CHAPTER 96 SENATE BILL No. 504 An Act concerning natural resources; creating the Kansas natural resource legacy alliance;
concerning wildlife and parks; amending K.S.A. 32-920, 32-932, 32-933, and 32-937 and
K.S.A. 2001 Supp. 32-1001 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:

Section 1. On and after July 1, 2002, K.S.A. 32-920 is hereby
amended to read as follows: 32-920. (a) Except as provided by subsection
(b), no person born on or after July 1, 1957, shall hunt in this state on
land other than such person's own land unless the person has been issued
a certificate of completion of an approved hunter education course. If
such person is required by law to obtain a hunting license, the person
shall attest to or exhibit proof of completion of such course to the person
issuing the license at the time of purchasing the license. If such person
is not required by law to obtain a hunting license or is less than 27 years
of age, the person shall be in possession of the person's certificate of
completion of such course while hunting. A person may purchase for
another person, under rules and regulations adopted by the secretary in
accordance with K.S.A. 32-805 and amendments thereto, a lifetime hunt-
ing or combination hunting and fishing license without the license recip-
ient's first having been issued a certificate of completion of an approved
hunter education course.

(b) Prior to July 1, ~~2002~~ 2005, completion of an approved hunter
education course shall not be required to obtain a special controlled
shooting area hunting license valid only for licensed controlled shooting
areas.

Sec. 2. On and after July 1, 2002, K.S.A. 32-932 is hereby amended
to read as follows: 32-932. (a) Any person having a permanent disability
to the extent that such person cannot physically use a conventional long
bow or compound bow, as certified by a person licensed to practice ~~med-~~
~~icine and surgery in this state~~ the healing arts in any state, shall be au-
thorized to hunt and take deer, antelope, elk or wild turkey with a cross-
bow.

(b) The secretary of wildlife and parks shall adopt, in accordance with
K.S.A. 32-805, and amendments thereto, rules and regulations requiring
permits to hunt deer, antelope, elk or wild turkey pursuant to subsection
(a) and providing for the approval of applicants for such permits and the
issuance thereof. In addition, the secretary may adopt rules and regula-
tions limiting the times and areas for hunting and taking deer, antelope,
elk and wild turkey and limiting the number of deer, antelope, elk and
wild turkey which may be taken pursuant to subsection (a).

(c) Falsely obtaining or using a permit authorized by this section is a
class C misdemeanor.

Sec. 3. On and after July 1, 2002, K.S.A. 32-933 is hereby amended
to read as follows: 32-933. (a) Any person having a permanent physical
or visual disability such that the person cannot safely hunt or fish in ac-
cordance with law and rules and regulations of the department, as certi-
fied by a person licensed to practice ~~optometry or medicine and surgery~~
~~in this state~~ the healing arts in any state or a person licensed to practice
optometry in any state, shall be eligible to obtain a disability assistance
permit. The permit shall allow the permitholder to designate another
person to take, on behalf of and while accompanied by the permitholder,
the permitholder's legal limit of game or fish. The person designated shall
hold all licenses, permits, stamps or other issues of the department re-
quired for the activity being engaged in and the permitholder shall remain
subject to all other laws and rules and regulations of the department for
the activity being engaged in. On the determination of the secretary, the
disability assistance permit may designate the hunting or fishing activity
for which assistance to the permitholder may be provided.

(b) The secretary shall adopt, in accordance with K.S.A. 32-805, and
amendments thereto, rules and regulations providing for the approval of
applicants for permits pursuant to subsection (a) and for the issuance of
such permits.

(c) Falsely obtaining or using a permit authorized by this section is a
class C misdemeanor.

Sec. 4. K.S.A. 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 landowner
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 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 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 resident permits that may be used to
take only antlerless deer, the secretary, in the secretary's discretion and
in accordance with rules and regulations, may authorize the issuance 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 ob-
tained by a landowner or tenant shall retain the permit's original desig-
nation, except that such permit shall be transferable, with or without
consideration, to any resident or nonresident through the secretary at the
request of the landowner or tenant. A landowner or tenant purchasing a
nonresident deer permit pursuant to this subsection shall pay the estab-
lished fee for a nonresident deer permit.

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

(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
under 14 years of age may be issued a wild turkey permit, and a person
who is 12 years or 13 years of age may be issued a permit for a big game
species other than wild turkey. Such permits shall be valid only while the
person is hunting under the immediate supervision of an adult 21 years
of age or older, to: (1) Take big game using a firearm; or (2) take big
game using a bow, if the person submits to the secretary evidence satis-
factory to the secretary of completion of a bow hunting safety education
course.

(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 conclusion of
the open season, each permittee receiving such card shall return the card
to the department, giving such information as is called for on the card.

(r) The permittee shall permanently affix the game tag to the carcass
of any big game immediately after killing and thereafter, if required 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.

(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. 5. On and after July 1, 2002, K.S.A. 2001 Supp. 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: (1) The proper daily permit or permits
and payment, within 24 hours, of a late payment fee of $15; or (2) an
annual vehicle or camping permit, as the case may be, if such permit has
been established by rule and regulation and adopted by the secretary.
The provisions of this subsection (b)(2) shall expire on December 31,
~~2002~~ 2003.

(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.

New Sec. 6. (a) There is hereby created the Kansas natural resource
legacy alliance.

(b) The alliance shall consist of the following appointed members all
of whom shall be residents of the state of Kansas:

(1) The president of the senate or the president of the senate's des-
ignee, and two additional members appointed by the president of the
senate, two of whom shall be landowners who own at least 160 acres of
Kansas farm or ranch land and are principally engaged in production
agriculture;

(2) the minority leader of the senate or the minority leader of the
senate's designee and one additional member appointed by the minority
leader of the senate who shall be a landowner who owns at least 160 acres
and is principally engaged in production agriculture;

(3) the chairman of the senate committee on natural resources or the
chairman of the senate committee on natural resources' designee pro-
vided that such designee is a member of the legislature of the state of
Kansas;

(4) the speaker of the house of representatives or the speaker of the
house of representative's designee, and two additional members ap-
pointed by the speaker of the house of representatives, two of whom shall
be landowners who own at least 160 acres of Kansas farm or ranch land
and are principally engaged in production agriculture;

(5) the minority leader of the house of representatives or the minority
leader of the house of representative's designee and one additional mem-
ber appointed by the minority leader of the house of representatives who
shall be a landowner who owns at least 160 acres and is principally en-
gaged in production agriculture;

(6) the chairman of the house committee on environment or the
chairman of the house committee on environment's designee provided
that such designee is a member of the legislature of the state of Kansas;
and

(7) three members appointed by the governor, at least two of which
shall be landowners who own at least 160 acres of Kansas farm or ranch
land and are principally engaged in production agriculture.

(c) The following shall be nonvoting advisors to the members of the
alliance:

(1) The secretary of wildlife and parks or the secretary's designee;

(2) the secretary of agriculture or the secretary's designee;

(3) the executive director of the state conservation commission or the
executive director's designee;

(4) the secretary of health and environment or the secretary's desig-
nee;

(5) the director of the Kansas water office or the director's designee;

(6) the state forester or the state forester's designee;

(7) the secretary of commerce and housing or the secretary of com-
merce and housing's designee;

(8) the president of the Kansas farm bureau or the president's des-
ignee; and

(9) the president of the Kansas livestock association or the president's
designee.

(d) Officers making appointments pursuant to subsection (b) shall
consult and coordinate among themselves in making the appointments in
order to achieve a membership that represents a balance of knowledge
and experience among interests in natural resources, environmental in-
terests and related economic interests, including parks and recreation,
soil and water conservation, travel and tourism, economic development,
agriculture, outdoor recreation, landowners and homeowners, fish and
wildlife, forest resources, prairie and grassland resources and municipal-
ities. At least two such members shall represent environmental interests.
In making the appointments, the officers shall solicit and allow an op-
portunity for recommendations by interested groups and individual citi-
zens.

New Sec. 7. (a) The alliance shall develop a vision for utilizing the
state's natural resources to assure economic development, a healthy en-
vironment, proper protection of natural resources, opportunities for nat-
ural resource and environmental education and quality of life for Kansas
families and individual citizens. In developing the vision, the alliance shall:

(1) Conduct public hearings across the state to seek citizen input and
provide information to the public;

(2) seek input from state and local governmental agencies;

(3) examine the state's current natural resource programs;

(4) consider the impact of the state's natural resources and programs
on economic development and the environment;

(5) examine the state's current and future resource needs, recogniz-
ing the basic American freedom of private ownership of land and the
landowner's right to private property protection pursuant to K.S.A. 77-
701 et seq., and amendments thereto;

(6) expand voluntary public or private partnerships that support and
implement the vision; and

(7) develop goals and establish priorities for attaining the vision, in-
cluding, but not limited to, goals and priorities for outdoor recreation,
tourism, economic development, natural resource and environmental ed-
ucation, quality of life, water quality, water supplies, fish and wildlife
resources, prairie and grassland resources, forest resources, parks and
lakes, wetlands and riparian areas, soil and water conservation and air
quality.

(b) The alliance shall submit a preliminary report of its activities and
recommendations to the governor and the legislature on or before May
1, 2003, and shall submit a final report and recommendations to the gov-
ernor and legislature on or before December 1, 2003.

New Sec. 8. (a) The alliance shall meet at least once each calendar
quarter. The first meeting shall be called by the governor, at which time
the alliance shall elect a chairperson and vice-chairperson. Thereafter,
the alliance shall meet on call of the chairperson or on written request of
a majority of the members. The alliance may hold its meetings at such
times and at such places within the state as the members determine ap-
propriate.

(b) The alliance shall be attached to the state conservation commis-
sion as a part thereof. All budgeting, purchasing and related management
functions of the alliance shall be administered by the executive director
of the state conservation commission. The executive director of the state
conservation commission shall provide office and meeting space and such
clerical and other staff assistance as may be necessary to assist the alliance
in carrying out its powers, duties and functions under this act.

(c) Members of the alliance specified in subsection (b) of section 6,
and amendments thereto, shall receive compensation, subsistence allow-
ances, mileage and other expenses as provided in K.S.A. 75-3223, and
amendments thereto.

Sec. 9. K.S.A. 32-937 is hereby repealed.

Sec. 10. On and after July 1, 2002, K.S.A. 32-920, 32-932 and 32-
933 and K.S.A. 2001 Supp. 32-1001 are hereby repealed.

Sec. 11. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved April 24, 2002.
Published in the Kansas Register May 2, 2002.
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