Session of 2000
By Committee on Appropriations

  9             AN  ACT concerning law enforcement officers; relating to training;
10             amending K.S.A. 1999 Supp. 74-5602, 74-5605 and 74-5609a and re-
11             pealing the existing sections.
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1999 Supp. 74-5602 is hereby amended to read as
15       follows: 74-5602. As used in the Kansas law enforcement training act:
16             (a) "Training center" means the law enforcement training center
17       within the division of continuing education of the university of Kansas,
18       created by K.S.A. 74-5603 and amendments thereto.
19             (b) "Commission" means the Kansas law enforcement training com-
20       mission, created by K.S.A. 74-5606 and amendments thereto.
21             (c) "Dean" means the dean of the division of continuing education
22       of the university of Kansas.
23             (d) "Director," as created in K.S.A. 74-5603 and amendments
24       thereto, means the director of police training at the law enforcement
25       training center.
26             (e) "Police officer" or "law enforcement officer" means, except as
27       provided herein, a full-time or part-time salaried officer or employee of
28       the state, a county or a city, whose duties include the prevention or de-
29       tection of crime and the enforcement of the criminal or traffic laws of
30       this state or of any municipality thereof. Such terms shall include, but not
31       be limited to, the sheriff, undersheriff and full-time or part-time salaried
32       deputies in the sheriff's office in each county; deputy sheriffs deputized
33       pursuant to K.S.A. 19-2858 and amendments thereto; reserve deputy
34       sheriffs whether or not such deputy receives a salary or other compen-
35       sation; conservation officers of the Kansas department of wildlife and
36       parks; campus police officers at all state educational institutions or a mu-
37       nicipal university; law enforcement agents of the director of alcoholic
38       beverage control; law enforcement agents of the Kansas lottery; law en-
39       forcement agents of the Kansas racing commission; deputies and assis-
40       tants of the state fire marshal having law enforcement authority; capitol
41       area security guards, existing under the authority of K.S.A. 75-4503 and
42       amendments thereto. Such terms shall also shall include railroad police-
43       men appointed pursuant to K.S.A. 66-524 and amendments thereto; and


  1       school security officers designated as school law enforcement officers pur-
  2       suant to K.S.A. 72-8222 and amendments thereto. Such terms shall not
  3       include any elected official, other than a sheriff, serving in the capacity
  4       of a law enforcement or police officer solely by virtue of such official's
  5       elected position; any attorney-at-law having responsibility for law enforce-
  6       ment and discharging such responsibility solely in the capacity of an at-
  7       torney; any employee of the secretary of corrections or the secretary of
  8       social and rehabilitation services; any deputy conservation officer of the
  9       Kansas department of wildlife and parks; or any employee of a city or
10       county who is employed solely to perform correctional duties related to
11       jail inmates and the administration and operation of a jail; or any full-time
12       or part-time salaried officer or employee whose duties include the issu-
13       ance of a citation or notice to appear provided such officer or employee
14       is not vested by law with the authority to make an arrest for violation of
15       the laws of this state or any municipality thereof, and is not authorized
16       to carry firearms when discharging the duties of such person's office or
17       employment. Such term shall include any officer appointed or elected on
18       a provisional basis.
19             (f) "Full-time" means employment requiring at least 1,000 hours of
20       work per year.
21             (g) "Part-time" means employment on a regular schedule or employ-
22       ment which requires a minimum number of hours each payroll period,
23       but in any case requiring less than 1,000 hours of work per year.
24             (h) "Misdemeanor crime of domestic violence" means a violation of
25       domestic battery as defined by subsection (c)(4) of K.S.A. 21-3412 and
26       amendments thereto, or any other misdemeanor under federal, municipal
27       or state law that has as an element the use or attempted use of physical
28       force, or the threatened use of a deadly weapon, committed by a current
29       or former spouse, parent, or guardian of the victim, by a person with
30       whom the victim shares a child in common, by a person who is cohabiting
31       with or has cohabited with the victim as a spouse, parent or guardian, or
32       by a person similarly situated to a spouse, parent or guardian of the victim.
33             (i) "Auxiliary personnel" means members of organized nonsalaried
34       groups which operate as an adjunct to a police or sheriff's department,
35       including reserve officers, posses and search and rescue groups.
36             Sec.  2. K.S.A. 1999 Supp. 74-5605 is hereby amended to read as
37       follows: 74-5605. Every applicant for admission to a course for police
38       officers or law enforcement officers conducted by the training center shall
39       be an employee of a state, county or city law enforcement agency, a
40       reserve deputy sheriff, a municipal university police officer, a railroad
41       policeman appointed pursuant to K.S.A. 66-524, and amendments
42       thereto; an employee of the tribal law enforcement agency of an Indian
43       nation that has entered into a tribal-state gaming compact with this state;


  1       or a school security officer designated as a school law enforcement officer
  2       pursuant to K.S.A. 72-8222, and amendments thereto. Prior to admission
  3       to a course conducted at the training center or at a certified state or local
  4       law enforcement agency, the applicant shall furnish to the director a state-
  5       ment from the applicant's appointing authority or agency head certifying
  6       the applicant's fulfillment of the following requirements. The applicant:
  7             (a) Is a United States citizen;
  8             (b) has been fingerprinted and a search of local, state and national
  9       fingerprint files has been made to determine whether the applicant has
10       a criminal record;
11             (c) has not been convicted, does not have an expunged conviction,
12       and on and after July 1, 1995, has not been placed on diversion by any
13       state or the federal government for a crime which is a felony or its equiv-
14       alent under the uniform code of military justice;
15             (d) has not been convicted, does not have an expunged conviction,
16       has not been placed on diversion by any state or the federal government
17       for a misdemeanor crime of domestic violence or its equivalent under the
18       uniform code of military justice, when such misdemeanor crime of do-
19       mestic violence was committed on or after the effective date of this act;
20             (e) is the holder of a high-school diploma or furnishes evidence of
21       successful completion of an examination indicating an equivalent
22       achievement;
23             (f) is of good moral character;
24             (g) has completed a psychological test approved by the commission;
25             (h) is free of any physical or mental condition which might adversely
26       affect the applicant's performance of a police officer's or law enforcement
27       officer's duties; and
28             (i) is at least 21 years of age.
29             Sec.  3. K.S.A. 1999 Supp. 74-5609a is hereby amended to read as
30       follows: 74-5609a. (a) The law enforcement training center is authorized
31       to charge tuition for each railroad policeman, each employee of a tribal
32       law enforcement agency and each, reserve deputy sheriff and school law
33       enforcement officer enrolled in a course at the training center. Such tu-
34       ition shall not exceed the training center's average operating cost per
35       trainee. Tuition charges authorized by this section shall cover the cost of
36       room, board and all necessary instructional supplies and material for any
37       railroad policeman, employee of a tribal law enforcement agency, reserve
38       deputy sheriff or school law enforcement officer attending the law en-
39       forcement training center.
40             (b) Any city, county or state agency which commences employment
41       of a police officer or law enforcement officer within one year of the time
42       such police officer or law enforcement officer has completed a course of
43       instruction at a state or local law enforcement training school shall re-


  1       imburse the city, county or state agency which paid the tuition for training
  2       such officer. This reimbursement shall include the amount of the tuition
  3       paid, the officer's salary and travel expenses and any other expenses in-
  4       curred which were incidental to training such officer. 
  5       Sec.  4. K.S.A. 1999 Supp. 74-5602, 74-5605 and 74-5609a are hereby
  6       repealed.
  7        Sec.  5. This act shall take effect and be in force from and after its
  8       publication in the statute book.