SB 110--Am. by HCW
[As Amended by House Committee of the Whole]
As Amended by House Committee
[As Amended by Senate Committee of the Whole]
As Amended by Senate Committee
Session of 1997
By Committee on Energy and Natural Resources

16 AN ACT concerning methods of taking wildlife; unlawful acts; amending 17 K.S.A. 32-1003 and repealing the existing section. 18 19 Be it enacted by the Legislature of the State of Kansas: 20 Section 1. K.S.A. 32-1003 is hereby amended to read as follows: 32- 21 1003. It is unlawful for any person, unless authorized by law or rules and 22 regulations of the secretary, to: 23 (a) Take any game animal or furbearing animal from a motorboat, 24 airplane, motor vehicle or other water, air or land vehicle unless such 25 person holds a valid handicapped hunting and fishing permit issued to 26 such person pursuant to K.S.A. 32-931 and amendments thereto; 27 (b) provide or receive information concerning the location of any 28 game animal or furbearing animal by radio or other mechanical device 29 for purposes of taking such bird or animal; 30 (c) use sodium fluoroacetate, commonly called formula 1080, except 31 as permitted by rules and regulations of the secretary; 32 (d) use poison, poisonous gas, smoke or ferrets, or any smoke gun or 33 other device for forcing smoke or any other asphyxiating or deadly gas or 34 liquid into the holes, dens, runways or houses of wildlife, except as per- 35 mitted by rules and regulations of the secretary; 36 (e) fish by placing in or upon any lake, pond, river, creek, stream or 37 any other water, bordering on or within the state of Kansas, any delete- 38 rious substance or fishberries; 39 (f) place or explode any dynamite, giant powder, lime, nitroglycerine 40 or any other explosive of any character or kind in any waters of the state 41 of Kansas with the intent to take or stun fish; 42 (g) throw or cast the rays of a spotlight, headlight or other artificial 43 light on any highway, roadway, field, grassland, woodland or forest for the SB 110--Am. by HCW

 1  purpose of spotting, locating or taking any wildlife animal while having in
 2  possession or control, either singly or as one of a group of persons, any
 3  rifle, pistol, shotgun, bow or other implement whereby wildlife could be
 4  taken, except that nothing in this subsection shall prohibit the use of a
 5  spotlight, headlight or other artificial light in the hunting, shooting or
 6  taking, on foot or from a motor vehicle, of nonprotected species of wildlife
 7  in for surveillance or in the spotting, locating or taking, on foot or
 8  from a motor vehicle, of wildlife other than [game animals and
 9  other] species that are threatened, endangered or in need of con-
10  servation under the nongame and endangered species conservation
11  act, for the protection of property by landowners or operators and their
12  regular employees on land under their control or the use of such lights by
13  the landowner, operator or their regular employees for surveillance apply
14  to any person [be construed to prohibit a person from carrying a
15  weapon while using artificial light for] conducting surveillance, ac-
16  tively caring for agricultural equipment or livestock or conducting
17  activities described in subsection (c)(2) of K.S.A. 32-1002 and
18  amendments thereto, while [when]  on land under the person's con-
19  trol, if the person owns such land, is in lawful possession of such
20  land or is regularly employed for purposes of livestock or agricul-
21  tural production or management on such land.
22    Sec. 2.  K.S.A. 32-1003 is hereby repealed.
23    Sec. 3.  This act shall take effect and be in force from and after its
24  publication in the statute book.