32-1061. Wildlife violator compact; enactment of compact.
32-1061
32-1061. Wildlife violator compact; enactment ofcompact.The wildlife violator compact is enacted into law and enteredinto by the State of Kansas with any and all jurisdictions legally joiningtherein in accordance with its terms. The compact is substantially as follows:
(a) The party states find that:
(1) Wildlife resources are managed in trust by the respective states for thebenefit of all residents and visitors.
(2) The protection of their respective wildlife resources can be materiallyaffected by the degree of compliance with state statute, law, regulation,ordinance, or administrative rule relating to the management of thoseresources.
(3) The preservation, protection, management, and restoration of wildlifecontribute immeasurably to the aesthetic, recreational, and economic aspects ofthese natural resources.
(4) Wildlife resources are valuable without regard to political boundaries,therefore, all persons should be required to comply with wildlife preservation,protection, management, and restoration laws, ordinances, and administrativerules and regulations of all party states as a condition precedent to thecontinuance or issuance of any license to hunt, fish, trap, or possesswildlife.
(5) Violation of wildlife laws interferes with the management of wildliferesources and may endanger the safety of persons and property.
(6) The mobility of many wildlife law violators necessitates the maintenanceof channels of communications among the various states.
(7) In most instances, a person who is cited for a wildlife violation in astate other than the person's home state:
(i) Must post collateral or bond to secure appearance for a trial at a laterdate; or
(ii) If unable to post collateral or bond, is taken into custody until thecollateral or bond is posted; or
(iii) Is taken directly to court for an immediate appearance.
(8) The purpose of the enforcement practices described in paragraph (7) ofthis subsection is to ensure compliance with the terms of a wildlife citationby the person who, if permitted to continue on the person's way after receivingthe citation, could return to the person's home state and disregard theperson's duty under the terms of the citation.
(9) In most instances, a person receiving a wildlife citation in the person'shome state is permitted to accept the citation from the officer at the scene ofthe violation and to immediately continue on the person's way after agreeing orbeing instructed to comply with the terms of the citation.
(10) The practice described in paragraph (7) of this subsection causesunnecessary inconvenience and, at times, a hardship for the person who isunable at the time to post collateral, furnish a bond, stand trial, or pay thefine, and thusis compelled to remain in custody until some alternative arrangement can bemade.
(11) The enforcement practices described in paragraph (7) of this subsectionconsume an undue amount of law enforcement time.
(b) It is the policy of the party states to:
(1) Promote compliance with the statutes, laws, ordinances, regulations, andadministrative rules relating to management of wildlife resources in theirrespective states.
(2) Recognize the suspension of wildlife license privileges or rights of anyperson whose license privileges or rights have been suspended by a party stateand treat this suspension as if it had occurred in their state.
(3) Allow violators to accept a wildlife citation, except as provided insubsection (b) of article III, and proceed on the violator's way without delaywhether or not the person is a resident in the state in which the citation wasissued, provided that the violator's home state is party to this compact.
(4) Report to the appropriate party state, as provided in the compact manual,any conviction recorded against any person whose home state was not the issuingstate.
(5) Allow the home state to recognize and treat convictions recorded fortheir residents which occurred in another party state as if they had occurredin the home state.
(6) Extend cooperation to its fullest extent among the party states forobtaining compliance with the terms of a wildlife citation issued in one partystate to a resident of another party state.
(7) Maximize effective use of law enforcement personnel and information.
(8) Assist court systems in the efficient disposition of wildlife violations.
(c) The purpose of this compact is to:
(1) Provide a means through which the party states may participate in areciprocal program to effectuate policies enumerated in subsection (b) of thisarticle in a uniform and orderly manner.
(2) Provide for the fair and impartial treatment of wildlife violatorsoperating within party states in recognition of the person's right of dueprocess and the sovereign status of a party state.
Unless the context requires otherwise, the definitions in this article applythrough this compact and are intended only for the implementation of thiscompact:
(a) "Citation" means any summons, complaint, ticket, penalty assessment, orother official document issued by a wildlife officer or other peace officer fora wildlife violation containing an order which requires the person to respond.
(b) "Collateral" means any cash or other security deposited to secure anappearance for trial, in connection with the issuance by a wildlife officer orother peace officer of a citation for a wildlife violation.
(c) "Compliance" with respect to a citation means the act of answering thecitation through appearance at a court, a tribunal, or payment of fines, costs,and surcharges, if any, or both such appearance and payment.
(d) "Conviction" means a conviction, including any court conviction, of anyoffense related to the preservation, protection, management, or restoration ofwildlife which is prohibited by state statute, law, regulation, ordinance, oradministrative rule, or a forfeiture of bail, bond, or other security depositedto secure appearance by a person charged with having committed any suchoffense, or payment of a penalty assessment, or a plea of nolo contendere, orthe imposition of a deferred or suspended sentence by the court.
(e) "Court" means a court of law, including magistrate's court and thejustice of the peace court.
(f) "Home state" means the state of primary residence of a person.
(g) "Issuing state" means the party state which issues a wildlife citation tothe violator.
(h) "License" means any license, permit, or other public document whichconveys to the person to whom it was issued the privilege of pursuing,possessing, or taking any wildlife regulated by statute, law,regulation, ordinance, or administrative rule of a party state.
(i) "Licensing authority" means the Kansas department of wildlife and parksor the department within each party state which is authorized by law to issueor approve licenses or permits to hunt, fish, trap, or possess wildlife.
(j) "Party state" means any state which enacts legislation to become a memberof this wildlife compact.
(k) "Personal recognizance" means an agreement by a person made at the timeof issuance of the wildlife citation that the person will comply with the termsof that citation.
(l) "State" means any state, territory, or possession of the United States,the District of Columbia, Commonwealth of Puerto Rico, Provinces of Canada, orother countries.
(m) "Suspension" means any revocation, denial, or withdrawal of any or alllicense privileges or rights, including the privilege or right to apply for,purchase, or exercise the benefits conferred by any license.
(n) "Terms of the citation" means those conditions and options expresslystated upon the citation.
(o) "Wildlife" means all species of animals, including but not necessarilylimited to mammals, birds, fish, reptiles, amphibians, mollusks, andcrustaceans, which are defined as "wildlife" and are protected or otherwiseregulated by statute, law, regulation, ordinance, or administrative rule in aparty state. "Wildlife" also means food fish and shellfish as defined bystatute, law, regulation, ordinance, or administrative rule in a party state.Species included in the definition of "wildlife" vary from state to state anddetermination of whether a species is "wildlife" for the purposes of thiscompact shall be based on local law.
(p) "Wildlife law" means any statute, law, regulation, ordinance, oradministrative rule developed and enacted to manage wildlife resources and theuse thereof.
(q) "Wildlife officer" means any individual authorized by a party state toissue a citation for a wildlife violation.
(r) "Wildlife violation" means any cited violation of a statute, law,regulation, ordinance, or administrative rule developed and enacted to managewildlife resources and the use thereof.
(a) When issuing a citation for a wildlife violation, a wildlife officershall issue a citation to any person whose primary residence is in a partystate in the same manner as if the person were a resident of the home state andshall not require the person to post collateral to secure appearance, subjectto the exceptions contained in subsection (b) of this article, if the officerreceives the person's personal recognizance that the person will comply withthe terms of the citation.
(b) Personal recognizance is acceptable:
(1) If not prohibited by local law or the compact manual adopted by thesecretary of the Kansas department of wildlife and parks as a regulation; and
(2) If the violator provides adequate proof of the violator's identificationto the wildlife officer.
(c) Upon conviction or failure of a person to comply with the terms of awildlife citation, the appropriate court or official shall report theconviction or failure to comply to the licensing authority of the party statein which the wildlife citation was issued. The report shall be made inaccordance with procedures specified by the issuing state and shall contain theinformation specified in the compact manual adopted by the secretary of theKansasdepartment of wildlife and parks as a regulation as minimum requirements foreffective processing by the home state.
(d) Upon receipt of the report of conviction or noncompliance required bysubsection (c) of this article, the licensing authority of the issuing stateshall transmit to the licensing authority in the home state of the violator theinformation in a form and content as contained in the compact manual adopted bythe secretary of the Kansas department of wildlife and parks as a regulation.
(a) Upon receipt of a report of failure to comply with the terms of acitation from the licensing authority of the issuing state, the licensingauthority of the home state shall notify the violator, shall initiate asuspension action in accordance with the home state's suspension procedures andshall suspend the violator's license or permit privileges or rights untilsatisfactory evidence of compliance with the terms of the wildlife citation hasbeen furnished by the issuing state to the home state licensing authority. Dueprocess safeguards will be accorded.
(b) Upon receipt of a report of conviction resulting in the suspension orrevocation of the violator's license or permit privileges or rights from thelicensing authority of the issuing state, the licensing authority of the homestate shall enter such conviction in its records and shall treat suchconviction as if it occurred in the home state for the purposes of thesuspension of license or permit privileges.
(c) The licensing authority of the home state shall maintain a record ofactions taken and make reports to issuing states as provided in the compactmanual adopted by the secretary of the Kansas department of wildlife and parksas a regulation.
All party states shall recognize the suspension of license or permit privilegesor rights of any person by any party state as if the violation on which thesuspension is based had in fact occurred in their state and would have been thebasis for suspension of license or permit privileges or rights in their state.
Except as expressly required by provisions of this compact, nothing hereinshall be construed to affect the right of any party state to apply any of itslaws relating to license or permit privileges to any person or circumstance, orto invalidate or prevent any agreement or other cooperative arrangementsbetweena party state and a nonparty state concerning wildlife law enforcement.
(a) For the purpose of administering the provisions of this compact and toserve as a governing body for the resolution of all matters relating to theoperation of this compact, a board of compact administrators is established.The board of compact administrators shall be composed of one representativefrom each of the party states to be known as the compact administrator. Thecompact administrator shall be appointed by the head of the licensing authorityof each party state, or his or her designee, and will serve and be subject toremoval in accordance with the laws of the state the administrator represents.A compact administrator may provide for the discharge of the administrator'sduties and the performance of the administrator's functions as a board ofcompact administrators member by an alternate. An alternate may not be entitledto serve unless written notification of the alternate's identity has been givento the board of compact administrators.
(b) Each member of the board of compact administrators shall be entitled toone vote. No action of the board of compact administrators shall be bindingunless taken at a meeting at which a majority of the total number of votes onthe board of compact administrators is cast in favor thereof. Action by theboard of compact administrators shall be only at a meeting at which a majorityof the party states are represented.
(c) The board of compact administrators shall elect annually, from itsmembership, a chairperson and vice-chairperson.
(d) The board of compact administrators shall adopt bylaws, not inconsistentwith the provisions of this compact or the laws of a party state, for theconduct of its business and shall have the power to amend and rescind itsbylaws.
(e) The board of compact administrators may accept for any of its purposesand functions under this compact all donations and grants of money, equipment,supplies, materials, and services, conditional or otherwise, from any state,the United States, or any governmental agency, and may receive, utilize, anddispose of the same.
(f) The board of compact administrators may contract with or accept servicesor personnel from any governmental or intergovernmental agency, individual,firm, corporation, or any private nonprofit organization or institution.
(g) The board of compact administrators shall formulate all necessaryprocedures and develop uniform forms and documents for administering theprovisions of this compact. All procedures and forms adopted pursuant to boardof compact administrators' action shall be contained in the compact manualadopted by the secretary of the Kansas department of wildlife and parks as aregulation.
(a) This compact shall become effective when it has been adopted by at leasttwo states.
(b) (1) Entry into the compact shall be made by resolution of ratificationexecuted by the authorized officials of the applying state and submitted to thechairperson of the board of compact administrators.
(2) The resolution shall be in a form and content as provided in the compactmanual adopted by the secretary of the Kansas department of wildlife and parksas a regulation and shall include statements that in substance are as follows:
(i) A citation of the authority by which the state is empowered to becomea party to this compact;
(ii) Agreement to comply with the terms and provisions of the compact; and
(iii) That compact entry is with all states then party to the compact andwith any state that legally becomes a party to the compact.
(3) The effective date of entry shall be specified by the applying state, butshall not be less than 60 days after notice has been given by thechairperson of the board of compact administrators or by the secretariat of theboard of compact administrators to each party state that the resolution fromthe applying state has been received.
(c) A party state may withdraw from this compact by official written noticeto the other party states, but a withdrawal shall not take effect until 90days after notice of withdrawal is given. The notice shall be directed to thecompact administrator of each member state. No withdrawal shall affect thevalidity of this compact as to the remaining party states.
(a) This compact may be amended from time to time. Amendments shall bepresented in resolution form to the chairperson of the board of compactadministrators and may be initiated by one or more party states.
(b) Adoption of an amendment shall require endorsement by all party statesand shall become effective 30 days after the date of the last endorsement.
(c) Failure of a party state to respond to the compact chairperson within120 days after receipt of the proposed amendment shall constituteendorsement.
This compact shall be liberally construed so as to effectuate the purposesstated herein. The provisions of this compact shall be severable and if anyphrase, clause, sentence, or provision of this compact is declared to becontrary to the constitution of any party state or of the United States or theapplicability thereof to any government, agency, individual, or circumstance isheld invalid, the remainder of the compact shall not be affected thereby. Ifthis compact shallbe held contrary to the constitution of any party state thereto, the compactshall remain in full force and effect as to the remaining states and in fullforce and effect as to the state affected as to all severable matters.
This compact shall be known as the wildlife violator compact.
History: L. 2005, ch. 70, § 1; July 1.