Legislative Update Report

2011-2012 BILLS

SENATE BILLS INTRODUCED IN 2011

SB120 --This bill is known as the vessel titling act, and would require boat owners to obtain a certificate of title evidencing ownership. This bill passed the Senate 33-5 on Feb. 23. This bill was referred to the House Committee on Transportation which discussed the bill at a hearing on Tuesday, March 6, 2012. This bill passed out of the Committee on Transportation on March 9, 2012 and is on House General Orders. On March 19, 2012, this bill failed on House General Orders 50-61.

SENATE BILLS INTRODUCED IN 2012

SB288 -- This bill will allow liquor consumption on lands owned or managed by KDWPT. Current laws allow only 3.2 percent alcoholic beverages to be consumed in state parks, while alcoholic liquor is allowed in U.S. Army Corps of Engineer parks. This bill would modernize the alcohol laws and allow state parks to be competitive with co-located federal parks. Alcohol possession can still be controlled on specific public KDWPT lands through regulation. The department requested introduction of this bill. This bill had a hearing on February 7, 2012 and passed on Senate Final Action 40-0. The House Federal and State Affairs Committee held a hearing on the bill on Tuesday, March 6, 2012. Provisions in this bill were originally included in SB313 but are now in SB288, which was recommended to be passed as amended by the House Committee on Federal and State Affairs. Provisions from this bill are now included in HB2689, which was adopted in Conference Committee Report, 97-24.

SB314 -- This bill would eliminate the hunting and fishing license exemption for residents older than 64. The bill was introduced at the request of KDWPT to broaden the funding base for wildlife and fisheries programs and capture license dollars and federal aid from a growing constituency group. This bill had a hearing Friday, February 17, 2012, and the hearing was continued March 1, 2012. This bill was amended to allow seniors to purchase a lifetime combination hunting/fishing license that would likely cost $40 or they could purchase an annual fishing or annual hunting license for $9, which is half-price of the current annual licenses. The amendment also provided a license exemption for those 75 and older. The bill passed out of the Senate Committee on Natural Resources as amended on March 9, 2012. This bill passed the Senate on Emergency Final Action 23-17. It was referred to the House Committee on Agriculture and Natural Resources and has a hearing scheduled for Tuesday, March 20, 2012, 8 a.m., RM 783 Docking. The bill passed out of committee and is on House General Orders. This bill was passed out of committee with amendments that include the provisions from HB2295. This bill passed the House 64-55 and was sent to Conference Committee where it remains.

SB316 -- This bill will recodify statutes to reflect Executive Reorganization Order 36 issued during the 2011 session by Gov. Brownback, which merged the Division of Travel and Tourism of the Department of Commerce with the Kansas Department of Wildlife and Parks, creating the Kansas Department of Wildlife, Parks and Tourism. This passed out of Committee and passed on Senate Final Action 40-0. This bill was referred to the House Committee on Agriculture and Natural Resources and was passed out of committee on Wednesday, March 7, 2012. Bill is on House General Orders. On March 15, 2012, this bill passed on House Final Action 117-6 and was signed by the Governor March 28, 2012.

SB348 -- This bill would require all vessels, as defined by K.S.A. 32-1102, and amendments thereto, and required to be numbered pursuant to K.S.A. 32-1110, and amendments thereto, which are located or stored outside this state on the first day of January shall be listed in the taxing district where the owner resided on the first day of January. This passed out of Committee as amended and passed on Senate Final Action 26-14. This bill was referred to the House Committee on Taxation.

SB380 -- This bill would allow crossbows to be used during big game archery season by any person who has been issued a valid big game permit. A hearing for this bill has been postponed. A hearing for this bill was held March 8, 2012. This bill was tabled by the Senate Committee on Natural Resources.

SB414 -- This bill would amend K.S.A. 2011 Supp. 47-1809 to identify feral swine to include members of the species sus scrofa lineas, including, but not limited to, swine commonly known as old world swine, Russian wild boar, European wild boar, Eurasian wild boar and razorbacks. An additional proposed amendment prohibits operation of a contained hunting preserve for swine, feral or otherwise. This bill was referred to the Senate Committee on Agriculture. Provisions on feral swine are included in Substitute Bill 2596, which had a hearing with the Committee on Agriculture on March 13, 2012, with the Committee recommending the bill be passed.

SB447 -- This bill would raise the cap on the fee for registration of motorized or sail-propelled vessels. The current fee is $30 for three years, which is the maximum allowed by law. Raising the cap would allow future increases if deemed necessary in budget planning. The department requested introduction of this bill. The bill passed out of committee on March 9 and is now on Senate General Orders. This bill passed on Senate Final Action 28-12 and has been referred to the House Committee on Agriculture and Natural Resources.

HOUSE BILLS INTRODUCED IN 2011

HB2089 -- This bill would allow a licensed hunter or furharvester to retrieve their hunting dog from posted land without permission. This bill was referred to the Committee on Agriculture and Natural Resources and has not moved.

HB2152 -- This bill strengthens the penalties for the offense of operating a vessel under the influence of drugs or alcohol. This bill was placed on House General Orders then withdrawn from the Calendar and referred to the Committee on Appropriations.

HB2168 -- This bill would waive the state park vehicle entrance fee for any person who is a resident of this state and has been honorably discharged from active service in any branch of the armed forces of the United States. This bill had a hearing but was tabled in Committee. The department opposed this bill.

HB2295 -- this bill would amend K.S.A. 2010 Supp. 32-919, 32-932, 32-937, 32-980, and 32-988 and repealing the existing sections to exempt a landowner's immediate family members from hunting license requirements while hunting on that landowner's land (current law exempts family members domiciled with the landowner); would remove the current disability exemption that allows the use of a crossbow during the archery season to allow anyone to use crossbows during the archery season; would extend the "extended season for female white-tailed deer hunting with the use of firearms through January 23, 2012"; amends the formula used to establish nonresident deer permit quotas so that the percent increase in permit numbers by unit required the first year (2008) the formula was used to be adhered to every year; would allow a landowner's immediate family members to purchase hunt-own-land permits whether or not they were domiciled with the landowner (currently the landowner's immediate family domiciled with the landowner may purchase hunt-own-land permits and a landowner's siblings and lineal descendants and ascendants and their spouses may purchase special hunt-own-land permits regardless of residency); would establish a mandatory contribution of at least $2 to activities of Kansas hunters feeding the hungry, Inc. (current law allows a voluntary contribution); and raises the maximum price that could be charged for nonresident big game permits to $800, $300 for nonresident mule deer stamp, and $50 for an application fee. Bill was referred to the Committee on Natural Resources, then referred to a sub-committee. Bill was tabled by the committee. The department opposed this bill. This bill had a hearing on February 2, 2012. A substitute bill that includes provisions for a pre-rut antlerless rifle season for two years and a combo either-sex/antlerless permit by 2013 is on House General Orders. This bill was amended to include a provision allowing the use of crossbows during the archery season and a provision requiring the department to verify proof of ownership or tenancy of at least 25 percent of the resident landowner/tenant big game or wild turkey applicants each calendar year. Final Action - Substitute passed as amended 101-22. Bill was referred to the Senate Committee on Natural Resources. A hearing for this bill was conducted on Thursday, March 8, 2012. This bill was tabled by the Senate Committee on Natural Resources.

HB2398 -- This bill would amend the definition of feral swine in KSA-47-1809 to include Russian boar or European boar and makes violations of the statute -- importation, possession, release and sport hunting of feral swine -- class C misdemeanors. Provisions on feral swine from this bill are included in Substitute Bill 2596, which had a hearing with the Committee on Agriculture on March 13, 2012, with the Committee recommending the bill be passed.

House Concurrent Resolution No. 5017 -- this resolution proposes amending the constitution of the state of Kansas relating to the classification and taxation of watercraft. This bill was referred to the Committee on Taxation. This bill had a hearing on Monday, March 7. Resolution was passed out of committee and is on House General Orders. Resolution passed the House and was sent to the Senate. HCR5017 has been referred to the Committee on Assessment and Taxation. A hearing was held Thursday, February 2, 2012. Bill passed out of committee on February 2, 2012. Passed on Senate Final Action 40-0. Issue will be on the ballot during the November 2012 general election.

HOUSE BILLS INTRODUCED IN 2012

HB2432 -- This bill would establish a state vehicle Ducks Unlimited license plate that would provide royalty payments to Ducks Unlimited. Such license plates shall be issued for the same time as other license plates upon proper registration and payment of the regular license fee as provided in K.S.A. 8-143. Final Action -- Passed, 107-16. Bill was referred to the Senate Committee on Transportation. A hearing on the bill was conducted on Thursday, March 8, 2012. On March 15, 2012, this bill passed on Senate Final Action as amended 35-5.

HB2452 -- This bill would allow no more than 12 big game permits to be issued by the Governor. The permit would allow the holder to take any white-tailed or mule deer during any season with equipment legal for that season. This bill was referred to the Committee on Agriculture and Natural Resources and had a hearing on Thursday, January 15, 2012. The department opposes this bill.

HB2491-- This bill would allow any person who lawfully possesses a handgun to carry such handgun while lawfully hunting, fishing or furharvesting. Bill was referred to the Committee on Federal and State Affairs. Bill had a hearing on Monday, January 30, 2012. This bill passed out of committee on February 2, 2012. This bill passed the House 113-8. This bill passed out of the Senate Committee on Natural Resources on March 9, 2012 and is now on Senate General Orders. This bill passed on Senate Final Action 40-0.

HB2551 -- This bill would raise the cap on the fee for registration of motorized or sail-propelled vessels. The current fee is $30 for three years, which is the maximum allowed by law. Raising the cap would allow future increases if deemed necessary in budget planning. The department requested introduction of this bill. This bill had a hearing on February 8, 2012. This bill failed on House General Orders 29-82.

HB2596 -- This substitute bill amends animal health statutes and contains provisions from HB2596 and SB414, which defined feral swine to include Russian boar and prohibited hunting feral swine on a contained hunting preserve. This bill passed out of the Senate Committee on Agriculture on March 15, 2012.

HB2689 -- This substitute bill includes provisions from SB313 and SB288, which will allow liquor consumption on lands owned or managed by KDWPT, modernizing the alcohol laws and allowing state parks to be competitive with co-located federal parks. Alcohol possession can still be controlled on specific public KDWPT lands through regulation. The department requested introduction of this provision. The Conference Committee Report was adopted 97-24.

HB2709 -- This substitute bill amends statues concerning hunting violations, trespassing and criminal hunting. This bill would change the color or paint required to designate land open to hunting by written permission only from purple to orange. It would also establish a minimum fine of $5,000 for the intentional taking of a trophy big game animal, and defines a trophy white-tailed antlered deer as one with a rack with an inside spread of 16 inches, and a mule deer buck with an inside spread of 20 inches. The bill also includes additional restitution values for deer, elk and antelope based on gross scores of their antlers. Bill is on House General Orders. This bill was amended and passed on House Final Action 115-8.

HB2729 -- This bill would establish an annual vehicle state park permit for $15 that could be purchased through the county treasurer when the owner of a vehicle registered the vehicle. The permit would be valid one year from purchase. This bill had a hearing on Thursday, February 16, 2012, was passed out of committee and is now on House General Orders. The bill passed on House Final Action 84--39 and has been referred to the Senate Committee on Agriculture and Natural Resources. This bill was referred to the Senate Committee on Federal and State Affairs and is scheduled for a hearing on Thursday, April 26, 2012, 1 p.m., RM 144-S. The Senate passed this bill 39-1, and it was sent to Conference Committee where it remains.

HB2735 -- This bill would hold the trail operator of a railbanked right-of-way responsible for property taxes as assessed by the county appraiser. Bill was referred to the Committee on Transportation. A hearing for the bill was conducted on Monday, March 5, 2012.

House Concurrent Resolution No. 6015 -- This resolution commemorates the 75th anniversary of the Wildlife and Sport Fish Restoration Program. Since 1937, the Wildlife and Sport Fish Restoration Program, which established excise taxes on firearms, ammunition, fishing equipment and motorboat fuel, has provided more than $14 billion to states. Funds require a 25 percent match from states and fund wildlife and fish conservation, recreation, and boating access. Resolution was adopted without roll call on March 13, 2012.

BILLS PASSED AND SIGNED IN THE 2011 SESSION

Executive Reorganization Order No. 36 -- Renaming the Department of Wildlife and Parks as the Department of Wildlife, Parks and Tourism; Abolishing the Assistant Secretary of Operations position and creating an Assistant Secretary of Wildlife, Fisheries, and Boating and an Assistant Secretary of Parks and Tourism; and transferring the Division of Travel and Tourism Development at the Department of Commerce to the Department of Wildlife, Parks and Tourism. Neither House passed a resolution opposing ERO No. 36, therefore ERO No. 36 became effective July 1.

HB2013 -- This bill repeals laws that currently restrict the sale and delivery of rifles and shotguns to or from residents of states that are contiguous to Kansas. This bill passed the House 118-0. It was introduced in the Senate and was referred to the Committee on Federal and State Affairs. Bill had a hearing on Wednesday, March 9, 2011. Bill passed on Senate Final Action 38-0 and was enrolled and presented to the Governor. Signed by Governor.

SB 123 -- This bill would allow KDWP cabin fees to established by the KDWP Secretary with consideration of the Kansas Wildlife and Parks Commission, streamlining the process of adjusting fees for existing cabins and setting fees for new cabins coming on line. This bill pass the Senate 39-0. This bill had a hearing on March 8 in the House Committee on Agriculture and Natural Resources. Bill was amended to include land acquisition restrictions on KDWP included in the original HB2149. It passed on House Final Action as amended 102-22. Further, the House has adopted the conference committee report which restricts KDWP land purchases without prior legislative approval to 320 or less or 640 acres or less if under appraised value. Signed by the Governor.

SB 152 -- This bill would allow a person with a concealed carry permit to carry a concealed handgun while legally hunting, fishing or furharvesting and it would also allow any person how lawfully possesses a firearm suppressing device to use that device in conjunction with lawful hunting, fishing and furharvesting. This bill was referred to the Committee on Natural Resources which held a hearing Thursday, March 3, 2011. Committee Report recommending bill be passed. This bill passed the Senate 38-1 on March 9, 2011 and passed the House 124-0 on March 22, 2011. Signed by Governor.