reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 7b - Private Investigative Or Security Operations › 75-7b15 Records and reports; inspection, enforcement and investigation by attorney general; subpoena; unlawful acts; misdemeanor.

75-7b15.
Records and reports; inspection, enforcement and investigation by attorney general; subpoena; unlawful acts; misdemeanor.
(a) Each private detective or detective agency operating as provided in this act, shall be required to keep a complete record of the business transactions of such detective or detective agency, and shall retain such records for at least three years.
(b) Upon the service of a subpoena issued by the attorney general or court order of a court of competent jurisdiction which is based on the complaint, supported by oath or affirmation and particularly describing the records and reports, any licensed private detective who is the owner, partner, director, corporate officer or custodian of records of business transactions shall give free and full opportunity to inspect the same and to inspect reports made. Any information obtained by the attorney general shall be kept confidential, except as may be necessary to commence and prosecute any legal proceedings. The subpoenas issued by the attorney general to private detective licensees shall comply with any confidentiality standards or legal limitations imposed by privacy acts, fair credit reporting acts, polygraph acts, judicially-recognized privileged communications and the bill of rights of both the United States and Kansas constitutions.
(c) For the purpose of enforcing the provisions of this act, and in making investigations relating to any violation thereof or to the character, competency and integrity of the applicants or licensees hereunder, and for the purpose of investigating the business, business practices and business methods of any applicant or licensee, the attorney general shall have limited power to subpoena as heretofore defined, and bring before the attorney general any person in this state and require the production of any books, records or papers which the attorney general deems relevant to the inquiry.
(d) The attorney general also may administer an oath to and take the testimony of any person, or cause such person's deposition to be taken.
(e) A subpoena issued under this section shall be governed by the code of civil procedure. Any person duly subpoenaed, who fails to obey such subpoena without reasonable cause or objection or without such cause refuses to be examined or to answer any legal or pertinent question as to the character or qualification of such applicant or licensee or such applicant's or licensee's business, business practices and methods or such violations, upon conviction by a court of competent jurisdiction shall be guilty of a class A nonperson misdemeanor.
(f) The testimony of witnesses in any investigative proceeding shall be under oath, and willful false swearing in any such proceeding shall be perjury.
History:
L. 1972, ch. 315, § 15; L. 1998, ch. 183, § 11; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 7b - Private Investigative Or Security Operations › 75-7b18 Attorney general granted exclusive jurisdiction over licensing and regulation of detectives and agencies; cities prohibited from licensing or regulation; rules and regulations.

75-7b18.
Attorney general granted exclusive jurisdiction over licensing and regulation of detectives and agencies; cities prohibited from licensing or regulation; rules and regulations.
(a) The licensing and regulation of private detectives and private detective agencies shall be under the exclusive jurisdiction and control of the attorney general, as provided by this act, and no city may adopt any ordinance which provides for the licensing or regulation of private detectives or private detective agencies. Any such ordinance which is so adopted, or which has been adopted on or before the effective date of this act, is hereby declared null and void.
(b) The attorney general shall adopt such rules and regulations as may be necessary to carry out the provisions of this act.
History:
L. 1972, ch. 315, § 18; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 7b - Private Investigative Or Security Operations › 75-7b20 Licensure; examination; interview; investigation.

75-7b20.
Licensure; examination; interview; investigation.
(a) The attorney general shall require as a condition of licensure as a private detective that the applicant or, if the applicant is an organization, any of its officers, directors, partners or associates:
(1) Pass a written examination as evidence of knowledge of detective business; and
(2) submit to an oral interview with the attorney general or the attorney general's designee.
(b) The attorney general shall conduct a complete investigation of the background of each applicant for licensure as a private detective or, if the applicant is an organization, of each of the applicant's officers, directors, partners or associates, to determine whether the applicant is qualified for licensure under K.S.A. 75-7b04 and amendments thereto.
History:
L. 1981, ch. 326, § 5; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 7b - Private Investigative Or Security Operations › 75-7b21 Trainers, firearm handling and use of force; certification; qualifications; fee; renewal.

75-7b21.
Trainers, firearm handling and use of force; certification; qualifications; fee; renewal.
(a) The attorney general shall certify persons who are qualified to train private detectives in the handling of firearms and the lawful use of force.
(b) In order to be certified as a trainer under this section, an applicant shall:
(1) Be 21 or more years of age;
(2) have a minimum of one-year supervisory experience with a private detective agency, a private patrol operator, a proprietary investigative or security organization or any federal, United States military, state, county or city law enforcement agency;
(3) be personally qualified to train private detectives in the handling of firearms and the lawful use of force; and
(4) not have been convicted of a felony or, within 10 years immediately prior to the date of application, been convicted of a misdemeanor. If the applicant is not licensed as a private detective, the applicant shall submit two classifiable sets of the applicant's fingerprints one of which shall be submitted to the federal bureau of investigation for a fingerprint check for any criminal history of the applicant.
(c) Persons wishing to become certified trainers shall make application to the attorney general on a form prescribed by the attorney general. Applications for a firearm training certificate shall be accompanied by a fee in an amount fixed by the attorney general pursuant to K.S.A. 75-7b22, and amendments thereto. The application shall contain a statement of the plan of operation for the training offered by the applicant and the materials and aids to be used and any other information required by the attorney general.
(d) A certificate shall be granted to a trainer if the attorney general finds that the applicant:
(1) Meets the requirements of subsection (b);
(2) is a person of good character and reputation;
(3) has sufficient knowledge of private detective business, firearms training and the lawful use of force to be a suitable person to train private detectives in the handling of firearms and the lawful use of force;
(4) has supplied all required information to the attorney general; and
(5) has paid the required fee.
(e) The certificate issued pursuant to this section shall expire on December 31 of the year following the year when issued except that, on and after July 1, 2004, a certificate issued pursuant to this section shall expire two years from the date of issuance. A certificate may be renewed on a biennial basis upon application and payment of a fee in an amount fixed by the attorney general pursuant to K.S.A. 75-7b22, and amendments thereto.
History:
L. 1981, ch. 326, § 12; L. 1998, ch. 183, § 13; L. 2004, ch. 139, § 5; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 7b - Private Investigative Or Security Operations › 75-7b22 Fees for regulation of private detectives; maximum limitations established; set by attorney general.

75-7b22.
Fees for regulation of private detectives; maximum limitations established; set by attorney general.
(a) In each fiscal year, the attorney general shall determine the amount of funds which will be required during the next ensuing fiscal year to properly administer the laws which the attorney general is directed to enforce and administer relating to the licensure and regulation of private detectives and private detective agencies. The attorney general, by the adoption of rules and regulations, shall fix fees in accordance with this section in such reasonable sums as may be necessary for such purposes.
(b) After fixing such fees, the attorney general may charge and collect the fees, in advance for the following purposes, subject to the following limitations:
For initial application forms and materials, not to exceed    $ 15
For application for licensure, not to exceed    250
For application by an officer, director, partner or associate
of an organization, if required to be licensed pursuant
to K.S.A. 75-7b05, and amendments thereto, not to
exceed      100
For renewal of license, not to exceed    175
For renewal of license of an officer, director, partner or
associate of an organization, if required to be licensed
by K.S.A. 75-7b05, and amendments thereto, not to
exceed     100
For application for a firearm permit, not to exceed    50
For renewal of a firearm permit, not to exceed    50
For application for a firearm trainers permit, not to
exceed      100
For renewal of a firearm trainers permit, not to exceed    100
(c) A duplicate license shall be issued upon the filing of a statement covering the loss of the license and the payment of a fee of $5 for the issuance of a duplicate license. Each duplicate license shall have the word "duplicate" stamped across the face thereof and shall bear the same number as the original.
History:
L. 1998, ch. 183, § 14; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 7b - Private Investigative Or Security Operations › 75-7b23 Private detective fee fund; receipts and expenditures.

75-7b23.
Private detective fee fund; receipts and expenditures.
The attorney general shall remit all moneys received from fees or charges imposed pursuant to this act to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the private detective fee fund, which is hereby created. Moneys in the private detective fee fund shall be used solely for the purpose of administering and implementing K.S.A. 75-7b01 through 75-7b21, and amendments thereto, and any other law relating to the licensure and regulation of private detectives and private detective agencies. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the attorney general or by a person or persons designated by the attorney general.
History:
L. 1998, ch. 183, § 15; L. 2001, ch. 5, § 364; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 7c - Firearms › 75-7c01 Personal and family protection act; citation of act.

75-7c01. Personal and family protection act; citation of act.
K.S.A. 75-7c01 through 75-7c23, and amendments thereto, shall be known and may be cited as the personal and family protection act.
History:
L. 2006, ch. 32, § 1; L. 2010, ch. 140, § 1; L. 2015, ch. 16, § 7; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 7c - Firearms › 75-7c02 Definitions.

75-7c02. Definitions.
As used in the personal and family protection act, except as otherwise provided:
(a) "Attorney general" means the attorney general of the state of Kansas.
(b) "Handgun" means a "firearm," as defined in K.S.A. 75-7b01, and amendments thereto.
(c) "Athletic event" means athletic instruction, practice or competition held at any location and including any number of athletes.
(d) "Dependent" means a resident of the household of an active duty member of any branch of the armed forces of the United States who depends in whole or in substantial part upon the member for financial support.
(e) "License" means a provisional or standard license issued by the attorney general pursuant to K.S.A. 75-7c03, and amendments thereto.
History:
L. 2006, ch. 32, § 2; L. 2010, ch. 140, § 2; L. 2021, ch. 94, § 8; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 7c - Firearms › 75-7c06 Same; records related to licenses, disclosure; address change or loss or destruction of license, requirements.

75-7c06. Same; records related to licenses, disclosure; address change or loss or destruction of license, requirements.
(a) The attorney general shall be the official custodian of all records relating to licenses issued pursuant to the personal and family protection act.
(b) Except as provided by subsections (c) and (d), records relating to persons issued licenses pursuant to this act, persons applying for licenses pursuant to this act or persons who have had a license denied pursuant to this act shall be confidential and shall not be disclosed pursuant to the Kansas open records act. Any disclosure of a record in violation of this subsection is a class A misdemeanor.
(c) Records of a person whose license has been suspended or revoked pursuant to this act shall be subject to public inspection in accordance with the open records act.
(d) The attorney general shall maintain an automated listing of license holders and pertinent information, and such information shall be available at all times to all law enforcement agencies in this state, other states and the District of Columbia when requested for a legitimate law enforcement purpose.
(e) Within 30 days after the changing of a permanent address, or within 30 days after the discovery that a license has been lost or destroyed, the licensee shall notify the attorney general of such change, loss or destruction. The attorney general, upon notice and opportunity for hearing in accordance with the provisions of the Kansas administrative procedure act, may order a licensee to pay a fine of not more than $100, or may suspend the licensee's license for not more than 180 days, for failure to notify the attorney general pursuant to the provisions of this subsection.
(f) In the event that a concealed handgun license is lost or destroyed, the license shall be automatically invalid, and the person to whom the license was issued, upon payment of $15 to the attorney general, may obtain a duplicate, or substitute thereof, upon furnishing a notarized statement to the attorney general that such license has been lost or destroyed.
History:
L. 2006, ch. 32, § 6; L. 2006, ch. 210, § 4; L. 2010, ch. 140, § 6; L. 2013, ch. 105, § 8; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 7c - Firearms › 75-7c08 Renewal of license; background check; permanent expiration upon nonrenewal; conditions of reapplication.

75-7c08. Renewal of license; background check; permanent expiration upon nonrenewal; conditions of reapplication.
(a) Not less than 90 days prior to the expiration date of the license, the attorney general shall mail to the licensee a written notice of the expiration and a renewal form prescribed by the attorney general. The licensee shall renew the license on or before the expiration date by filing with the attorney general the renewal form, a notarized affidavit, either in person or by certified mail, stating that the licensee remains qualified pursuant to the criteria specified in K.S.A. 75-7c04, and amendments thereto, and a full frontal view photograph of the applicant taken within the preceding 30 days to the attorney general. The attorney general shall complete a name-based background check, including a search of the national instant criminal background check system database. A renewal application is considered filed on the date the renewal form and affidavit are delivered in person to the attorney general's office or on the date a certified mailing to the attorney general's office containing these items is postmarked.
(b) Upon receipt of a renewal application as specified in subsection (a), a background check in accordance with K.S.A. 75-7c05(d), and amendments thereto, shall be completed. Fingerprints shall not be required for renewal applications. If the licensee is not disqualified as provided by this act, the license shall be renewed upon receipt by the attorney general of the items listed in subsection (a) and the completion of the background check. If the licensee holds a valid provisional license at the time the renewal application is submitted, then the attorney general shall issue a standard license to the licensee if the licensee is not disqualified as provided by this act.
(c) No license shall be renewed if the renewal application is filed six months or more after the expiration date of the license, and such license shall be deemed to be permanently expired. A person whose license has been permanently expired may reapply for licensure but an application for licensure pursuant to K.S.A. 75-7c05, and amendments thereto, shall be submitted, and a background investigation including the submission of fingerprints, shall be conducted pursuant to the provisions of that section.
History:
L. 2006, ch. 32, § 8; L. 2006, ch. 210, § 6; L. 2010, ch. 140, § 8; L. 2021, ch. 94, § 12; L. 2023, ch. 62, § 2; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 7c - Firearms › 75-7c09 False statements, warning on application.

75-7c09. False statements, warning on application.
The application form for an original license and for a renewal license shall include, in a conspicuous place, the following: "WARNING: A false statement on this application may subject the applicant to prosecution for the crime of perjury (K.S.A. 21-5903, and amendments thereto)."
History:
L. 2006, ch. 32, § 9; L. 2011, ch. 30, § 269; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 7c - Firearms › 75-7c14 County law enforcement equipment fund; uses of moneys.

75-7c14.
County law enforcement equipment fund; uses of moneys.
(a) There is hereby created in the state treasury the county law enforcement equipment fund.
(b) Moneys in the county law enforcement equipment fund shall be used only to fund grants to sheriffs' departments for purchases of law enforcement equipment other than motor vehicles. Such grants shall be administered by the attorney general. Such grants shall be based on applications submitted by sheriffs' departments that demonstrate the need for the equipment for which the grant is sought and substantiate that grant moneys will not be used to supplant existing funding of the recipient sheriff's department.
(c) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the county law enforcement equipment fund interest earnings based on: (1) The average daily balance of moneys in the county law enforcement equipment fund for the preceding month; and (2) the net earnings rate of the pooled money investment portfolio for the preceding month.
(d) All expenditures from the county law enforcement equipment fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the attorney general for the purposes set forth in this section.
History:
L. 2006, ch. 32, § 14; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 7c - Firearms › 75-7c15 Liability insurance, persons conducting handgun safety and training courses.

75-7c15.
Liability insurance, persons conducting handgun safety and training courses.
The committee on surety bonds and insurance, within the limitations of appropriations made therefor, shall purchase such liability insurance as it deems necessary for the protection of persons engaged in conducting an approved handgun safety and training course against any liability for injuries or damages arising from the conducting of such course of instruction by such persons.
History:
L. 2006, ch. 32, § 15; L. 2010, ch. 140, § 12; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 7c - Firearms › 75-7c16 Rules and regulations; annual report.

75-7c16.
Rules and regulations; annual report.
(a) The attorney general shall adopt such rules and regulations as necessary to administer the provisions of this act.
(b) On or before January 1 of each year, the attorney general shall submit a statistical report to the governor, president of the senate, the senate minority leader, the speaker of the house of representatives and the house minority leader indicating the number of licenses issued, revoked, suspended and denied during the preceding fiscal year and the reasons for the revocations, suspensions and denials.
History:
L. 2006, ch. 32, § 16; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 7c - Firearms › 75-7c17 Legislative findings regarding uniform standards for licensing and regulation; certain local ordinances and resolutions inapplicable; limitations on authority of attorney general; liberal construction of act.

75-7c17. Legislative findings regarding uniform standards for licensing and regulation; certain local ordinances and resolutions inapplicable; limitations on authority of attorney general; liberal construction of act.
(a) The legislature finds as a matter of public policy and fact that it is necessary to provide statewide uniform standards for issuing licenses to carry concealed handguns for self-defense and finds it necessary to occupy the field of regulation of the bearing of concealed handguns for self-defense to ensure that no honest, law-abiding person who qualifies under the provisions of this act is subjectively or arbitrarily denied the person's rights. No city, county or other political subdivision of this state shall regulate, restrict or prohibit the carrying of concealed handguns by individuals except as provided in K.S.A. 2023 Supp. 21-6301, 21-6302, 21-6304, 21-6309, 75-7c10 or 75-7c20, and amendments thereto, or K.S.A. 21-4218(f), prior to its repeal. Any existing or future law, ordinance, rule, regulation or resolution enacted by any city, county or other political subdivision of this state that regulates, restricts or prohibits the carrying of concealed handguns by individuals except as provided in K.S.A. 2023 Supp. 21-6301, 21-6302, 21-6304, 21-6309, 75-7c10 or 75-7c20, and amendments thereto, or K.S.A. 21-4218(f), prior to its repeal, shall be null and void.
(b) Prosecution of any person under the personal and family protection act, and amendments thereto, shall be done through the district court.
(c) The legislature does not delegate to the attorney general the authority to regulate or restrict the issuing of licenses provided for in this act, beyond those provisions of this act pertaining to licensing and training. Subjective or arbitrary actions or rules and regulations which encumber the issuing process by placing burdens on the applicant beyond those sworn statements and specified documents detailed in this act or which create restrictions beyond those specified in this act are in conflict with the intent of this act and are prohibited.
(d) This act shall be liberally construed. This act is supplemental and additional to existing constitutional rights to bear arms and nothing in this act shall impair or diminish such rights.
History:
L. 2006, ch. 32, § 17; L. 2007, ch. 166, § 7; L. 2010, ch. 140, § 13; L. 2011, ch. 30, § 270; L. 2013, ch. 105, § 10; L. 2015, ch. 16, § 12; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 7c - Firearms › 75-7c18 Severability.

75-7c18.
Severability.
If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application. To this end the provisions of this act are severable.
History:
L. 2006, ch. 32, § 18; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 7c - Firearms › 75-7c21 Concealed handguns in state capitol.

75-7c21. Concealed handguns in state capitol.
(a) An individual may carry a concealed handgun in the state capitol if such individual is not prohibited from possessing a firearm under either federal or state law, and is either: (A) 21 years of age or older; or (B) possesses a valid provisional license issued pursuant to K.S.A. 75-7c03, and amendments thereto, or a valid license to carry a concealed handgun issued by another jurisdiction that is recognized in this state pursuant to K.S.A. 75-7c03, and amendments thereto.
(b) This section shall be a part of and supplemental to the personal and family protection act.
History:
L. 2013, ch. 105, § 3; L. 2015, ch. 16, § 14; L. 2021, ch. 94, § 13; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 7c - Firearms › 75-7c23 Licensure of municipal employees; prohibiting mandatory disclosure and recording of licensure.

75-7c23. Licensure of municipal employees; prohibiting mandatory disclosure and recording of licensure.
(a) No employee of a municipality shall be required to disclose to such person's employer the fact that such employee possesses a valid license to carry a concealed handgun. No employee shall be terminated, demoted, disciplined or otherwise discriminated against due to such employee's refusal to disclose the fact that the employee possesses a valid license to carry a concealed handgun. No municipality shall create or maintain a record of an employee's possession of a valid license to carry a concealed handgun, or that an employee has disclosed the fact that such employee possesses a valid license to carry a concealed handgun. Any such record created and maintained by a municipality on or before June 30, 2014, shall be destroyed by such municipality on or before July 31, 2014.
(b) For purposes of this section, the term "municipality" has the same meaning as that term is defined in K.S.A. 75-6102, and amendments thereto.
(c) This section shall be a part of and supplemental to the personal and family protection act.
History:
L. 2014, ch. 97, § 3; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 7c - Firearms › 75-7c24 Restrictions on carrying unconcealed firearms; exceptions; penalties; sign requirements.

75-7c24. Restrictions on carrying unconcealed firearms; exceptions; penalties; sign requirements.
(a) Provided that the building is conspicuously posted in accordance with rules and regulations adopted by the attorney general as a building where carrying an unconcealed firearm is prohibited, it shall be unlawful to carry an unconcealed firearm into such building.
(b) Nothing in this section shall be construed to prohibit a law enforcement officer, as defined in K.S.A. 22-2202, and amendments thereto, from acting within the scope of such officer's duties.
(c) It shall be a violation of this section to carry an unconcealed firearm if the building is posted in accordance with rules and regulations adopted by the attorney general pursuant to subsection (d). Any person who violates this section shall not be subject to a criminal penalty but may be subject to denial to such premises or removal from such premises.
(d) (1) The attorney general shall adopt rules and regulations prescribing the location, content, size and other characteristics of signs to be posted on a building where carrying an unconcealed firearm is prohibited pursuant to subsection (a). Such regulations shall prescribe, at a minimum, that:
(A) The signs be posted at all exterior entrances to the prohibited buildings;
(B) the signs be posted at eye level of adults using the entrance and not more than 12 inches to the right or left of such entrance;
(C) the signs not be obstructed or altered in any way;
(D) signs which become illegible for any reason be immediately replaced; and
(E) except as provided in paragraph (2), signs shall include the following, which shall be printed in large, conspicuous print: "The open carrying of firearms in this building is prohibited."
(2) Such rules and regulations shall provide that the same signage used to prohibit the carrying of concealed handguns under K.S.A. 75-7c01 et seq., and amendments thereto, may be used to also prohibit the carrying of unconcealed firearms.
History:
L. 2014, ch. 97, § 5; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 7c - Firearms › 75-7c25 Orders of involuntary commitment for treatment of mental illness or alcohol or substance abuse; entry in certain databases; possession of firearms prohibited, when.

75-7c25. Orders of involuntary commitment for treatment of mental illness or alcohol or substance abuse; entry in certain databases; possession of firearms prohibited, when.
(a) After July 1, 2007, all orders of involuntary commitment for care and treatment pursuant to K.S.A. 59-2966 or 59-29b66, and amendments thereto, and any orders of termination of discharge shall be immediately forwarded to the Kansas bureau of investigation for entry into the appropriate state and federal databases.
(b) Upon a finding that the mentally ill person is a danger to self or others, the court shall notify the mentally ill person subject to involuntary commitment for care and treatment that it is a violation of the law to possess a firearm. Upon a finding that a proposed patient is a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment, the court shall notify the person that it is a violation of the law to possess a firearm. Upon release, the state hospital shall notify the patient that it is a violation of the law for the patient to possess a firearm and provide information to the patient regarding the restoration procedure.
History:
L. 2006, ch. 210, § 11; L. 2007, ch. 166, § 8; L. 2013, ch. 36, § 8; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 7c - Firearms › 75-7c26 Discharge of person involuntarily committed for treatment for mental illness or alcohol or substance abuse; restoration of ability to legally possess firearm, when.

75-7c26. Discharge of person involuntarily committed for treatment for mental illness or alcohol or substance abuse; restoration of ability to legally possess firearm, when.
On and after July 1, 2007, (a) a person who has been discharged pursuant to K.S.A. 59-2973 or 59-29b73, and amendments thereto, may file a petition in the court where treatment was ordered pursuant to K.S.A. 59-2966 or 59-29b66, and amendments thereto, for the restoration of the ability to legally possess a firearm.
(b) Notice of the filing of such petition shall be served on the petitioner who originally filed the action pursuant to K.S.A. 59-2952, 59-2957, 59-29b52 or 59-29b57, and amendments thereto, or the petitioner's attorney and the county or district attorney as appropriate.
(c) If the court finds the person is no longer likely to cause harm to such person's self or others, the court shall issue a certificate of restoration to the person. Such restoration shall have the effect of restoring the person's ability to legally possess a firearm, and the certification of restoration shall so state.
(d) The certificate of registration issued pursuant to this section shall only apply to the possession of a firearm for the purposes of an alleged violation of subsection (a)(7) of K.S.A. 21-4204, prior to its repeal, or subsection (a)(13) of section K.S.A. 21-6301, and amendments thereto.
History:
L. 2006, ch. 210, § 12; L. 2011, ch. 30, § 272; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 7c - Firearms › 75-7c27 Petition for relief of firearm prohibitions; procedure.

75-7c27. Petition for relief of firearm prohibitions; procedure.
(a) An individual who has been adjudicated as a mentally ill person subject to involuntary commitment for care and treatment, or who is prohibited from shipping, transporting, possessing or receiving firearms or ammunition by subsection (d)(4) or (g)(4) of 18 U.S.C. § 922, may petition for relief of disabilities for the purpose of firearm prohibitions imposed under state and federal laws.
(b) A petitioner shall submit such petition to a court of competent jurisdiction within this state.
(c) The court may only consider petitions for relief due to mental health adjudications or commitments that occurred within the state.
(d) The court shall consider the petition for relief, in accordance with the principles of due process. Such petitioner shall submit, and such court shall receive and consider:
(1) The circumstances regarding the firearm disability imposed by federal law;
(2) such petitioner's mental health records;
(3) such petitioner's criminal history records; and
(4) such petitioner's reputation, developed through character witness statements, testimony or other character evidence.
(e) The court shall grant relief only if such court determines there is clear and convincing evidence that:
(1) The petitioner will not be likely to act in a manner dangerous to public safety; and
(2) granting such relief would not be contrary to the public interest.
(f) If the court denies the petition for relief, the petitioner may petition a court of proper jurisdiction for a de novo judicial review of the court's decision to deny such petition.
(g) Documentation of a granted petition shall be submitted to the Kansas bureau of investigation. The Kansas bureau of investigation shall immediately cause such order to be entered into the appropriate state and federal databases.
(h) As used in this section:
(1) "Mentally ill person subject to involuntary commitment for care and treatment" has the same meaning as defined in K.S.A. 59-2946, and amendments thereto.
(2) "Due process" requires that:
(A) The petitioner shall have the opportunity to submit such petitioner's own evidence to the court;
(B) an independent decision maker, other than the individual who gathered the evidence for the court acting on the application, shall review such evidence; and
(C) a record of the proceedings shall be created and maintained for review.
History:
L. 2011, ch. 100, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 7d - Batterer Intervention Program Certification Act › 75-7d01 Batterer intervention program certification act; powers of attorney general; inspection of records; confidentiality; advisory committees.

75-7d01. Batterer intervention program certification act; powers of attorney general; inspection of records; confidentiality; advisory committees.
(a) There is hereby created in the office of the attorney general a batterer intervention program certification unit.
(b) Except as otherwise provided by law, the books, documents, papers, records or other sources of information obtained and the investigations conducted by the unit shall be confidential as required by state or federal law.
(c) The purpose of the batterer intervention program certification unit is to certify and inspect batterer intervention programs in Kansas. To accomplish this purpose, upon request of the unit, the unit shall have access to all records of reports, investigation documents and written reports of findings related to confirmed cases of domestic violence or exploitation of persons or cases in which there is reasonable suspicion to believe domestic violence has occurred that are received or generated by the Kansas department for children and families, the Kansas department for aging and disability services, the department of health and environment or the Kansas bureau of investigation.
(d) The attorney general shall develop a set of tools, methodologies, requirements and forms for the domestic violence offender assessment required by K.S.A. 21-6604(p), and amendments thereto. The batterer intervention program tools, methodologies, requirements and forms shall be developed in consultation with the agency certified by the centers for disease control and prevention and the department of health and human services as the domestic violence coalition for the state and with local domestic violence victims' services organizations.
(e) The attorney general may appoint a panel to assist the attorney general by making recommendations regarding the:
(1) Content and development of a batterer intervention certification program; and
(2) rules and regulations.
(f) The attorney general may appoint such advisory committees as the attorney general deems necessary to carry out the purposes of the batterer intervention program certification act. Except as provided in K.S.A. 75-3212, and amendments thereto, no member of any such advisory committee shall receive any compensation, subsistence, mileage or other allowance for serving on an advisory committee or attending any meeting thereof.
History:
L. 2012, ch. 162, § 1; L. 2018, ch. 71, § 40; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 7d - Batterer Intervention Program Certification Act › 75-7d03 Same; notification requirements.

75-7d03. Same; notification requirements.
Each applicant, certified batterer intervention program or holder of a temporary permit shall notify the attorney general in writing of:
(a) A change in name or address, both residential and business, within 30 days of the change; or
(b) a conviction of or entering into a diversion agreement in lieu of further criminal proceedings alleging a violation of:
(1) A felony offense in the Kansas Statutes Annotated, and amendments thereto, or similar conviction in another jurisdiction:
(A) Involving dishonesty or false statement;
(B) involving alcohol or a controlled substance; or
(C) designated as a person offense in article 54 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto; or
(2) a misdemeanor offense in the Kansas Statutes Annotated, and amendments thereto, or similar conviction in another jurisdiction or an ordinance of any city of this state, or resolution of any county of this state:
(A) Involving dishonesty or false statement;
(B) involving alcohol or a controlled substance; or
(C) designated as a person offense in article 54 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 2012, ch. 162, § 3; May 31.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 7d - Batterer Intervention Program Certification Act › 75-7d04 Same; fees.

75-7d04. Same; fees.
The fee for an initial application, renewal application or reinstatement application for a batterer intervention program certification shall be $100. The fee for an initial application, renewal application or reinstatement fee for temporary permit shall be $50. The attorney general may increase the amount of fee for an initial application, renewal application or reinstatement application for a batterer intervention program certification by rules and regulations, except that the fee for a batterer intervention program certification shall not exceed $250. The attorney general may increase the amount of fee for an initial application renewal, application or reinstatement application for temporary permit by rules and regulations, except that the fee for a temporary permit shall not exceed $250.
History:
L. 2012, ch. 162, § 4; May 31.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 7d - Batterer Intervention Program Certification Act › 75-7d05 Same; required rules and regulations.

75-7d05. Same; required rules and regulations.
(a) The attorney general shall establish by rules and regulations the requirements for a batterer intervention certification program. These requirements may include, but not be limited to:
(1) Standards;
(2) program elements and goals;
(3) the role of the certified batterer intervention program in the community;
(4) technical considerations which may include, but not be limited to, consideration of any combination of:
(A) Expectations of batterers;
(B) group composition;
(C) facilitation;
(D) curriculum;
(E) prohibited and restricted practices;
(F) batterer confidentiality, victim confidentiality and safety checks;
(G) program length;
(H) victim notification;
(I) victim involvement;
(J) public relations;
(K) research;
(L) agency structure; and
(M) personnel policies and procedures;
(5) the assessment of batterer participants and the utilization of the Kansas domestic violence offender assessment;
(6) orientation training and continuing education requirements for program facilitators, program supervisors and program coordinators, and any agent or employee of a certified batterer intervention program who directly provides intervention services to clients of such program; and
(7) any other requirements or conditions as may be required by the attorney general.
(b) Such rules and regulations shall require the following:
(1) The Kansas domestic violence offender assessment shall be completed by: (A) An individual who is licensed to practice in Kansas as a licensed psychologist, licensed baccalaureate social worker, licensed master social worker, licensed specialist clinical social worker, licensed marriage and family therapist, licensed addiction counselor, licensed clinical addiction counselor, licensed clinical marriage and family therapist, licensed professional counselor, licensed clinical professional counselor, licensed masters level psychologist or licensed clinical psychotherapist; or (B) an individual who meets the requirements of subsection (b)(2).
(2) Any person who is not licensed as required in subsection (b)(1)(A) who is completing domestic violence offender assessments as an employee of or volunteer for a batterer intervention program immediately prior to January 1, 2013, may continue to complete such assessments on and after January 1, 2013, if such person remains an employee of or volunteer for the same program, and such program remains a certified batterer intervention program. When such person is no longer an employee of or volunteer for the program in which they were employed or volunteering immediately prior to January 1, 2013, such person shall not be allowed to complete the Kansas domestic violence offender assessment for any certified batterer intervention program without meeting the license requirements prescribed in subsection (b)(1)(A).
History:
L. 2012, ch. 162, § 5; May 31.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 7d - Batterer Intervention Program Certification Act › 75-7d06 Same; suspension, limitation of, denial of, revocation or refusal to renew certification or permit; grounds; hearing; review.

75-7d06. Same; suspension, limitation of, denial of, revocation or refusal to renew certification or permit; grounds; hearing; review.
(a) The attorney general may suspend, limit, condition, deny, revoke or refuse renewal or reinstatement of any certification or permit issued under the batterer intervention program certification act if the attorney general determines that an applicant, a person operating or providing services as a certified batterer intervention program or holder of a temporary permit has:
(1) Made any false statement or given any false information in connection with an application for an initial, renewal or reinstatement of a certification or temporary permit issued under the batterer intervention program certification act;
(2) failed to meet or maintain compliance with program requirements;
(3) been found guilty or convicted of fraud or deceit in connection with services rendered;
(4) been found guilty of negligence or wrongful actions in the performance of services rendered;
(5) allowed the use of the attorney general's domestic violence offender assessment by any person who is not an employee or agent of either a current certified batterer intervention program or a holder of a temporary permit issued under the batterer intervention program certification act;
(6) committed an act of unprofessional conduct as defined by rules and regulations adopted by the attorney general;
(7) been convicted of any offense as defined in K.S.A. 75-7d03, and amendments thereto; or
(8) failed or refused to allow inspection of records pursuant to K.S.A. 75-7d08, and amendments thereto.
(b) (1) For purposes of this section, "conviction" means:
(A) The entry of a plea or verdict of guilty or a conviction following a plea of nolo contendere and without regard to whether the sentence was suspended or probation granted after such conviction;
(B) a forfeiture of bail, bond or collateral deposited to secure a defendant's appearance in court, which forfeiture has not been vacated; or
(C) entering into a diversion agreement in lieu of further criminal proceedings alleging a violation of any offense specified in subsection (b) of K.S.A. 75-7d03, and amendments thereto.
(2) The record of conviction, or a certified copy thereof, shall be conclusive evidence of such conviction.
(c) Proceedings under this section shall be conducted in accordance with the Kansas administrative procedure act. Judicial review and civil enforcement of agency actions under the batterer intervention program certification act shall be in accordance with the Kansas judicial review act.
History:
L. 2012, ch. 162, § 6; May 31.