Session of 2000
SENATE BILL No. 597
By Senator Stephens
2-9
9 AN ACT
relating to deer; concerning nonresident permits; providing for
10 use of certain moneys
to pay for certain damages; amending K.S.A.
11 1999 Supp. 32-937 and
repealing the existing section.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 New Section
1. (a) There is hereby created in the state treasury the
15 deer damage reimbursement fund.
16 (b) On or before
the 15th day of each month, the secretary of wildlife
17 and parks shall certify to the director of
accounts and reports the amount
18 equal to 50% of all moneys received by the
department of wildlife and
19 parks during the preceding calendar month
from fees for nonresident
20 deer permits. Upon receipt of the
certification, the director of accounts
21 and report shall transfer such amount from
the wildlife fee fund to the
22 deer damage reimbursement fund.
23 (c) Moneys in the
deer damage reimbursement fund shall be ex-
24 pended only to pay claims for agricultural
damage caused by deer which
25 have been submitted to the joint committee
on special claims against the
26 state in accordance with law and payment of
which has been approved
27 by legislative enactment.
28 (d) On or before
the 10th day of each month, the director of accounts
29 and reports shall transfer from the state
general fund to the deer damage
30 reimbursement fund interest earnings based
on:
31 (1) The average
daily balance of moneys in the deer damage reim-
32 bursement fund for the preceding month;
and
33 (2) the net
earnings rate for the pooled money investment portfolio
34 for the preceding month.
35 (e) All
expenditures from the deer damage reimbursement fund shall
36 be made in accordance with appropriation
acts upon warrants of the di-
37 rector of accounts and reports issued
pursuant to vouchers approved by
38 the secretary of wildlife and parks for the
purposes set forth in this
39 section.
40 (f) As used in
this section, "agricultural damage" means damage to
41 land, crops or livestock of a landowner or
tenant, as defined in K.S.A. 32-
42 937, and amendments thereto.
43 Sec.
2. K.S.A. 1999 Supp. 32-937 is hereby amended to read as
fol-
2
1 lows: 32-937. (a) When used in this
section:
2
(1) "Landowner" means a resident owner of farm or ranch land
of
3 80 acres or more located in the state
of Kansas.
4
(2) "Tenant" means an individual who is actively engaged in
the ag-
5 ricultural operation of 80 acres or
more of Kansas farm or ranch land for
6 the purpose of producing agricultural
commodities or livestock and who:
7 (A) Has a substantial financial
investment in the production of agricultural
8 commodities or livestock on such farm
or ranch land and the potential to
9 realize substantial financial benefit
from such production; or (B) is a bona
10 fide manager having an overall
responsibility to direct, supervise and con-
11 duct such agricultural operation and has
the potential to realize substan-
12 tial benefit from such production in the
form of salary, shares of such
13 production or some other economic incentive
based upon such
14 production.
15 (3) "Regular
season" means a statewide big game hunting season au-
16 thorized annually which may include one or
more seasons restricted to
17 specific types of equipment.
18 (4) "Special
season" means a big game hunting season in addition to
19 a regular season authorized on an irregular
basis or at different times of
20 the year other than the regular season.
21 (5) "General
permit" means a big game hunting permit available to
22 Kansas residents not applying for big game
permits as a landowner or
23 tenant.
24 (6) "Nonresident
landowner" means a nonresident of the state of
25 Kansas who owns farm or ranch land of 80
acres or more which is located
26 in the state of Kansas.
27 (7) "Nonresident
permit" means a big game hunting permit available
28 to individuals who are not Kansas
residents.
29 (b) Except as
otherwise provided by law or rules and regulations of
30 the secretary and in addition to any other
license, permit or stamp re-
31 quired by law or rules and regulations of
the secretary, a valid big game
32 permit and game tags are required to take
any big game in this state.
33 (c) The fee for
big game permits and game tags shall be the amount
34 prescribed pursuant to K.S.A. 32-988, and
amendments thereto.
35 (d) A big game
permit and game tags are valid throughout the state
36 or such portion thereof as provided by
rules and regulations adopted by
37 the secretary in accordance with K.S.A.
32-805 and amendments thereto.
38 (e) Unless
otherwise provided by law or rules and regulations of the
39 secretary, a big game permit and game tags
are valid from the date of
40 issuance and shall expire at the end of the
season for which issued.
41 (f) The secretary
may adopt, in accordance with K.S.A. 32-805, and
42 amendments thereto, rules and regulations
for each regular or special big
43 game hunting season and for each management
unit regarding big game
3
1 permits and game tags. The secretary
is hereby authorized to issue big
2 game permits and game tags pertaining
to the taking of big game. Sep-
3 arate big game permits and game tags
may be issued for each species of
4 big game. No big game permits or game
tags shall be issued until the
5 secretary has established, by rules
and regulations adopted in accordance
6 with K.S.A. 32-805, and amendments
thereto, a regular or special big
7 game hunting season.
8 (g) The
secretary may authorize, by rule and regulation adopted in
9 accordance with K.S.A. 32-805, and
amendments thereto, landowner or
10 tenant hunt-on-your-own-land big game
permits. Such permits and ap-
11 plications may contain provisions and
restrictions as prescribed by rule
12 and regulation adopted by the secretary in
accordance with K.S.A. 32-
13 805, and amendments thereto.
14 (h) The secretary
may authorize, by rule and regulation adopted in
15 accordance with K.S.A. 32-805 and
amendments thereto, special land-
16 owner or tenant hunt-on-your-own-land deer
permits. Such special per-
17 mits shall not be issued to landowners or
tenants in possession of a hunt-
18 on-your-own-land deer permit as authorized
in subsection (g). The special
19 permits shall be transferable to any
immediate family member of the
20 landowner or tenant, whether or not a
Kansas resident, or the permit may
21 be retained for use by the landowner or
tenant. The special permits shall
22 be transferable through the secretary at
the request of the landowner or
23 tenant and by paying the required fee for a
general deer permit. The
24 special permits and applications may
contain provisions and restrictions
25 as prescribed by rule and regulation
adopted by the secretary in accord-
26 ance with K.S.A. 32-805 and amendments
thereto. For the purposes of
27 this subsection, "member of the immediate
family" means lineal or col-
28 lateral ascendants or descendants, and
their spouses.
29 (i) Fifty percent
of the big game permits authorized for a regular
30 season in any management unit shall be
issued to landowners or tenants,
31 provided that a limited number of big game
permits have been authorized
32 and landowner or tenant
hunt-on-your-own-land big game permits for
33 that unit have not been authorized. A
landowner or tenant is not eligible
34 to apply for a big game permit as a
landowner or as a tenant in a man-
35 agement unit other than the unit or units
which includes such landowner's
36 or tenant's land. Any big game permits not
issued to landowners or ten-
37 ants within the time period prescribed by
rule and regulation may be
38 issued without regard to the 50%
limitation.
39 (j) Members of
the immediate family who are domiciled with a land-
40 owner or tenant may apply for a big game
permit as a landowner or as a
41 tenant, but the total number of permits
issued to a landowner or tenant
42 and a landowner's or tenant's immediate
family shall not exceed one per-
43 mit for each 80 acres owned by such
landowner or operated by such
4
1 tenant. The secretary may require
proof of ownership or tenancy from
2 individuals applying for a big game
permit as a landowner or as a tenant.
3 (k) The
secretary may issue permits for deer or turkey to nonresident
4 landowners, but any such permit shall
be restricted to hunting only on
5 lands owned by the nonresident
landowner.
6 (l) The
secretary may issue turkey hunting permits to nonresidents
7 in turkey management units with
unlimited turkey hunting permits
8 available.
9 (m) The
secretary may issue deer hunting permits to nonresidents,
10 subject to the following limitations:
11 (1) The total
number of nonresident deer firearm permits of each
12 type specified by rules and regulations
that may be issued for a deer
13 season in a management unit shall not
exceed 5% 20% of the total number
14 of resident deer firearm permits of such
type authorized for such season
15 in such management unit; and
16 (2) the total
number of nonresident deer archery permits of each type
17 specified by rules and regulations that may
be issued for a deer season in
18 a management unit shall not exceed
5% 20% of the total number of
19 resident deer archery permits of such type
authorized for such season in
20 such management unit.
21 Nonresident deer
archery permits may be restricted to a particular deer
22 species without regard to resident deer
archery permit species restric-
23 tions, or lack thereof.
24 If an unlimited number
of resident deer permits is authorized for a
25 deer season or management unit, the
percentage limitations of subsec-
26 tions (m)(1) and (m)(2) shall be based upon
the total number of resident
27 firearm permits and the total number of
archery permits, respectively,
28 issued in the management unit during the
most recent preceding similar
29 season. If in a management unit there are
an unlimited number of game
30 tags available to residents, the secretary,
in the secretary's discretion and
31 in accordance with rules and regulations,
may authorize the issuance of
32 an unlimited number of deer tags for such
unit to nonresidents.
33 (n) Any
nonresident deer hunting permits authorized under subsec-
34 tion (m) that remain unissued due to an
insufficient number of nonresi-
35 dent applications as of a deadline
determined by the secretary, shall be
36 made available to residents.
37 (o) No big game
permit issued to a person under 14 years of age shall
38 be valid until such person reaches 14 years
of age, except that a person
39 who is 12 years or 13 years of age and has
been issued a certificate of
40 completion of an approved hunter education
course may be issued: (1) A
41 deer archery permit if the person submits
to the secretary evidence, sat-
42 isfactory to the secretary, of completion
of a bow hunting safety education
43 course; or (2) a wild turkey firearm
permit. Such deer archery permit or
5
1 turkey firearm permit shall be valid
only while the individual is hunting
2 under the immediate supervision of an
adult who is 21 years of age or
3 older.
4 (p) A big
game permit shall state the species, number and sex of the
5 big game which may be killed by the
permittee. The secretary may furnish
6 an informational card with any big
game permit and, at the conclusion of
7 the open season, each permittee
receiving such card shall return the card
8 to the department, giving such
information as is called for on the card.
9 (q) The
permittee shall permanently affix the game tag to the carcass
10 of any big game immediately after killing
and thereafter, if required by
11 rules and regulations, the permittee shall
immediately take such killed
12 game to a check station as required in the
rules and regulations, where a
13 check station tag shall be affixed to the
game carcass if the kill is legal.
14 The tags shall remain affixed until the
carcass is consumed or processed
15 for storage.
16 (r) The
provisions of this section do not apply to big game animals
17 sold in surplus property disposal sales of
department exhibit herds or big
18 game animals legally taken outside this
state.
19 Sec. 3. K.S.A. 1999 Supp. 32-937
is hereby repealed.
20 Sec. 4. This act shall
take effect and be in force from and after its
21 publication in the statute book.