 and
32-919 and K.S.A. 1999 Supp. 32-906 and
32-988 are hereby repealed.
Sec. 6. This act shall take
effect and be in force from and after Jan-
uary 1, 2001, and its publication in the
statute book.
Approved May 16, 2000.
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