Session of 1999
Substitute for HOUSE BILL No. 2480
By Committee on Environment
9 AN ACT concerning big game; eliminating certain fees; relating to big
10 game control permits; amending K.S.A. 1998 Supp. 32-937 and 32-
11 988 and repealing the existing sections.
13 Be it enacted by the Legislature of the State of Kansas:
14 Section 1. K.S.A. 1998 Supp. 32-937 is hereby amended to read as
15 follows: 32-937. (a) When used in this section:
16 (1) "Landowner" means a resident owner of farm or ranch land of
17 80 acres or more located in the state of Kansas.
18 (2) "Tenant" means a resident of this state who is actively engaged
19 in the agricultural operation of 80 acres or more of Kansas farm or ranch
20 land for the purpose of producing agricultural commodities or livestock
21 and who: (A) Has a substantial financial investment in the production of
22 agricultural commodities or livestock on such farm or ranch land and the
23 potential to realize substantial financial benefit from such production; or
24 (B) is a bona fide manager having an overall responsibility to direct, su-
25 pervise and conduct such agricultural operation and has the potential to
26 realize substantial benefit from such production in the form of salary,
27 shares of such production or some other economic incentive based upon
28 such production.
29 (3) "Regular season" means a statewide big game hunting season au-
30 thorized annually which may include one or more seasons restricted to
31 specific types of equipment.
32 (4) "Special season" means a big game hunting season in addition to
33 a regular season authorized on an irregular basis or at different times of
34 the year other than the regular season.
35 (5) "General permit" means a big game hunting permit available to
36 Kansas residents not applying for big game permits as a landowner or
38 (6) "Nonresident landowner" means a nonresident of the state of
39 Kansas who owns farm or ranch land of 80 acres or more which is located
40 in the state of Kansas.
41 (7) "Nonresident permit" means a big game hunting permit available
42 to individuals who are not Kansas residents.
43 (b) Except as otherwise provided by law or rules and regulations of
Sub. HB 2480 2
1 the secretary and in addition to any other license, permit or stamp re-
2 quired by law or rules and regulations of the secretary, a valid big game
3 permit and game tags are required to take any big game in this state.
4 (c) The fee for big game permits and game tags shall be the amount
5 prescribed pursuant to K.S.A. 32-988, and amendments thereto.
6 (d) A big game permit and game tags are valid throughout the state
7 or such portion thereof as provided by rules and regulations adopted by
8 the secretary in accordance with K.S.A. 32-805 and amendments thereto.
9 (e) Unless otherwise provided by law or rules and regulations of the
10 secretary, a big game permit and game tags are valid from the date of
11 issuance and shall expire at the end of the season for which issued.
12 (f) The secretary may adopt, in accordance with K.S.A. 32-805, and
13 amendments thereto, rules and regulations for each regular or special big
14 game hunting season and for each management unit regarding big game
15 permits and game tags. The secretary is hereby authorized to issue big
16 game permits and game tags pertaining to the taking of big game. Sep-
17 arate big game permits and game tags may be issued for each species of
18 big game. No big game permits or game tags shall be issued until the
19 secretary has established, by rules and regulations adopted in accordance
20 with K.S.A. 32-805, and amendments thereto, a regular or special big
21 game hunting season.
22 (g) The secretary may authorize, by rule and regulation adopted in
23 accordance with K.S.A. 32-805, and amendments thereto, landowner or
24 tenant hunt-on-your-own-land big game permits. Such permits and ap-
25 plications may contain provisions and restrictions as prescribed by rule
26 and regulation adopted by the secretary in accordance with K.S.A. 32-
27 805, and amendments thereto.
28 (h) The secretary may authorize, by rule and regulation adopted in
29 accordance with K.S.A. 32-805 and amendments thereto, special land-
30 owner or tenant hunt-on-your-own-land deer permits. Such special per-
31 mits shall not be issued to landowners or tenants in possession of a hunt-
32 on-your-own-land deer permit as authorized in subsection (g). The special
33 permits shall be transferable to any immediate family member of the
34 landowner or tenant, whether or not a Kansas resident, or the permit may
35 be retained for use by the landowner or tenant. The special permits shall
36 be transferable through the secretary at the request of the landowner or
37 tenant and by paying the required fee for a general deer permit
additional payment of the permit transfer fee. The special permits and
39 applications may contain provisions and restrictions as prescribed by rule
40 and regulation adopted by the secretary in accordance with K.S.A. 32-
41 805 and amendments thereto. For the purposes of this subsection, "mem-
42 ber of the immediate family" means lineal or collateral ascendants or
43 descendants, and their spouses.
Sub. HB 2480 3
1 (i) Fifty percent of the big game permits authorized for a regular
2 season in any management unit shall be issued to landowners or tenants,
3 provided that a limited number of big game permits have been authorized
4 and landowner or tenant hunt-on-your-own-land big game permits for
5 that unit have not been authorized. A landowner or tenant is not eligible
6 to apply for a big game permit as a landowner or as a tenant in a man-
7 agement unit other than the unit or units which includes such landowner's
8 or tenant's land. Any big game permits not issued to landowners or ten-
9 ants within the time period prescribed by rule and regulation may be
10 issued without regard to the 50% limitation.
11 (j) Members of the immediate family who are domiciled with a land-
12 owner or tenant may apply for a big game permit as a landowner or as a
13 tenant, but the total number of permits issued to a landowner or tenant
14 and a landowner's or tenant's immediate family shall not exceed one per-
15 mit for each 80 acres owned by such landowner or operated by such
16 tenant. The secretary may require proof of ownership or tenancy from
17 individuals applying for a big game permit as a landowner or as a tenant.
18 (k) The secretary may issue permits for deer or turkey to nonresident
19 landowners, but any such permit shall be restricted to hunting only on
20 lands owned by the nonresident landowner.
21 (l) The secretary may issue turkey hunting permits to nonresidents
22 in turkey management units with unlimited turkey hunting permits
24 (m) The secretary may issue deer hunting permits to nonresidents,
25 subject to the following limitations:
26 (1) The total number of nonresident deer firearm permits of each
27 type specified by rules and regulations that may be issued for a deer
28 season in a management unit shall not exceed 5% of the total number of
29 resident deer firearm permits of such type authorized for such season in
30 such management unit; and
31 (2) the total number of nonresident deer archery permits of each type
32 specified by rules and regulations that may be issued for a deer season in
33 a management unit shall not exceed 5% of the total number of resident
34 deer archery permits of such type authorized for such season in such
35 management unit.
36 Nonresident deer archery permits may be restricted to a particular deer
37 species without regard to resident deer archery permit species restric-
38 tions, or lack thereof.
39 If an unlimited number of resident deer permits is authorized for a
40 deer season or management unit, the percentage limitations of subsec-
41 tions (m)(1) and (m)(2) shall be based upon the total number of resident
42 firearm permits and the total number of archery permits, respectively,
43 issued in the management unit during the most recent preceding similar
Sub. HB 2480 4
1 season. If in a management unit there are an unlimited number of game
2 tags available to residents, the secretary, in the secretary's discretion and
3 in accordance with rules and regulations, may authorize the issuance of
4 an unlimited number of deer tags for such unit to nonresidents.
5 (n) Any nonresident deer hunting permits authorized under subsec-
6 tion (m) that remain unissued due to an insufficient number of nonresi-
7 dent applications as of a deadline determined by the secretary, shall be
8 made available to residents.
9 (o) No big game permit issued to a person under 14 years of age shall
10 be valid until such person reaches 14 years of age, except that a person
11 who is 12 years or 13 years of age and has been issued a certificate of
12 completion of an approved hunter education course may be issued: (1) A
13 deer archery permit if the person submits to the secretary evidence, sat-
14 isfactory to the secretary, of completion of a bow hunting safety education
15 course; or (2) a wild turkey firearm permit. Such deer archery permit or
16 turkey firearm permit shall be valid only while the individual is hunting
17 under the immediate supervision of an adult who is 21 years of age or
19 (p) A big game permit shall state the species, number and sex of the
20 big game which may be killed by the permittee. The secretary may furnish
21 an informational card with any big game permit and, at the conclusion of
22 the open season, each permittee receiving such card shall return the card
23 to the department, giving such information as is called for on the card.
24 (q) The permittee shall permanently affix the game tag to the carcass
25 of any big game immediately after killing and thereafter, if required by
26 rules and regulations, the permittee shall immediately take such killed
27 game to a check station as required in the rules and regulations, where a
28 check station tag shall be affixed to the game carcass if the kill is legal.
29 The tags shall remain affixed until the carcass is consumed or processed
30 for storage.
31 (r) The provisions of this section do not apply to big game animals
32 sold in surplus property disposal sales of department exhibit herds or big
33 game animals legally taken outside this state.
34 Sec. 2. K.S.A. 1998 Supp. 32-988 is hereby amended to read as fol-
35 lows: 32-988. (a) The secretary is authorized to adopt, in accordance with
36 K.S.A. 32-805 and amendments thereto, rules and regulations fixing the
37 amount of fees for the following items, subject to the following limitations
38 and subject to the requirement that no such rules and regulations shall
39 be adopted as temporary rules and regulations:
40 Big game permits
41 Resident: minimum $10, maximum $100
42 Nonresident: minimum $30, maximum $400
43 Big game tag: maximum $10
Sub. HB 2480 5
1 Nonresident applications: maximum $5
Transfer fee: minimum $10, maximum $40
3 Combination hunting and fishing licenses
4 Resident: minimum $10, maximum $30
5 Lifetime: minimum $400, maximum $600; or 8 quarterly payments, each minimum $55,
6 maximum $80
7 Nonresident: minimum $75, maximum $125
8 Commercial dog training permits: minimum $10, maximum $25
9 Commercial guide permit or associate guide permit: maximum $50
10 Commercial harvest or dealer permits: minimum $10, maximum $200
11 Commercial prairie rattlesnake harvesting permits
12 Resident or nonresident with valid hunting license: maximum $5
13 Resident or nonresident nonfirearm without valid hunting license: maximum $20
14 Controlled shooting area operator license: minimum $200, maximum $400
15 Duplicate licenses, permits, stamps and other issues of the department: maximum $10
17 Permits: minimum $50, maximum $300
18 Examinations: minimum $25, maximum $100
19 Field trial permits: minimum $10, maximum $25
20 Fishing licenses
21 Resident: minimum $5, maximum $15
22 Lifetime: minimum $200, maximum $300; or 8 quarterly payments, each minimum $30,
23 maximum $45
24 Nonresident: minimum $15, maximum $50
25 Five-day nonresident: minimum $5, maximum $15
26 Institutional group: minimum $100, maximum $200
27 Special nonprofit group: minimum $50, maximum $200
28 Twenty-four-hour: maximum $3
29 Fur dealer licenses
30 Resident: minimum $50, maximum $200
31 Nonresident: minimum $50, maximum $400
32 Furharvester licenses
33 Resident: minimum $10, maximum $20
34 Nonresident: minimum $50, maximum $400
35 Game breeder permits: minimum $2, maximum $15
36 Handicapped hunting and fishing permits: maximum $5
37 Hound trainer-breeder running permits: minimum $10, maximum $25
38 Hunting licenses
39 Resident: minimum $5, maximum $15
40 Lifetime: minimum $200, maximum $300; or 8 quarterly payments, each minimum $30,
41 maximum $45
42 Nonresident: minimum $25, maximum $75
43 Controlled shooting area: minimum $5, maximum $15
Sub. HB 2480 6
1 Forty-eight-hour waterfowl permits: maximum $25
2 Migratory waterfowl habitat stamps: minimum $3, maximum $5
3 Mussel fishing licenses
4 Resident: minimum $25, maximum $200
5 Nonresident: minimum $50, maximum $1,500
6 Rabbit permits
7 Live trapping: maximum $200
8 Shipping: minimum $25, maximum $400
9 Raptor propagation permits: maximum $100
10 Rehabilitation permits: maximum $50
11 Scientific, educational or exhibition permits: maximum $10
12 Wildlife damage control permits: maximum $10
13 Wildlife importation permits: maximum $10
14 Special permits under K.S.A. 32-961: maximum $100
15 Miscellaneous fees
16 Special events on department land or water: maximum $200
17 Special departmental services, materials or supplies: no maximum
18 Other issues of department: no maximum
19 Vendor bond: no maximum
20 (b) The fee for a landowner-tenant resident big game hunting permit
21 shall be an amount equal to 1/2 the fee for a general resident big game
22 hunting permit.
23 (c) The fee for a furharvester license for a resident under 16 years of
24 age shall be an amount equal to 1/2 the fee for a resident furharvester
26 (d) The secretary may establish, by rules and regulations adopted in
27 accordance with K.S.A. 32-805 and amendments thereto, different fees
28 for various classes and types of licenses, permits, stamps and other issu-
29 ances of the department which may occur within each item as described
30 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.
36 New Sec. 3. (a) As used in this section, terms have the meanings
37 provided by K.S.A. 32-701 and amendments thereto.
38 (b) It shall be a goal of the department to manage big game popu-
39 lations in the state at levels consistent with existing habitat and landowner
40 and community tolerance. For this purpose, the secretary is authorized
41 to issue big game control permits, in addition to big game permits and
42 game tags issued during regularly designated hunting seasons.
43 (c) For each big game control permit issued, the secretary may des-
Sub. HB 2480 7
1 ignate the period of time, the location and the number and type of big
2 game that may be harvested. Use of any big game control permit shall
3 require the permission of the landowner or tenant of the property where
4 it is to be used.
5 (d) The secretary shall consult with representatives of farming and
6 ranching organizations, county and city government associations and
7 hunting organizations in the development, modification and implemen-
8 tation of a big game control permit program.
9 (e) The secretary, in accordance with K.S.A. 32-805 and amendments
10 thereto, may adopt such rules and regulations as necessary to implement
11 to provisions of this section. Such rules and regulations shall not require
12 an applicant for a big game control permit to attempt to alleviate a prob-
13 lem with big game using any means other than hunting during the regular
14 firearms season for the appropriate species of big game animal.
15 Sec. 4. K.S.A. 1998 Supp. 32-937 and 32-988 are hereby repealed.
16 Sec. 5. This act shall take effect and be in force from and after its
17 publication in the statute book.