Ongoing Projects:

State Project(s):

Monarch Watch is a volunteer monitoring program based at the Kansas Biological Survey, University of Kansas. See Monarch Watch, U. of Kan. Biological Surv., https://biosurvey.ku.edu/monarch-watch (last visited Feb. 7, 2019).Volunteers across the United States and Canada tag and track individual butterflies to assist scientists in studying monarch populations and migration. See id.; see also MonarchWatch.org, https://www.monarchwatch.org/ (last visited Feb. 7, 2019).  

The Kansas Department of Health and the Environment (“KDHE”) Environmental Interest Finder (“KEIF”) is an application that allows citizens to identify “environmental interest” sites around the State. See Kansas Environmental Interest Finder (KEIF), Kan. Dep’t of Health & Env’t, https://maps.kdhe.state.ks.us/keif/ (last visited Feb. 7, 2019). “Environmental Interest” includes many sources of pollution across different State agencies. See id. This is a potentially useful tool for citizen scientists.

Collection of Information:

Ag-Gag Law:

“(c) No person shall, without the effective consent of the owner and with the intent to damage the enterprise conducted at the animal facility:

(1) Enter an animal facility, not then open to the public, with intent to commit an act prohibited by this section;

(2) remain concealed, with intent to commit an act prohibited by this section, in an animal facility;

(3) enter an animal facility and commit or attempt to commit an act prohibited by this section; or

(4) enter an animal facility to take pictures by photograph, video camera or by any other means.

(d)(1) No person shall … enter or remain on an animal facility if the person…(A) Had notice that the entry was forbidden….” Kan. Stat. § 47-1827.

“Animal facility” “includes any vehicle, building, structure, research facility or premises where an animal is kept, handled, housed, exhibited, bred or offered for sale.”  Id. § 47-1826(b).

Violation of subsection (c) is a class A, nonperson misdemeanor. Id. § 47-1827(g)(3). Violation of subsection (d) is a class B nonperson misdemeanor. Id. § 47-1827(g)(4). Private parties can also recover treble damages in civil suits. Id. § 47-1828.

Scientific Collection Permit:

“Any person wishing to collect any wildlife, protected by law or rules and regulations of the Secretary of the Department of Wildlife, Parks and Tourism, for scientific, educational, or exhibition purposes must obtain a Scientific, Educational, or Exhibition Permit[.]” Education, Exhibition, Collection, and Salvage Permits, Kan. Dep’t of Wildlife, Parks & Tourism, https://ksoutdoors.com/Services/Education-Exhibition-Collection-and-Salvage-Permits (last visited Feb. 7, 2019); see also Kan. Admin. Regs. 115-18-3.

Trespass Laws:

Criminal Liability for Trespass Despite Lack of Notice:

No.  “Criminal trespass is entering or remaining upon or in any…[l]and, nonnavigable body of water, [or] structure, … by a person who knows such person is not authorized or privileged to do so” and notice was given to the individual through personal communication, posted signs, fencing, or secured entry. Kan. Stat. § 21-5808(a)(1) (referencing Kan. Stat. § 32-1013).

Other Provisions:

See supra “Ag-Gag Law.”

Drone Laws:

State Parks:

“Except for designated areas in several Kansas state parks, drone use is not allowed on [Kansas Department of Wildlife, Parks & Tourism (“KDWPT”)]-owned and managed lands without special permission from KDWPT Secretary. Within designated operating areas, drones may not be flown over people, structures, campgrounds or beaches. Drones may not be used to take fish, hunt or locate wounded or harvested game animals. Drones may be used to scout on land not owned or managed by KDWPT, but hunting is not allowed on the same day the aerial scouting occurs.” Unmanned Aircraft Systems or Drones, Kan. Dep’t of Wildlife, Parks & Tourism, https://ksoutdoors.com/Hunting/Hunting-Regulations/New-for-2018/Unmanned-Aircraft-Systems-or-Drones (last visited Feb. 7, 2019).

Stalking Laws:

Criminal Law:

“(a) Stalking is:

(1) Recklessly engaging in a course of conduct targeted at a specific person which would cause a reasonable person in the circumstances of the targeted person to fear for such person’s safety, or the safety of a member of such person’s immediate family and the targeted person is actually placed in such fear; [or]

(2) engaging in a course of conduct targeted at a specific person with knowledge that the course of conduct will place the targeted person in fear for such person’s safety or the safety of a member of such person’s immediate family.”  Kan. Stat. § 21-5427.

Harassment, as an element of stalking, includes any action in the definition of harassment carried out through use of an unmanned aerial system over any dwelling or other place with a reasonable expectation of privacy. Id. § 60-31a02(d)(1).

Use of Information:

Although incomplete, our research has not found any provisions relating to the use of information collected by citizens in enforcement or administrative/legislative actions.

Evidentiary Standards:

Pleading a Claim:

Requires certification that “the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.”  Kan. Stat. § 60-211(b)(3).

Authentication or Chain of Custody:

“Authentication of a writing is required before it may be received in evidence.  Authentication may be by evidence sufficient to sustain a finding of its authenticity or by any other means provided by law.”  Kan. Stat. § 60-464.

Expert Testimony:

Section 60-456(b) and the Daubert standard.  See Kan. Stat. § 60-456(b); see also Manley v. Kansas Dep’t of Revenue, 425 P.3d 375, at *6 (Kan. Ct. App. 2018) (“Kansas courts now apply the standard under [Daubert].”).