Brief (1)
SB 568 would permit an increase in the total number of nonresident antlered deer firearm permits issued to not more than 10 percent of the total number of resident deer firearm permits authorized for a season in a management unit. The bill would increase the number of nonresident deer archery permits to 15 percent of the total number of resident deer archery permits authorized for a season in a management unit. (Current law allows up to 5 percent and does not distinguish between antlered and antlerless deer.) The bill would eliminate the cap on the percent of total nonresident antlerless deer firearm or archery permits which could be issued and allow the Secretary of the Department of Wildlife and Parks (KDWP) to issue an unlimited number of nonresident antlerless deer permits in those management units where there are an unlimited number of antlerless deer permits available for residents.
The bill would allow the Secretary to issue nonresident deer permits to landowners and tenants applying for them. No more than 50 percent of the total number of nonresident permits issued would be available to landowners and tenants. The nonresidents permits obtained by landowners and tenants could be transferred, with or without consideration, to any resident or nonresident through the Secretary at the request of the landowner or tenant. These permits would be issued at the established fee for a nonresident deer permit. These provisions would expire on June 30, 2004. Another provision of the bill would amend current law to clarify that members of the immediate family who are domiciled with a landowner or tenant could only be eligible to obtain a resident landowner or tenant big game permit.
In addition, the bill would require the Secretary of KDWP to establish a toll-free telephone number for landowners and tenants to report property damage caused by big game, request information regarding big game control permits, and obtain information regarding any other programs that assist in the reduction of high local big game populations. This provision would expire on June 30, 2004.
Further, the bill would require the Secretary of KDWP to publish quarterly in newspapers having general circulation in areas experiencing high deer populations information regarding big game control permits and programs that assist in reduction of high local deer populations. Also to be provided would be information regarding big game control permits and programs that assist in reduction of high local deer populations. This provision also would expire on June 30, 2004.
In addition, the bill would require the Secretary of KDWP and the Secretary of Transportation to cooperate in developing a management plan to address reduction of motor vehicle accidents involving deer in those areas experiencing high numbers of accidents. The plan would be completed by January 1, 2001 and submitted to the Senate Committee on Energy and Natural Resources, the House Committee on Environment, and the Governor on or before February 1, 2001.
The bill also would impose additional penalties for convictions of statutes (K.S.A. 32-1002, K.S.A. 32-1003, or K.S.A. 32-1013) that involve the illegal taking of big game and for commercialization of big game (K.S.A. 32-1005). Upon first conviction of one of these statutes, the forfeiture of the person's hunting privileges for one year from the date of conviction and revocation of the person's hunting license. If the person has a lifetime hunting license, then the person's license would be suspended for one year from the date of conviction. Upon a second conviction, the bill would require forfeiture of a person's hunting privileges for three years from the date of conviction. If the person has a lifetime hunting license, then the person's license would be suspended for three years from the date of conviction. Upon a third or subsequent conviction, the bill would require forfeiture of a person's hunting privileges for five years from the date of conviction. If the person has a lifetime hunting license, then the person's license would be suspended for five years from the date of conviction.
If the person convicted has a combination hunting and fishing license or a combination lifetime license, then only the hunting portion would be revoked according to the other provisions of the bill. Finally, the bill would provide that nothing in the bill would prevent a convicting court from suspending a person's hunting privileges or ordering the forfeiture or suspension of a person's license, permit, stamp, or other issue of the Department of Wildlife and Parks for a period longer than that provided by the bill, if that suspension or forfeiture is otherwise provided by law.
The effective date of the bill would be upon publication in the Kansas Register.
Background
At the hearing on the original bill, Senator Umbarger appeared in support of the bill and stated that the increase in the percentage of the number of nonresident deer permits would provide added economic and tourism benefits; increase the opportunity for landowners to work with guides and nonresidents to profit from allowing deer hunting on their property; increase the number of hunters; and retain the ability to focus deer permits in specific units. Other conferees appearing in support of the bill included representatives of the Kansas Farm Bureau and the Kansas Livestock Association. Another conferee from a hunting lodge appeared in support of the bill.
The Secretary of KDWP appeared in support of the bill and offered a number of additional amendments. The Secretary stated that increasing the number of nonresident deer hunters in Kansas is consistent with KDWP's objective of reducing the number of antlerless white-tailed deer.
The Senate Committee on Energy and Natural Resources amended the bill to authorize permits for nonresidents at not more than 10 percent of the number of resident permits for antlered deer; remove the cap on antlerless-only permits for nonresidents; require publication in newspapers of information about big game control permits and programs in areas experiencing high deer populations; establish a toll-fee telephone number for landowners and tenants to report property damage caused by deer; and require the Secretaries of KDWP and Transportation to complete a management plan to address the reduction of motor vehicle accidents involving deer in those areas of the state experiencing high accident numbers.
The Senate Committee of the Whole deleted provisions of the bill establishing the Walk-In-Hunting Area Fund as well as provisions relating to expenditures from the fund. The Senate Committee of the Whole also amended the bill to require the Secretary of KDWP to issue special hunt-on-your-own-land permits, in addition to the current hunt-on-your-own-land permits. Those new special permits could be assigned, by endorsement, with or without consideration.
The House Committee on Environment amended the bill to:
The fiscal note on the original bill noted that both state revenues and state expenditures to KDWP would increase. KDWP estimates that the bill would increase revenues to the Wildlife Fee Fund by $921,010 in FY 2001. In addition, KDWP estimates that expenditures would increase by $9,473 from the Wildlife Fee Fund. These expenditures would cover the administrative cost of issuing 7,578 permits and game tags at a cost of $1.25 each. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html