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-


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  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


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  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


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  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


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  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.