Session of 1999

HOUSE BILL No. 2492

      An Act concerning wildlife; relating to certain licenses, permits, stamps and other issues
      of the department; amending K.S.A. 32-911 and K.S.A. 1998 Supp. 32-930, 32-980, 32-
      988 and 32-992 and repealing the existing sections.


     
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 32-911 is hereby amended to read as follows: 32-
911. (a) Except as otherwise provided by law or rules and regulations of
the secretary, a valid Kansas furharvester license is required to:

      (1) Furharvest in this state; or

      (2) sell, ship or offer for sale or shipment any furbearing animal or
its raw fur, pelt, skin or carcass.

      (b) The provisions of subsection (a)(1) do not apply to furharvesting
by:

      (1) A person, or a member of a person's immediate family domiciled
with such person, on land owned by such person or on land leased or
rented by such person for agricultural purposes;

      (2) a resident of this state who is less than 14 years of age and is
accompanied by a person holding a valid furharvester license;

      (3) a nonresident participating in a field trial for dogs, recognized by
rules and regulations adopted by the secretary in accordance with K.S.A.
32-805 and amendments thereto; or

      (4) a person authorized pursuant to subsection (g).

      (c) The fee for a furharvester license shall be the amount prescribed
pursuant to K.S.A. 32-988 and amendments thereto.

      (d) The provisions of subsection (a)(2) shall not apply to nonresidents
selling to Kansas-licensed fur dealers furbearing animals or their raw furs,
pelts, skins or carcasses legally taken in another state if such nonresident
has been issued and is in possession of a valid license permitting the taking
or selling of such animals, furs, pelts, skins or carcasses in the issuing
state.

      (e) Unless otherwise provided by law or rules and regulations of the
secretary, a furharvester license is valid throughout the state.

      (f) Unless otherwise provided by law or rules and regulations of the
secretary, a furharvester license is valid from the date of issuance and
expires on December 31 following its issuance, except that a permanent
license may be issued by the secretary pursuant to K.S.A. 32-929 and
amendments thereto and a lifetime license may be issued by the secretary
pursuant to K.S.A. 32-930 and amendments thereto.

      (g) The secretary shall adopt rules and regulations in accordance with
K.S.A. 32-805 and amendments thereto which authorize individuals not
holding a valid furharvester license to accompany a person holding such
a license.

      Sec.  2. K.S.A. 1998 Supp. 32-930 is hereby amended to read as fol-
lows: 32-930. (a) Except as provided in subsection (b), the secretary or
the secretary's designee is authorized to issue to any Kansas resident a
lifetime fishing, hunting or furharvester or combination hunting and fish-
ing license upon proper application made therefor to the secretary or the
secretary's designee and payment of a license fee as follows: (1) A total
payment made at the time of purchase in the amount prescribed pursuant
to K.S.A. 32-988 and amendments thereto; or (2) payment may be made
over a two-year period in eight quarter-annual installments in the amount
prescribed pursuant to K.S.A. 32-988 and amendments thereto. If pay-
ment is in installments, the license shall not be issued until the final
installment has been paid. A person making installment payments shall
not be required to obtain the appropriate annual license, and each in-
stallment payment shall be deemed to be such an annual license for a
period of one year following the date of the last installment payment
made. If an installment payment is not received within 30 days after it is
due and owing, the secretary may consider the payments in default and
may retain any payments previously received. Any lifetime license issued
to a Kansas resident shall not be made invalid by reason of the holder
thereof subsequently residing outside the state of Kansas. Any nonresi-
dent holder of a Kansas lifetime hunting or combination hunting and
fishing license shall be eligible under the same conditions as a Kansas
resident for a big game permit upon proper application to the secretary.
Any nonresident holder of a lifetime fishing license issued before July 1,
1989, shall be eligible under the same conditions as a Kansas resident for
a big game permit upon proper application to the secretary.

      (b) Upon request of the secretary of social and rehabilitation services,
the secretary of wildlife and parks shall not issue a lifetime fishing, hunting
or furharvester or combination hunting and fishing license to an applicant
except as provided in this subsection. The secretary of social and reha-
bilitation services may make such a request if, at the time of the request,
the applicant owed arrearages under a support order in a title IV-D case
being administered by the secretary of social and rehabilitation services
or had outstanding a warrant or subpoena, directed to the applicant, in a
title IV-D case being administered by the secretary of social and reha-
bilitation services.

      Upon receiving a release from an authorized agent of the secretary of
social and rehabilitation services, the secretary of wildlife and parks may
issue the lifetime fishing, hunting or furharvester or combination hunting
and fishing license. The applicant shall have the burden of obtaining and
delivering the release.

      The secretary of social and rehabilitation services shall issue a release
upon request if, as appropriate:

      (1) The arrearages are paid in full or a tribunal of competent juris-
diction has determined that no arrearages are owed;

      (2) an income withholding order has been served upon the applicant's
current employer or payor;

      (3) an agreement has been completed or an order has been entered
setting minimum payments to defray the arrearages, together with receipt
of the first minimum payment; or

      (4) the applicant has complied with the warrant or subpoena or the
warrant or subpoena has been quashed or withdrawn.

      Nothing in this subsection shall be construed to require or permit the
secretary of wildlife and parks to determine any issue related to the title
IV-D case except to resolve questions of mistaken identity or determine
the adequacy of any notice relating to this subsection that the secretary
of wildlife and parks provides to the applicant.

      "Title IV-D" means part D of title IV of the federal social security act
(42 U.S.C. 651 et seq.) and amendments thereto, as in effect on May
1, 1997, relating to child support enforcement services.

      (c) The secretary, in accordance with K.S.A. 32-805 and amendments
thereto, may adopt rules and regulations necessary to carry out the pro-
visions of this section.

      Sec.  3. K.S.A. 1998 Supp. 32-980 is hereby amended to read as fol-
lows: 32-980. (a) The secretary shall adopt, in accordance with K.S.A. 32-
805 and amendments thereto, rules and regulations prescribing:

      (1) Procedures for, the form and content of and the requirements for
applications for licenses, permits, stamps and other issues of the depart-
ment, and duplicates thereof; and

      (2) procedures for issuance of and the form and content of licenses,
permits, stamps and other issues of the department, and duplicates
thereof.

      (b) The secretary shall provide for both resident and nonresident li-
censes, permits, stamps and other issues of the department, and dupli-
cates thereof, except that:

      (1) A nonresident who is on active duty with any branch or depart-
ment of the armed forces of the United States while stationed within this
state may purchase licenses, permits, stamps and other issues of the de-
partment, except a lifetime fishing, hunting or furharvester or combina-
tion hunting and fishing license as provided in K.S.A. 32-930 and amend-
ments thereto, and may engage in any activity authorized by such license,
permit, stamp or other issue under the same conditions as a resident of
this state. Such person shall carry in the person's possession when fishing
or, hunting or furharvesting such license, permit, stamp or other issue
and a card or other evidence identifying such person as being on active
duty in the armed forces of the United States.

      (2) A person who is on active duty with any branch or department of
the armed forces of the United States and who was a resident of this state
immediately prior to entry into the armed forces, and any member of the
immediate family of such person who is domiciled with such person,
may purchase licenses, permits, stamps and other issues of the depart-
ment and may engage in any activity authorized by such license, permit,
stamp or other issue under the same conditions as a resident of this state.

      (3) A nonresident who is a registered full time student in residence
of a public or private secondary, postsecondary or vocational school lo-
cated in this state may purchase licenses, permits, stamps and other issues
of the department, except a lifetime fishing, hunting or furharvester or
combination hunting and fishing license as provided in K.S.A. 32-930 and
amendments thereto, and may engage in any activity authorized by such
license, permit, stamp or other issue under the same conditions as a res-
ident of this state. Such person shall carry in the person's possession when
fishing or, hunting or furharvesting such license, permit, stamp or other
issue and a card or other evidence identifying such person as a full time
student.

      Sec.  4. K.S.A. 1998 Supp. 32-988 is hereby amended to read as fol-
lows: 32-988. (a) The secretary is authorized to adopt, in accordance with
K.S.A. 32-805 and amendments thereto, rules and regulations fixing the
amount of fees for the following items, subject to the following limitations
and subject to the requirement that no such rules and regulations shall
be adopted as temporary rules and regulations:

Big game permits

            Resident: minimum $10, maximum $100

            Nonresident: minimum $30, maximum $400

            Big game tag: maximum $10

            Nonresident applications: maximum $5

            Transfer fee: minimum $10, maximum $40

      Combination hunting and fishing licenses

            Resident: minimum $10, maximum $30

            Lifetime: minimum $400, maximum $600; or 8 quarterly payments, each minimum $55,
            maximum $80

            Nonresident: minimum $75, maximum $125

      Commercial dog training permits: minimum $10, maximum $25

      Commercial guide permit or associate guide permit: maximum $50

      Commercial harvest or dealer permits: minimum $10, maximum $200

      Commercial prairie rattlesnake harvesting permits

            Resident or nonresident with valid hunting license: maximum $5

            Resident or nonresident nonfirearm without valid hunting license: maximum $20

      Controlled shooting area operator license: minimum $200, maximum $400

      Duplicate licenses, permits, stamps and other issues of the department: maximum $10

      Falconry

            Permits: minimum $50, maximum $300

            Examinations: minimum $25, maximum $100

      Field trial permits: minimum $10, maximum $25

      Fishing licenses

            Resident: minimum $5, maximum $15

            Lifetime: minimum $200, maximum $300; or 8 quarterly payments, each minimum $30,
            maximum $45

            Nonresident: minimum $15, maximum $50

            Five-day nonresident: minimum $5, maximum $15

            Institutional group: minimum $100, maximum $200

            Special nonprofit group: minimum $50, maximum $200

            Twenty-four-hour: maximum $3

      Fur dealer licenses

            Resident: minimum $50, maximum $200

            Nonresident: minimum $50, maximum $400

      Furharvester licenses

            Resident: minimum $10, maximum $20

            Lifetime: minimum $200, maximum $300; or 8 quarterly payments, each minimum, $30,
            maximum $45

            Nonresident: minimum $50, maximum $400

      Game breeder permits: minimum $2, maximum $15

      Handicapped hunting and fishing permits: maximum $5

      Hound trainer-breeder running permits: minimum $10, maximum $25

      Hunting licenses

            Resident: minimum $5, maximum $15

            Lifetime: minimum $200, maximum $300; or 8 quarterly payments, each minimum $30,
            maximum $45

            Nonresident: minimum $25, maximum $75

            Controlled shooting area: minimum $5, maximum $15

            Forty-eight-hour waterfowl permits: maximum $25

      Migratory waterfowl habitat stamps: minimum $3, maximum $5

      Mussel fishing licenses

            Resident: minimum $25, maximum $200

            Nonresident: minimum $50, maximum $1,500

      Rabbit permits

            Live trapping: maximum $200

            Shipping: minimum $25, maximum $400

      Raptor propagation permits: maximum $100

      Rehabilitation permits: maximum $50

      Scientific, educational or exhibition permits: maximum $10

      Wildlife damage control permits: maximum $10

      Wildlife importation permits: maximum $10

      Special permits under K.S.A. 32-961: maximum $100

      Miscellaneous fees

            Special events on department land or water: maximum $200

            Special departmental services, materials or supplies: no maximum

            Other issues of department: no maximum

            Vendor bond: no maximum

            (b) The fee for a landowner-tenant resident big game hunting permit
shall be an amount equal to 1/2 the fee for a general resident big game
hunting permit.

      (c) The fee for a furharvester license for a resident under 16 years of
age shall be an amount equal to 1/2 the fee for a resident furharvester
license.

      (d) The secretary may establish, by rules and regulations adopted in
accordance with K.S.A. 32-805 and amendments thereto, different fees
for various classes and types of licenses, permits, stamps and other issu-
ances of the department which may occur within each item as described
under subsection (a).

      (e) The fee for a nonprofit group fishing license issued under sub-
section (h) of K.S.A. 32-906 and amendments thereto shall be $50 for
calendar year 1995.

      (f) The fee for a nonresident mussel fishing license shall be $1,000
from the effective date of this act through calendar year 1995.

      (g) The fee for a lifetime furharvester license shall be $240 from the
effective date of this act through calendar year 1999.

      Sec.  5. K.S.A. 1998 Supp. 32-992 is hereby amended to read as fol-
lows: 32-992. (a) All license fees from the sale of lifetime hunting, fishing
or furharvester or combination hunting and fishing licenses shall be re-
mitted in accordance with the provisions of K.S.A. 75-4215, and amend-
ments thereto, to the state treasurer. The state treasurer shall deposit the
entire amount in the state treasury and credit:

      (1) To the wildlife fee fund, an amount equal to the amount obtained
by multiplying the number of such lifetime licenses issued by the current
fee for an annual fishing, hunting or furharvester or combination hunting
and fishing license; and

      (2) to the wildlife conservation fund, which is hereby created, the
remaining balance.

      (b) On or before the 10th of each month, the director of accounts
and reports shall transfer from the state general fund to the wildlife con-
servation fund interest earnings based on:

      (1) The average daily balance of moneys in the wildlife conservation
fund for the preceding month; and

      (2) the net earnings rate of the pooled money investment portfolio
for the preceding month.

      (c) All expenditures from the wildlife conservation fund shall be made
in accordance with appropriations acts upon warrants of the director of
accounts and reports issued pursuant to vouchers approved by the sec-
retary.

      Sec.  6. K.S.A. 32-911 and K.S.A. 1998 Supp. 32-930, 32-980, 32-988
and 32-992 are hereby repealed.

      Sec.  7. This act shall take effect and be in force from and after its
publication in the statute book.

I hereby certify that the above BILL originated in the
HOUSE, and passed that body

____________________________________

HOUSE adopted
Conference Committee Report ______________________________

__________________________________
Speaker of the House
__________________________________
Chief Clerk of the House

Passed the SENATE
     as amended ______________________________SENATE adopted
Conference Committee Report ______________________________

__________________________________
President of the Senate
__________________________________
Secretary of the Senate

APPROVED ______________________________

__________________________________
Governor