reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 10 - KANSAS BUREAU OF INVESTIGATION › Article 12 - DISSEMINATION › Section 10-12-1 - Dissemination of conviction records

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except as
			 provided in subsection (c), the KBI shall be the sole agency releasing criminal
			 history record information from the Kansas central repository for non-criminal
			 justice purposes. Upon request by any individual, the KBI may, at its
			 discretion, release conviction information from the central repository. Each
			 request for conviction information shall include the name, sex, and date of
			 birth of the individual in question and shall be accompanied by a fee as
			 prescribed by the director of the KBI.
(b) Upon a request by a non-criminal justice
			 agency or an individual, a criminal justice agency other than the KBI may
			 provide any conviction information originated by that criminal justice agency.
			 Each request for a conviction record shall include as part of the request the
			 name, sex, and date of birth of the individual in question.
(c) A criminal justice agency may obtain
			 conviction information from the KBI for a non-criminal justice purpose only if
			 required under a municipal ordinance or county resolution for governmental
			 licensing or certification purposes.
Kansas Administrative Regulations › Agency 10 - KANSAS BUREAU OF INVESTIGATION › Article 12 - DISSEMINATION › Section 10-12-2 - Dissemination of non-conviction criminal history record information

Current through Register Vol. 43, No. 28, July 11, 2024
Criminal justice agencies may provide non-conviction criminal
				history record information to the following:
(a) other criminal justice agencies;
(b) those authorized by court
			 order or subpoena; and
(c) federal
			 agencies for such investigative purposes as authorized by law or presidential
			 executive order.
Kansas Administrative Regulations › Agency 10 - KANSAS BUREAU OF INVESTIGATION › Article 12 - DISSEMINATION › Section 10-12-3 - Dissemination by criminal-justice information system employees

Current through Register Vol. 43, No. 28, July 11, 2024
Persons employed as part of a criminal justice information
				system, which is not operated by a criminal justice agency, shall disseminate
				criminal history record information only to a criminal justice agency as
				defined in K.S.A. 1980 Supp.
				22-4701.
Kansas Administrative Regulations › Agency 10 - KANSAS BUREAU OF INVESTIGATION › Article 13 - INSPECTION AND CHALLENGE › Section 10-13-1 - Right to review and challenge decisions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Upon
			 presentation of proper identification, a person may request a copy of that
			 person's criminal history record information and juvenile offender information
			 retained at the local level or at the KBI. Requested criminal history record
			 information and juvenile offender information may be provided in abstract form
			 by mail or electronic transmission, at the discretion of the providing agency.
			 The providing agency shall include with the record written notification to the
			 individual of the right to challenge the accuracy of the content of the
			 individual's record and the procedures to submit these challenges. Any
			 unresolved challenge may be reviewed by the director of the KBI or the
			 authorized designee.
(b) All
			 corrections made to the record by local agencies shall be reported to the KBI.
Kansas Administrative Regulations › Agency 10 - KANSAS BUREAU OF INVESTIGATION › Article 13 - INSPECTION AND CHALLENGE › Section 10-13-2 - Inspection and challenge

Current through Register Vol. 43, No. 28, July 11, 2024
The inability of a criminal justice agency to locate a
				disposition shall not be reason for denying an individual's right of inspection
				and challenge on grounds that the record is incomplete.
Kansas Administrative Regulations › Agency 10 - KANSAS BUREAU OF INVESTIGATION › Article 14 - AUDITING CRIMINAL JUSTICE AGENCIES › Section 10-14-1 - Logging of disseminations

Current through Register Vol. 43, No. 28, July 11, 2024
All disseminations shall be logged, including disseminations
				made by radio transmission pursuant to
				K.A.R.
				10-11-2 except that, radio transmissions of
				conviction data are not subject to this requirement.
Kansas Administrative Regulations › Agency 10 - KANSAS BUREAU OF INVESTIGATION › Article 15 - REPORTABLE EVENTS; DUPLICATION › Section 10-15-1 - Reportable events, duplication

Current through Register Vol. 43, No. 28, July 11, 2024
No criminal justice agency shall knowingly provide a duplicate
				report of an event required by K.S.A. 1980 Supp.
				22-4705. A criminal justice agency
				may fulfill its reporting responsibility by agreements with other criminal
				justice agencies.
Kansas Administrative Regulations › Agency 10 - KANSAS BUREAU OF INVESTIGATION › Article 19 - JUVENILE JUSTICE INFORMATION SYSTEM › Section 10-19-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
As used in these regulations, the following words and phrases
				shall have the meanings ascribed to them herein.
(a) "Juvenile" means any person under the
			 legal age of majority.
(b)
			 "Juvenile justice information system" means data initiated or collected by a
			 juvenile justice agency on a person under the age of majority, including any
			 juvenile offender, any child in need of care, and any person under the age of
			 majority processed through adult court.
(c) "Missing child" means any person under
			 the age of 18 whose location has not been determined, who has been reported
			 missing, and for whom a verified report has been filed with local law
			 enforcement.
(d) "Runaway" means
			 any person under the age of 18 who has been reported to be a runaway and for
			 whom a verified report has been filed with the local law enforcement agency.
Kansas Administrative Regulations › Agency 10 - KANSAS BUREAU OF INVESTIGATION › Article 19 - JUVENILE JUSTICE INFORMATION SYSTEM › Section 10-19-2 - Additional reportable events

Current through Register Vol. 43, No. 28, July 11, 2024
Additional reportable events shall include:
(a) clearance of an offense through the
			 identification of an alleged perpetrator;
(b) the issuance of a summons;
(c) filing or non-filing of a complaint;
(d) diversion activities;
(e) an order of temporary custody;
(f) referral of a child in need of
			 care to law enforcement;
(g)
			 filing or non-filing of a petition;
(h) entry of a judgement of an appellate
			 court; and
(i) reports of missing
			 or runaway juveniles.
Kansas Administrative Regulations › Agency 10 - KANSAS BUREAU OF INVESTIGATION › Article 19 - JUVENILE JUSTICE INFORMATION SYSTEM › Section 10-19-3 - Obligation to report

Current through Register Vol. 43, No. 28, July 11, 2024
Each juvenile justice agency obligated to report to the
				juvenile justice information system shall do so within 14 days of the
				occurrence of the reportable event to which the information relates, unless
				otherwise specified by law.
Reports of missing or runaway juveniles shall be made
				immediately to the system upon receipt by the local agency with concurrent
				entry into the national crime information center system.
Kansas Administrative Regulations › Agency 10 - KANSAS BUREAU OF INVESTIGATION › Article 19 - JUVENILE JUSTICE INFORMATION SYSTEM › Section 10-19-7 - Responsibility for reporting

Current through Register Vol. 43, No. 28, July 11, 2024
Events which shall be reported include the following.
(a) Each law enforcement agency shall report:
(1) clearance of an offense through the
			 identification of an alleged perpetrator;
(2) contacts pursuant to the child in need of
			 care code;
(3) taking a juvenile
			 into custody;
(4) release of a
			 juvenile without referral to the county or district attorney;
(5) placement of a juvenile in a detention
			 shelter or youth residential facility;
(6) release of a juvenile from a juvenile
			 detention facility;
(7)
			 fingerprinting of juveniles taken into custody for a felony-type offense;
(8) referral of a juvenile to the
			 county or district attorney or the department of social and rehabilitation
			 services; and
(9) reports of
			 missing or runaway juveniles.
Kansas Administrative Regulations › Agency 10 - KANSAS BUREAU OF INVESTIGATION › Article 19 - JUVENILE JUSTICE INFORMATION SYSTEM › Section 10-19-8 - Implementation, administration, enforcement

Current through Register Vol. 43, No. 28, July 11, 2024
When any data on a juvenile offender of an identifiable nature
				is released to a party specifically authorized by law to receive that data, and
				when the accuracy of the identification cannot be determined due to the absence
				of fingerprint records for comparison, the data shall be accompanied by a
				statement attesting to the lack of positive identification of the subject of
				the data.
Release of any data on a child in need of care of an
				identifiable nature is strictly limited as defined by statute.
Juvenile justice agencies failing to report as required by
				these sections shall be referred to the attorney general for appropriate
				action.
Kansas Administrative Regulations › Agency 10 - KANSAS BUREAU OF INVESTIGATION › Article 19 - JUVENILE JUSTICE INFORMATION SYSTEM › Section 10-19-9 - Fingerprints and photographs

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) Fingerprints taken of any person under
			 the age of majority for state and local purposes shall be taken on standardized
			 juvenile fingerprint cards as provided by the central repository. Disposition
			 forms shall not be required on these fingerprints.
(2) If any person is processed for an adult
			 violation or if any person will be handled as an adult by the court, that
			 person's fingerprints shall also be taken on an FBI card. The FBI card shall
			 indicate that the person will be handled as an adult. If the person is 16 or 17
			 years of age, an FBI card may be taken. Disposition sheets shall be completed
			 for all FBI cards taken.
Kansas Administrative Regulations › Agency 10 - KANSAS BUREAU OF INVESTIGATION › Article 20 - MISSING PERSONS; UNIDENTIFIED DECEASED PERSONS › Section 10-20-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
As used in these regulations, the following terms shall have
				the meanings specified in this regulation:
(a) "Missing person" means any person of any
			 age whose location is not currently known and who is reported missing by any
			 individual.
(b) "Missing and
			 unidentified person system" means the state system maintained by the KBI that
			 contains information on missing persons and unidentified persons.
(c) "NCIC" means the federal bureau of
			 investigation's (FBI's) national crime information center.
(d) "Unidentified person" means any
			 unidentified deceased person, any person of any age who is living and whose
			 identity cannot be ascertained, any unidentified victim of a catastrophe, or
			 any human remains.
Kansas Administrative Regulations › Agency 10 - KANSAS BUREAU OF INVESTIGATION › Article 20 - MISSING PERSONS; UNIDENTIFIED DECEASED PERSONS › Section 10-20-2 - Procedures and forms for reporting any missing person

Current through Register Vol. 43, No. 28, July 11, 2024
(a) All law
			 enforcement agencies shall accept without delay any report of a missing person
			 made by any individual.
(b) Unless
			 law enforcement knows the exact physical location of any missing person, the
			 law enforcement agency shall upon receipt of the report enter the information
			 into NCIC as prescribed by the chapter titled "missing person file," which is
			 contained in the "NCIC 2000 operating manual," as in effect on November 8, 2006
			 and hereby adopted by reference, to create an active record.
(c) After the initial NCIC entry report has
			 been made, the law enforcement agency shall attempt to obtain additional
			 information as prescribed by the "NCIC missing person file data collection
			 entry guide," revised February 2006 and hereby adopted by reference, and enter
			 the information into NCIC as promptly as possible and no longer than 30 days
			 from the date of the initial report.
(d) If the person identified in the missing
			 person report remains missing after 30 days, the law enforcement agency shall
			 contact family members of the missing person and attempt to obtain DNA samples
			 for comparison purposes as prescribed by the "national missing persons program
			 family reference sample collection kit," dated April 2005 by the U.S.
			 department of justice and hereby adopted by reference.
(e) The law enforcement agency shall advise
			 the reporting party to notify the law enforcement agency no later than 24 hours
			 after the missing person returns or is located.
(f) Upon locating each missing person, the
			 law enforcement agency shall remove the entry from NCIC.
(g) A law enforcement agency shall not remove
			 a missing person's report from NCIC based solely on the person's age.
Kansas Administrative Regulations › Agency 10 - KANSAS BUREAU OF INVESTIGATION › Article 20 - MISSING PERSONS; UNIDENTIFIED DECEASED PERSONS › Section 10-20-2a - Procedures and forms for reporting any unidentified person

Current through Register Vol. 43, No. 28, July 11, 2024
(a) All law
			 enforcement agencies shall accept without delay any report of any unidentified
			 person made by any individual.
(b)
			 The law enforcement agency shall upon receipt of the report enter the
			 information into NCIC as prescribed by the chapter titled "unidentified person
			 file," which is contained in the "NCIC 2000 operating manual," as in effect on
			 November 8, 2006 and hereby adopted by reference, to create an active record.
(c) After the initial NCIC entry
			 report has been made and at the time of autopsy of any unidentified deceased
			 person, the law enforcement agency shall obtain and immediately enter
			 information into NCIC as prescribed by the "NCIC unidentified person file data
			 collection entry guide," revised February 2006 and hereby adopted by reference.
			 In the case of an unidentified living person, law enforcement shall obtain and
			 enter information as prescribed in this subsection as promptly as possible and
			 no longer than 30 days from the date of the initial report.
Kansas Administrative Regulations › Agency 10 - KANSAS BUREAU OF INVESTIGATION › Article 20 - MISSING PERSONS; UNIDENTIFIED DECEASED PERSONS › Section 10-20-4 - Dissemination

Current through Register Vol. 43, No. 28, July 11, 2024
(a) All
			 information contained in the KBI missing and unidentified person system shall
			 be available to all law enforcement officers and coroners in this state, other
			 governmental entities in the state who have a need to know the information for
			 criminal justice purposes, and the federal bureau of investigation.
(b) Any member of the public may request data
			 from the KBI missing and unidentified person system at any time and receive
			 information in accordance with Kansas law.
Kansas Administrative Regulations › Agency 10 - KANSAS BUREAU OF INVESTIGATION › Article 21 - KANSAS BUREAU OF INVESTIGATION DNA DATABANK › Section 10-21-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
As used in this article of the KBI's regulations, each of the
				following terms shall have the meaning specified in this regulation:
(a) "Buccal sample" means a biological sample
			 obtained from a person's inner cheek and oral fluid.
(b) "CODIS" means combined DNA index system.
			 CO-DIS is the FBI's national DNA identification index system that allows the
			 storage and exchange of DNA records submitted by state and local forensic DNA
			 laboratories.
(c) "DNA" means
			 deoxyribonucleic acid.
(d)
			 "Director" means director of the KBI.
(e) "DNA analysis" means the process through
			 which DNA in a human biological specimen is analyzed and compared with DNA from
			 another human biological specimen for identification purposes.
(f) "DNA databank" means the repository of
			 DNA samples collected pursuant to
			 K.S.A.
			 21-2511 or
			 22-4901 et seq., and amendments
			 thereto.
(g) "DNA database" means
			 the KBI's DNA identification record system. It is administered by the KBI and
			 provides DNA records to the FBI for storage and maintenance in CODIS. The KBI's
			 DNA database system is computer software and procedures administered by the
			 KBI, to store and maintain DNA records submitted pursuant to
			 K.S.A.
			 21-2511 or
			 22-4901 et seq., and amendments
			 thereto, and DNA records used for identifying individuals or quality
			 control.
(h) "DNA record" means DNA
			 identification information stored in the DNA database or CODIS. The DNA record
			 is the result obtained from the DNA analysis tests. The DNA record is comprised
			 of the characteristics of a DNA sample that are of value in establishing the
			 identity of individuals. The DNA record shall not contain any of the personal
			 information submitted to the KBI on any form prescribed by the director. The
			 results of all DNA identification tests on an individual's DNA sample are also
			 collectively referred to as the DNA profile of an individual.
(i) "DNA sample" means any blood sample or
			 buccal sample submitted pursuant to
			 K.S.A.
			 21-2511 or
			 22-4901 et seq., and amendments
			 thereto, or submitted to the KBI laboratory for analysis pursuant to a criminal
			 investigation.
(j) "FBI" means
			 federal bureau of investigation.
(k) "KBI" means Kansas bureau of
			 investigation.
(1) "Law enforcement" means
			 those law enforcement officers and agencies authorized to receive information
			 under K.S.A. 21-2511 or
			 22-4901 et seq., and amendments
			 thereto.
Kansas Administrative Regulations › Agency 10 - KANSAS BUREAU OF INVESTIGATION › Article 21 - KANSAS BUREAU OF INVESTIGATION DNA DATABANK › Section 10-21-2 - Purpose of DNA identification

Current through Register Vol. 43, No. 28, July 11, 2024
The DNA databank shall be utilized only for the following
				purposes:
(a) For identifying
			 investigative leads in criminal investigations;
(b) for locating missing persons;
(c) for identifying unknown human remains;
(d) for a population statistic
			 database, after personal identifiable information is removed; or
(e) for research, protocol development, and
			 quality control, after personal identifiable information is removed.
Kansas Administrative Regulations › Agency 10 - KANSAS BUREAU OF INVESTIGATION › Article 21 - KANSAS BUREAU OF INVESTIGATION DNA DATABANK › Section 10-21-3 - Procedural compatibility with the FBI

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The DNA database shall be compatible with
			 the following documents, which are hereby adopted by reference:
(1) The FBI's "national DNA index system
			 (NDIS) operational procedures manual," version 11, effective July 1, 2022,
			 including the appendices, except for the following:
(A) Table of contents;
(B) introduction;
(C) all sections describing responsibilities
			 of the NDIS Custodian, FBI's CODIS Unit, NDIS Audit Review Panel, NDIS
			 Procedures Board, director of the FBI, and deputy assistant director of the
			 FBI;
(D) section 4.3 "standards for
			 acceptance of mitochondrial DNA records at NDIS," section 4.4 "standards for
			 acceptance of next generation sequencing DNA records at NDIS," and section 4.6
			 "rapid DNA analysis systems;"
(E)
			 appendix C; and
(F)
			 glossary.
Kansas Administrative Regulations › Agency 10 - KANSAS BUREAU OF INVESTIGATION › Article 21 - KANSAS BUREAU OF INVESTIGATION DNA DATABANK › Section 10-21-4 - Expungement

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any person
			 whose DNA record or profile has been included in the DNA database and whose DNA
			 sample is stored in the DNA databank may apply for expungement on any of the
			 grounds specified in
			 K.S.A.
			 21-2511, and amendments thereto.
(b) The person, either individually or
			 through an attorney, may make application to the KBI for expungement of the DNA
			 record. The written application for expungement shall be on a form approved by
			 the KBI and shall include the following information about the person:
(1) Name;
(2) date of birth;
(3) sex;
(4) race;
(5) place of birth, including city and
			 state;
(6) district court case
			 number and county;
(7) offense or
			 offenses;
(8) county of arrest,
			 charge, or conviction; and
(9)
			 social security number.
Kansas Administrative Regulations › Agency 10 - KANSAS BUREAU OF INVESTIGATION › Article 21 - KANSAS BUREAU OF INVESTIGATION DNA DATABANK › Section 10-21-5 - Maintenance

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Access to DNA
			 samples shall be limited to DNA analysis for profiles included in the DNA
			 databank.
(b) All DNA records and
			 samples obtained by the KBI shall be maintained, preserved, and securely stored
			 by the KBI.
Kansas Administrative Regulations › Agency 10 - KANSAS BUREAU OF INVESTIGATION › Article 21 - KANSAS BUREAU OF INVESTIGATION DNA DATABANK › Section 10-21-6 - Collection of samples for DNA databank

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The collection, labeling, storage,
			 handling, preservation, and shipment of DNA samples obtained from persons
			 required to submit a DNA sample pursuant to
			 K.S.A.
			 21-2511 or
			 22-4901 et seq., and amendments
			 thereto, for the DNA databank shall be in conformance with the manner
			 prescribed by the director. Copies of the applicable protocol may be obtained
			 from the KBI laboratory.
(b) Each
			 person required to submit a DNA sample pursuant to
			 K.S.A.
			 21-2511 or
			 22-4901 et seq., and amendments
			 thereto, shall be positively identified using photo identification before
			 taking the DNA sample.
(c) When the
			 person required to submit a DNA sample pursuant to
			 K.S.A.
			 21-2511 or
			 22-4901 et seq. and amendments
			 thereto is positively identified, one buccal sample shall be taken from the
			 person.
(d) Each buccal sample
			 shall be taken using only the DNA sample collection kit provided by the
			 KBI.
(e)
(1) The DNA information form provided in the
			 collection kit or generated from the remote-collection software shall be
			 completed, providing all information requested on the form.
(2) The left and right thumbs of the person
			 required to submit a DNA sample pursuant to
			 K.S.A.
			 21-2511 or
			 22-4901 et seq., and amendments
			 thereto, shall be imprinted by means of an inked impression in the spaces
			 indicated on the form.
(3) Each
			 person taking the DNA sample and thumbprints shall complete and sign, as
			 indicated on the form, a verification that the DNA sample was taken from the
			 positively identified person required to submit a DNA sample pursuant to
			 K.S.A.
			 21-2511 or
			 22-4901 et seq., and amendments
			 thereto.
Kansas Administrative Regulations › Agency 10 - KANSAS BUREAU OF INVESTIGATION › Article 22 - FIELD TESTING FOR CONTROLLED SUBSTANCES › Section 10-22-1 - Approved field tests

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Law
			 enforcement officers shall use only the field tests specified in this
			 regulation on suspected controlled substances for admission of the field test
			 results at any preliminary examination pursuant to
			 K.S.A.
			 22-2902, and amendments thereto.
(b) The following reagents shall be the only
			 reagents approved by the director of the Kansas bureau of investigation (KBI)
			 for reagent-based field tests:
(1) Chen's
			 reagent;
(2) cobalt thiocyanate
			 reagent;
(3) Dille-Koppanyi
			 reagent;
(4) Duquenois-Levine
			 reagent;
(5) Ehrlich's
			 reagent;
(6) fast blue B or BB
			 reagent or the salts of either reagent;
(7) Fröhdes reagent;
(8) Mandelin reagent;
(9) Marquis reagent;
(10) Mecke's reagent;
(11) nitric acid reagent;
(12) Sanchez reagent;
(13) Scot reagent;
(14) sodium nitroprusside reagent, which is
			 also known as nitrosylpentacyanoferrate, nitroprussidnatrium, sodium
			 nitroprussate, sodium nitrosylpentacyanoferrate, or disodium
			 pentacyanonitrosylferrate. This reagent may be used only in conjunction with
			 the Marquis reagent; and
(15)
			 Zwikker reagent.
Kansas Administrative Regulations › Agency 10 - KANSAS BUREAU OF INVESTIGATION › Article 23 - KANSAS ASSET SEIZURE AND FORFEITURE REPOSITORY › Section 10-23-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
As used in this article of the KBI's regulations, each of the
				following terms shall have the meaning specified in this regulation:
(a) "Director" means director of the
			 KBl.
(b) "KBl" means Kansas bureau
			 of investigation.
(c) "Law
			 enforcement agency" means any Kansas entity vested by law with a duty to
			 maintain public order or to make arrests for violations of the laws of Kansas
			 or ordinances of any Kansas municipality. A law enforcement agency is deemed a
			 seizing agency when the law enforcement agency makes a seizure for
			 forfeiture.
(d) "Repository" means
			 the Kansas asset seizure and forfeiture repository.
(e) "Seizing agency" has the meaning
			 specified in
			 K.S.A.
			 60-4102, and amendments thereto.
Kansas Administrative Regulations › Agency 10 - KANSAS BUREAU OF INVESTIGATION › Article 23 - KANSAS ASSET SEIZURE AND FORFEITURE REPOSITORY › Section 10-23-2 - Accuracy and completeness; duplicate reporting prohibited

Current through Register Vol. 43, No. 28, July 11, 2024
Each law enforcement agency shall ensure the accuracy and
				completeness of all information that the law enforcement agency submits to the
				repository. No law enforcement agency shall knowingly provide a duplicate of
				any report required by the repository.
Kansas Administrative Regulations › Agency 10 - KANSAS BUREAU OF INVESTIGATION › Article 23 - KANSAS ASSET SEIZURE AND FORFEITURE REPOSITORY › Section 10-23-3 - Means of reporting

Current through Register Vol. 43, No. 28, July 11, 2024
The information reported to the repository shall be submitted
				electronically or on a paper form that has been approved by the
				director.
Kansas Administrative Regulations › Agency 10 - KANSAS BUREAU OF INVESTIGATION › Article 23 - KANSAS ASSET SEIZURE AND FORFEITURE REPOSITORY › Section 10-23-4 - Seizure for forfeiture report

Current through Register Vol. 43, No. 28, July 11, 2024
Once a seizing agency submits a seizure for forfeiture report
				to the repository, the repository staff shall review the report. Repository
				staff shall contact the seizing agency if the staff has any questions about the
				report. If the seizure for forfeiture report needs to be changed, the seizing
				agency shall submit an amended report to the repository within 30 calendar days
				of the date on which the repository staff requests an amended
				report.
Kansas Administrative Regulations › Agency 10 - KANSAS BUREAU OF INVESTIGATION › Article 23 - KANSAS ASSET SEIZURE AND FORFEITURE REPOSITORY › Section 10-23-5 - Forfeiture fund report

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) Once a law enforcement agency submits a
			 forfeiture fund report for the preceding calendar year, the repository staff
			 shall review the report.
(2)
			 Repository staff shall contact the law enforcement agency if the staff has any
			 questions about the forfeiture fund report. If the report needs to be changed,
			 the law enforcement agency shall submit an amended report to the repository
			 within 30 calendar days of the repository staff's request for an amended
			 report.
Kansas Administrative Regulations › Agency 10 - KANSAS BUREAU OF INVESTIGATION › Article 23 - KANSAS ASSET SEIZURE AND FORFEITURE REPOSITORY › Section 10-23-6 - Point of contact

Current through Register Vol. 43, No. 28, July 11, 2024
With each annual submission of the forfeiture fund report, each
				law enforcement agency shall provide the repository with a point of contact for
				the law enforcement agency, including name phone number, electronic-mail
				address, and mailing address. Each law enforcement agency shall notify the
				repository within 30 calendar days of any change in the point of contact's
				information.
Kansas Administrative Regulations › Agency 10 - KANSAS BUREAU OF INVESTIGATION › Article 24 - KANSAS SCRAP METAL DATA REPOSITORY › Section 10-24-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
As used in this article of the KBI's regulations, each of the
				following terms shall have the meaning specified in this regulation:
(a) "KBI" means Kansas bureau of
			 investigation.
(b) "Repository"
			 means the Kansas scrap metal data repository.
(c) "Seller" means an individual selling
			 regulated scrap metal to a scrap metal dealer.
(d) "Transaction" means the purchase or
			 receipt of any junk vehicle or regulated scrap metal by a scrap metal dealer
			 that requires information to be recorded pursuant to K.S.A. 2019 Supp.
			 50-6,110,
			 as amended by
			 L.
			 2019, ch. 66,
			 sec.
			 6, and amendments thereto.
Kansas Administrative Regulations › Agency 10 - KANSAS BUREAU OF INVESTIGATION › Article 24 - KANSAS SCRAP METAL DATA REPOSITORY › Section 10-24-2 - Information to be submitted

Current through Register Vol. 43, No. 28, July 11, 2024
For each transaction, each scrap metal dealer shall submit to
				the KBI the following information for entry into the repository:
(a) The date and place of the transaction;
(b) the seller's name, address,
			 date of birth, and sex;
(c)
(1) The identifying number from the seller's
			 driver's license, military identification card, passport, or personal
			 identification license; or
(2) the
			 identifying number from the seller's official governmental document for a
			 country other than the United States;
Kansas Administrative Regulations › Agency 10 - KANSAS BUREAU OF INVESTIGATION › Article 24 - KANSAS SCRAP METAL DATA REPOSITORY › Section 10-24-3 - Manner of submission

Current through Register Vol. 43, No. 28, July 11, 2024
Each scrap metal dealer shall submit the information specified
				in K.A.R. 10-24-2 to the repository either by using the KBI's electronic form
				online or by using a standard software interface to electronically transfer the
				information from the scrap metal dealer's transaction storage system to the
				repository.
Kansas Administrative Regulations › Agency 10 - KANSAS BUREAU OF INVESTIGATION › Article 25 - TESTING ORAL FLUID FOR LAW ENFORCEMENT PURPOSES › Section 10-25-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
As used in this article of the KBI's regulations, each of the
				following terms shall have the meaning specified in this regulation:
(a)"Agency" means any law enforcement agency
			 under whose authority preliminary oral fluid screening tests are
			 performed.
(b)"Director" means
			 director of the KBI.
(c)"KBI" means
			 Kansas bureau of investigation.
(d)"Preliminary oral fluid screening test"
			 means a test to determine the presence or absence of drugs in the oral fluid of
			 a person for the purpose of assisting law enforcement officers in determining
			 whether an arrest should be made and whether to request the tests authorized in
			 K.S.A.
			 8-1001, and amendments thereto.
(e)"Preliminary oral fluid screening test
			 device" and "device" mean an instrument designed to perform a preliminary oral
			 fluid screening test.
(f)"Preliminary oral fluid screening test
			 device operator" means the employee at an agency who is responsible for
			 administering preliminary oral fluid screening tests.
Kansas Administrative Regulations › Agency 10 - KANSAS BUREAU OF INVESTIGATION › Article 25 - TESTING ORAL FLUID FOR LAW ENFORCEMENT PURPOSES › Section 10-25-2 - Preliminary oral fluid screening test devices

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 preliminary oral fluid screening test conducted shall be performed on a device
			 approved by the director.
(b) The
			 device approved for use shall be the Abbott SoToxa model.
(c) Each agency shall be responsible for the
			 training of preliminary oral fluid screening test device operators.
All training shall follow the operational instructions supplied
				by the manufacturer for the device in use.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 1 - WATER RESOURCES COST-SHARE PROGRAM › Section 11-1-6 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) "Applicant" means a landowner or legal agent applying for
				financial assistance to construct or apply conservation or pollution control
				practices.
(b) "Commission" means the state conservation commission.
(c) "District" means a conservation district that is a
				political subdivision of the state government with its own governing body of
				five elected supervisors created under K.S.A. 2-1901  et seq., and amendments
				thereto, as a special purpose district to develop and carry out soil and water
				conservation programs within its political boundaries.
(d) "Financial assistance" means financial incentives offered
				to eligible applicants on a cost-sharing basis to implement approved soil and
				water conservation and pollution control practices.
(e) "Landowner" means a private or public owner of land or
				group of persons owning land within the district or, if excepted by the
				commission, an adjacent district.
(f) "Practice" means a land treatment or management practice
				constructed or implemented to effect soil erosion control, pollution control,
				water conservation, and water supply.
(g) "Total maximum daily load" and "TMDL" mean state
				identification and prioritization of pollutants and specific water bodies with
				pollutant loadings allocated for specific water bodies and corresponding
				pollutant-reduction goals developed and strategies implemented.
(h) "Water resources cost-share program" and "WRCSP" mean a
				state-financed cost-share program providing financial assistance to landowners
				for the installation of conservation and water quality practices for the
				restoration and protection of Kansas water resources.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 1 - WATER RESOURCES COST-SHARE PROGRAM › Section 11-1-7 - Allocation of water resources cost-share program funding

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Appropriation for the water resources cost-share program
				may be used for financial assistance to construct conservation and water
				quality practices or to contract for technical expertise, with specific
				allocations for each recommended annually by the commission and approved by the
				governor and legislature.
(b) The allocation of WRCSP funds shall be made by the
				commission on or after July 1 to districts or other entities receiving funds.
(c) Appropriated funds for cost-share assistance shall be
				allocated to districts under three accounts:
(1) The district needs allocation (DNA) shall represent a
				portion of the total WRCSP appropriation and shall be allocated to all
				districts. The total amount of the appropriation dedicated to the DNA shall be
				recommended by the commission and shall be subject to approval by the governor
				and legislature. The DNA may be used for eligible conservation and water
				quality improvement practices as determined by the conservation districts. The
				approved DNA shall be allocated to districts based on the following criteria:
(A) Non-federal rural acres: one point for each 100,000 acres,
				with a maximum point total of eight;
(B) water quality: ranging from one point for districts in low
				sedimentation areas up to eight points for districts in high sedimentation
				areas; and
(C) water quantity: ranging from one point for districts in
				areas of high rainfall and significant surface water storage up to eight points
				for districts in areas of low rainfall, limited surface water storage, and
				depleting groundwater supplies.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 1 - WATER RESOURCES COST-SHARE PROGRAM › Section 11-1-9 - Financial assistance contract

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each request for a financial assistance payment shall be
				submitted to the district on forms prescribed by the commission. All requests
				submitted on commission-prescribed forms shall be considered for approval or
				disapproval by the district board of supervisors or its designee and duly
				recorded in the minutes of the regularly scheduled board meeting.
(b) Financial assistance requests shall be consistent with each
				district's current fiscal year program as approved by the commission, and all
				commission requirements and procedures shall be followed in the submittal of
				financial requests.
(c) The actual cost or county average cost, whichever is less,
				shall be used as a basis for determining financial assistance earned.
(d)
(1) The applicant shall not begin construction until
				written approval of the submitted request is given by the commission to the
				district, unless the commission determines that an exception is warranted.
(2) If the applicant requests immediate approval, verbal
				approval may be given by the commission if either of the following conditions
				is met:
(A) The practice has been designed and surveyed, and the
				contractor or installer is at the site and ready to proceed with practice
				construction on the same day that the request is made.
(B) The commission will not receive the financial assistance
				request form before an uncommitted funds cancellation deadline.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 1 - WATER RESOURCES COST-SHARE PROGRAM › Section 11-1-10 - Cancellation of funds

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A status report of all active contracts and each district's
				uncommitted balance shall be prepared by the commission on or after June 1 and
				shall be provided to each district.
(b) Cost-share funds uncommitted and not under contract at the
				close of business on June 30 shall become void.
(c) Cost-share funds under contract for practices on which
				construction has not begun by June 30 shall be individually evaluated by the
				commission and may be encumbered and continued for one or more years or may
				become void.
(d) Cost-share funds under contract for practices on which
				construction has not begun by June 30, due to inclement weather or other
				factors beyond the control of the applicant, shall be individually evaluated by
				the commission and may be encumbered and continued for one or more years.
(e) Cost-share funds under contract for practices on which
				construction has begun but has not been completed by June 30 may be encumbered
				and continued for one year.
(f) Encumbered contracts not completed within the year of
				encumbrance may expire and become void, if not extended by the commission.
(g) Any contract may be extended by the commission if the
				contract is determined by the commission to be highly significant in pollution
				reduction.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 1 - WATER RESOURCES COST-SHARE PROGRAM › Section 11-1-11 - Contract between the landowner and the state conservation commission

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each applicant for financial assistance shall sign a
				contract on the form or forms approved by the commission.
(b) The applicant shall agree to maintain the practice
				according to maintenance procedures prescribed by the commission for 10 years
				or the life of the practice, whichever is greater.
(c) If the financial assistance recipient fails to maintain the
				practice according to contract provisions, the recipient may be declared
				ineligible for future financial assistance funds. The financial assistance
				recipient may be required to repay financial assistance funds received on the
				following pro rata basis if the amount is more than $100.00 and the recipient
				has constructed or installed the practice within the following time limits:
(1) Five or fewer years: 100%;
(2) more than five years but six or fewer years: 80%;
(3) more than six years but seven or fewer years: 60%;
(4) more than seven years but eight or fewer years: 40%;
(5) more than eight years but nine or fewer years: 20%; and
(6) more than nine years but 10 or fewer years: 10%.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 1 - WATER RESOURCES COST-SHARE PROGRAM › Section 11-1-12 - Special projects

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Funds may be withheld by the commission from the annual
				appropriation, and funds released by the districts may be reserved by the
				commission for the purpose of cost-sharing or contributing to special projects
				that the commission considers necessary and of high priority for the abatement
				of soil erosion and water pollution, and for conservation of water resources.
(b)
(1) Authority shall rest with the commission to fund
				special projects for the purpose of testing, development, implementation, and
				demonstration of new cost-share practices appropriate for future soil and water
				conservation and water quality needs.
(2) Special projects may be funded by the commission from
				annual appropriations if the projects are determined to be essential to
				increasing the effectiveness and efficiency of the cost-share program.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 1 - WATER RESOURCES COST-SHARE PROGRAM › Section 11-1-13 - Irrigation funding procedures

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Eligible applicants shall include the following:
(1) Landowners; and
(2) tenants or operators granted authority by landowners
				through power of attorney.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 1 - WATER RESOURCES COST-SHARE PROGRAM › Section 11-1-14 - Petition for reconsideration

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A landowner who has been denied cost-share funding may
				request a reconsideration of a district decision by filing a petition for
				reconsideration.
(b) The petition for reconsideration shall be submitted in
				writing to the commission within 30 days of the decision and shall state why
				the decision of the district should be reviewed and why the decision should be
				modified or reversed.
(c) The petition shall be reviewed by the commission during the
				next scheduled commission meeting. Whether the decision should be affirmed,
				modified, or reversed shall be determined by the commission. The final decision
				shall state the reason or reasons for this determination.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 3 - WATERSHED DAM CONSTRUCTION PROGRAM › Section 11-3-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) "Appurtenant works" means the following:
(1) The primary spillway;
(2) other conduits through a dam;
(3) valves;
(4) the auxiliary spillway;
(5) the service spillway;
(6) the stilling basin;
(7) any constructed outlet channel;
(8) all dikes and berms designed and constructed to protect a
				dam;
(9) drains; and
(10) all other features constructed to protect or operate a
				dam.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 3 - WATERSHED DAM CONSTRUCTION PROGRAM › Section 11-3-2 - Application for construction

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any organized watershed district, drainage district, or
				other special-purpose district interested in state assistance may apply for
				state cost-share assistance funds appropriated for the construction of
				detention dams and grade stabilization dams. Each application for state
				assistance shall be submitted on a form supplied by the commission. All
				applications shall be due at the commission office on or before April 1 to be
				included in the evaluation process for possible funding during the next fiscal
				year.
(b) Each district submitting an application shall employ or
				acquire the services of a person knowledgeable of watershed dam construction
				administrative procedures, who shall be known as the contracting officer for
				the proposed site.
(c) Each recipient of state cost-share assistance for
				construction shall submit an inundation area map before the final payment is
				made.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 3 - WATERSHED DAM CONSTRUCTION PROGRAM › Section 11-3-3 - Permit to construct or rehabilitate

Current through Register Vol. 43, No. 28, July 11, 2024
Before the allocation of funds to any project and before any
				district advertises for bids, the district shall submit the following to the
				commission:
(a) A copy of the permit to construct or rehabilitate, as
				issued by the chief engineer; and
(b) an updated general plan.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 3 - WATERSHED DAM CONSTRUCTION PROGRAM › Section 11-3-4 - Allocation of funds

Current through Register Vol. 43, No. 28, July 11, 2024
(a) An evaluation of applications shall be made by the
				commission to determine the priority ranking for all proposed projects. In
				addition, an amount that is contingent on appropriations shall be determined
				for projects in each district and other dams as authorized by the legislature.
(b) The maximum cost-share level for construction or
				rehabilitation costs, including engineering and inspection costs, shall be 80
				percent. The maximum annual assistance per structure or district shall be
				$120,000, except when uncommitted funds are available after all eligible
				structures have been funded. These uncommitted funds may be used to provide
				additional cost-sharing above the maximum limit. Assistance funds shall not be
				used for easements or administrative costs, except on rehabilitation projects
				if the commission determines that easements within the inundation area are the
				most cost-effective alternative.
(c) The standard bidding procedures of the department of
				administration shall be used in the bidding process for approved applications
				for state assistance.
(d) Adequate accounting and fiscal records shall be maintained
				by the district to reflect the receipts and expenditures of all funds of the
				project.
(e) The district shall submit project documents and relevant
				information as required by the commission.
(f) The district shall construct or cause the project to be
				constructed to final completion in accordance with the plans and specifications
				approved by the chief engineer.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 3 - WATERSHED DAM CONSTRUCTION PROGRAM › Section 11-3-5 - Contract

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each contract shall be a fundobligating document and shall
				include the contractual provisions required by the commission and the state.
(b) Any contract not completed by the end of the fiscal year in
				which appropriation was made may be extended upon written request.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 3 - WATERSHED DAM CONSTRUCTION PROGRAM › Section 11-3-6 - Partial payments

Current through Register Vol. 43, No. 28, July 11, 2024
Partial payments of appropriated funds shall be made to the
				district no more often than once each month. Each partial payment shall be
				requested on a form furnished by the commission. All partial payments shall be
				documented by construction or rehabilitation progress reports.