HOUSE BILL No. 2976
(Amended by Chapter 159)
An Act concerning animals; relating to penalty for taking trophy
big game; penalty for
importation or possession of feral swine; amending K.S.A. 32-1032
and K.S.A. 1999
Supp. 47-1809 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 32-1032 is hereby
amended to read as follows: 32-
1032. (a) Violation of any provision of the wildlife and
parks laws of this
state or rules and regulations of the secretary relating to big
and game tags is a misdemeanor, subject to the provisions of
(b), punishable by a fine of not less than $250 nor more
than $1,000 or
by imprisonment in the county jail for not more than six months, or
(b) (1) In addition to any other
penalty prescribed by law, the un-
lawful intentional taking of a trophy big game animal shall be
by a fine of $5,000.
(2) A trophy big game animal shall
include any animal meeting the
(A) An antlered whitetail deer having
an inside spread measurement
of at least 17 inches;
(B) an antlered mule deer having an
inside spread measurement of at
least 22 inches;
(C) an antlered elk having at least
six points on one antler; or
(D) an antelope having at least one
horn greater than 14 inches in
(3) The secretary may adopt, in
accordance with K.S.A. 32-805, and
amendments thereto, such rules and regulations that the
necessary to implement and define the terms of this
Sec. 2. K.S.A. 1999 Supp. 47-1809
is hereby amended to read as
follows: 47-1809. (a) As used in this section, ``feral swine''
untamed or undomesticated hog, boar or pig.
(b) Importation or possession, or both,
of feral swine into the state
of Kansas is a violation of state law, which may incur a civil
penalty in the
amount of not less than
$250 $1,000 nor
more than $1,000 $5,000 for
each such violation. In the case of a continuing violation, every
violation continues shall be deemed a separate violation.
(c) Any duly authorized agent of the
livestock commissioner, upon a
finding that any person, or agent or employee thereof, has violated
of the provisions stated above, may impose a civil penalty upon
person as provided in this section.
(d) No civil penalty shall be imposed
pursuant to this section except
upon the written order of the duly authorized agent of the
missioner to the person who committed the violation. Such order
state the violation, the penalty to be imposed and the right of the
to appeal to the commissioner. Any such person, within 20 days
notification, may make written request to the commissioner for a
in accordance with the provisions of the Kansas administrative
act. The commissioner shall affirm, reverse or modify the order and
specify the reasons therefor.
(e) Any person aggrieved by an order of
the commissioner made un-
der this section may appeal such order to the district court in the
provided by the act for judicial review and civil enforcement of
(f) Any civil penalty recovered pursuant
to the provisions of this sec-
tion shall be remitted to the state treasurer, deposited in the
and credited to the state general fund.
(g) The livestock commissioner, or the
authorized representative of
the livestock commissioner, may destroy or require the destruction
feral swine upon discovery of such swine.
Sec. 3. K.S.A. 32-1032 and K.S.A. 1999 Supp.
47-1809 are hereby
Sec. 4. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved April 19, 2000.