CHAPTER 185
HOUSE BILL No. 2599
(Amends Chapter 107)
An Act concerning wildlife and parks; relating to the powers
and duties of the secretary
of wildlife and parks; relating to sport shooting ranges; relating
to commercial guide
services; concerning reports of disposition of certain
prosecutions; amending K.S.A. 32-
964 and 32-1054 and K.S.A. 2000 Supp. 21-4619 and repealing the
existing sections;
also repealing K.S.A. 32-964, as amended by section 2 of 2001 House
Bill No. 2098,
K.S.A. 32-1054, as amended by section 3 of 2001 House Bill No.
2098, and K.S.A. 2000
Supp. 21-4619, as amended by section 1 of 2001 House Bill
No. 2098.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2000 Supp.
21-4619 is hereby amended to read as
follows: 21-4619. (a) (1) Except as provided in
subsections (b) and (c),
any person convicted in this state of a traffic infraction,
cigarette or to-
bacco infraction, misdemeanor or a class D or E felony, or for
crimes
committed on or after July 1, 1993, nondrug crimes ranked in
severity
levels 6 through 10 or any felony ranked in severity level 4 of the
drug
grid, may petition the convicting court for the expungement of such
con-
viction or related arrest records if three or more years have
elapsed since
the person: (A) Satisfied the sentence imposed; or (B) was
discharged
from probation, a community correctional services program, parole,
post-
release supervision, conditional release or a suspended
sentence.
(2) Except as provided in subsections (b)
and (c), any person who has
fulfilled the terms of a diversion agreement may petition the
district court
for the expungement of such diversion agreement and related arrest
re-
cords if three or more years have elapsed since the terms of the
diversion
agreement were fulfilled.
(b) Except as provided in subsection (c),
no person may petition for
expungement until five or more years have elapsed since the person
sat-
isfied the sentence imposed, the terms of a diversion agreement or
was
discharged from probation, a community correctional services
program,
parole, postrelease supervision, conditional release or a suspended
sen-
tence, if such person was convicted of a class A, B or C felony, or
for
crimes committed on or after July 1, 1993, if convicted of an
off-grid
felony or any nondrug crime ranked in severity levels 1 through 5
or any
felony ranked in severity levels 1 through 3 of the drug grid,
or:
(1) Vehicular homicide, as defined by
K.S.A. 21-3405 and amend-
ments thereto or as prohibited by any law of another state which is
in
substantial conformity with that statute;
(2) a violation of K.S.A. 8-1567 and
amendments thereto, or a viola-
tion of any law of another state, which declares to be unlawful the
acts
prohibited by that statute;
(3) driving while the privilege to
operate a motor vehicle on the public
highways of this state has been canceled, suspended or revoked, as
pro-
hibited by K.S.A. 8-262 and amendments thereto or as prohibited by
any
law of another state which is in substantial conformity with that
statute;
(4) perjury resulting from a violation of
K.S.A. 8-261a and amend-
ments thereto or resulting from the violation of a law of another
state
which is in substantial conformity with that statute;
(5) violating the provisions of the fifth
clause of K.S.A. 8-142 and
amendments thereto, relating to fraudulent applications or
violating the
provisions of a law of another state which is in substantial
conformity with
that statute;
(6) any crime punishable as a felony
wherein a motor vehicle was
used in the perpetration of such crime;
(7) failing to stop at the scene of an
accident and perform the duties
required by K.S.A. 8-1602, 8-1603 or 8-1604, and amendments
thereto,
or required by a law of another state which is in substantial
conformity
with those statutes;
(8) violating the provisions of K.S.A.
40-3104 and amendments
thereto, relating to motor vehicle liability insurance coverage;
or
(9) a violation of K.S.A. 21-3405b, prior
to its repeal.
(c) There shall be no expungement of
convictions for the following
offenses or of convictions for an attempt to commit any of the
following
offenses: (1) Rape as defined in subsection (a)(2) of K.S.A.
21-3502 and
amendments thereto; (2) indecent liberties with a child as defined
in
K.S.A. 21-3503 and amendments thereto; (3) aggravated indecent
liber-
ties with a child as defined in K.S.A. 21-3504 and amendments
thereto;
(4) criminal sodomy as defined in subsection (a)(2) or (a)(3) of
K.S.A. 21-
3505 and amendments thereto; (5) aggravated criminal sodomy as
defined
in K.S.A. 21-3506 and amendments thereto; (6) indecent solicitation
of a
child as defined in K.S.A. 21-3510 and amendments thereto; (7)
aggra-
vated indecent solicitation of a child as defined in K.S.A. 21-3511
and
amendments thereto; (8) sexual exploitation of a child as defined
in K.S.A.
21-3516 and amendments thereto; (9) aggravated incest as defined
in
K.S.A. 21-3603 and amendments thereto; (10) endangering a child
as
defined in K.S.A. 21-3608 and amendments thereto; (11) abuse of a
child
as defined in K.S.A. 21-3609 and amendments thereto; (12) capital
mur-
der as defined in K.S.A. 21-3439 and amendments thereto; (13)
murder
in the first degree as defined in K.S.A. 21-3401 and amendments
thereto;
(14) murder in the second degree as defined in K.S.A. 21-3402
and
amendments thereto; (15) voluntary manslaughter as defined in
K.S.A.
21-3403 and amendments thereto; (16) involuntary manslaughter as
de-
fined in K.S.A. 21-3404 and amendments thereto; (17) involuntary
man-
slaughter while driving under the influence of alcohol or drugs as
defined
in K.S.A. 2000 Supp. 21-3442 and amendments thereto; or (18)
any con-
viction for any offense in effect at any time prior to the
effective date of
this act, that is comparable to any offense as provided in this
subsection.
(d) When a petition for expungement is
filed, the court shall set a
date for a hearing of such petition and shall cause notice of such
hearing
to be given to the prosecuting attorney and the arresting law
enforcement
agency. The petition shall state: (1) The defendant's full
name;
(2) the full name of the defendant at the
time of arrest, conviction or
diversion, if different than the defendant's current name;
(3) the defendant's sex, race and date of
birth;
(4) the crime for which the defendant was
arrested, convicted or di-
verted;
(5) the date of the defendant's arrest,
conviction or diversion; and
(6) the identity of the convicting court,
arresting law enforcement
authority or diverting authority. There shall be no docket fee for
filing a
petition pursuant to this section. All petitions for expungement
shall be
docketed in the original criminal action. Any person who may have
rel-
evant information about the petitioner may testify at the hearing.
The
court may inquire into the background of the petitioner and shall
have
access to any reports or records relating to the petitioner that
are on file
with the secretary of corrections or the Kansas parole board.
(e) At the hearing on the petition, the
court shall order the peti-
tioner's arrest record, conviction or diversion expunged if the
court finds
that:
(1) The petitioner has not been convicted
of a felony in the past two
years and no proceeding involving any such crime is presently
pending
or being instituted against the petitioner;
(2) the circumstances and behavior of the
petitioner warrant the
expungement; and
(3) the expungement is consistent with
the public welfare.
(f) When the court has ordered an arrest
record, conviction or diver-
sion expunged, the order of expungement shall state the information
re-
quired to be contained in the petition. The clerk of the court
shall send
a certified copy of the order of expungement to the Kansas bureau
of
investigation which shall notify the federal bureau of
investigation, the
secretary of corrections and any other criminal justice agency
which may
have a record of the arrest, conviction or diversion. After the
order of
expungement is entered, the petitioner shall be treated as not
having been
arrested, convicted or diverted of the crime, except that:
(1) Upon conviction for any subsequent
crime, the conviction that
was expunged may be considered as a prior conviction in determining
the
sentence to be imposed;
(2) the petitioner shall disclose that
the arrest, conviction or diversion
occurred if asked about previous arrests, convictions or
diversions:
(A) In any application for employment as
a detective with a private
detective agency, as defined by K.S.A. 75-7b01 and amendments
thereto;
as security personnel with a private patrol operator, as defined by
K.S.A.
75-7b01 and amendments thereto; or with an institution, as defined
in
K.S.A. 76-12a01 and amendments thereto, of the department of
social
and rehabilitation services;
(B) in any application for admission, or
for an order of reinstatement,
to the practice of law in this state;
(C) to aid in determining the
petitioner's qualifications for employ-
ment with the Kansas lottery or for work in sensitive areas within
the
Kansas lottery as deemed appropriate by the executive director of
the
Kansas lottery;
(D) to aid in determining the
petitioner's qualifications for executive
director of the Kansas racing commission, for employment with the
com-
mission or for work in sensitive areas in parimutuel racing as
deemed
appropriate by the executive director of the commission, or to aid
in
determining qualifications for licensure or renewal of licensure by
the
commission;
(E) upon application for a commercial
driver's license under K.S.A.
8-2,125 through 8-2,142, and amendments thereto;
(F) to aid in determining the
petitioner's qualifications to be an em-
ployee of the state gaming agency;
(G) to aid in determining the
petitioner's qualifications to be an em-
ployee of a tribal gaming commission or to hold a license issued
pursuant
to a tribal-state gaming compact; or
(H) in any application for registration
as a broker-dealer, agent, in-
vestment adviser or investment adviser representative all as
defined in
K.S.A. 17-1252 and amendments thereto; or
(I) in any application for a
commercial guide permit or associate
guide permit under K.S.A. 32-964, and amendments
thereto;
(3) the court, in the order of
expungement, may specify other cir-
cumstances under which the conviction is to be disclosed;
(4) the conviction may be disclosed in a
subsequent prosecution for
an offense which requires as an element of such offense a prior
conviction
of the type expunged; and
(5) upon commitment to the custody of the
secretary of corrections,
any previously expunged record in the possession of the secretary
of cor-
rections may be reinstated and the expungement disregarded, and
the
record continued for the purpose of the new commitment.
(g) Whenever a person is convicted of a
crime, pleads guilty and pays
a fine for a crime, is placed on parole, postrelease supervision or
proba-
tion, is assigned to a community correctional services program, is
granted
a suspended sentence or is released on conditional release, the
person
shall be informed of the ability to expunge the arrest records or
convic-
tion. Whenever a person enters into a diversion agreement, the
person
shall be informed of the ability to expunge the diversion.
(h) Subject to the disclosures required
pursuant to subsection (f), in
any application for employment, license or other civil right or
privilege,
or any appearance as a witness, a person whose arrest records,
conviction
or diversion of a crime has been expunged under this statute may
state
that such person has never been arrested, convicted or diverted of
such
crime, but the expungement of a felony conviction does not relieve
an
individual of complying with any state or federal law relating to
the use
or possession of firearms by persons convicted of a felony.
(i) Whenever the record of any arrest,
conviction or diversion has
been expunged under the provisions of this section or under the
provi-
sions of any other existing or former statute, the custodian of the
records
of arrest, conviction, diversion and incarceration relating to that
crime
shall not disclose the existence of such records, except when
requested
by:
(1) The person whose record was
expunged;
(2) a private detective agency or a
private patrol operator, and the
request is accompanied by a statement that the request is being
made in
conjunction with an application for employment with such agency or
op-
erator by the person whose record has been expunged;
(3) a court, upon a showing of a
subsequent conviction of the person
whose record has been expunged;
(4) the secretary of social and
rehabilitation services, or a designee of
the secretary, for the purpose of obtaining information relating to
em-
ployment in an institution, as defined in K.S.A. 76-12a01 and
amend-
ments thereto, of the department of social and rehabilitation
services of
any person whose record has been expunged;
(5) a person entitled to such information
pursuant to the terms of the
expungement order;
(6) a prosecuting attorney, and such
request is accompanied by a
statement that the request is being made in conjunction with a
prosecu-
tion of an offense that requires a prior conviction as one of the
elements
of such offense;
(7) the supreme court, the clerk or
disciplinary administrator thereof,
the state board for admission of attorneys or the state board for
discipline
of attorneys, and the request is accompanied by a statement that
the
request is being made in conjunction with an application for
admission,
or for an order of reinstatement, to the practice of law in this
state by the
person whose record has been expunged;
(8) the Kansas lottery, and the request
is accompanied by a statement
that the request is being made to aid in determining qualifications
for
employment with the Kansas lottery or for work in sensitive areas
within
the Kansas lottery as deemed appropriate by the executive director
of the
Kansas lottery;
(9) the governor or the Kansas racing
commission, or a designee of
the commission, and the request is accompanied by a statement that
the
request is being made to aid in determining qualifications for
executive
director of the commission, for employment with the commission,
for
work in sensitive areas in parimutuel racing as deemed appropriate
by
the executive director of the commission or for licensure, renewal
of
licensure or continued licensure by the commission;
(10) the Kansas sentencing
commission;
(11) the state gaming agency, and the
request is accompanied by a
statement that the request is being made to aid in determining
qualifi-
cations: (A) To be an employee of the state gaming agency; or (B)
to be
an employee of a tribal gaming commission or to hold a license
issued
pursuant to a tribal-gaming compact; or
(12) the Kansas securities commissioner
or a designee of the com-
missioner, and the request is accompanied by a statement that the
request
is being made in conjunction with an application for registration
as a
broker-dealer, agent, investment adviser or investment adviser
represen-
tative by such agency and the application was submitted by the
person
whose record has been expunged; or
(13) the department of wildlife and
parks and the request is accom-
panied by a statement that the request is being made to aid in
determining
qualifications for a permit as a commercial guide or associate
guide under
K.S.A. 32-964, and amendments thereto.
Sec. 2. K.S.A. 32-964 is hereby
amended to read as follows: 32-964.
(a) As used in this section:
(1) ``Commercial guide services'' means
providing, offering to pro-
vide, arranging for or assisting with hunting or fishing activities
for others
on a commercial basis, including but not limited to providing any
one or
more of the following when used in conjunction with or for hunting
or
fishing activities: Pack or riding livestock, transportation other
than by
commercial carrier, equipment or facilities.
(2) ``Provisional guide'' means a
person who, during the calendar year,
performs commercial guide services for five or fewer days
and receives
$500 or less for such services, as determined in accordance
with rules and
regulations of the secretary. ``Commercial
basis'' means that the recipient
of the services agrees to provide valuable consideration as
compensation
for the guide services, and the services are provided as part of
a business
relationship. Evidence of a business relationship includes,
without limi-
tation, advertisement of the guide services, written agreement
of the terms
of payment or services provided by an employee of a commercial
guide.
Providing guide services on land not owned or leased by the
individual
providing the services shall not by itself constitute evidence
that the serv-
ices are provided on a commercial basis.
(3) Terms defined in K.S.A. 32-701 and
amendments thereto have
the meanings provided by that section.
(b) A valid commercial guide permit or
associate guide permit is re-
quired to provide commercial guide services in this state.
(c) The provisions of subsection (b) do
not apply to a person who:
(1) Possesses a controlled shooting area
license and commercial guide
services performed by the person are confined to the licensed
controlled
shooting area;
(2) owns private land and commercial
guide services performed by
the person are confined to lands owned by the individual;
(3) is a tenant, as defined by K.S.A.
32-937 and amendments thereto,
and commercial guide services performed by the person are confined
to
farm or ranch land with respect to which the person is such a
tenant; or
(4) is a provisional guide
registered with the secretary;
(5) (4) provides
commercial guide services only in cooperation with
a department-approved activity; or
(6) does not receive monetary
compensation for providing commer-
cial guide services an educational or
not-for-profit event approved by the
secretary.
(d) Any person who desires to provide
commercial guide services
shall apply to the secretary for a commercial guide permit. The
application
shall give the name and address of the applicant, the type of
commercial
guide services to be provided, the area of the state where guide
services
would occur, a listing of facilities proposed for use, a listing of
equipment
to be available to the commercial guide service customers,
including pack
or riding livestock, and such other information as required by the
secre-
tary. The fee prescribed pursuant to K.S.A. 32-988 and
amendments
thereto shall accompany the application.
(e) The secretary may issue a commercial
guide permit if the secre-
tary determines that:
(1) The applicant possesses adequate
knowledge of wildlife and parks
laws of this state and rules and regulations of the secretary;
(2) the applicant possesses adequate
knowledge of hunting or fishing
skills; and
(3) the applicant is 16 or more years
of age; and
(4) the application is complete
and accurate.
The secretary may require an applicant to
successfully complete a writ-
ten or oral examination before issuing a commercial guide permit
and
may establish an annual date by which applications must be
submitted.
(f) A commercial guide permittee shall
make such reports of permit-
ted activities to the secretary as required by rule and regulation
adopted
by the secretary in accordance with K.S.A. 32-805 and
amendments
thereto.
(g) A commercial guide permittee may
employ one or more associate
guides to conduct services authorized by the commercial guide
permit
while the associate guide is in the employment of the commercial
guide
permittee. An A commercial guide permit or
associate guide permit is
required for any individual so employed by a commercial guide
permittee.
(h) Any individual who desires to obtain
an associate guide permit
shall apply to the secretary. The application shall give the name
and ad-
dress of the applicant; the name, address and commercial guide
permit
number of the commercial guide by whom the applicant would be
em-
ployed; the notarized signature of such commercial guide permittee;
and
such other information as required by the secretary. The fee
prescribed
pursuant to K.S.A. 32-988 and amendments thereto shall accompany
the
application.
(i) The secretary may issue an associate
guide permit if the secretary
determines that:
(1) The applicant possesses adequate
knowledge of wildlife and parks
laws of this state and rules and regulations of the secretary;
(2) the applicant possesses adequate
knowledge of hunting or fishing
skills; and
(3) the application is complete and
accurate.
The secretary may require an applicant to
successfully complete a writ-
ten or oral examination prior to issuance of an associate guide
permit and
may establish an annual date by which applications must be
submitted.
(j) Commercial guide permits and
associate guide permits expire on
December 31 of each year.
(k) A commercial guide
permittee, or associate guide permittee
or
provisional guide may assist with the legal taking
of wildlife while provid-
ing commercial guide services but shall not perform the actual
taking or
shooting of wildlife for the guided person.
(l) Unless exempt pursuant to K.S.A.
32-919 and amendments
thereto, a commercial guide permittee, or
associate guide permittee or
provisional guide shall be required to possess a
valid hunting license is-
sued to such permittee or guide in order to
conduct hunting activities.
Unless exempt pursuant to K.S.A. 32-911 and amendments thereto,
a
commercial guide permittee, or associate
guide permittee or provisional
guide shall be required to possess a valid fishing
license issued to such
permittee or guide in order to conduct fishing
activities. A commercial
guide permittee, or associate guide
permittee or provisional guide shall
be required to possess any stamp as required by law to engage in
the
activity.
(m) It shall be unlawful to perform
commercial guide services without
having in possession the written permission of the owner or the
person in
lawful possession of the land where the commercial guide
services are
performed.
(n) The secretary shall adopt, in
accordance with K.S.A. 32-805 and
amendments thereto, such rules and regulations as necessary to
admin-
ister and govern commercial guide services and provisional
guides, in-
cluding such restrictions and conditions as required for wildlife
resource
protection and to protect the public interest and public
safety.
(n) (o) In
addition to any other penalty prescribed by law, failure
to
provide required reports, conviction of a felony within the
previous five
years or failure to comply with the wildlife and parks laws
of this state or
rules and regulations of the secretary shall be grounds for
the secretary
to the secretary, in accordance with the Kansas
administrative procedure
act, may refuse to issue, refuse to renew, suspend or revoke
a commercial
guide permit or an associate guide permit. Any such
refusal, suspension
or revocation shall be in accordance with the Kansas
administrative pro-
cedure act if the secretary finds that the
applicant has:
(1) Failed to comply with the wildlife
and parks laws of this state or
rules and regulations of the secretary;
(2) been convicted of a violation of
the fish, wildlife, boating or parks
laws of another jurisdiction;
(3) been convicted of a felony
involving the use of violence or the use
of weapons;
(4) been convicted of any other felony
within the previous five years;
or
(5) failed to provide required
reports.
(p) The secretary upon request shall
receive from the Kansas bureau
of investigation such criminal history record information
relating to ar-
rests and criminal convictions as necessary for the purpose of
determining
initial and continuing qualifications of applicants for
commercial guide
permits and associate guide permits.
(o) (q) The
secretary may prepare a general publication listing com-
mercial guide permittees and services offered by the permittees for
the
purpose of assisting the public in securing the services of a
commercial
guide. No commercial guide permittee shall be included in such
publi-
cation without the written consent of the permittee.
Sec. 3. K.S.A. 32-1054 is hereby
amended to read as follows: 32-
1054. It shall be the duty of every judge or clerk of the court
before whom
any prosecution for a violation of the wildlife and parks laws of
this state
or rules and regulations of the secretary is commenced or goes on
appeal,
within 20 days after the trial or dismissal
disposition thereof, to report in
writing to the department the result thereof and the amount of fine
col-
lected, if any.
New Sec. 4. As used in this
act:
(a) ``Generally accepted operation
practice'' means those safety prac-
tices adopted, pursuant to rules and regulations, by the Kansas
depart-
ment of wildlife and parks and established by a nationally
recognized
nonprofit membership organization that provides voluntary
firearms
safety programs which include training individuals in the safe
handling
and use of firearms and which practices are developed with
consideration
of all information reasonably available regarding the operation of
shooting
ranges.
(b) ``Local unit of government'' means a
county, city, township or any
other political subdivision of the state, or any agency, authority,
institution
or instrumentality thereof.
(c) ``Person'' means an individual,
proprietorship, partnership, cor-
poration, club, governmental entity or other legal entity.
(d) ``Sport shooting range'' or ``range''
means an area designed and
operated for the use of archery, rifles, shotguns, pistols,
semiautomatic
firearms, skeet, trap, black powder or any other similar sport
shooting.
New Sec. 5. (a) Notwithstanding any
other provisions of law, and in
addition to other protections provided in this act, a person who
owns,
operates, manages or uses a sport shooting range that conforms to
gen-
erally accepted operation practices in the state is not subject to
civil lia-
bility or criminal prosecution in any matter relating to noise or
noise
pollution resulting from the operation or use of the range if the
range is
in compliance with any noise control laws or ordinances or
resolutions
that applied to the range and its operation at the time of
construction and
initial operation of the range.
(b) In addition to any civil protection
provided by the act, a person
who owns, operates, manages or uses a sport shooting range that
conforms
to generally accepted operation practices is not subject to an
action for
nuisance, and a court of the state shall not enjoin or restrain the
use or
operation of a range on the basis of noise or noise pollution, if
the range
is in compliance with any noise control laws or ordinances or
resolutions
that applied to the range and its operation at the time of
construction or
initial operation of the range.
(c) Rules or regulations adopted by any
state department or agency
for limiting levels of noise in terms of decibel level which may
occur in
the outdoor atmosphere do not apply to a sport shooting range
immune
from liability under this act. However, this subsection does not
constrict
the application of any provision of generally accepted operation
practices.
(d) A person who acquires title to real
property adversely affected by
the use of property with a permanently located and improved sport
shoot-
ing range constructed and initially operated prior to the time the
person
acquires title shall not maintain a nuisance action on the basis of
noise or
noise pollution or based upon known or inherent dangers against
the
person who owns, operates or uses the range to restrain, enjoin, or
impede
the use of the range. This section does not prohibit actions for
negligence
or recklessness in the operation of the range.
New Sec. 6. (a) A sport shooting
range that is operated and is not in
violation of state law at the time of the enactment of an ordinance
or
resolution shall be permitted to continue in operation even if the
oper-
ation of the sport shooting range at a later date does not conform
to the
new ordinance or resolution or amendment to an existing ordinance
or
resolution.
(b) A sport shooting range that is in
existence as of the effective date
of this act and operates in compliance with generally accepted
operation
practices, even if not in compliance with an ordinance or
resolution of a
local unit of government, shall be permitted to do all of the
following
within its preexisting geographic boundaries if in compliance with
gen-
erally accepted operation practices:
(1) Repair, remodel or reinforce any
improvement or facilities or
building or structure as may be necessary in the interest of public
safety
or to secure the continued use of the building or improvement;
(2) reconstruct, repair, rebuild or
resume the use of a facility or build-
ing damaged by fire, collapse, explosion, act of God or act of war
occurring
after the effective date of this act. The reconstruction, repair or
restora-
tion shall be completed within one year following the date of the
damage
or settlement of any property damage claim. If reconstruction,
repair or
restoration is not completed within one year as provided in this
subsec-
tion, such reconstruction, repair or restoration may be terminated
in the
discretion of the local unit of government; or
(3) do anything authorized under
generally accepted operation prac-
tices, including, but not limited to:
(A) Expand or enhance its membership or
opportunities for public
participation; and
(B) reasonably expand or increase
facilities or activities.
New Sec. 7. (a) Except as otherwise
provided, the provisions of this
act shall not prohibit a local unit of government from regulating
the lo-
cation and construction of a sport shooting range.
(b) No person or governmental entity may
take title to property which
has a permanently located and improved sport shooting range, by
con-
demnation, eminent domain or similar process when the proposed use
of
said property would be for shooting related activities or
recreational ac-
tivities or for private or commercial development. However, this
provision
does not limit governmental exercise of eminent domain or
easement
necessary for infrastructure additions or improvements, such as
highways,
waterways or utilities.
New Sec. 8. The secretary of the
Kansas department of wildlife and
parks is hereby authorized to adopt rules and regulations necessary
to
implement the provisions of this act. Rules and regulations
establishing
generally accepted operation practices shall be adopted and be in
effect
on or before January 1, 2002.
Sec. 9. K.S.A. 32-964 and 32-1054, K.S.A. 2000
Supp. 21-4619,
K.S.A. 32-964, as amended by section 2 of 2001 House Bill No.
2098,
K.S.A. 32-1054, as amended by section 3 of 2001 House Bill No.
2098,
and K.S.A. 2000 Supp. 21-4619, as amended by section 1 of 2001
House
Bill No. 2098, are hereby repealed.
Sec. 10. This act shall take effect and be in
force from and after its
publication in the statute book.
Approved May 21, 2001.
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