32-1049a. Failure to comply with a wildlife and parks citation; penalties; reinstatement fee for license or permit suspension; waiver, military personnel.
32-1049a
32-1049a. Failure to comply with a wildlife andparks citation; penalties; reinstatement fee for license or permit suspension;waiver, military personnel.(a) Failure to comply with a wildlife and parks citationmeans failure to:
(1) Appear before any district court in response to a wildlife and parkscitation and pay in full any fine, court costs, assessments or fees imposed;
(2) fully pay or satisfy all fines, court costs, assessments or fees imposedas a part of the sentence of any district court for violation of the wildlifeand parks laws of this state; or
(3) otherwise comply with a wildlife and parks citation as provided in K.S.A.32-1049, and amendments thereto.
Failure to comply with a wildlife and parks citation is a class C misdemeanor,regardless of the disposition of the charge for which such citation, complaintor charge was originally issued.
(b) The term "citation" means any complaint, summons, notice to appear,ticket, warrant, penalty assessment or other official document issued for theprosecution of the wildlife and parks laws or rules and regulations of thisstate.
(c) In addition to penalties of law applicable under subsection (a) when aperson fails to comply with a wildlife and parks citation or sentence for aviolation of wildlife and parks laws or rules and regulations, the districtcourt in which the person should have complied shall mail a notice to theperson that if the person does not appear in the district court or pay allfines, court costs, assessments or fees, and any penalties imposed within 30days from the date of mailing, the department of wildlife and parks shall benotified to forfeit or suspend any license, permit, stamp or other issue of thedepartment. Upon receipt of a report of a failure to comply with a wildlife andparks citation under this section, and amendments thereto, the department shallnotify the violator and suspend or forfeit the license, permit, stamp or otherissue of the department held by the violator until satisfactory evidence ofcompliance with the wildlife and parks citation or sentence of the districtcourt for violation of the wildlife and parks laws or rules and regulations ofthis state are furnished to the informing court. Upon receipt of notificationof such compliance from the informing court, the department shall terminate thesuspension action, unless the violator is otherwise suspended.
(d) Except as provided in subsection (e), when the district court notifiesthe department of a failure to comply with a wildlife and parks citation orfailure to comply with a sentence of the district court imposed on violation ofa wildlife and parks law or rule and regulation, the court shall assess areinstatement fee of $50 for each charge or sentence on which the personfailed to make satisfaction, regardless of the disposition of the charge forwhich such citation was originally issued. Such reinstatement fee shall be inaddition to any fine, court costs and other assessments, fees or penalties. Thecourt shall remit all reinstatement fees to the state treasurer in accordancewith the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt ofeach remittance, the state treasurer shall deposit the entire amount in thestate treasury and shall credit such moneys to the state general fund.
(e) The district court shall waive the reinstatement fee provided for insubsection (d), if the failure to comply with a wildlife and parks citation wasthe result of such person enlisting in or being drafted into the armed servicesof the United States of America, being called into service as a member of areserve component of the military service of the United States of America, orvolunteering for such active duty or being called into service as a member ofthe Kansas national guard or volunteering for such active duty and being absentfrom Kansas because of such military service. The state treasurer and thedirector of accounts and reports shall prescribe procedures for all suchreimbursement payments and shall create appropriate accounts, make appropriateaccountingentries and issue such appropriate vouchers and warrants as may be required tomake such reimbursement payments.
History: L. 2008, ch. 10, § 1; July 1.