CHAPTER  107 HOUSE BILL No. 2098 (Amended by Chapter 185) An  Act concerning wildlife and parks; relating to commercial guide services; concerning
reports of disposition of certain prosecutions; amending K.S.A. 32-964 and 32-1054 and
K.S.A. 2000 Supp. 21-4619 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 2000 Supp. 21-4619 is hereby amended to read as
follows: 21-4619. (a)  (1) Except as provided in subsections (b) and (c),
any person convicted in this state of a traffic infraction, cigarette or to-
bacco infraction, misdemeanor or a class D or E felony, or for crimes
committed on or after July 1, 1993, nondrug crimes ranked in severity
levels 6 through 10 or any felony ranked in severity level 4 of the drug
grid, may petition the convicting court for the expungement of such con-
viction or related arrest records if three or more years have elapsed since
the person: (A) Satisfied the sentence imposed; or (B) was discharged
from probation, a community correctional services program, parole, post-
release supervision, conditional release or a suspended sentence.

      (2) Except as provided in subsections (b) and (c), any person who has
fulfilled the terms of a diversion agreement may petition the district court
for the expungement of such diversion agreement and related arrest re-
cords if three or more years have elapsed since the terms of the diversion
agreement were fulfilled.

      (b) Except as provided in subsection (c), no person may petition for
expungement until five or more years have elapsed since the person sat-
isfied the sentence imposed, the terms of a diversion agreement or was
discharged from probation, a community correctional services program,
parole, postrelease supervision, conditional release or a suspended sen-
tence, if such person was convicted of a class A, B or C felony, or for
crimes committed on or after July 1, 1993, if convicted of an off-grid
felony or any nondrug crime ranked in severity levels 1 through 5 or any
felony ranked in severity levels 1 through 3 of the drug grid, or:

      (1) Vehicular homicide, as defined by K.S.A. 21-3405 and amend-
ments thereto or as prohibited by any law of another state which is in
substantial conformity with that statute;

      (2) a violation of K.S.A. 8-1567 and amendments thereto, or a viola-
tion of any law of another state, which declares to be unlawful the acts
prohibited by that statute;

      (3) driving while the privilege to operate a motor vehicle on the public
highways of this state has been canceled, suspended or revoked, as pro-
hibited by K.S.A. 8-262 and amendments thereto or as prohibited by any
law of another state which is in substantial conformity with that statute;

      (4) perjury resulting from a violation of K.S.A. 8-261a and amend-
ments thereto or resulting from the violation of a law of another state
which is in substantial conformity with that statute;

      (5) violating the provisions of the fifth clause of K.S.A. 8-142 and
amendments thereto, relating to fraudulent applications or violating the
provisions of a law of another state which is in substantial conformity with
that statute;

      (6) any crime punishable as a felony wherein a motor vehicle was
used in the perpetration of such crime;

      (7) failing to stop at the scene of an accident and perform the duties
required by K.S.A. 8-1602, 8-1603 or 8-1604, and amendments thereto,
or required by a law of another state which is in substantial conformity
with those statutes;

      (8) violating the provisions of K.S.A. 40-3104 and amendments
thereto, relating to motor vehicle liability insurance coverage; or

      (9) a violation of K.S.A. 21-3405b, prior to its repeal.

      (c) There shall be no expungement of convictions for the following
offenses or of convictions for an attempt to commit any of the following
offenses: (1) Rape as defined in subsection (a)(2) of K.S.A. 21-3502 and
amendments thereto; (2) indecent liberties with a child as defined in
K.S.A. 21-3503 and amendments thereto; (3) aggravated indecent liber-
ties with a child as defined in K.S.A. 21-3504 and amendments thereto;
(4) criminal sodomy as defined in subsection (a)(2) or (a)(3) of K.S.A. 21-
3505 and amendments thereto; (5) aggravated criminal sodomy as defined
in K.S.A. 21-3506 and amendments thereto; (6) indecent solicitation of a
child as defined in K.S.A. 21-3510 and amendments thereto; (7) aggra-
vated indecent solicitation of a child as defined in K.S.A. 21-3511 and
amendments thereto; (8) sexual exploitation of a child as defined in K.S.A.
21-3516 and amendments thereto; (9) aggravated incest as defined in
K.S.A. 21-3603 and amendments thereto; (10) endangering a child as
defined in K.S.A. 21-3608 and amendments thereto; (11) abuse of a child
as defined in K.S.A. 21-3609 and amendments thereto; (12) capital mur-
der as defined in K.S.A. 21-3439 and amendments thereto; (13) murder
in the first degree as defined in K.S.A. 21-3401 and amendments thereto;
(14) murder in the second degree as defined in K.S.A. 21-3402 and
amendments thereto; (15) voluntary manslaughter as defined in K.S.A.
21-3403 and amendments thereto; (16) involuntary manslaughter as de-
fined in K.S.A. 21-3404 and amendments thereto; (17) involuntary man-
slaughter while driving under the influence of alcohol or drugs as defined
in K.S.A. 2000 Supp. 21-3442 and amendments thereto; or (18) any con-
viction for any offense in effect at any time prior to the effective date of
this act, that is comparable to any offense as provided in this subsection.

      (d) When a petition for expungement is filed, the court shall set a
date for a hearing of such petition and shall cause notice of such hearing
to be given to the prosecuting attorney and the arresting law enforcement
agency. The petition shall state: (1) The defendant's full name;

      (2) the full name of the defendant at the time of arrest, conviction or
diversion, if different than the defendant's current name;

      (3) the defendant's sex, race and date of birth;

      (4) the crime for which the defendant was arrested, convicted or di-
verted;

      (5) the date of the defendant's arrest, conviction or diversion; and

      (6) the identity of the convicting court, arresting law enforcement
authority or diverting authority. There shall be no docket fee for filing a
petition pursuant to this section. All petitions for expungement shall be
docketed in the original criminal action. Any person who may have rel-
evant information about the petitioner may testify at the hearing. The
court may inquire into the background of the petitioner and shall have
access to any reports or records relating to the petitioner that are on file
with the secretary of corrections or the Kansas parole board.

      (e) At the hearing on the petition, the court shall order the peti-
tioner's arrest record, conviction or diversion expunged if the court finds
that:

      (1) The petitioner has not been convicted of a felony in the past two
years and no proceeding involving any such crime is presently pending
or being instituted against the petitioner;

      (2) the circumstances and behavior of the petitioner warrant the
expungement; and

      (3) the expungement is consistent with the public welfare.

      (f) When the court has ordered an arrest record, conviction or diver-
sion expunged, the order of expungement shall state the information re-
quired to be contained in the petition. The clerk of the court shall send
a certified copy of the order of expungement to the Kansas bureau of
investigation which shall notify the federal bureau of investigation, the
secretary of corrections and any other criminal justice agency which may
have a record of the arrest, conviction or diversion. After the order of
expungement is entered, the petitioner shall be treated as not having been
arrested, convicted or diverted of the crime, except that:

      (1) Upon conviction for any subsequent crime, the conviction that
was expunged may be considered as a prior conviction in determining the
sentence to be imposed;

      (2) the petitioner shall disclose that the arrest, conviction or diversion
occurred if asked about previous arrests, convictions or diversions:

      (A) In any application for employment as a detective with a private
detective agency, as defined by K.S.A. 75-7b01 and amendments thereto;
as security personnel with a private patrol operator, as defined by K.S.A.
75-7b01 and amendments thereto; or with an institution, as defined in
K.S.A. 76-12a01 and amendments thereto, of the department of social
and rehabilitation services;

      (B) in any application for admission, or for an order of reinstatement,
to the practice of law in this state;

      (C) to aid in determining the petitioner's qualifications for employ-
ment with the Kansas lottery or for work in sensitive areas within the
Kansas lottery as deemed appropriate by the executive director of the
Kansas lottery;

      (D) to aid in determining the petitioner's qualifications for executive
director of the Kansas racing commission, for employment with the com-
mission or for work in sensitive areas in parimutuel racing as deemed
appropriate by the executive director of the commission, or to aid in
determining qualifications for licensure or renewal of licensure by the
commission;

      (E) upon application for a commercial driver's license under K.S.A.
8-2,125 through 8-2,142, and amendments thereto;

      (F) to aid in determining the petitioner's qualifications to be an em-
ployee of the state gaming agency;

      (G) to aid in determining the petitioner's qualifications to be an em-
ployee of a tribal gaming commission or to hold a license issued pursuant
to a tribal-state gaming compact; or

      (H) in any application for registration as a broker-dealer, agent, in-
vestment adviser or investment adviser representative all as defined in
K.S.A. 17-1252 and amendments thereto; or

      (I) in any application for a commercial guide permit or associate
guide permit under K.S.A. 32-964, and amendments thereto;

      (3) the court, in the order of expungement, may specify other cir-
cumstances under which the conviction is to be disclosed;

      (4) the conviction may be disclosed in a subsequent prosecution for
an offense which requires as an element of such offense a prior conviction
of the type expunged; and

      (5) upon commitment to the custody of the secretary of corrections,
any previously expunged record in the possession of the secretary of cor-
rections may be reinstated and the expungement disregarded, and the
record continued for the purpose of the new commitment.

      (g) Whenever a person is convicted of a crime, pleads guilty and pays
a fine for a crime, is placed on parole, postrelease supervision or proba-
tion, is assigned to a community correctional services program, is granted
a suspended sentence or is released on conditional release, the person
shall be informed of the ability to expunge the arrest records or convic-
tion. Whenever a person enters into a diversion agreement, the person
shall be informed of the ability to expunge the diversion.

      (h) Subject to the disclosures required pursuant to subsection (f), in
any application for employment, license or other civil right or privilege,
or any appearance as a witness, a person whose arrest records, conviction
or diversion of a crime has been expunged under this statute may state
that such person has never been arrested, convicted or diverted of such
crime, but the expungement of a felony conviction does not relieve an
individual of complying with any state or federal law relating to the use
or possession of firearms by persons convicted of a felony.

      (i) Whenever the record of any arrest, conviction or diversion has
been expunged under the provisions of this section or under the provi-
sions of any other existing or former statute, the custodian of the records
of arrest, conviction, diversion and incarceration relating to that crime
shall not disclose the existence of such records, except when requested
by:

      (1) The person whose record was expunged;

      (2) a private detective agency or a private patrol operator, and the
request is accompanied by a statement that the request is being made in
conjunction with an application for employment with such agency or op-
erator by the person whose record has been expunged;

      (3) a court, upon a showing of a subsequent conviction of the person
whose record has been expunged;

      (4) the secretary of social and rehabilitation services, or a designee of
the secretary, for the purpose of obtaining information relating to em-
ployment in an institution, as defined in K.S.A. 76-12a01 and amend-
ments thereto, of the department of social and rehabilitation services of
any person whose record has been expunged;

      (5) a person entitled to such information pursuant to the terms of the
expungement order;

      (6) a prosecuting attorney, and such request is accompanied by a
statement that the request is being made in conjunction with a prosecu-
tion of an offense that requires a prior conviction as one of the elements
of such offense;

      (7) the supreme court, the clerk or disciplinary administrator thereof,
the state board for admission of attorneys or the state board for discipline
of attorneys, and the request is accompanied by a statement that the
request is being made in conjunction with an application for admission,
or for an order of reinstatement, to the practice of law in this state by the
person whose record has been expunged;

      (8) the Kansas lottery, and the request is accompanied by a statement
that the request is being made to aid in determining qualifications for
employment with the Kansas lottery or for work in sensitive areas within
the Kansas lottery as deemed appropriate by the executive director of the
Kansas lottery;

      (9) the governor or the Kansas racing commission, or a designee of
the commission, and the request is accompanied by a statement that the
request is being made to aid in determining qualifications for executive
director of the commission, for employment with the commission, for
work in sensitive areas in parimutuel racing as deemed appropriate by
the executive director of the commission or for licensure, renewal of
licensure or continued licensure by the commission;

      (10) the Kansas sentencing commission;

      (11) the state gaming agency, and the request is accompanied by a
statement that the request is being made to aid in determining qualifi-
cations: (A) To be an employee of the state gaming agency; or (B) to be
an employee of a tribal gaming commission or to hold a license issued
pursuant to a tribal-gaming compact; or

      (12) the Kansas securities commissioner or a designee of the com-
missioner, and the request is accompanied by a statement that the request
is being made in conjunction with an application for registration as a
broker-dealer, agent, investment adviser or investment adviser represen-
tative by such agency and the application was submitted by the person
whose record has been expunged; or

      (13) the department of wildlife and parks and the request is accom-
panied by a statement that the request is being made to aid in determining
qualifications for a permit as a commercial guide or associate guide under
K.S.A. 32-964, and amendments thereto.

      Sec.  2. K.S.A. 32-964 is hereby amended to read as follows: 32-964.
(a) As used in this section:

      (1) ``Commercial guide services'' means providing, offering to pro-
vide, arranging for or assisting with hunting or fishing activities for others
on a commercial basis, including but not limited to providing any one or
more of the following when used in conjunction with or for hunting or
fishing activities: Pack or riding livestock, transportation other than by
commercial carrier, equipment or facilities.

      (2) ``Provisional guide'' means a person who, during the calendar year,
performs commercial guide services for five or fewer days and receives
$500 or less for such services, as determined in accordance with rules and
regulations of the secretary. ``Commercial basis'' means that the recipient
of the services agrees to provide valuable consideration as compensation
for the guide services, and the services are provided as part of a business
relationship. Evidence of a business relationship includes, without limi-
tation, advertisement of the guide services, written agreement of the terms
of payment or services provided by an employee of a commercial guide.
Providing guide services on land not owned or leased by the individual
providing the services shall not by itself constitute evidence that the serv-
ices are provided on a commercial basis.

      (3) ``Provisional guide'' means a person who, during the calendar
year, performs commercial guide services for 10 or fewer days and re-
ceives $1,500 or less for such services, as determined in accordance with
rules and regulations of the secretary.

      (3) (4) Terms defined in K.S.A. 32-701 and amendments thereto have
the meanings provided by that section.

      (b) A valid commercial guide permit or associate guide permit is re-
quired to provide commercial guide services in this state.

      (c) The provisions of subsection (b) do not apply to a person who:

      (1) Possesses a controlled shooting area license and commercial guide
services performed by the person are confined to the licensed controlled
shooting area;

      (2) owns private land and commercial guide services performed by
the person are confined to lands owned by the individual;

      (3) is a tenant, as defined by K.S.A. 32-937 and amendments thereto,
and commercial guide services performed by the person are confined to
farm or ranch land with respect to which the person is such a tenant; or

      (4) is a provisional guide registered with the secretary;

      (5) (4) is a provisional guide registered with the secretary; or

      (5) provides commercial guide services only in cooperation with a
department-approved activity; or

      (6) does not receive monetary compensation for providing commer-
cial guide services an educational or not-for-profit event approved by the
secretary.

      (d) Any person who desires to provide commercial guide services
shall apply to the secretary for a commercial guide permit. The application
shall give the name and address of the applicant, the type of commercial
guide services to be provided, the area of the state where guide services
would occur, a listing of facilities proposed for use, a listing of equipment
to be available to the commercial guide service customers, including pack
or riding livestock, and such other information as required by the secre-
tary. The fee prescribed pursuant to K.S.A. 32-988 and amendments
thereto shall accompany the application.

      (e) The secretary may issue a commercial guide permit if the secre-
tary determines that:

      (1) The applicant possesses adequate knowledge of wildlife and parks
laws of this state and rules and regulations of the secretary;

      (2) the applicant possesses adequate knowledge of hunting or fishing
skills; and

      (3) the applicant is 16 or more years of age; and

      (4) the application is complete and accurate.

      The secretary may require an applicant to successfully complete a writ-
ten or oral examination before issuing a commercial guide permit and
may establish an annual date by which applications must be submitted.

      (f) A commercial guide permittee shall make such reports of permit-
ted activities to the secretary as required by rule and regulation adopted
by the secretary in accordance with K.S.A. 32-805 and amendments
thereto.

      (g) A commercial guide permittee may employ one or more associate
guides to conduct services authorized by the commercial guide permit
while the associate guide is in the employment of the commercial guide
permittee. An A commercial guide permit or associate guide permit is
required for any individual so employed by a commercial guide permittee.

      (h) Any individual who desires to obtain an associate guide permit
shall apply to the secretary. The application shall give the name and ad-
dress of the applicant; the name, address and commercial guide permit
number of the commercial guide by whom the applicant would be em-
ployed; the notarized signature of such commercial guide permittee; and
such other information as required by the secretary. The fee prescribed
pursuant to K.S.A. 32-988 and amendments thereto shall accompany the
application.

      (i) The secretary may issue an associate guide permit if the secretary
determines that:

      (1) The applicant possesses adequate knowledge of wildlife and parks
laws of this state and rules and regulations of the secretary;

      (2) the applicant possesses adequate knowledge of hunting or fishing
skills; and

      (3) the application is complete and accurate.

      The secretary may require an applicant to successfully complete a writ-
ten or oral examination prior to issuance of an associate guide permit and
may establish an annual date by which applications must be submitted.

      (j) Commercial guide permits and associate guide permits expire on
December 31 of each year.

      (k) A commercial guide permittee, associate guide permittee or a
provisional guide may assist with the legal taking of wildlife while provid-
ing commercial guide services but shall not perform the actual taking or
shooting of wildlife for the guided person.

      (l) Unless exempt pursuant to K.S.A. 32-919 and amendments
thereto, a commercial guide permittee, associate guide permittee or pro-
visional guide shall be required to possess a valid hunting license issued
to such permittee or guide in order to conduct hunting activities. Unless
exempt pursuant to K.S.A. 32-911 and amendments thereto, a commer-
cial guide permittee, associate guide permittee or provisional guide shall
be required to possess a valid fishing license issued to such permittee or
guide in order to conduct fishing activities. A commercial guide per-
mittee, associate guide permittee or provisional guide shall be required
to possess any stamp as required by law to engage in the activity.

      (m) It shall be unlawful to perform commercial guide services without
having in possession the written permission of the owner or the person in
lawful possession of the land where the commercial guide services are
performed.

      (n) The secretary shall adopt, in accordance with K.S.A. 32-805 and
amendments thereto, such rules and regulations as necessary to admin-
ister and govern commercial guide services and provisional guides, in-
cluding such restrictions and conditions as required for wildlife resource
protection and to protect the public interest and public safety.

      (n) (o) In addition to any other penalty prescribed by law, failure to
provide required reports, conviction of a felony within the previous five
years or failure to comply with the wildlife and parks laws of this state or
rules and regulations of the secretary shall be grounds for the secretary
to the secretary, in accordance with the Kansas administrative procedure
act, may refuse to issue, refuse to renew, suspend or revoke a commercial
guide permit or an associate guide permit. Any such refusal, suspension
or revocation shall be in accordance with the Kansas administrative pro-
cedure act if the secretary finds that the applicant has:

      (1) Failed to comply with the wildlife and parks laws of this state or
rules and regulations of the secretary;

      (2) been convicted of a violation of the fish, wildlife, boating or parks
laws of another jurisdiction;

      (3) been convicted of a felony involving the use of violence or the use
of weapons;

      (4) been convicted of any other felony within the previous five years;
or

      (5) failed to provide required reports.

      (p) The secretary upon request shall receive from the Kansas bureau
of investigation such criminal history record information relating to ar-
rests and criminal convictions as necessary for the purpose of determining
initial and continuing qualifications of applicants for commercial guide
permits and associate guide permits.

      (o) (q) The secretary may prepare a general publication listing com-
mercial guide permittees and services offered by the permittees for the
purpose of assisting the public in securing the services of a commercial
guide. No commercial guide permittee shall be included in such publi-
cation without the written consent of the permittee.

      Sec.  3. K.S.A. 32-1054 is hereby amended to read as follows: 32-
1054. It shall be the duty of every judge or clerk of the court before whom
any prosecution for a violation of the wildlife and parks laws of this state
or rules and regulations of the secretary is commenced or goes on appeal,
within 20 days after the trial or dismissal disposition thereof, to report in
writing to the department the result thereof and the amount of fine col-
lected, if any.

 Sec.  4. K.S.A. 32-964 and 32-1054 and K.S.A. 2000 Supp. 21-4619
are hereby repealed.
 Sec.  5. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 16, 2001.
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