HB 2307--Am. by S
As Amended by Senate Committee
As Amended by House Committee
Session of 1997
HOUSE BILL No. 2307
By Committee on Environment
12 AN ACT concerning big game permits;
relating to nonresident permits;
13 amending K.S.A. 1996 Supp. 32-937 and repealing the existing section.
15 Be it enacted by the Legislature of the State of Kansas:
16 Section 1. K.S.A. 1996 Supp. 32-937 is hereby amended to read as
17 follows: 32-937. (a) When used in this section:
18 (1) ``Landowner'' means a resident owner of farm or ranch land of
19 80 acres or more located in the state of Kansas.
20 (2) ``Tenant'' means a resident of this state who is actively engaged
21 in the agricultural operation of 80 acres or more of Kansas farm or ranch
22 land for the purpose of producing agricultural commodities or livestock
23 and who: (A) Has a substantial financial investment in the production of
24 agricultural commodities or livestock on such farm or ranch land and the
25 potential to realize substantial financial benefit from such production; or
26 (B) is a bona fide manager having an overall responsibility to direct, su-
27 pervise and conduct such agricultural operation and has the potential to
28 realize substantial benefit from such production in the form of salary,
29 shares of such production or some other economic incentive based upon
30 such production.
31 (3) ``Regular season'' means a statewide big game hunting season au-
32 thorized annually which may include one or more seasons restricted to
33 specific types of equipment.
34 (4) ``Special season'' means a big game hunting season in addition to
35 a regular season authorized on an irregular basis or at different times of
36 the year other than the regular season.
37 (5) ``General permit'' means a big game hunting permit available to
38 Kansas residents not applying for big game permits as a landowner or
40 (6) ``Nonresident landowner'' means a nonresident of the state of
41 Kansas who owns farm or ranch land of 80 acres or more which is located
42 in the state of Kansas.
43 (7) ``Nonresident permit'' means a big game hunting permit available
HB 2307--Am. by S
1 to individuals who are not Kansas residents.
2 (b) Except as otherwise provided by law or rules and regulations of
3 the secretary and in addition to any other license, permit or stamp re-
4 quired by law or rules and regulations of the secretary, a valid big game
5 permit and game tags are required to take any big game in this state.
6 (c) The fee for big game permits and game tags shall be the amount
7 prescribed pursuant to K.S.A. 32-988, and amendments thereto.
8 (d) A big game permit and game tags are valid throughout the state
9 or such portion thereof as provided by rules and regulations adopted by
10 the secretary in accordance with K.S.A. 32-805 and amendments thereto.
11 (e) Unless otherwise provided by law or rules and regulations of the
12 secretary, a big game permit and game tags are valid from the date of
13 issuance and shall expire at the end of the season for which issued.
14 (f) The secretary may adopt, in accordance with K.S.A. 32-805, and
15 amendments thereto, rules and regulations for each regular or special big
16 game hunting season and for each management unit regarding big game
17 permits and game tags. The secretary is hereby authorized to issue big
18 game permits and game tags pertaining to the taking of big game. Sep-
19 arate big game permits and game tags may be issued for each species of
20 big game. No big game permits or game tags shall be issued until the
21 secretary has established, by rules and regulations adopted in accordance
22 with K.S.A. 32-805, and amendments thereto, a regular or special big
23 game hunting season.
24 (g) The secretary may authorize, by rule and regulation adopted in
25 accordance with K.S.A. 32-805, and amendments thereto, landowner or
26 tenant hunt-on-your-own-land big game permits. Such permits and ap-
27 plications may contain provisions and restrictions as prescribed by rule
28 and regulation adopted by the secretary in accordance with K.S.A. 32-
29 805, and amendments thereto.
30 (h) The secretary may authorize, by rule and regulation adopted in
31 accordance with K.S.A. 32-805 and amendments thereto, special land-
32 owner or tenant hunt-on-your-own-land deer permits.
Such special per-
33 mits shall not be issued to landowners or tenants in possession of a hunt-
34 on-your-own-land deer permit as authorized in subsection (g). The special
35 permits shall be transferable to any immediate family member of the
36 landowner or tenant, whether or not a Kansas resident, or the permit may
37 be retained for use by the landowner or tenant. The special permits shall
38 be transferable through the secretary at the request of the landowner or
39 tenant and by paying the required fee for a general or nonresident deer
40 permit and the additional payment of the permit transfer fee The special
41 permits may be sold or otherwise transferred by the landowner or
42 tenant to any resident or nonresident individual who holds a valid
43 Kansas hunting license or to a person exempt by law from the re-
HB 2307--Am. by S
1 quirement of having a license to hunt in this state. The landowner
2 or tenant may sell such permits for an amount in excess of the fee
3 paid by the landowner or tenant. The special permits and applications
4 may contain provisions and restrictions as prescribed by rule and regu-
5 lation adopted by the secretary in accordance with K.S.A. 32-805 and
6 amendments thereto.
For the purposes of this subsection, ``member of
7 the immediate family'' means lineal or collateral ascendants or descen-
8 dants, and their spouses.
9 (i) Fifty percent of the big game permits authorized for a regular
10 season in any management unit shall be issued to landowners or tenants,
11 provided that a limited number of big game permits have been authorized
12 and landowner or tenant hunt-on-your-own-land big game permits for
13 that unit have not been authorized. A landowner or tenant is not eligible
14 to apply for a big game permit as a landowner or as a tenant in a man-
15 agement unit other than the unit or units which includes such landowner's
16 or tenant's land. Any big game permits not issued to landowners or ten-
17 ants within the time period prescribed by rule and regulation may be
18 issued without regard to the 50% limitation.
19 (j) Members of the immediate family who are domiciled with a land-
20 owner or tenant may apply for a big game permit as a landowner or as a
21 tenant, but the total number of permits issued to a landowner or tenant
22 and a landowner's or tenant's immediate family shall not exceed one per-
23 mit for each 80 acres owned by such landowner or operated by such
24 tenant. The secretary may require proof of ownership or tenancy from
25 individuals applying for a big game permit as a landowner or as a tenant.
26 (k) The secretary may issue permits for deer or turkey to nonresident
27 landowners, but any such permit shall be restricted to hunting only on
28 lands owned by the nonresident landowner.
29 (l) The secretary may issue turkey hunting permits to nonresidents
30 in turkey management units with unlimited turkey hunting permits avail-
32 (m) The secretary may issue deer hunting permits to nonresidents,
33 subject to the following limitations:
34 (1) The total number of nonresident deer firearm permits issued for
35 a deer season in a management unit shall not exceed 5% of the total
36 number of resident deer firearm permits authorized for such season in
37 such management unit; and
38 (2) the total number of nonresident deer archery permits issued for
39 a deer season in a management unit shall not exceed 5% of the total
40 number of resident deer archery permits authorized for such season in
41 such management unit.
42 If an unlimited number of resident deer permits is authorized for a
43 deer season or management unit, the percentage limitations of subsec-
HB 2307--Am. by S
(l)(1) and (l)(2) (m)(1) and (m)(2) shall be based upon the total
2 number of resident firearm permits and the total number of archery per-
3 mits, respectively, issued in the management unit during the most recent
4 preceding similar season. Notwithstanding the foregoing provisions of this
5 subsection, nonresident firearm deer permits of a particular type and
6 nonresident archery deer permits of a particular type may be issued in a
7 firearms management unit only if resident firearm permits of such type
8 remained unissued after the close of the previous year's first permit se-
9 lection process in that management unit.
10 (n) Any recipient of a nonresident deer hunting permit as authorized
11 under subsection (l) shall be ineligible to apply for or to receive a non-
12 resident deer hunting permit for any deer season established for the fol-
13 lowing year nonresident deer hunting permits authorized under subsec-
14 tion (m) that remain unissued due to an insufficient number of
15 nonresident applications as of a deadline determined by the secretary,
16 shall be made available to residents.
17 (o) No big game permit issued to a person under 14 years of age shall
18 be valid until such person reaches 14 years of age, except that a wild
19 turkey firearm permit may be issued to any individual who is 12 years of
20 age or older but is under 14 years of age if the individual has been issued
21 a certificate of completion of an approved hunter education course. Such
22 turkey firearm permit shall be valid only while the individual is hunting
23 under the immediate supervision of an adult who is 21 years of age or
25 (p) A big game permit shall state the species, number and sex of the
26 big game which may be killed by the permittee. The secretary may furnish
27 an informational card with any big game permit and, at the conclusion of
28 the open season, each permittee receiving such card shall return the card
29 to the department, giving such information as is called for on the card.
30 (q) The permittee shall permanently affix the game tag to the carcass
31 of any big game immediately after killing and thereafter, if required by
32 rules and regulations, the permittee shall immediately take such killed
33 game to a check station as required in the rules and regulations, where a
34 check station tag shall be affixed to the game carcass if the kill is legal.
35 The tags shall remain affixed until the carcass is consumed or processed
36 for storage.
37 (r) The provisions of this section do not apply to big game animals
38 sold in surplus property disposal sales of department exhibit herds or big
39 game animals legally taken outside this state.
40 Sec. 2. K.S.A. 1996 Supp. 32-937 is hereby repealed.
41 Sec. 3. This act shall take effect and be in force from and after its
42 publication in the statute book.