(b) Each application for issuance or renewal of a permit shall be accompanied by a fee of not more than $100 as established by the commissioner in rules and regulations.
(c) The livestock commissioner shall adopt any rules and regulations necessary to enforce this section.
(d) Any person who fails to obtain a permit as prescribed in section (a) shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding $100. Continued operation, after a conviction, shall constitute a separate offense for each day of operation.
(e) The commissioner may refuse to issue or renew or may suspend or revoke any permit for any one of the following reasons:
(1) Material misstatement in the application for the original permit or in the application for any renewal of a permit;
(2) the conviction of any crime, an essential element of which is misstatement, fraud or dishonesty, or relating to the theft of or cruelty to animals;
(3) substantial misrepresentation;
(4) the person who is issued a permit is found to be adding to such person's herd by poaching or illegally obtaining deer;
(5) willful disregard to any rule or regulation adopted under this section.
(f) Any refusal to issue or renew a permit and any suspension or revocation of a permit under this section shall be in accordance with the provisions of the Kansas administrative procedure act and shall be subject to review in accordance with the act for judicial review and civil enforcement of agency actions.
(g) Domesticated deer shall be identified through implantation of microchips, ear tags, ear tattoos, ear notches or any other permanent identification on such deer as to identify such deer as domesticated deer. Any person who receives a permit issued pursuant to subsection (a) shall keep records of the deer herd pursuant to rules and regulations.
(h) The livestock commissioner shall inspect any premises where a domesticated deer herd has been issued a permit upon receipt of a written, signed complaint that such premises is not being operated, managed or maintained in accordance with rules and regulations.
(i) The livestock commissioner, on a quarterly basis, shall transmit to the secretary of wildlife and parks a current list of persons issued a permit pursuant to this section.
(j) All moneys received under this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the animal disease control fund.
(k) As used in this section:
(1) "Deer" means any member of the family cervidae.
(2) "Domesticated deer" means any member of the family cervidae which was legally obtained and is being sold or raised in a confined area for breeding stock; for any carcass, skin or part of such animal; for exhibition; or for companionship.
History: L. 1993, ch. 143, § 1; L. 2001, ch. 5, § 176; July 1.
(b) Violation of this section is a class C nonperson misdemeanor.
History: L. 1993, ch. 143, § 2; July 1.