32-1001. Licenses, permits, stamps and other issues of the department; unlawful acts; penalties. (a) It is unlawful for any person to:
(1) Participate or engage in any activity for which such person is required to have obtained a license, permit, stamp or other issue of the department under the wildlife, parks and tourism laws of this state or under rules and regulations of the secretary unless such person has obtained a currently valid such* license, permit, stamp or other issue issued to such person;
(2) fail to carry in such person's possession a currently valid license, permit, stamp or other issue of the department, issued to such person, while participating or engaging in any activity for which such person is required to have obtained such license, permit, stamp or other issue under the wildlife, parks and tourism laws of this state or under rules and regulations of the secretary;
(3) refuse to allow examination of any license, permit, stamp or other issue of the department while participating or engaging in any activity for which such person is required to have obtained such license, permit, stamp or other issue under the wildlife, parks and tourism laws of this state or under rules and regulations of the secretary, upon demand by any officer or employee of the department or any officer authorized to enforce the laws of this state or rules and regulations of the secretary;
(4) while participating or engaging in fishing or hunting: (A) Fail to carry in such person's possession a card or other evidence that such person is required to carry pursuant to K.S.A. 32-980, and amendments thereto; or (B) refuse to allow inspection of such card or other evidence upon demand of any officer or employee of the department or any officer authorized to enforce the laws of this state or rules and regulations of the secretary; or
(5) make any false representation to secure any license, permit, stamp or other issue of the department, or duplicate thereof, or to make any alteration in any such license, permit, stamp or other issue.
(b) No person charged with violating subsection (a)(1) for failure to obtain a vehicle or camping permit for use of any state park, or any portion thereof or facility therein, or any other area or facility for which a vehicle or camping permit is required pursuant to rules and regulations of the secretary shall be convicted thereof unless such person refuses to purchase such permit after receiving a permit violation notice, which notice shall require the procurement of: (1) The proper daily permit or permits and payment within 24 hours of a late payment fee of $15; or (2) an annual vehicle or camping permit, as the case may be, if such permit has been established by rule and regulation and adopted by the secretary.
(c) (1) In any prosecution charging a violation of subsection (a)(1) for failure to obtain a permit required by K.S.A. 32-901, and amendments thereto, proof that the particular vehicle described in the complaint was in violation, together with proof that the defendant named in the complaint was at the time of the violation the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the time when and place where the violation occurred.
(2) Proof of a written lease of, or rental agreement for, a particular vehicle described in the complaint, on the date and at the time of the violation, which lease or rental agreement includes the name and address of the person to whom the vehicle was leased or rented at the time of the violation, shall rebut the prima facie evidence that the registered owner was the person who parked or placed the vehicle at the time when and place where the violation occurred.
(d) No person who is a resident of this state and charged with violating subsection (a)(1) or (a)(2) shall be convicted thereof if such person produces in court or the office of the arresting officer the appropriate license, permit, stamp or other issue of the department, lawfully issued to such person and valid at the time of such person's alleged violation.
(e) Any person convicted of violating provisions of this section shall be subject to the penalties prescribed in K.S.A. 32-1031, and amendments thereto, except as provided in K.S.A. 32-1032, and amendments thereto, relating to big game and wild turkey.
History: L. 1911, ch. 198, § 10; L. 1921, ch. 196, § 3; R.S. 1923, 32-106; L. 1970, ch. 154, § 1; L. 1982, ch. 175, § 8; L. 1989, ch. 118, § 113; L. 1991, ch. 107, § 1; L. 1993, ch. 185, § 8; L. 2001, ch. 131, § 2; L. 2002, ch. 96, § 5; L. 2003, ch. 108, § 3; L. 2005, ch. 182, § 6; L. 2012, ch. 47, § 56; L. 2017, ch. 25, § 1; July 1.
* "such" should be deleted.
Structure Kansas Statutes
Chapter 32 - Wildlife, Parks And Recreation
32-1001 Licenses, permits, stamps and other issues of the department; unlawful acts; penalties.
32-1003 Unlawful methods of taking wildlife; penalties.
32-1005 Commercialization of wildlife.
32-1006 Coyotes, moles, gophers.
32-1012 Application of prohibitions regarding nongame or endangered species.
32-1013 Taking wildlife without permission on land posted "by written permission only"; penalties.
32-1014 Obstruction or impeding of lawful activities.
32-1015 Miscellaneous violations.
32-1031 Violations; penalties.
32-1032 Big game and wild turkey violations; penalties.
32-1033 Unlawful taking of endangered species.
32-1034 Second conviction for obstruction or impeding of lawful activities.
32-1040 Violations by 16- and 17-year-olds.
32-1041 Forfeiture or suspension of license, permit, stamp or other issue.
32-1047 Seizure of wildlife, devices, equipment and firearms; disposition.
32-1048 Conservation officers and employees; arrest powers.
32-1051 Law enforcement officers' duties.
32-1053 County or district attorneys' duties; prosecution fee.
32-1054 Report of prosecutions.
32-1061 Wildlife violator compact; enactment of compact.
32-1062 Same; rules and regulations.
32-1064 Same; licensing authority; duties.
32-1065 Same; compact administrator, compensation and expenses.
32-1066 Same; board of compact administrators; appointment of state administrator.
32-1071 State sovereignty over non-migratory wildlife act; citation of act.
32-1074 Same; non-migratory nature of lesser and greater prairie chickens.
32-1075 Same; regulation of prairie chickens and prairie chicken habitats in Kansas.
32-1076 Same; enforcement of act.