Legislative Update Report

This report lists bills in the 2010 Kansas Legislature that affect the Kansas Department of Wildlife and Parks. If the KDWP has provided testimony on the bill, the bill summary includes the department's position as of the date of this report. Information new to this edition of the report is in bold.

SB = Senate Bills

HB = House Bills

SB 100 – This bill was was introduced by the Assessment and Taxation Committee Jan. 26, 2009. The bill would make the following exempt from sales tax: fees for guided and non-guided hunts and fishing expeditions, hunting and fishing leases, and sale of game birds for the primary purpose of hunting. The bill passed out of committee and was placed on Senate General Orders.

SB 124 – Under this bill, the Kansas Department of Wildlife and Parks would affiliate with the Kansas police and firemen’s retirement system. That affiliation would allow any KDWP employee who is trained and certified by the Kansas Law Enforcement Training Center to become a member of the retirement system. The bill was introduced Jan. 27, 2009 and was referred to the Ways and Means Committee.

SB 189 -- This bill would require big game hunting outfitters to obtain a license, issued by the Secretary of Commerce, to provide outfitter services in the state. Landowners providing such services on their own property would be exempt from the licensing requirement. The license would be renewed annually to qualifying applicants, for a fee of up to $500. The bill would require licensed outfitters to maintain liability insurance and a surety bond. Such license could be refused, suspended, or revoked if applicants or licensees are convicted of a felony wildlife law violation or convicted of three or more misdemeanor wildlife law violations. The bill was introduced in the Senate Feb. 3, 2009 and was referred to the Natural Resources Committee. A hearing was conducted Feb. 6, 2009.

SB 380 – This bill would allow the Secretary of the Kansas Department of Wildlife and Parks to set fees, with approval of the Kansas Wildlife and Parks Commission, for public use cabins, owned and operated by the department. This bill had a hearing at 8:30 a.m. on Thursday, Jan. 28, Room 144 S, and was sent to the Senate General Orders. The department supports this bill.

SB 286 – This bill would repeal existing statutes providing authorization and procedures for townships to destroy prairie dogs. The bill would repeal KSA 80-1201, 80-1202, 80-1203, 80-1204, 80-1205, 80-1206, 80-1207, and 80-1208. The bill was referred to the Natural Resources Committee.

SB 287 – This bill would require the Secretary of the Kansas Department of Wildlife and Parks to establish conservation measures to guide control and management of prairie dogs within individual properties. The bill would authorize county commissions to obtain materials and staff to assist landowners with management of prairie dog populations on private lands if a complaint of expanding populations is filed by an adjacent landowner or tenant. The bill also would establish procedures to notify landowners if evidence exists that prairie dogs are dispersing from their lands onto adjacent properties, development of a management plan by such landowners, finalization of the landowner’s management plan after review by KDWP, and procedures and limitations of county authority to apply control measures on prairie dog populations. The bill would also repeal existing statutes regarding prairie dog control (KSA 80-1201, 80-1202, 80-1203, 80-1204, 80-1205, 80-1206, 80-1207, and 80-1208). The bill was referred to the Natural Resources Committee.

Senate Concurrent Resolution 1602 – This resolution would, if adopted by voters in the August 2010 election, amend the property tax classification of the Kansas Constitution to authorize the legislature to classify watercraft on a different basis from other property, for taxation purposes. Watercraft are currently included in a category which assesses personal property at 30 percent of its fair market value. Approval of the resolution by two-thirds of the members of the House of Representatives and Senate would place the proposed amendment to the constitution on the general election ballot in August 2010.

Senate Concurrent Resolution 1611 – If approved by two-thirds of the Senate and the House of Representatives, this resolution would submit to public vote a proposition to amend section 4 of the state constitution’s bill of rights pertaining to an individual’s right to bear arms. The proposed amendment would constitutionally preserve the right of a person to keep and bear arms for defense of self, family, home and state, for lawful hunting and recreational use, and any other lawful purpose. If approved by two-thirds of House and Senate members, the proposition would be submitted to public vote in the 2010 general election, unless a special election was called at an earlier date. The Senate approved the resolution 39-1 March 24. The House approved the resolution 116-9 March 25. Kansans will vote on the constitutional amendment in the 2010 general election.

HB 2049 – This bill was introduced Jan. 21, 2009 and was referred to the House Agriculture and Natural Resources Committee. The bill would require the Secretary of KDWP to consult with the State Board of Education to develop a hunter safety orientation program for use in accredited schools of the state, allowing voluntary participation by students in grades 6 through 12, as well as voluntary participation by school districts. A hearing was conducted Jan. 29, 2009 The bill was tabled.

HB 2064 – This bill was introduced Jan. 22, 2009 and was referred to the House Energy and Utilities Committee. The bill is intended to reduce the amount of light emitted into the nighttime sky to near natural levels for designated locations, including Kansas state parks, Cimarron National Grasslands, Quivira National Wildlife Refuge, Tallgrass Prairie National Preserve, and military night training areas. The bill would require the Secretary of the Department of Health and Environment to adopt rules and regulations establishing voluntary guidelines to achieve goals for night sky luminescence in future years. A subcommittee recommended to not pass the bill.

HB 2254 -- This bill would amend KSA 32-980 to allow nonresidents serving on active military duty and stationed in Kansas to qualify for purchase of lifetime hunting, fishing, hunting/fishing, or furharvester licenses if they can show intent to remain in the state upon completion of their military service. The bill specifies that intent to remain can be demonstrated by registering to vote in Kansas, obtaining a valid Kansas driver's license, or filing a Kansas income tax return. Under current law, persons who enter military service while residents of Kansas may purchase lifetime licenses, but that same privilege does not extend to individuals who were nonresidents when they entered military service. The bill was introduced in the House Feb. 4, 2009 and was referred to the Agriculture and Natural Resources Committee.

HB 2296 -- This bill would require the Secretary of Wildlife and Parks to collect a $5 conservation fee on each license, permit, tag, and other issue which is sold to nonresidents. Proceeds from the fee would be remitted to the State Water Plan Fund. The bill was introduced in the House Feb. 5, 2009 and was referred to the Agriculture and Natural Resources Committee.

HB 2342 – This bill would establish a special season for archery hunting of deer within Shawnee Mission Park in Johnson County. The bill was referred to the Agriculture and Natural Resources Committee.

HB 2362 – This bill would require KDWP to establish a special season to allow hunting of antlerless deer an additional 60 days beyond current established seasons, and would allow issuance of 50 percent of all authorized nonresident deer permits to landowners or tenants, for their subsequent use, transfer, or sale to any resident or nonresident. The bill would also require an increase of $5 in each nonresident deer permit, with proceeds credited to a deer management account within the Feed the Hungry Fund. Further, the bill would exempt from state sales tax all sales of property or services purchased by or on behalf of Kansas Hunters Feeding the Hungry, Inc. The bill was referred to the Agriculture and Natural Resources Committee.

HB2457 – This bill would exempt nonresidents less than the age of 16 from a hunting license. They are currently required to purchase a nonresident youth license, which is half of the regular nonresident price -- $37.50. The bill would also exempt residents and nonresidents from needing a license when hunting prairie dogs, coyotes, moles and gophers. This bill was referred out of subcommittee unfavorably.

HB2458 – This bill would require resident and nonresident bowhunters and those archery permit holders who have crossbow permits to take a doe before they can take a buck. The department opposes this bill. This bill was referred out of subcommittee unfavorably.

HB2459 – This bill would exempt residents from needing a hunting license to hunt prairie rattlesnakes, as well as repeal laws governing commercial harvest of prairie rattlesnakes. The department opposes this bill. This bill referred out of subcommittee unfavorably.

HB2571 -- This bill would exempt prisoners of war from license and permit fees.

The full text of a bill may be obtained online at the Kansas Legislature's website.