Session Law

Identifying Information:L. 2002 ch. 096
Other Identifying Information:2002 Senate Bill 504
Tax Type:Other
Brief Description: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.
Keywords:


Body:

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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Date Composed: 10/10/2002 Date Modified: 10/10/2002