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12  AN ACT concerning law enforcement powers of conservation officers;
13    [retirement;] amending K.S.A. 32-808 and 32-1048 [and K.S.A.
14    1996 Supp. 74-4952] and repealing the existing sections.
15
16  Be it enacted by the Legislature of the State of Kansas:
17    Section 1.  K.S.A. 32-808 is hereby amended to read as follows: 32-
18  808. (a) The secretary shall organize a wildlife and parks conservation
19  service and employ conservation officers and other employees, regardless
20  of title, to exercise law enforcement authority as provided in subsection
21    (b), if such officers and other employees successfully complete the required
22  course of instruction for law enforcement officers approved by the Kansas
23  law enforcement training center pursuant to K.S.A. 74-5607a and amend-
24  ments thereto, and employees appointed on a provisional or probationary
25  basis for a period of not more than one year, except that such provisional
26  or probationary employee shall meet at least the criteria on appointment
27  specified in K.S.A. 74-5605 and amendments thereto, and shall not be
28  issued a firearm until such employee has been instructed and trained in
29  the use thereof by the department. An employee appointed on a provi-
30  sional or probationary basis, who does not receive the certificate required
31  under subsection (a) of K.S.A. 74-5607a and amendments thereto, within
32  one year following the date of the person's original appointment shall not
33  have authority to enforce the laws of the state as provided in subsection
34    (b). The secretary may appoint permanent conservation officers and em-
35  ployees of the department, including appointment in the capacity as dep-
36  uty conservation officers, and may appoint  Kansas law enforcement of-
37  ficers temporarily assigned by their employer to the department pursuant
38  to K.S.A. 74-5610 and amendments thereto, to assist in the wildlife and
39  parks conservation service enforcement of all laws of the state as provided
40  in subsection (b) in a manner determined by the secretary. All deputy
41  conservation officer appointments shall be on a voluntary basis and shall
42  expire on December 31 following the date of any such appointment.
43    (b)  Conservation officers, deputy conservation officers and other em-
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 1  ployees who have completed the course of instruction as provided in sub-
 2  section (a), provisional or probationary employees who have met the
 3  requirements of subsection (a) and any other Kansas law enforcement
 4  officers authorized to enforce the laws of the state of Kansas shall have
 5  the power and authority to:
 6    (1) Enforce all the wildlife and parks laws and statutory provisions of
 7  chapter 32 of the Kansas Statutes Annotated or any rules and regulations
 8  promulgated thereunder, or any other laws of the state anywhere within
 9  the state, including but not limited to chapter 8 of the Kansas Statutes
10  Annotated, and amendments thereto, and the rules and regulations of the
11  secretary.[, except that nothing in this act shall grant conservation
12  officers, deputy conservation officers and other employees author-
13  ity that supersedes that of the local law enforcement authority hav-
14  ing jurisdiction over the matter.] The secretary shall establish a policy
15  under which the department's officers and other employees primarily di-
16  rect such officers' and employees' efforts toward the protection, conser-
17  vation and management of natural resources of this state and the provision
18  of safe and orderly lands controlled by the department. Such officers shall
19  also have the powers of arrest set forth in K.S.A. 22-2401, and amend-
20  ments thereto, and are empowered to make arrests, pursuant to K.S.A.
21  22-2307, and amendments thereto, as required by any policy adopted by
22  the secretary. A conservation officer acting under authority of this sub-
23  section shall be considered an employee of the department and shall be
24  subject to its direction, benefits and legal protection.
25    (2)  Serve anywhere within the state warrants and subpoenas issued
26  for the examination, investigation or trial of all offenses against the wildlife
27  and parks laws and rules and regulations of the secretary and of violations
28  of department controlled lands and waters, of any law and of any rule and
29  regulation of the state of Kansas violations of all laws of the state as
30  provided in subsection (b).
31    (3)  Carry firearms or weapons, concealed or otherwise, in the per-
32  formance of their duties but only if the officer or employee has completed
33  the required course of instruction for law enforcement officers at the
34  Kansas law enforcement training center, unless otherwise qualified pur-
35  suant to K.S.A. 74-5608a and amendments thereto or as to a provisional
36  or probationary employee who has met the requirements of subsection
37    (a).
38    [(c)  Conservation officers, deputy conservation officers and
39  other employees employed or appointed as provided in this section
40  shall not be deemed policemen for purposes of nor be members of
41  the Kansas police and firemen's retirement system.]
42    Sec. 2.  K.S.A. 32-1048 is hereby amended to read as follows: 32-
43  1048. Conservation officers and deputy conservation officers in the wild-
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 1  life and parks conservation service Any officer or other employee of the
 2  department who meets the criteria specified in subsection (a) of K.S.A.
 3  32-808 and amendments thereto and any other Kansas law enforcement
 4  officer authorized to enforce the laws of this state shall have the power
 5  to arrest without warrants and with warrants pursuant to the authority
 6  granted in subsection (b) of K.S.A. 32-808, and amendments
 7  thereto, at any place in the state of Kansas, any person or persons found
 8  violating any of the wildlife and parks laws of this state, or the rules and
 9  regulations adopted thereunder, without warrants, and with warrants
10  where not found violating such laws of the state, and rules and regulations
11  promulgated thereunder pursuant to the authority granted in K.S.A. 32-
12  808 chapter 32 of the Kansas Statutes Annotated, and amendments
13  thereto, and to bring such persons forthwith immediately before the near-
14  est proper judge of the district court of the county within which such
15  violation took place for trial.
16    [Sec. 3.  K.S.A. 1996 Supp. 74-4952 is hereby amended to read
17  as follows: 74-4952. As used in K.S.A. 74-4951 et seq. and amend-
18  ments thereto:
19    [(1)  ``Accumulated contributions'' means the sum of all contri-
20  butions by a member to the system which shall be credited to the
21  member's account with interest allowed thereon after June 30, 1982.
22    [(2)  ``Disability'' means the total inability to perform perma-
23  nently the duties of the position of a policeman or fireman.
24    [(3)  ``Eligible employer'' means any city, county, township or
25  other political subdivision of the state employing one or more em-
26  ployees as firemen or policemen.
27    [(4)  ``Employee'' means any policeman or fireman employed by
28  a participating employer whose employment for police or fireman
29  purposes is not seasonal or temporary and requires at least 1,000
30  hours of work per year.
31    [(5)  ``Entry date'' means the date as of which an eligible em-
32  ployer joins the system; the first entry date pursuant to this act is
33  January 1, 1967.
34    [(6)  ``Final average salary'' means:
35    [(a)  For members who are first hired as an employee, as defined
36  in subsection (4), before July 1, 1993, the average highest annual
37  compensation paid to a member for any three of the last five years
38  of participating service immediately preceding retirement or ter-
39  mination of employment, or if participating service is less than three
40  years, then the average annual compensation paid to the member
41  during the full period of participating service, or if a member has
42  less than one calendar year of participating service, then the mem-
43  ber's final average salary shall be computed by multiplying the
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 1  member's highest monthly salary received in that year by 12;
 2    [(b)  for members who are first hired as an employee, as defined
 3  in subsection (4), on and after July 1, 1993, the average highest
 4  annual salary, as defined in subsection (34) of K.S.A. 74-4902 and
 5  amendments thereto, paid to a member for any three of the last five
 6  years of participating service immediately preceding retirement or
 7  termination of employment, or if participating service is less than
 8  three years, then the average annual salary, as defined in subsection
 9  (34) of K.S.A. 74-4902 and amendments thereto, paid to the member
10  during the full period of participating service, or if a member has
11  less than one calendar year of participating service, then the mem-
12  ber's final average salary shall be computed by multiplying the
13  member's highest monthly salary received in that year by 12;
14    [(c)  for purposes of subparagraphs (a) and (b) of this subsec-
15  tion, the date that such member is first hired as an employee for
16  members who are employees of employers that elected to partici-
17  pate in the system on or after January 1, 1994, shall be the date
18  that such employee's employer elected to participate in the system;
19  and
20    [(d)  for any application to purchase or repurchase service
21  credit for a certain period of service as provided by law received
22  by the system after May 17, 1994, for any member who will have
23  contributions deducted from such member's compensation at a per-
24  centage rate equal to two or three times the employee's rate of con-
25  tribution or who will have contributions deducted from such mem-
26  ber's compensation at an additional rate of contribution, in addition
27  to the employee's rate of contribution as provided in K.S.A. 74-4919
28  and amendments thereto or will begin paying to the system a lump-
29  sum amount for such member's purchase or repurchase, and such
30  deductions or lump-sum payment commences after the commence-
31  ment of the first payroll period in the third quarter, ``final average
32  salary'' shall not include any amount of compensation or salary
33  which is based on such member's purchase or repurchase. Any ap-
34  plication to purchase or repurchase multiple periods of service shall
35  be treated as multiple applications.
36    [(7)  ``Retirement benefit'' means a monthly income or the ac-
37  tuarial equivalent thereof paid in such manner as specified by the
38  member as provided under the system or as otherwise allowed to
39  be paid at the discretion of the board, with benefits accruing from
40  the first day of the month coinciding with or following retirement
41  and ending on the last day of the month in which death occurs. Upon
42  proper identification such surviving spouse may negotiate the war-
43  rant issued in the name of the retirant.
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 1    [(8)  ``Normal retirement date'' means the date on or after which
 2  a member may retire with eligibility for retirement benefits for age
 3  and service as provided in subsections (1) and (3) of K.S.A. 74-4957
 4  and amendments thereto;
 5    [(9)  ``Retirement system'' or ``system'' means the Kansas police
 6  and firemen's retirement system as established by this act and as it
 7  may be hereafter amended.
 8    [(10)  ``Service-connected'' means with regard to a death or any
 9  physical or mental disability, any such death or disability resulting
10  from external force, violence or disease occasioned by an act of duty
11  as a policeman or fireman and, for any member after five years of
12  credited service, includes any death or disability resulting from a
13  heart disease or disease of the lung or respiratory tract or cancer
14  as provided in this subsection, except that in the event that the mem-
15  ber ceases to be a contributing member except by reason of a serv-
16  ice-connected disability for a period of six months or more and then
17  again becomes a contributing member, the provision relating to
18  death or disability resulting from a heart disease, disease of the lung
19  or respiratory tract or cancer as provided in this subsection shall
20  not apply until such member has again become a contributing mem-
21  ber for a period of not less than two years or unless clear and precise
22  evidence is presented that the heart disease, disease of the lung or
23  respiratory tract or cancer as provided in this subsection was in
24  fact occasioned by an act of duty as a policeman or fireman. The
25  provisions of this section relating to the presumption that the death
26  or disability resulting from cancer is service-connected shall only
27  apply if the condition that caused the death or disability is a type
28  of cancer which may, in general, result from exposure to heat, ra-
29  diation or a known carcinogen.
30    [(11)  ``Fireman'' or ``firemen'' means an employee assigned to
31  the fire department and engaged in the fighting and extinguishment
32  of fires and the protection of life and property therefrom or in sup-
33  port thereof and who is specifically designated, appointed, commis-
34  sioned or styled as such by the governing body or city manager of
35  the participating employer and certified to the retirement system as
36  such.
37    [(12)  ``Police,'' ``policeman'' or ``policemen'' means an employee
38  assigned to the police department and engaged in the enforcement
39  of law and maintenance of order within the state and its political
40  subdivisions, including sheriffs and sheriffs' deputies, or in support
41  thereof and who is specifically designated, appointed, commis-
42  sioned or styled as such by the governing body or city manager of
43  the participating employer and certified to the retirement system as
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 1  such. ``Police'', ``policeman'' or ``policemen'' shall not include any conser-
 2  vation officer, deputy conservation officer or other employee of the de-
 3  partment of wildlife and parks employed or appointed as provided in
 4  K.S.A. 32-808 and amendments thereto.
 5    [(13)  Except as otherwise defined in this act, words and phrases
 6  used in K.S.A. 74-4951 et seq. and amendments thereto, shall have
 7  the same meanings ascribed to them as are defined in K.S.A. 74-
 8  4902 and amendments thereto.]
 9    Sec. 3 [4] 3.  K.S.A. 32-808 and 32-1048 [and K.S.A. 1996 Supp.
10  74-4952] are hereby repealed.
11    Sec. 4 [5] 4.  This act shall take effect and be in force from and after
12  its publication in the Kansas register.