CHAPTER 16 SENATE BILL No. 86 An Act concerning wildlife and parks; relating to certain late payment fees; amending K.S.A. 32-1001 and repealing the existing section. Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 32-1001 is hereby amended to read as follows: 32-
1001. (a) It is unlawful for any person to:

      (1) Participate or engage in any activity for which such person is re-
quired to have obtained a license, permit, stamp or other issue of the
department under the wildlife and parks laws of this state or under rules
and regulations of the secretary unless such person has obtained a cur-
rently valid such license, permit, stamp or other issue issued to such
person;

      (2) fail to carry in such person's possession a currently valid license,
permit, stamp or other issue of the department, issued to such person,
while participating or engaging in any activity for which such person is
required to have obtained such license, permit, stamp or other issue un-
der the wildlife and parks laws of this state or under rules and regulations
of the secretary;

      (3) refuse to allow examination of any license, permit, stamp or other
issue of the department while participating or engaging in any activity for
which such person is required to have obtained such license, permit,
stamp or other issue under the wildlife and parks laws of this state or
under rules and regulations of the secretary, upon demand by any officer
or employee of the department or any officer authorized to enforce the
laws of this state or rules and regulations of the secretary;

      (4) while participating or engaging in fishing or hunting: (A) Fail to
carry in such person's possession a card or other evidence which such
person is required to carry pursuant to K.S.A. 32-980 and amendments
thereto; or (B) refuse to allow inspection of such card or other evidence
upon demand of any officer or employee of the department or any officer
authorized to enforce the laws of this state or rules and regulations of the
secretary; or

      (5) make any false representation to secure any license, permit, stamp
or other issue of the department, or duplicate thereof, or to make any
alteration in any such license, permit, stamp or other issue.

      (b) No person charged with violating subsection (a)(1) for failure to
obtain a vehicle or camping permit for use of any state park, or any portion
thereof or facility therein, or any other area or facility for which a vehicle
or camping permit is required pursuant to rules and regulations of the
secretary shall be convicted thereof unless such person refuses to pur-
chase such permit after receiving a permit violation notice, which notice
shall require the procurement of the proper permit or permits and pay-
ment, within 24 hours, of a late payment fee of $5 $15.

      (c)  (1) In any prosecution charging a violation of subsection (a)(1)
for failure to obtain a permit required by K.S.A. 32-901 and amendments
thereto, proof that the particular vehicle described in the complaint was
in violation, together with proof that the defendant named in the com-
plaint was at the time of the violation the registered owner of such vehicle,
shall constitute in evidence a prima facie presumption that the registered
owner of such vehicle was the person who parked or placed such vehicle
at the time when and place where the violation occurred.

      (2) Proof of a written lease of, or rental agreement for, a particular
vehicle described in the complaint, on the date and at the time of the
violation, which lease or rental agreement includes the name and address
of the person to whom the vehicle was leased or rented at the time of
the violation, shall rebut the prima facie evidence that the registered
owner was the person who parked or placed the vehicle at the time when
and place where the violation occurred.

      (d) No person who is a resident of this state and charged with violat-
ing subsection (a)(1) or (a)(2) shall be convicted thereof if such person
produces in court or the office of the arresting officer the appropriate
license, permit, stamp or other issue of the department, lawfully issued
to such person and valid at the time of such person's arrest.

 Sec.  2. K.S.A. 32-1001 is hereby repealed.
 Sec.  3. This act shall take effect and be in force from and after its
publication in the statute book.

Approved March 15, 2001.
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