As Amended by Senate Committee
Session of 1997
SENATE BILL No. 309
By Committee on Energy and Natural Resources
10 AN ACT concerning nongame, threatened and endangered species; re-
11 lating to listing of and recovery plans for such species; allowing tax
12 credits for certain taxes and assessments; amending K.S.A. 32-957, 32-
13 960 and 32-962 and repealing the existing sections; also repealing
14 K.S.A. 1996 Supp. 32-963a.
16 Be it enacted by the Legislature of the State of Kansas:
17 Section 1. K.S.A. 32-957 is hereby amended to read as follows: 32-
18 957. K.S.A. 32-957 through 32-963, 32-1009 through 32-1012
19 1033 and sections 3 and 4, and amendments thereto, shall be known and
20 may be cited as the nongame and endangered species conservation act.
21 Sec. 2. K.S.A. 32-960 is hereby amended to read as follows: 32-960.
22 (a) The secretary shall determine whether any species of wildlife indig-
23 enous to the state is a threatened species or an endangered species in
24 this state because of any of the following factors:
25 (1) The present or threatened destruction, modification or curtail-
26 ment of its habitat or range;
27 (2) the overutilization of such species for commercial, sporting, sci-
28 entific, educational or other purposes;
29 (3) disease or predation;
30 (4) the inadequacy of existing regulatory mechanisms; or
31 (5) the presence of other natural or man-made factors affecting its
32 continued existence within this state.
33 (b) (1) The secretary shall make the determinations required by sub-
34 section (a) on the basis of the best scientific, commercial and other data
35 available to the secretary and after consultation, as appropriate, with fed-
36 eral agencies, other interested state agencies and interested persons and
38 (2) In determining whether any species of wildlife is a threatened
39 species or an endangered species in this state, the secretary shall take
40 into consideration those actions, if any, being carried out or about to be
41 carried out by the federal government, by other states, by other agencies
42 of this state or political subdivisions thereof, or by nongovernmental per-
43 sons or organizations which may affect the species under consideration.
1 (3) Species of wildlife which occur in this state and which have been
2 determined to be threatened species or endangered species pursuant to
3 Pub. L. No. 93-205 (December 28, 1973), the endangered species act of
4 1973, and amendments thereto, shall receive full consideration by the
5 secretary to determine whether each such species is a threatened or an
6 endangered species in this state.
7 (c) (1) The secretary shall adopt, in accordance with K.S.A. 32-
8 805 and amendments thereto, rules and regulations pursuant to K.S.A.
9 32-963 and amendments thereto which contain a list of all species of
10 wildlife indigenous to this state which have been determined to be en-
11 dangered species pursuant to this section and a list of all such species
12 which have been determined to be threatened species pursuant to this
13 section. Each list shall refer to the species contained therein by their
14 scientific and common names, if any, and shall specify with respect to
15 each such species the portion of the range of such species within this state
16 in which it is threatened or endangered.
17 (2) The secretary may not add a species to nor remove a species from
18 any such list unless the secretary has first:
19 (A) Published a public notice of such proposed action;
20 (B) notified the governor of any state which shares a common border
21 with this state and in which the subject species is known to occur that
22 such action is being proposed; and
allowed at least 30 days following publication of such public no-
24 tice for comment from the public and other interested parties, except that
25 in cases where the secretary determines that an emergency situation ex-
26 ists, the secretary may add species to such lists provided the secretary has
27 published a public notice that such an emergency situation exists together
28 with a summary of facts which support such determination (i) in cases
29 where the secretary determines that an emergency situation exists,
30 published a public notice that such an emergency situation exists,
31 together with a summary of facts that support such determination;
32 or (ii) in all other cases, conducted public informational meetings to
33 coincide with the scientific review outside the agency which will recom-
34 mend action with regard to the addition of the species to or removal of
35 the species from the list. All documents within the control and custody of
36 the secretary that pertain to adding the species to or removing the species
37 from the list shall be made available to the public in a local repository,
38 such as a public library, courthouse or regional office of the department.
39 The secretary shall also mail a notice of the proposed addition of the
40 species to or removal of the species from the list to federal and state
41 agencies and local and tribal governments that are or may be affected by
42 results of the review and to all individuals and organizations that have
43 requested notification of department action regarding the administration
1 of this act. The secretary shall also issue news releases to publicize the
2 proposed addition of the species to or removal of the species from the list.
3 (3) Upon the petition of an interested person, the secretary shall con-
4 duct a review of any listed or unlisted species of wildlife proposed to be
5 removed from or added to either of the lists adopted pursuant to this
6 subsection (c), but only if the secretary makes a determination and pub-
7 lishes a public notice that such person has presented substantial evidence
8 which warrants such a review. Once the secretary has made a determi-
9 nation that a review is warranted, the process described in subsection
10 (c)(2), including the conducting of a public information meeting, shall
12 (d) Every five years the secretary shall conduct a review of the species
13 listed pursuant to this act (except for those species listed pursuant to the
14 federal endangered species act of 1973, as amended) and shall submit any
15 proposed changes in the listings to the following for consideration: (1)
16 Federal and state agencies and local and tribal governments that are or
17 may be affected by results of the change; and (2) all individuals and or-
18 ganizations that have requested notification of departmental action re-
19 garding administration of this act. After at least 90 days for comment by
20 the agencies, governments, individuals and organizations to which the
21 proposed changes are submitted, the secretary shall submit to the com-
22 mission proposed rules and regulations making any changes that the sec-
23 retary determines should be made in the listings.
24 New Sec. 3. (a) On or before January 1, 1998, the secretary shall
25 adopt, in accordance with K.S.A. 32-805 and amendments thereto,
26 rules and regulations establishing procedures for developing and imple-
27 menting recovery plans for all species listed as in need of conservation,
28 threatened or endangered. The secretary shall give priority to develop-
29 ment of recovery plans for particular species based on a cumulative as-
30 sessment of the scientific evidence available. Based on the priority rank-
31 ing, the secretary shall develop and begin implementation of recovery
32 plans for at least two listed species on or before January 1, 1999.
33 (b) Whenever a species is added to the list of threatened or endan-
34 gered species, the secretary shall establish a volunteer local advisory com-
35 mittee composed of members broadly representative of the area affected
36 by the addition of the species to the list. Members shall include repre-
37 sentatives of specialists from academic institutions, agribusiness and other
38 trade organizations, state environmental and conservation organizations
39 and other interested organizations and individuals. In addition, the mem-
40 bership shall include, if appropriate, landowners and public officials rep-
41 resenting state, local and tribal governments. To the maximum extent
42 possible, committee membership shall evenly balance the interests of all
43 potentially affected groups and institutions.
1 (c) The advisory committee shall: (1) Work with the secretary to adapt
2 the listing of the species and the recovery plan for the species to the social
3 and economic conditions of the affected area; and (2) disseminate infor-
4 mation to the public about the scientific basis of the decision to list the
5 species, the regulatory process and incentives available to landowners
6 pursuant to this act.
7 (d) If a species in need of conservation receives a priority ranking to
8 develop and begin implementation of a recovery plan, the secretary shall
9 establish a volunteer local advisory committee in the same manner as
10 provided by subsection (b) to work with the secretary to adapt the recov-
11 ery plan and disseminate information to the public.
12 (e) In implementing a recovery plan for a species, the secretary shall
13 consider any data, recommendations and information provided by the
14 advisory committee.
15 New Sec. 4. The secretary shall adopt, in accordance with K.S.A.
16 32-805 and amendments thereto, rules and regulations establishing
17 those guidelines prescribed in the operational directive of the secretary
18 dated January 18, 1996, as the guidelines for law enforcement actions and
19 permit requirements relating to the species listed as threatened or en-
20 dangered pursuant to the Kansas nongame and endangered species con-
21 servation act and based on a determination of ``intent'' as it relates to
22 lawful activities associated with normal farming and ranching
23 treatment practices. In addition, such rules and regulations incor-
24 porating the operational directive shall establish guidelines for en-
25 forcement activities related to development of residential and com-
26 mercial property on privately owned property financed with
27 private, nonpublic funds.
28 Sec. 5. K.S.A. 32-962 is hereby amended to read as follows: 32-962.
29 (a) The secretary shall establish such programs, including acquisition of
30 land or aquatic habitat, as are deemed necessary for the conservation of
31 nongame, threatened and endangered species. The secretary shall utilize
32 all authority vested in the secretary by the laws of this state to carry out
33 the purposes of this section with the exception that the secretary shall
34 not utilize the power of eminent domain to carry out such programs
35 unless a specific authorization and appropriation is made therefor by the
37 (b) (1) In carrying out programs authorized by this section, the sec-
38 retary may enter into agreements with federal agencies, other states, other
39 state agencies, political subdivisions of this state or with private persons
40 for administration and management of any area established under this
41 section or utilized for conservation of nongame , species, species in need
42 of conservation or threatened or endangered species. Such programs shall
43 include, but not be limited to, the following conservation agreements:
1 (A) Prelisting conservation agreement: An agreement identifying land
2 where the contracting entity agrees to carry out management activities
3 that increase the likelihood of species survival before a species is listed as
4 threatened or endangered. The intent of such agreement would be to allow
5 the contracting entity to carry out management activities specified in the
6 agreement during the life of the agreement without penalties of law en-
7 forcement action or permitting requirements if the species is listed at a
8 later date.
9 (B) Safe harbor agreement: An agreement in which the contracting
10 entity agrees to maintain or enhance suitable, but currently unoccupied,
11 habitat for a species listed as in need of conservation, threatened or en-
12 dangered so as to increase utilization of the habitat by a listed species.
13 The intent of such agreement would be to protect the contracting entity
14 from any restrictions on land use that might otherwise occur if a listed
15 species immigrates into the habitat.
16 (C) No take agreement: An agreement allowing the contracting entity
17 to implement voluntary management activities that maintain, enhance, set
18 aside or create habitat for species listed as in need of conservation, threat-
19 ened or endangered. The intent of such agreement would be to provide
20 assurance that the management activities specified in the agreement
21 would not lead to penalties of law enforcement action or permitting
22 requirements if future changes in land use are needed.
23 (2) The initial term of any agreement pursuant to subsection (b)(1)
24 shall be five years. An agreement may be continued, with or without
25 modification, after the five-year term, subject to review and determination
26 by all parties. In the absence of a mutually satisfactory determination by
27 the parties that an agreement should continue, the agreement will ter-
29 (c) The governor shall review other programs administered by the
30 governor and utilize such programs in furtherance of the purposes of the
31 nongame and endangered species conservation act. All state agencies shall
32 cooperate with the secretary in furtherance of the conservation of non-
33 game, threatened and endangered species.
34 New Sec. 6. (a) There shall be allowed two types of credits against
35 the tax liability of a taxpayer imposed under the Kansas income tax act
36 related to real property that is both:
37 (1) Designated by the secretary of wildlife and parks pursuant to the
38 nongame and endangered species conservation act as critical habitat for
39 a threatened or endangered species or certified by the secretary of wildlife
40 and parks as land known to support populations of species in need of
41 conservation; and
42 (2) included in management activities as part of a recovery plan, or
43 an agreement identified in subsection (b) of K.S.A. 32-962 and amend-
1 ments thereto, as approved by the secretary of wildlife and parks, for a
2 species listed as threatened, endangered or in need of conservation pur-
3 suant to the nongame and endangered species conservation act.
4 (b) There shall be allowed as an annual credit against the tax liability
5 of a taxpayer imposed an amount equal to the total amount paid by the
6 taxpayer during the taxable year for ad valorem taxes and assessments that
7 are imposed by the state or by any political or taxing subdivision of the
8 state or related to real property described in subsection (a) for each year
9 that the management activities specified in the recovery plan or agree-
10 ment described in subsection (a)(2) remain in effect and apply to such
11 real property. The credit allowed by this subsection shall not exceed the
12 amount of tax imposed under the Kansas income tax act reduced by the
13 sum of any other credits allowable pursuant to law.
14 (c) There shall be allowed as a credit against the tax liability of a
15 taxpayer imposed under the Kansas income tax act an amount equal to
16 costs incurred by the taxpayer for habitat management or construction
17 and maintenance of improvements on real property described in subsec-
18 tion (a). Such costs shall be for management or improvements in accor-
19 dance with management activities as a part of a recovery plan or conser-
20 vation agreement identified in subsection (b) of K.S.A. 32-962 and
21 amendments thereto, as approved by the secretary of wildlife and parks,
22 for a species listed as threatened, endangered or in need of conservation
23 pursuant to the nongame and endangered species conservation act. The
24 tax credit allowed by this subsection shall be deducted from the taxpayer's
25 income tax liability for the taxable year in which the expenditures are
26 made by the taxpayer. If the amount of such tax credit exceeds the tax-
27 payer's income tax liability for such taxable year, the taxpayer may elect,
28 at the time of filing the initial return upon which the credit is claimed,
29 to: (1) Carry over the amount thereof that exceeds such tax liability for
30 deduction from the taxpayer's income tax liability in the next succeeding
31 taxable year or years until the total amount of the tax credit has been
32 deducted from tax liability; or (2) receive reimbursement of the amount
33 thereof that exceeds such tax liability, to be paid from amounts appro-
34 priated to the secretary of revenue for that purpose upon warrants of the
35 director of accounts and reports issued pursuant to vouchers approved
36 by the secretary or a person or persons designated by the secretary.
37 (d) The provisions of this section shall be applicable to all taxable
38 years commencing after December 31, 1997, but before January 1, 2003.
39 Sec. 7. K.S.A. 32-957, 32-960 and 32-962 and K.S.A. 1996 Supp. 32-
40 963a are hereby repealed.
41 Sec. 8. This act shall take effect and be in force from and after its
42 publication in the Kansas register.