Session Law

Identifying Information:L. 2001 ch. 016
Other Identifying Information:2001 Senate Bill 86
Tax Type:Other
Brief Description:An Act concerning wildlife and parks; relating to certain late payment fees;amending K.S.A. 32-1001 and repealing the existing section.
Keywords:


Body:

CHAPTER 16

SENATE BILL No. 86


An Act concerning wildlife and parks; relating to certain late payment fees;

amending K.S.A. 32-1001 and repealing the existing section.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 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 the proper permit or permits and pay-

ment, within 24 hours, of a late payment fee of $5 $15.

(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.

Sec. 2. K.S.A. 32-1001 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its

publication in the statute book.

Approved March 15, 2000.


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Date Composed: 09/25/2001 Date Modified: 09/25/2001