Session of 1997
SENATE BILL No. 288
By Committee on Transportation and Tourism
9 AN ACT relating to big game permits; amending K.S.A. 1996 Supp. 32-
10 937 and 32-988 and repealing the existing sections.
12 Be it enacted by the Legislature of the State of Kansas:
13 Section 1. K.S.A. 1996 Supp. 32-937 is hereby amended to read as
14 follows: 32-937. (a) When used in this section:
15 (1) ``Landowner'' means a resident owner of farm or ranch land of
16 80 acres or more located in the state of Kansas.
17 (2) ``Tenant'' means a resident of this state who is actively engaged
18 in the agricultural operation of 80 acres or more of Kansas farm or ranch
19 land for the purpose of producing agricultural commodities or livestock
20 and who: (A) Has a substantial financial investment in the production of
21 agricultural commodities or livestock on such farm or ranch land and the
22 potential to realize substantial financial benefit from such production; or
23 (B) is a bona fide manager having an overall responsibility to direct, su-
24 pervise and conduct such agricultural operation and has the potential to
25 realize substantial benefit from such production in the form of salary,
26 shares of such production or some other economic incentive based upon
27 such production.
28 (3) ``Regular season'' means a statewide big game hunting season au-
29 thorized annually which may include one or more seasons restricted to
30 specific types of equipment.
31 (4) ``Special season'' means a big game hunting season in addition to
32 a regular season authorized on an irregular basis or at different times of
33 the year other than the regular season.
34 (5) ``General permit'' means a big game hunting permit available to
35 Kansas residents not applying for big game permits as a landowner or
37 (6) ``Nonresident landowner'' means a nonresident of the state of
38 Kansas who owns farm or ranch land of 80 acres or more which is located
39 in the state of Kansas.
40 (7) ``Nonresident permit'' means a big game hunting permit available
41 to individuals who are not Kansas residents.
42 (b) Except as otherwise provided by law or rules and regulations of
43 the secretary and in addition to any other license, permit or stamp re-
1 quired by law or rules and regulations of the secretary, a valid big game
2 permit and game tags are required to take any big game in this state.
3 (c) The fee for big game permits and game tags shall be the amount
4 prescribed pursuant to K.S.A. 32-988, and amendments thereto.
5 (d) A big game permit and game tags are valid throughout the state
6 or such portion thereof as provided by rules and regulations adopted by
7 the secretary in accordance with K.S.A. 32-805 and amendments thereto.
8 (e) Unless otherwise provided by law or rules and regulations of the
9 secretary, a big game permit and game tags are valid from the date of
10 issuance and shall expire at the end of the season for which issued.
11 (f) The secretary may adopt, in accordance with K.S.A. 32-805, and
12 amendments thereto, rules and regulations for each regular or special big
13 game hunting season and for each management unit regarding big game
14 permits and game tags. The secretary is hereby authorized to issue big
15 game permits and game tags pertaining to the taking of big game. Sep-
16 arate big game permits and game tags may be issued for each species of
17 big game. No big game permits or game tags shall be issued until the
18 secretary has established, by rules and regulations adopted in accordance
19 with K.S.A. 32-805, and amendments thereto, a regular or special big
20 game hunting season.
21 (g) Except as provided in subsection (h), the secretary may authorize,
22 by rule and regulation adopted in accordance with K.S.A. 32-805, and
23 amendments thereto, landowner or tenant hunt-on-your-own-land big
24 game permits. Such permits and applications may contain provisions and
25 restrictions as prescribed by rule and regulation adopted by the secretary
26 in accordance with K.S.A. 32-805, and amendments thereto.
27 (h) Except as provided in subsection (n), the secretary may authorize,
28 by rule and regulation adopted in accordance with K.S.A. 32-805 and
29 amendments thereto, special landowner or tenant hunt-on-your-own-land
30 deer permits. Such special permits shall not be issued to landowners or
31 tenants in possession of a hunt-on-your-own-land deer permit as author-
32 ized in subsection (g). The special permits shall be transferable to any
33 immediate family member of the landowner or tenant, whether or not a
34 Kansas resident, or the permit may be retained for use by the landowner
35 or tenant. The special permits shall be transferable through the secretary
36 at the request of the landowner or tenant and by paying the required fee
37 for a general or nonresident deer permit and the additional payment of
38 the permit transfer fee. The special permits and applications may contain
39 provisions and restrictions as prescribed by rule and regulation adopted
40 by the secretary in accordance with K.S.A. 32-805 and amendments
41 thereto. For the purposes of this subsection, ``member of the immediate
42 family'' means lineal ascendants or descendants, and their spouses.
43 (i) Fifty percent of the big game permits authorized for a regular
1 season in any management unit shall be issued to landowners or tenants,
2 provided that a limited number of big game permits have been authorized
3 and landowner or tenant hunt-on-your-own-land big game permits for
4 that unit have not been authorized. A landowner or tenant is not eligible
5 to apply for a big game permit as a landowner or as a tenant in a man-
6 agement unit other than the unit or units which includes such landowner's
7 or tenant's land. Any big game permits not issued to landowners or ten-
8 ants within the time period prescribed by rule and regulation may be
9 issued without regard to the 50% limitation.
10 (j) Members of the immediate family who are domiciled with a land-
11 owner or tenant may apply for a big game permit as a landowner or as a
12 tenant, but the total number of permits issued to a landowner or tenant
13 and a landowner's or tenant's immediate family shall not exceed one per-
14 mit for each 80 acres owned by such landowner or operated by such
15 tenant. The secretary may require proof of ownership or tenancy from
16 individuals applying for a big game permit as a landowner or as a tenant.
17 (k) The secretary may issue permits for deer or turkey to nonresident
18 landowners, but any such permit shall be restricted to hunting only on
19 lands owned by the nonresident landowner.
20 (l) The secretary may issue turkey hunting permits to nonresidents
21 in turkey management units with unlimited turkey hunting permits avail-
23 (m) Except as provided in subsection (n), the secretary may issue deer
24 hunting permits to nonresidents, subject to the following limitations:
25 (1) The total number of nonresident deer firearm permits issued for
26 a deer season in a management unit shall not exceed 5% of the total
27 number of resident deer firearm permits authorized for such season in
28 such management unit; and
29 (2) the total number of nonresident deer archery permits issued for
30 a deer season in a management unit shall not exceed 5% of the total
31 number of resident deer archery permits authorized for such season in
32 such management unit.
33 If an unlimited number of resident deer permits is authorized for a
34 deer season or management unit, the percentage limitations of
35 tions (l)(1) and (l)(2) paragraphs (1) and (2) of this subsection shall be
36 based upon the total number of resident firearm permits and the total
37 number of archery permits, respectively, issued in the management unit
38 during the most recent preceding similar season. Notwithstanding the
39 foregoing provisions of this subsection, nonresident firearm deer permits
40 of a particular type and nonresident archery deer permits of a particular
41 type may be issued in a firearms management unit only if resident firearm
42 permits of such type remained unissued after the close of the previous
43 year's first permit selection process in that management unit.
1 (n) A landowner or tenant may apply for and obtain hunt-on-your-
2 own-land deer big game permits authorizing the taking of deer, by any
3 means authorized by law, on such landowner's or tenant's land. A land-
4 owner or tenant may apply for and obtain additional hunt-on-your-own-
5 land deer big game permits based on an acreage formula developed by
6 the secretary. The landowner or tenant may sell or transfer any such
7 permits by assigning such permits by writing on the face of the permit,
8 to any resident or nonresident who is a holder of a valid hunting license
9 or to a person exempt by law from the requirement of having a hunting
10 license to hunt in this state. The landowner or tenant may sell such permit
11 for an amount in excess of the fee paid by the landowner. No such permit
12 shall be assigned to more than one person. Any hunter sold a permit under
13 this subsection shall be accompanied by a guide designated by the land-
14 owner. The secretary may adopt rules and regulations necessary for the
15 issuance of permits under the authority of this subsection, including the
16 development of an acreage formula.
(n) (o) Any recipient of a nonresident deer hunting permit as au-
18 thorized under subsection (l) (m) shall be ineligible to apply for or to
19 receive a nonresident deer hunting permit for any deer season established
20 for the following year.
21 (o) (p) No big game permit issued to a person under 14 years of age
22 shall be valid until such person reaches 14 years of age, except that a wild
23 turkey firearm permit may be issued to any individual who is 12 years of
24 age or older but is under 14 years of age if the individual has been issued
25 a certificate of completion of an approved hunter education course. Such
26 turkey firearm permit shall be valid only while the individual is hunting
27 under the immediate supervision of an adult who is 21 years of age or
29 (p) (q) A big game permit shall state the species, number and sex of
30 the big game which may be killed by the permittee. The secretary may
31 furnish an informational card with any big game permit and, at the con-
32 clusion of the open season, each permittee receiving such card shall re-
33 turn the card to the department, giving such information as is called for
34 on the card.
35 (q) (r) The permittee shall permanently affix the game tag to the
36 carcass of any big game immediately after killing and thereafter, if re-
37 quired by rules and regulations, the permittee shall immediately take such
38 killed game to a check station as required in the rules and regulations,
39 where a check station tag shall be affixed to the game carcass if the kill
40 is legal. The tags shall remain affixed until the carcass is consumed or
41 processed for storage.
42 (r) (s) The provisions of this section do not apply to big game animals
43 sold in surplus property disposal sales of department exhibit herds or big
1 game animals legally taken outside this state.
2 Sec. 2. K.S.A. 1996 Supp. 32-988 is hereby amended to read as fol-
3 lows: 32-988. (a) The secretary is authorized to adopt, in accordance with
4 K.S.A. 32-805 and amendments thereto, rules and regulations fixing the
5 amount of fees for the following items, subject to the following limitations
6 and subject to the requirement that no such rules and regulations shall
7 be adopted as temporary rules and regulations:
8 Big game permits
9 Resident: minimum $10, maximum $100
10 Nonresident: minimum $30, maximum $400
11 Big game tag: maximum $10
12 Nonresident applications: maximum $5
13 Transfer fee: minimum $10, maximum $40
14 Combination hunting and fishing licenses
15 Resident: minimum $10, maximum $30
16 Lifetime: minimum $400, maximum $600; or 8 quarterly payments, each minimum $55,
17 maximum $80
18 Nonresident: minimum $75, maximum $125
19 Commercial dog training permits: minimum $10, maximum $25
20 Commercial guide permit or associate guide permit: maximum $50
21 Commercial harvest or dealer permits: minimum $10, maximum $200
22 Commercial prairie rattlesnake harvesting permits
23 Resident or nonresident with valid hunting license: maximum $5
24 Resident or nonresident nonfirearm without valid hunting license: maximum $20
25 Controlled shooting area operator license: minimum $200, maximum $400
26 Duplicate licenses, permits, stamps and other issues of the department: maximum $10
28 Permits: minimum $50, maximum $300
29 Examinations: minimum $25, maximum $100
30 Field trial permits: minimum $10, maximum $25
31 Fishing licenses
32 Resident: minimum $5, maximum $15
33 Lifetime: minimum $200, maximum $300; or 8 quarterly payments, each minimum $30,
34 maximum $45
35 Nonresident: minimum $15, maximum $50
36 Five-day nonresident: minimum $5, maximum $15
37 Institutional group: minimum $100, maximum $200
38 Special nonprofit group: minimum $50, maximum $200
39 Twenty-four-hour: maximum $3
40 Fur dealer licenses
41 Resident: minimum $50, maximum $200
42 Nonresident: minimum $50, maximum $400
1 Furharvester licenses
2 Resident: minimum $10, maximum $20
3 Nonresident: minimum $50, maximum $400
4 Game breeder permits: minimum $2, maximum $15
5 Handicapped hunting and fishing permits: maximum $5
6 Hound trainer-breeder running permits: minimum $10, maximum $25
7 Hunting licenses
8 Resident: minimum $5, maximum $15
9 Lifetime: minimum $200, maximum $300; or 8 quarterly payments, each minimum $30,
10 maximum $45
11 Nonresident: minimum $25, maximum $75
12 Controlled shooting area: minimum $5, maximum $15
13 Forty-eight-hour waterfowl permits: maximum $25
14 Migratory waterfowl habitat stamps: minimum $3, maximum $5
15 Mussel fishing licenses
16 Resident: minimum $25, maximum $200
17 Nonresident: minimum $50, maximum $1,500
18 Rabbit permits
19 Live trapping: maximum $200
20 Shipping: minimum $25, maximum $400
21 Raptor propagation permits: maximum $100
22 Rehabilitation permits: maximum $50
23 Scientific, educational or exhibition permits: maximum $10
24 Wildlife damage control permits: maximum $10
25 Wildlife importation permits: maximum $10
26 Special permits under K.S.A. 32-961: maximum $100
27 Miscellaneous fees
28 Special events on department land or water: maximum $200
29 Special departmental services, materials or supplies: no maximum
30 Other issues of department: no maximum
31 Vendor bond: no maximum
32 (b) The fee for a landowner-tenant resident big game hunting permit
33 shall be an amount equal to 1/2 the fee for a general resident big game
34 hunting permit.
35 (c) The fee for a furharvester license for a resident under 16 years of
36 age shall be an amount equal to 1/2 the fee for a resident furharvester
38 (d) The secretary may establish, by rules and regulations adopted in
39 accordance with K.S.A. 32-805 and amendments thereto, different fees
40 for various classes and types of licenses, permits, stamps and other issu-
41 ances of the department which may occur within each item as described
42 under subsection (a).
43 (e) The fee for a nonprofit group fishing license issued under sub-
1 section (h) of K.S.A. 32-906 and amendments thereto shall be $50 for
2 calendar year 1995.
3 (f) The fee for a nonresident mussel fishing license shall be $1,000
4 from the effective date of this act through calendar year 1995.
5 (g) The fee for hunt-on-your-own-land deer big game permits shall
6 be $10.50 and shall not be subject to any transfer fee.
7 Sec. 3. K.S.A. 1996 Supp. 32-937 and 32-988 are hereby repealed.
8 Sec. 4. This act shall take effect and be in force from and after its
9 publication in the statute book.