reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 6 - Fire Safety Standards For Cigarettes › 31-611 Same; rules and regulations.

31-611.
Same; rules and regulations.
Prior to July 1, 2009, the state fire marshal may promulgate rules and regulations necessary to effectuate the purposes of this act. Such rules and regulations shall not become effective until July 1, 2009. The state fire marshal, director and attorney general may take any other action deemed necessary to prepare for the implementation and enforcement of the fire safety standard and firefighter protection act.
History:
L. 2008, ch. 135, § 11; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 6 - Fire Safety Standards For Cigarettes › 31-612 Same; preemption of city and county authority.

31-612.
Same; preemption of city and county authority.
Notwithstanding any other provision of law, a city or county shall not enact nor enforce any ordinance, resolution or other regulation conflicting with, or preempted by, any provision of this act or with any policy of this state expressed by this act, whether that policy be expressed by inclusion of a provision in this act or by exclusion of that subject from this act.
History:
L. 2008, ch. 135, § 12; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 6 - Fire Safety Standards For Cigarettes › 31-613 Same; federal preemption.

31-613.
Same; federal preemption.
The provisions of the fire safety and firefighter protection act shall become null and void if a federal reduced cigarette ignition propensity standard that preempts such act is adopted and becomes effective.
History:
L. 2008, ch. 135, § 13; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 7 - State Fire Marshal Commissioned Inspector Act › 31-702 Definitions.

31-702.
Definitions.
As used in the state fire marshal commissioned inspector act:
(a) "Building" means any building owned, maintained or controlled by the state board of regents.
(b) "Commissioned inspector" means an employee of a state educational institution who has been appointed by the state fire marshal, pursuant to K.S.A. 75-3137, and amendments thereto, to inspect buildings in conjunction with the office of the state fire marshal.
(c) "Employee" means an employee of a state educational institution.
(d) "Local fire authority" means the fire department of the city, county, township or fire district having jurisdiction over the area in which a building is located.
(e) "State educational institution" has the meaning ascribed thereto by K.S.A. 76-711, and amendments thereto.
(f) "State fire marshal" means the state fire marshal appointed pursuant to K.S.A. 75-1510, and amendments thereto.
History:
L. 2009, ch. 12, § 2; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 7 - State Fire Marshal Commissioned Inspector Act › 31-703 Agreements between state fire marshal and state educational institutions; terms and limitations.

31-703.
Agreements between state fire marshal and state educational institutions; terms and limitations.
The state fire marshal and any state educational institution may enter into an agreement under which employees of the state educational institution are commissioned by the state fire marshal to inspect buildings. Such agreements shall include provisions relating to:
(a) The scope of the powers, duties and functions of commissioned inspectors and any limitations on such powers, duties and functions.
(b) The procedures that will be followed by commissioned inspectors in conducting inspections and reporting the results of such inspections.
(c) Subject to K.S.A. 31-704, and amendments thereto, the qualifications of an employee who may be appointed as a commissioned inspector.
(d) Subject to K.S.A. 31-704, and amendments thereto, the term or length of time an employee shall be appointed as a commissioned inspector.
(e) The procedures or conditions under which an appointment as a commissioned inspector may be revoked by the state fire marshal.
(f) Notification of the local fire authority of the time and location of inspections to be conducted by a commissioned inspector and the results of any such inspection.
(g) Any other terms the parties deem necessary or advisable.
History:
L. 2009, ch. 12, § 3; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 7 - State Fire Marshal Commissioned Inspector Act › 31-704 Inspectors, qualifications and term of appointment.

31-704.
Inspectors, qualifications and term of appointment.
(a) An employee may not be appointed as a commissioned inspector unless such employee: (1) Is a fire inspector 1, or higher; and (2) has successfully completed the Kansas building fire safety class.
(b) An employee may be appointed as a commissioned inspector for a term not to exceed one year. Upon the expiration of the term, an employee may be reappointed as a commissioned inspector.
History:
L. 2009, ch. 12, § 4; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 7 - State Fire Marshal Commissioned Inspector Act › 31-705 Inspectors, employment status, compensation.

31-705.
Inspectors, employment status, compensation.
(a) An employee of a state educational institution who is appointed as a commissioned inspector shall not be considered an employee of the office of state fire marshal.
(b) An employee of a state educational institution who is appointed as a commissioned inspector shall receive no monetary compensation from the office of the state fire marshal for performing powers, duties or functions of a commissioned inspector.
History:
L. 2009, ch. 12, § 5; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 8 - Forest Fire Prevention › 31-802 Same; employment status of volunteer firefighters for workers compensation purposes.

31-802. Same; employment status of volunteer firefighters for workers compensation purposes.
A volunteer firefighter entitled to benefits under the workers compensation act who is engaged by the state of Kansas under the compact pursuant to K.S.A. 31-801, and amendments thereto, shall be deemed to be an employee of the state of Kansas solely for purposes of the workers compensation act.
History:
L. 2017, ch. 39, § 2; April 20.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 2 - Fish Hatchery; Fish And Game Refuges And Preserves; Recreational Grounds › 32-203 Game preserves; acceptance of lands granted under act of congress (39 Stat. 233).

32-203.
Game preserves; acceptance of lands granted under act of congress (39 Stat. 233).
That the state of Kansas hereby accepts the grant to it under and by virtue of that certain act of congress, approved June 22, 1916, entitled "An act granting to the state of Kansas title to certain lands in said state for use as a game preserve" whereby the secretary of the interior of the United States was authorized to grant to said state the public lands in sections twenty-five, twenty-six and thirty-five in township twenty-four south and sections one and two in township twenty-five south, all in range thirty-three west, sixth principal meridian, for use as a game preserve, subject to the conditions and limitations in said act contained.
History:
L. 1917, ch. 202, § 1; March 8; R.S. 1923, 32-203.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 2 - Fish Hatchery; Fish And Game Refuges And Preserves; Recreational Grounds › 32-204 Same; control of preserve.

32-204.
Same; control of preserve.
The lands described in K.S.A. 32-203 are hereby placed in the custody and under the control of the state forestry, fish and game commission.
History:
L. 1917, ch. 202, § 2; March 8; R.S. 1923, 32-204.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 2 - Fish Hatchery; Fish And Game Refuges And Preserves; Recreational Grounds › 32-205 Same; right-of-way across game preserve.

32-205.
Same; right-of-way across game preserve.
Laws 1917, chapter 202, sections 3 and 4, included by reference. [The preamble to the act recites that the route for a line of railroad had been surveyed previous to the passage of an act of congress, approved June 22, 1916, granting the state certain lands for a game preserve. Section 3 of the act grants to the Colorado, Kansas & Oklahoma Railroad Company a right-of-way across the game preserve subject to the limitations of the act of congress referred to. Section 4 of the act prescribes the condition that the railroad be constructed and in operation before January 1, 1919.]
History:
R.S. 1923, 32-205.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 7 - General Provisions › 32-702 Policy statement.

32-702.
Policy statement.
It shall be the policy of the state of Kansas to protect, provide and improve outdoor recreation and natural resources in this state and to plan and provide for the wise management and use of the state's natural resources, thus contributing to and benefiting the public's health and its cultural, recreational and economic life. For these purposes, the secretary, the commission and the department are hereby vested with the duties and powers hereinafter set forth.
History:
L. 1955, ch. 355, § 1; L. 1989, ch. 118, § 2; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 7 - General Provisions › 32-703 State ownership of wildlife.

32-703.
State ownership of wildlife.
The ownership of and title to all wildlife, both resident and migratory, in the state, not held by private ownerships, legally acquired, shall be, and are hereby declared to be in the state.
History: L. 1911, ch. 198, § 11; R.S. 1923, 32-107; L. 1989, ch. 118, § 3; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 7 - General Provisions › 32-704 Continuation of rules and regulations, fees.

32-704.
Continuation of rules and regulations, fees.
(a) All rules and regulations of the secretary in effect on June 30, 1989, shall remain in full force and effect until amended or revoked.
(b) Notwithstanding any other provision of law to the contrary, all fees for issues of the department, whether fixed by statute or rules and regulations, which are in effect on June 30, 1989, shall remain in full force and effect until otherwise fixed by rules and regulations of the secretary.
History:
L. 1989, ch. 118, § 194; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 7 - General Provisions › 32-705 Severability.

32-705.
Severability.
If any provisions of this act or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provisions or application and to this end the provisions of this act are severable.
History:
L. 1989, ch. 118, § 195; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 8 - Department Of Wildlife, Parks And Tourism › 32-801 Establishment of department of wildlife and parks; secretary; application of K-GOAL to the department.

32-801. Establishment of department of wildlife and parks; secretary; application of K-GOAL to the department.
(a) In order to reorganize the administration, planning and regulation of the state's parks, wildlife and other natural resources, there is hereby established within the executive branch of government the Kansas department of wildlife and parks, which shall be administered under the direction and supervision of a secretary of wildlife and parks who shall be appointed by the governor, with the consent of the senate as provided in K.S.A. 75-4315b, and amendments thereto. Except as provided by K.S.A. 46-2601, and amendments thereto, no person appointed as secretary shall exercise any power, duty or function as secretary until confirmed by the senate.
(b) The secretary shall be fully qualified by education, training and experience in wildlife, parks or natural resources, or a related field, and shall have a demonstrated executive and administrative ability to discharge the duties of the office of secretary. The secretary shall serve at the pleasure of the governor. The secretary shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary to be fixed by the governor.
(c) The provisions of the Kansas governmental operations accountability law apply to the Kansas department of wildlife and parks, and the department is subject to audit, review and evaluation under such law.
History:
L. 1987, ch. 417, § 1; L. 1989, ch. 118, § 4; L. 1992, ch. 116, § 26; L. 2001, ch. 86, § 4; L. 2008, ch. 121, § 3; L. 2012, ch. 47, § 21; L. 2023, ch. 7, § 24; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 8 - Department Of Wildlife, Parks And Tourism › 32-802 Assistant secretaries; employees; offices; supervision of the wildtrust program.

32-802. Assistant secretaries; employees; offices; supervision of the wildtrust program.
(a) The secretary of wildlife and parks shall appoint an assistant secretary for administration and an assistant secretary for operations. The assistant secretary for administration shall be fully qualified by education, training and experience in administration. The assistant secretary for operations shall be fully qualified by education, training and experience in wildlife, natural resources or a related field. All assistant secretaries shall have a demonstrated executive and administrative ability to discharge the duties of the office of assistant secretary. The assistant secretaries shall serve at the pleasure of the secretary. The assistant secretaries shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary fixed by the secretary with the approval of the governor. The secretary also may appoint such other staff assistants and employees as are necessary to enable the secretary to carry out the duties of the office. Except as otherwise provided in this section, K.S.A. 75-2935 and 32-801, and amendments thereto, such staff assistants and employees shall be within the classified service under the Kansas civil service act.
(b) The assistant secretaries and such other staff assistants and employees shall have such powers, duties and functions as are assigned to them by the secretary or are prescribed by law. The assistant secretaries, staff assistants and employees shall act for and exercise the powers of the secretary to the extent authority to do so is delegated by the secretary.
(c) The assistant secretary for administration shall maintain an office in Shawnee county, Kansas. The assistant secretary for operations shall maintain an office in Pratt county, Kansas. The secretary may maintain offices and facilities to carry out the functions of the department in other locations in this state.
(d) The secretary shall supervise the wildtrust program which shall be responsible for the receipt and expenditure of moneys through gifts and donations.
History:
L. 1987, ch. 417, § 2; L. 1989, ch. 118, § 5; L. 2012, ch. 47, § 22; L. 2023, ch. 7, § 25; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 8 - Department Of Wildlife, Parks And Tourism › 32-803 Department and secretary continuation of fish and game commission.

32-803.
Department and secretary continuation of fish and game commission.
(a) Except as otherwise provided by law, whenever the Kansas fish and game commission, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the department.
(b) Except as otherwise provided by law, whenever the director of the fish and game commission, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the secretary.
(c) All rules and regulations of the Kansas fish and game commission or the director of the fish and game commission in existence on July 1, 1987, shall continue to be effective and shall be deemed to be duly adopted rules and regulations of the secretary until revised, amended, revoked or nullified pursuant to law.
(d) All orders and directives of the Kansas fish and game commission or the director of the fish and game commission in existence on the effective date of this order shall continue to be effective and shall be deemed to be orders and directives of the secretary until revised, amended or nullified pursuant to law.
(e) The secretary shall succeed to whatever right, title or interest the Kansas fish and game commission has acquired in any real property in this state, and the secretary shall hold the same for and in the name of the state of Kansas. On and after July 1, 1987, whenever any statute, contract, deed or other document concerns the power or authority of the Kansas fish and game commission or the director of the fish and game commission to acquire, hold or dispose of real property or any interest therein, the secretary shall succeed to such power or authority.
(f) The department and the secretary, respectively, shall be continuations of the Kansas fish and game commission and the office of the director of the fish and game commission.
History:
L. 1987, ch. 417, § 3; L. 1989, ch. 118, § 6; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 8 - Department Of Wildlife, Parks And Tourism › 32-804 Department and secretary continuation of park and resources authority.

32-804.
Department and secretary continuation of park and resources authority.
(a) Except as otherwise provided by law, whenever the state park and resources authority, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the department.
(b) Except as otherwise provided by law, whenever the director of the state park and resources authority, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the secretary.
(c) All rules and regulations of the state park and resources authority or the director of the state park and resources authority in existence on July 1, 1987, shall continue to be effective and shall be deemed to be duly adopted rules and regulations of the secretary until revised, amended, revoked or nullified pursuant to law.
(d) All orders and directives of the state park and resources authority or the director of the state park and resources authority in existence on the effective date of this order shall continue to be effective and shall be deemed to be orders and directives of the secretary until revised, amended or nullified pursuant to law.
(e) The secretary shall succeed to whatever right, title or interest the state park and resources authority has acquired in any real property in this state, and the secretary shall hold the same for and in the name of the state of Kansas. On and after July 1, 1987, whenever any statute, contract, deed or other document concerns the power or authority of the state park and resources authority or the director of the state park and resources authority to acquire, hold or dispose of real property or any interest therein, the secretary shall succeed to such power or authority.
(f) The department and the secretary, respectively, shall be continuations of the state park and resources authority and the director of the state park and resources authority.
History:
L. 1987, ch. 417, § 4; L. 1989, ch. 118, § 7; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 8 - Department Of Wildlife, Parks And Tourism › 32-806 Organization of department; policies governing administration; accounting for compensation from leases of real property.

32-806. Organization of department; policies governing administration; accounting for compensation from leases of real property.
The secretary of wildlife and parks may organize the Kansas department of wildlife and parks in the manner the secretary deems most efficient, so long as the same is not in conflict with the provisions of this order or with the provisions of law, and the secretary may establish policies governing the transaction of business of the department and the administration of the department. The secretary shall cause any compensation received by the Kansas department of wildlife and parks, whether monetary, in-kind or otherwise, from leases of real property under the control and jurisdiction of the secretary to be accounted for and reflected in the budget of the Kansas department of wildlife and parks.
History:
L. 1987, ch. 417, § 6; L. 1998, ch. 40, § 1; L. 2012, ch. 47, § 24; L. 2023, ch. 7, § 27; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 8 - Department Of Wildlife, Parks And Tourism › 32-809 Creation of the state agricultural production fund; establishment of accounts; expenditures.

32-809. Creation of the state agricultural production fund; establishment of accounts; expenditures.
(a) Unless otherwise provided by law, all moneys received from agricultural production on state-owned property under the control and jurisdiction of the secretary of wildlife and parks shall be remitted in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, to the state treasurer. The state treasurer shall deposit the entire amount in the state treasury and credit it to the state agricultural production fund, which is hereby created in the state treasury.
(b) The Kansas department of wildlife and parks shall establish separate accounts of the state agricultural production fund for each state-owned property under the control and jurisdiction of the secretary of wildlife and parks. Such accounts shall be used for costs and expenses associated with management practices as determined for each property.
(c) All expenditures from the state agricultural production fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of wildlife and parks.
History:
L. 1998, ch. 40, § 2; L. 2012, ch. 47, § 26; L. 2023, ch. 7, § 29; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 8 - Department Of Wildlife, Parks And Tourism › 32-817 Rights saved in legal actions and proceedings.

32-817. Rights saved in legal actions and proceedings.
(a) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against any state agency or program mentioned in K.S.A. 32-810 through 32-818, and amendments thereto, or by or against any officer of the state in such officer's official duties, shall abate by reason of the governmental reorganization effected under the provisions of K.S.A. 32-810 through 32-818, and amendments thereto. The court may allow any such suit, action or other proceeding to be maintained by or against the successor of any such state agency or any officer affected.
(b) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of K.S.A. 32-810 through 32-818, and amendments thereto.
History:
Executive Reorganization Order No. 36, § 8; L. 2011, ch. 132, § 8; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 8 - Department Of Wildlife, Parks And Tourism › 32-824 Federal assistance for land and water conservation; department official agency.

32-824.
Federal assistance for land and water conservation; department official agency.
The state of Kansas hereby designates the department as the official state agency to apply for, accept, administer and disburse federal assistance and benefits under the provisions of the land and water conservation fund act of 1965 (78 Stat. 897, P.L. 88-578), as amended.
History:
L. 1965, ch. 453, § 1; L. 1989, ch. 118, § 11; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 8 - Department Of Wildlife, Parks And Tourism › 32-825 Same; powers of department.

32-825.
Same; powers of department.
The department, as the administrative agency of the state for such federal assistance and benefits as may be available under the land and water conservation fund act of 1965, shall have the right and is authorized and empowered to:
(a) Apply for such assistance and benefits as may be available to the state under such act, and the state treasurer is hereby authorized and empowered to receive and disburse such moneys upon proper voucher by the department;
(b) develop, operate and maintain outdoor recreation areas and facilities of the state and acquire land, water and interest in land and water for such areas and facilities, the title of such land, water or interest to be in the state of Kansas;
(c) enter into contracts and agreements with individuals, political subdivisions, governmental agencies and the United States or any appropriate agency thereof;
(d) keep financial and other records relating thereto and furnish appropriate officials and agencies of the state and of the United States such reports and information as may be reasonably necessary to enable such officials and agencies to perform their duties under such act;
(e) coordinate its activities with and represent the interests of all individuals, agencies and political subdivisions of the state, subject to the provisions of K.S.A. 32-824, 32-825 and 32-826, in the planning, development and maintenance of outdoor recreation resources and facilities within the state; and
(f) do and perform such other acts as may be necessary to comply with federal requirements in securing for the state the assistance and benefits provided by the land and water conservation fund act of 1965.
History:
L. 1965, ch. 453, § 3; L. 1988, ch. 301, § 17; L. 1989, ch. 118, § 12; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 8 - Department Of Wildlife, Parks And Tourism › 32-826 Same; restrictions.

32-826.
Same; restrictions.
The department shall make no commitment nor enter into any agreement pursuant to the exercise of authority under K.S.A. 32-824 and 32-825 until it has determined that sufficient funds are available to it for meeting the state's share, if any, of project costs. The department may enter into and administer agreements with the United States or any appropriate agency thereof for planning, acquisition and development projects involving participating federal-aid funds on behalf of any subdivision or subdivisions of this state, except that such subdivision or subdivisions shall be required to give necessary assurance to the department that they have available sufficient funds to meet their share, if any, of the cost of the project and that the acquired or developed areas will be operated and maintained at the expense of such subdivision or subdivisions for public outdoor recreation use.
History:
L. 1965, ch. 451, § 4; L. 1988, ch. 301, § 18; L. 1989, ch. 118, § 13; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 8 - Department Of Wildlife, Parks And Tourism › 32-827 Federal assistance for development of natural resources; department official agency.

32-827.
Federal assistance for development of natural resources; department official agency.
The department is hereby designated as the agency of the state of Kansas for the purpose of making application for and procuring aid from the federal government in all matters pertaining to the development of natural resources insofar as it pertains to the control and utilization of waters, prevention of soil erosion and flood control and is authorized and empowered to act for and represent the state of Kansas in making application for and securing such labor, aid and projects as may be offered, designated, required or made available by the federal government.
The department shall have charge of all funds which may be procured for the purposes specified by this section and shall have charge of all projects constructed with such funds, except that this section shall not prohibit any political subdivision of the state now qualified to obtain loans or grants from the federal government from making applications for and receiving such loans or grants.
History:
L. 1933, ch. 108, § 1 (Special Session); L. 1935, ch. 268, § 1; L. 1989, ch. 118, § 14; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 8 - Department Of Wildlife, Parks And Tourism › 32-828 Assent to wildlife restoration act; use of fees.

32-828.
Assent to wildlife restoration act; use of fees.
(a) The state of Kansas hereby assents to the provisions of the wildlife restoration act (16 U.S.C. § 669 et seq.), as amended. The secretary is hereby authorized and directed to perform such acts as necessary to the conduct and establishment of cooperative wildlife restoration projects, as defined in such act, in compliance with such act and with rules and regulations promulgated by the secretary of the interior thereunder. The state treasurer is hereby authorized to receive and disburse all money apportioned to the state in accordance with the provisions of such act.
(b) No moneys accruing to the state of Kansas from fees paid for hunting or furharvester licenses, permits or stamps shall be used for any purpose other than the administration of the department and the protection, propagation, preservation, management and investigation of wildlife.
History:
L. 1938, ch. 67, § 1; L. 1989, ch. 118, § 15; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 8 - Department Of Wildlife, Parks And Tourism › 32-829 Assent to fish restoration and management projects act; use of fees.

32-829.
Assent to fish restoration and management projects act; use of fees.
(a) The state of Kansas hereby assents to the provisions of the fish restoration and management projects act (16 U.S.C. § 777 et seq.), as amended. The secretary is hereby authorized and directed to perform such acts as necessary to the conduct and establishment of cooperative fish restoration projects, as defined in such act, in compliance with such act and rules and regulations promulgated by the secretary of the interior thereunder. The state treasurer is hereby authorized to receive and disburse all moneys apportioned to the state in accordance with the provisions of such act.
(b) No moneys accruing to the state of Kansas from fees paid for fishing licenses, permits or stamps shall be used for any purpose other than the administration of the department and the protection, propagation, preservation, management and investigation of wildlife.
History:
L. 1951, ch. 284, § 1; L. 1989, ch. 118, § 16; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 8 - Department Of Wildlife, Parks And Tourism › 32-830 Local governments; conveyances to department.

32-830.
Local governments; conveyances to department.
Notwithstanding any contrary provision of law, all state agencies and all counties, cities, townships and other political subdivisions are hereby authorized to lease, lend, grant or convey to the department at the request of the secretary any lands or facilities which may be necessary or convenient to the effectuation of the purposes of the department. Such lease, loan, grant or conveyance shall be upon such terms and conditions as the proper authorities of such agencies, counties, cities, townships and political subdivisions deem reasonable and fair and no advertisement, order of court or other action or formality shall be necessary, other than the regular and formal action of the authorities concerned.
History:
L. 1955, ch. 355, § 12; L. 1969, ch. 374, § 6; L. 1989, ch. 118, § 17; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 8 - Department Of Wildlife, Parks And Tourism › 32-831 Cooperation with state and local agencies.

32-831.
Cooperation with state and local agencies.
In carrying out its functions and duties, the department shall cooperate and coordinate its activities with the state department of economic development and with all other state agencies and such municipal, county and township planning boards and commissions as are concerned with matters under the supervision of the department. The department may also cooperate and coordinate its activities with federal agencies and with other states.
All state agencies shall, upon request, furnish to the department, within a reasonable time, such available information as it shall require in the performance of its duties and functions.
The state department of transportation may construct, reconstruct, maintain and improve, in cooperation with and under the supervision of the department, access and service roads, trails and parking areas, including necessary bridges within and adjacent to lands and waters, under the supervision and control of the department. The secretary is vested with and shall exercise jurisdiction over the use of all such roads, trails and parking areas and shall adopt and enforce reasonable rules and regulations regarding their use.
History:
L. 1955, ch. 355, § 11; L. 1963, ch. 407, § 10; L. 1989, ch. 118, § 18; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 8 - Department Of Wildlife, Parks And Tourism › 32-832 Cooperation with citizen-support organizations; use of department property and facilities by such organizations.

32-832. Cooperation with citizen-support organizations; use of department property and facilities by such organizations.
(a) The Kansas department of wildlife and parks is authorized to cooperate with and assist citizen-support organizations. For the purposes of this act, the term "citizen-support organization" means an organization that:
(1) Is a bona fide not-for-profit organization exempt from the payment of federal income taxes pursuant to section 501(c)(3) of the federal internal revenue code of 1986, as in effect on January 1, 1990;
(2) does not engage in, and has no officer, director or member who engages in, any prohibited transaction, as defined by section 503(b) of the internal revenue code of 1986, as in effect on January 1, 1990;
(3) is domiciled in this state;
(4) the secretary determines its activities are conducted in a manner consistent with the goals, objectives and programs of the department and state policies as established by K.S.A. 32-702, and amendments thereto; and
(5) provide equal employment and membership opportunities to all persons regardless of race, color, national origin, religion, sex or age.
(b) The secretary may assist organizers of a citizen-support organization with its creation. The secretary may authorize any citizen-support organization to use under such conditions as the secretary may prescribe, department property, facilities or personnel to pursue the goals, objectives and purposes of the department.
(c) A citizen-support organization that uses department property, facilities or personnel shall provide for and disclose to the secretary an annual audit of its financial records and accounts in such manner and at such times as may be required by the secretary.
(d) A citizen-support organization that receives funding from the department shall not use such funding for purposes of lobbying as defined by K.S.A. 46-225, and amendments thereto.
History:
L. 1990, ch. 137, § 1; L. 2012, ch. 47, § 27; L. 2023, ch. 7, § 30; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 8 - Department Of Wildlife, Parks And Tourism › 32-835 Purchase of land in Cherokee county.

32-835. Purchase of land in Cherokee county.
(a) Subject to the provisions of K.S.A. 32-833, and amendments thereto, the secretary of wildlife and parks is hereby authorized to acquire by purchase the following tract of land located in Cherokee county, Kansas, more particularly described as:
The Southeast Quarter (SE ¼), the Northwest Quarter (NW ¼), and the West Half of the Northeast Quarter (W ½ NE ¼), Section 29, Township 34 South, Range 22 East, in Cherokee County, Kansas, containing 397 acres more or less.
(b) Prior to payment for the purchase authorized by this section, the secretary of wildlife and parks shall determine that the requirements prescribed by K.S.A. 32-833, and amendments thereto, have been met.
(c) The provisions of K.S.A. 75-3043a and 75-3739, and amendments thereto, shall not apply to the acquisition authorized by this section or any contracts required therefor.
(d) In the event that the secretary of wildlife and parks determines that the legal description of the parcel described by this section is incorrect, the secretary of wildlife and parks may purchase the property utilizing the correct legal description.
History:
L. 2014, ch. 135, § 1; L. 2023, ch. 7, § 33; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 8 - Department Of Wildlife, Parks And Tourism › 32-836 Purchase of land in Pottawatomie county.

32-836. Purchase of land in Pottawatomie county.
(a) Subject to the provisions of K.S.A. 32-833, and amendments thereto, the secretary of wildlife and parks is hereby authorized to acquire by purchase the following tract of land located in Pottawatomie county, Kansas, more particularly described as:
The Southeast Quarter (SE ¼) of Section 12, Township 6 South, Range 7 East, and the Northeast Quarter (NE ¼) and the North Half (N ½) of the Southwest Quarter (SW ¼) of Section 13, Township 6 South, Range 7 East, and part of the Northeast Quarter (NE ¼) and Southeast Quarter (SE ¼) of Section 17, Township 6 South, Range 7 East, and part of the Northwest Quarter (NW ¼) and the North Half (N ½) of the Southwest Quarter (SW ¼) of Section 18, Township 6 South, Range 8 East in Pottawatomie County, Kansas, containing 484 acres more or less.
(b) Prior to payment for the purchase authorized by this section, the secretary of wildlife and parks shall determine that the requirements prescribed by K.S.A. 32-833, and amendments thereto, have been met.
(c) The provisions of K.S.A. 75-3043a and 75-3739, and amendments thereto, shall not apply to the acquisition authorized by this section or any contracts required therefor.
(d) In the event that the secretary of wildlife and parks determines that the legal description of the parcel described by this section is incorrect, the secretary of wildlife and parks may purchase the property utilizing the correct legal description.
History:
L. 2014, ch. 135, § 2; L. 2023, ch. 7, § 34; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 8 - Department Of Wildlife, Parks And Tourism › 32-837 State parks; legislative approval required for removal of park from state park system.

32-837. State parks; legislative approval required for removal of park from state park system.
(a) The following parks have been designated as a part of the state park system: (1) Kanopolis-Mushroom Rock state park in Ellsworth county; (2) Cross Timbers state park at Toronto Lake in Woodson county; (3) Fall River state park in Greenwood county; (4) Cedar Bluff state park in Trego county; (5) Tuttle Creek state park in Pottawatomie and Riley counties; (6) Pomona state park in Osage county; (7) Cheney state park in Kingman and Reno counties; (8) Lake Crawford state park in Crawford county; (9) Lovewell state park in Jewell county; (10) Lake Meade state park in Meade county; (11) Prairie Dog state park in Norton county; (12) Webster state park in Rooks county; (13) Wilson state park in Russell county; (14) Milford state park in Geary county; (15) Historic Lake Scott state park in Scott county; (16) Elk City state park in Montgomery county; (17) Perry state park in Jefferson county; (18) Glen Elder state park in Mitchell county; (19) El Dorado state park in Butler county; (20) Eisenhower state park in Osage county; (21) Clinton state park in Douglas and Shawnee counties; (22) Sand Hills state park in Reno county; (23) Hillsdale state park in Miami county; (24) Kaw River state park in Shawnee county; (25) Prairie Spirit rail trail state park in Franklin, Anderson and Allen counties; (26) Flint Hills trail state park in Miami, Franklin, Osage, Lyon, Morris and Dickinson counties; (27) Little Jerusalem Badlands state park in Logan county; and (28) Lehigh Portland state park in Allen county.
(b) No state park named in subsection (a) shall be removed from the state park system without legislative approval.
(c) The hours that Kaw River state park in Shawnee county is open to the public may be limited to those hours that parks of the city of Topeka are open, except that such state park shall be open at all hours for prescheduled events.
(d) The requirements found in K.S.A. 65-171d(j)(2), and amendments thereto, shall not apply to subsection (a)(25) or (a)(26).
(e) For any state park listed in subsection (a) containing a recreational trail created pursuant to 16 U.S.C. § 1247(d), the Kansas department of wildlife and parks shall carry out the duties listed in K.S.A. 58-3212(a)(1) through (a)(11), and amendments thereto.
History:
L. 1969, ch. 374, § 1; L. 1971, ch. 252, § 1; L. 1973, ch. 317, § 1; L. 1974, ch. 330, § 1; L. 1981, ch. 305, § 1; L. 1989, ch. 118, § 23; L. 1990, ch. 138, § 2; L. 2002, ch. 64, § 3; L. 2004, ch. 130, § 1; L. 2007, ch. 85, § 1; L. 2010, ch. 162, § 1; L. 2017, ch. 11, § 1; L. 2018, ch. 74, § 2; L. 2023, ch. 43, § 2; April 27.
Section was also amended by L. 2023, ch. 7, § 35, but that version was repealed by L. 2023, ch. 91, § 9.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 8 - Department Of Wildlife, Parks And Tourism › 32-838 Eisenhower state park; name.

32-838.
Eisenhower state park; name.
The name of Melvern state park in Osage county is hereby changed to Eisenhower state park.
History: L. 1990, ch. 138, § 1; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 8 - Department Of Wildlife, Parks And Tourism › 32-838a Cross Timbers state park; name.

32-838a.
Cross Timbers state park; name.
The name of Toronto state park in Woodson county is hereby changed to Cross Timbers state park at Toronto Lake.
History:
L. 2002, ch. 64, § 2; April 25.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 8 - Department Of Wildlife, Parks And Tourism › 32-838b Kaw River state park; name.

32-838b.
Kaw River state park; name.
The name of state park no. 24 in Shawnee county is hereby changed to Kaw River state park.
History:
L. 2007, ch. 85, § 2; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 8 - Department Of Wildlife, Parks And Tourism › 32-839 Steve Lloyd wetlands designated.

32-839. Steve Lloyd wetlands designated.
The Cane creek area within stage 1 of the Milford lake wetlands wildlife habitat restoration project, in Clay county, near the city of Wakefield, is hereby designated as the Steve Lloyd wetlands. The secretary of wildlife and parks shall cause placement of suitable signs and an observation deck to indicate the area is the Steve Lloyd wetlands. The secretary may accept and administer gifts and donations for the purpose of obtaining and installing such signs and observation deck.
History:
L. 1998, ch. 49, § 2; L. 2012, ch. 47, § 29; L. 2023, ch. 7, § 36; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 8 - Department Of Wildlife, Parks And Tourism › 32-840 Exercise of the right of eminent domain by the secretary; purposes; declaration of public use; action to acquire by condemnation.

32-840. Exercise of the right of eminent domain by the secretary; purposes; declaration of public use; action to acquire by condemnation.
(a) The secretary, in the name of the state of Kansas, may exercise the right of eminent domain in accordance with the eminent domain procedure act, K.S.A. 26-501 et seq., and amendments thereto, for the purpose of acquiring lands, water and water rights necessary to:
(1) Carry out the provisions of the wildlife and parks laws of this state and the purposes for which the department is created; or
(2) protect, add to and improve state parks, state lakes, recreational areas, wildlife areas and sanctuaries, natural areas, fish hatcheries and other lands, waters and facilities provided for by K.S.A. 32-807, and amendments thereto.
(b) The taking, using and appropriating of property as authorized by subsection (a)(2) for the purposes of protecting lands, waters and facilities and their environs and preserving the view, appearance, light, air, health and usefulness thereof by reselling such property with such restrictions in the deeds of resale as will protect the property taken for such purposes is hereby declared to be taking, using and appropriating of such property for public use. The proceeds arising from the resale of any property so taken shall be used by the secretary for the purpose of improving lands, waters and facilities under the jurisdiction and control of the secretary.
(c) Upon request of the secretary, the attorney general shall proceed by proper action to acquire by condemnation all lands, or rights therein or thereon, and all water or water rights required by the department pursuant to this section.
History:
L. 1927, ch. 221, § 7; L. 1943, ch. 172, § 1; L. 1989, ch. 118, § 19; L. 2012, ch. 47, § 30; L. 2023, ch. 7, § 37; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 8 - Department Of Wildlife, Parks And Tourism › 32-841 Donated lands; remission of taxes.

32-841.
Donated lands; remission of taxes.
Whenever any person donates or has donated real estate to the state of Kansas for use as a state park upon which real estate taxes have been levied and assessed and upon which penalties and charges have accrued, the board of county commissioners of the county in which such real estate is situated is hereby authorized and directed to remit and cancel all such taxes, penalties and charges.
History:
L. 1933, ch. 124, § 1; (Special Session); L. 1989, ch. 118, § 20; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 8 - Department Of Wildlife, Parks And Tourism › 32-842 Acquisition of land under fish and wildlife coordination act; notice and hearing.

32-842.
Acquisition of land under fish and wildlife coordination act; notice and hearing.
(a) Prior to acquiring land under a license with the United States army corps of engineers pursuant to the fish and wildlife coordination act, the secretary shall give notice of the proposed acquisition to the board of commissioners of every county in which such land is located. The board of county commissioners shall call and hold a public hearing on the proposed acquisition. If the land is located in two or more counties, a joint public hearing may be held if approved by a majority of the boards of county commissioners of such counties. Notice of the time, date and location of the hearing shall be published once each week for two consecutive weeks in the official county newspaper. The second publication shall be no sooner than 10 days prior to the public hearing. At such hearing, the secretary or the secretary's designee shall give a description of the land proposed to be acquired and the reasons for the acquisition. After the public hearing, the secretary may enter into the license to acquire the land.
(b) The provisions of this section shall not apply to land acquired pursuant to the wildtrust program nor to licenses entered into with respect to Hillsdale reservoir project lands.
History:
L. 1984, ch. 275, § 1; L. 1988, ch. 299, § 1; L. 1989, ch. 118, § 21; July 1.