Ch. 168             1997 Session Laws of Kansas             1171

An Act concerning law enforcement; relating to training center; sheriffs; qualifications and
officer training requirements; conservation officers; amending K.S.A. 19-801b, 32-808,
32-1048 and 74-5617 and K.S.A. 1996 Supp. 74-5602, 74-5605, 74-5608a and 74-5616
and repealing the existing sections; also repealing K.S.A. 1996 Supp. 74-5602a.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 19-801b is hereby amended to read as follows:
19-801b. (a) No person shall be eligible for nomination, election or ap-
pointment to the office of sheriff unless such person:

(1) Is a citizen of the United States and a qualified elector of the
county;

(2) possesses a high-school education or its recognized equivalent;
and

(3) has never been convicted of or pleaded guilty or entered a plea
of nolo contendere to any felony charge, a misdemeanor crime of domestic
violence as defined in K.S.A. 74-5602 and amendments thereto or to any
violation of any federal or state laws or city ordinances relating to gam-
bling, liquor or narcotics.

(b) Every person elected to the office of sheriff for the first time, or
anyone reelected or appointed to the office after having been out of the
office for two five years or more shall be required to attend the law
enforcement training academy center as established by K.S.A. 74-5601 et

1172             1997 Session Laws of Kansas             Ch. 168

seq., and amendments thereto, and satisfactorily complete the required
training course of not less than 320 hours, unless such person has satis-
factorily completed such training course within the two five years prior
to election or appointment, passes a written competency test and firearms
proficiency qualification course developed and administered by the Kan-
sas law enforcement training center or unless the director, as defined in
subsection (d) of K.S.A. 74-5602, and amendments thereto, waives the
requirements of this subsection as provided in K.S.A. 74-5608a and
amendments thereto. Unless the requirements are waived, any person
elected or appointed to the office of sheriff who has not attended the law
enforcement training academy center shall hold office on a provisional
basis, and such person shall attend the next scheduled training program
at the law enforcement training academy center and satisfactorily com-
plete such training program or the one subsequent to it, or shall forfeit
such office.

(c) Each newly elected sheriff of each county who is required to at-
tend the law enforcement training academy center shall be hired as a
deputy sheriff and shall be paid a salary as deputy sheriff while attending
the law enforcement training center and. The tuition, board, room and
travel expense for the sheriff-elect at the law enforcement training center
shall be paid by the county.

Sec. 2. K.S.A. 1996 Supp. 74-5602 is hereby amended to read as
follows: 74-5602. As used in the Kansas law enforcement training act:

(a) ``Training center'' means the law enforcement training center
within the division of continuing education of the university of Kansas,
created by K.S.A. 74-5603 and amendments thereto.

(b) ``Commission'' means the Kansas law enforcement training com-
mission, created by K.S.A. 74-5606 and amendments thereto.

(c) ``Dean'' means the dean of the division of continuing education
of the university of Kansas.

(d) ``Director,'' as created in K.S.A. 74-5603 and amendments
thereto, means the director of police training at the law enforcement
training center.

(e) ``Police officer'' or ``law enforcement officer'' means a full-time or
part-time salaried officer or employee of the state, a county or a city,
whose duties include the prevention or detection of crime and the en-
forcement of the criminal or traffic laws of this state or of any municipality
thereof. Such terms shall include, but not be limited to, the sheriff, un-
dersheriff and full-time or part-time salaried deputies in the sheriff's of-
fice in each county; deputy sheriffs deputized pursuant to K.S.A. 19-2858
and amendments thereto; conservation officers of the Kansas department
of wildlife and parks; campus police officers at all state educational insti-
tutions or a municipal university; law enforcement agents of the director
of alcoholic beverage control; law enforcement agents of the Kansas lot-

Ch. 168             1997 Session Laws of Kansas             1173

tery; law enforcement agents of the Kansas racing commission; deputies
and assistants of the state fire marshal having law enforcement authority;
capitol area security guards, existing under the authority of K.S.A. 75-
4503 and amendments thereto. Such terms shall also include railroad
policemen appointed pursuant to K.S.A. 66-524 and amendments
thereto; and school security officers designated as school law enforcement
officers pursuant to K.S.A. 72-8222 and amendments thereto. Such terms
shall not include any elected official, other than a sheriff, serving in the
capacity of a law enforcement or police officer solely by virtue of such
official's elected position; any attorney-at-law having responsibility for law
enforcement and discharging such responsibility solely in the capacity of
an attorney; any employee of the secretary of corrections or the secretary
of social and rehabilitation services; any deputy conservation officer of
the Kansas department of wildlife and parks; or any employee of a city
or county who is employed solely to perform correctional duties related
to jail inmates and the administration and operation of a jail; or any
full-time or part-time salaried officer or employee whose duties include
the issuance of a citation or notice to appear provided such officer or
employee is not vested by law with the authority to make an arrest for
violation of the laws of this state or any municipality thereof, and is not
authorized to carry firearms when discharging the duties of such person's
office or employment. Such term shall include any officer appointed or
elected on a provisional basis.

(f) ``Full-time'' means employment requiring at least 1,000 hours of
work per year.

(g) ``Part-time'' means employment on a regular schedule or employ-
ment which requires a minimum number of hours each payroll period,
but in any case requiring less than 1,000 hours of work per year.

(h) ``Misdemeanor crime of domestic violence'' means a violation of
domestic battery as defined by subsection (c)(4) of K.S.A. 21-3412 and
amendments thereto, or any other misdemeanor under federal, municipal
or state law that has as an element the use or attempted use of physical
force, or the threatened use of a deadly weapon, committed by a current
or former spouse, parent, or guardian of the victim, by a person with
whom the victim shares a child in common, by a person who is cohabiting
with or has cohabited with the victim as a spouse, parent or guardian, or
by a person similarly situated to a spouse, parent or guardian of the
victim.

(i) ``Auxiliary personnel'' means members of organized nonsalaried
groups which operate as an adjunct to a police or sheriff's department,
including reserve officers, posses and search and rescue groups.

Sec. 3. K.S.A. 1996 Supp. 74-5605 is hereby amended to read as
follows: 74-5605. Every applicant for admission to a course for police
officers or law enforcement officers conducted by the training center shall

1174             1997 Session Laws of Kansas             Ch. 168

be an employee of a state, county or city law enforcement agency, a
municipal university police officer, a railroad policeman appointed pur-
suant to K.S.A. 66-524, and amendments thereto; an employee of the
tribal law enforcement agency of an Indian nation that has entered into
a tribal-state gaming compact with this state; or a school security officer
designated as a school law enforcement officer pursuant to K.S.A. 72-
8222, and amendments thereto. Prior to admission to a course conducted
at the training center or at a certified state or local law enforcement
agency, the applicant shall furnish to the director a statement from the
applicant's appointing authority or agency head certifying the applicant's
fulfillment of the following requirements. The applicant:

(a) Is a United States citizen;

(b) has been fingerprinted and a search of local, state and national
fingerprint files has been made to determine whether the applicant has
a criminal record;

(c) has not been convicted, does not have an expunged conviction,
and on and after the effective date of this act July 1, 1995, has not been
placed on diversion by any state or the federal government for a crime
which is a felony or its equivalent under the uniform code of military
justice;

(d) has not been convicted, does not have an expunged conviction,
has not been placed on diversion by any state or the federal government
for a misdemeanor crime of domestic violence or its equivalent under the
uniform code of military justice, when such misdemeanor crime of do-
mestic violence was committed on or after the effective date of this act;

(e) is the holder of a high-school diploma or furnishes evidence of
successful completion of an examination indicating an equivalent achieve-
ment;

(e) (f) is of good moral character;

(f) (g) has completed a psychological test approved by the commis-
sion;

(g) (h) is free of any physical or mental condition which might ad-
versely affect the applicant's performance of a police officer's or law en-
forcement officer's duties; and

(h) (i) is at least 21 years of age.

Sec. 4. K.S.A. 1996 Supp. 74-5608a is hereby amended to read as
follows: 74-5608a. (a) The director may, in the exercise of discretion,
award a certificate attesting to the satisfactory completion of a basic
course of instruction to any person who has been duly certified under the
laws of another state or territory if, in the opinion of the director, the
requirements for certification in such other jurisdiction equal or exceed
the qualifications required to complete satisfactorily the basic course of
instruction at the training center.

(b) The director may waive any number of the hours or courses re-

Ch. 168             1997 Session Laws of Kansas             1175

quired to complete the basic course of instruction at the training center,
80 hour part-time school, reciprocity school or for the hours required for
annual continuing education for any person who, in the opinion of the
director, has received sufficient training or experience that such hours of
instruction at the training center would be, unless waived, unduly bur-
densome or duplicitous.

Sec. 5. K.S.A. 1996 Supp. 74-5616 is hereby amended to read as
follows: 74-5616. (a) To be eligible for permanent appointment as a police
officer or law enforcement officer, a person must first be certified to
perform the function of law enforcement by the Kansas law enforcement
training commission. The commission's certification shall be awarded to
persons who:

(1) Are at least 21 years of age, have successfully completed or sat-
isfied the training requirements specified by subsection (a) of K.S.A.
74-5607a and amendments thereto and meet the requirements of K.S.A.
74-5605 and amendments thereto; (2) received a permanent appointment
as a police officer or law enforcement officer prior to July 1, 1969; or (3)
hold a permanent appointment as a police officer or law enforcement
officer on July 1, 1983.

(b) The commission may suspend, revoke or deny the certification of
a police officer or law enforcement officer who fails to meet the require-
ments of K.S.A. 74-5605 or 74-5607a, and amendments thereto, or has
met such requirements by falsifying documents or failing to disclose in-
formation required for certification.

(c) The commission shall immediately institute proceedings to revoke
the certification of any police officer or law enforcement officer convicted
of, or on or after the effective date of this act July 1, 1995, diverted for
a felony under the laws of this state, another state or the United States
or of its equivalent under the uniform code of military justice or convicted
of or diverted for a misdemeanor crime of domestic violence under the
laws of this state, another state or the United States or of its equivalent
under the uniform code of military justice, when such misdemeanor crime
of domestic violence was committed on or after the effective date of this
act.

(d) The procedure for the public or private censure, reprimand, pro-
bation, suspension, revocation and denial of certification of a person as a
police officer or law enforcement officer or an applicant for certification
shall be in accordance with the Kansas administrative procedure act.

(e) Any action of the commission pursuant to subsection (d) is subject
to review in accordance with the act for judicial review and civil enforce-
ment of agency actions. The attorney general shall prosecute or defend
any action for review on behalf of the state, but the county or district
attorney of the county where the police or law enforcement officer has

1176             1997 Session Laws of Kansas             Ch. 168

been employed as such shall appear and prosecute or defend such action
upon request of the attorney general.

Sec. 6. K.S.A. 74-5617 is hereby amended to read as follows: 74-
5617. (a) Every candidate for permanent appointment to a position as a
police officer or law enforcement officer shall meet the minimum training
criteria specified in K.S.A. 74-5605 and amendments thereto and shall
have attained 21 years of age.

(b) For the purpose of determining the eligibility of an individual for
certification under this act, the commission may require the submission
of training and education records, and experience history, medical history,
medical examination reports and records, and interview appraisal forms.

(c) Law enforcement agencies in Kansas shall be responsible for their
agency's observance of the hiring requirements of this section.

(d) No law enforcement agency head or other appointing authority
shall knowingly permit the hiring of any person in violation of the require-
ments of this act, or knowingly permit the continued employment of any
person as a law enforcement officer after receiving written notice from
the commission that the person has had such person's certification re-
voked as provided for under this act. No law enforcement agency head or
other appointing authority shall knowingly permit any auxiliary person-
nel who have been convicted of a felony offense under the laws of Kansas
or any other jurisdiction access to law enforcement records or commu-
nication systems that are restricted under state or federal law or appoint
as a reserve officer any person who does not meet the requirements of
K.S.A. 74-5605 and amendments thereto. Any violation of the require-
ments of this act shall be deemed to constitute misconduct in office and
shall subject the agency head or appointing authority to:

(1) Removal from office pursuant to K.S.A. 60-1205 and amendments
thereto; or (2) a civil penalty in a sum set by the court of not to exceed
$500 for each occurrence of noncompliance in an action brought in the
district court by the attorney general or by the county or district attorney,
which penalty shall be paid to the state treasurer for deposit in the state
treasury and credit to the state general fund, if the action is brought by
the attorney general, or paid to the county treasurer for deposit in the
county treasury and credit to the county general fund, if the action is
brought by the county or district attorney.

(e) Whenever in the judgment of the commission any person has
engaged in any acts or practices which constitute a violation of this act,
or any rules and regulations of the commission, the commission may make
application to the district court, without giving bond, for civil enforcement
of this act or rules and regulations in accordance with the act for judicial
review and civil enforcement of agency actions. The district or county
attorney of any county shall at the request of the commission render such
legal assistance as necessary in carrying out the provisions of this act.

Ch. 168             1997 Session Laws of Kansas             1177

Upon the request of the commission, the district or county attorney of
the proper county shall institute in the name of the state or commission
proceedings for appropriate relief, whether mandatory, injunctive or de-
claratory, preliminary or final, temporary or permanent, equitable or le-
gal, against any person regarding whom a complaint has been made charg-
ing such person with the violation of any provision of this act.

(f) The commission shall make such inquiry as necessary to determine
compliance with the requirements of this section and the rules and reg-
ulations adopted under it.

(g) It shall be the responsibility of the agency head to ensure that
every police officer or law enforcement officer under their supervision
has the opportunity to receive the mandatory training as prescribed in
K.S.A. 74-5604a and amendments thereto.

New Sec. 7. (a) Certification by the commission will remain active
for a period of five years after leaving employment as a law enforcement
officer. Certification which has lapsed due to more than five years since
employment as a law enforcement officer may be reinstated if the appli-
cant, within one year of reappointment:

(1) Satisfactorily completes the current basic training required under
K.S.A. 74-5607a and amendments thereto;

(2) passes a written competency test and firearms proficiency quali-
fication course developed and administered by the Kansas law enforce-
ment training center; or

(3) obtains from the director pursuant to subsection (b) of K.S.A. 74-
5608a and amendments thereto, a waiver based on the training, experi-
ence and circumstances of the applicant.

(b) The provisions of this section shall be part of and supplemental
to the Kansas law enforcement training act.

Sec. 8. K.S.A. 32-808 is hereby amended to read as follows: 32-808.
(a) The secretary shall organize a wildlife and parks conservation service
and employ conservation officers and other employees, regardless of title,
to exercise law enforcement authority as provided in subsection (b), if
such officers and other employees successfully complete the required
course of instruction for law enforcement officers approved by the Kansas
law enforcement training center pursuant to K.S.A. 74-5607a and amend-
ments thereto, and employees appointed on a provisional or probationary
basis for a period of not more than one year, except that such provisional
or probationary employee shall meet at least the criteria on appointment
specified in K.S.A. 74-5605 and amendments thereto, and shall not be
issued a firearm until such employee has been instructed and trained in
the use thereof by the department. An employee appointed on a provi-
sional or probationary basis, who does not receive the certificate required
under subsection (a) of K.S.A. 74-5607a and amendments thereto, within
one year following the date of the person's original appointment shall not

1178             1997 Session Laws of Kansas             Ch. 168

have authority to enforce the laws of the state as provided in subsection
(b). The secretary may appoint permanent conservation officers and em-
ployees of the department, including appointment in the capacity as dep-
uty conservation officers, and may appoint Kansas law enforcement of-
ficers temporarily assigned by their employer to the department pursuant
to K.S.A. 74-5610 and amendments thereto, to assist the wildlife and
parks conservation service in a manner determined by the secretary. All
deputy conservation officer appointments shall be on a voluntary basis
and shall expire on December 31 following the date of any such appoint-
ment.

(b) Conservation officers, deputy conservation officers and other em-
ployees who have completed the course of instruction as provided in sub-
section (a), provisional or probationary employees who have met the
requirements of subsection (a) and any other Kansas law enforcement
officers authorized to enforce the laws of the state of Kansas shall have
the power and authority to:

(1) Enforce all the wildlife and parks laws and statutory provisions of
chapter 32 of the Kansas Statutes Annotated or any rules and regulations
promulgated thereunder, or any other laws of the state anywhere within
the state, including but not limited to chapter 8 of the Kansas Statutes
Annotated, and amendments thereto, and the rules and regulations of the
secretary., except that nothing in this act shall grant conservation officers,
deputy conservation officers and other employees authority that super-
sedes that of the local law enforcement authority having jurisdiction over
the matter. The secretary shall establish a policy under which the de-
partment's officers and other employees primarily direct such officers' and
employees' efforts toward the protection, conservation and management
of natural resources of this state and the provision of safe and orderly
lands controlled by the department. Such officers shall also have the pow-
ers of arrest set forth in K.S.A. 22-2401, and amendments thereto, and
are empowered to make arrests, pursuant to K.S.A. 22-2307, and amend-
ments thereto, as required by any policy adopted by the secretary. A
conservation officer acting under authority of this subsection shall be
considered an employee of the department and shall be subject to its
direction, benefits and legal protection.

(2) Serve anywhere within the state warrants and subpoenas issued
for the examination, investigation or trial of all offenses against the wildlife
and parks laws and rules and regulations of the secretary and of violations
of department controlled lands and waters, of any law and of any rule and
regulation of the state of Kansas violations of all laws of the state as
provided in subsection (b).

(3) Carry firearms or weapons, concealed or otherwise, in the per-
formance of their duties but only if the officer or employee has completed
the required course of instruction for law enforcement officers at the
Kansas law enforcement training center, unless otherwise qualified pur-

Ch. 168             1997 Session Laws of Kansas             1179

suant to K.S.A. 74-5608a and amendments thereto or as to a provisional
or probationary employee who has met the requirements of subsection
(a).

Sec. 9. K.S.A. 32-1048 is hereby amended to read as follows: 32-
1048. Conservation officers and deputy conservation officers in the wild-
life and parks conservation service Any officer or other employee of the
department who meets the criteria specified in subsection (a) of K.S.A.
32-808 and amendments thereto and any other Kansas law enforcement
officer authorized to enforce the laws of this state shall have the power
to arrest pursuant to the authority granted in subsection (b) of K.S.A. 32-
808 and amendments thereto, at any place in the state of Kansas, any
person or persons found violating any of the wildlife and parks laws of
this state, or the rules and regulations adopted thereunder, without war-
rants, and with warrants where not found violating such laws of the state,
and rules and regulations promulgated pursuant to chapter 32 of the Kan-
sas Statutes Annotated, and amendments thereto, and to bring such per-
sons forthwith immediately before the nearest proper judge of the district
court of the county within which such violation took place for trial.

Sec. 10. K.S.A. 19-801b, 32-808, 32-1048 and 74-5617 and K.S.A.
1996 Supp. 74-5602, 74-5602a, 74-5605, 74-5608a and 74-5616 are
hereby repealed.

Sec. 11. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved May 13, 1997.

Published in the Kansas Register: May 22, 1997.