HB 2267--
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Session of 1997
HOUSE BILL No. 2267
By Representative Pottorff
[ol12](By request)
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9 AN ACT concerning private detectives; relating to licensure thereof; 10 amending K.S.A. 75-7b04 and repealing the existing section. 11 12 Be it enacted by the Legislature of the State of Kansas: 13 Section 1. K.S.A. 75-7b04 is hereby amended to read as follows: 75- 14 7b04. (a) Every person desiring to be licensed in Kansas as a private 15 detective or private detective agency shall make application therefor to 16 the attorney general. An application for a license under this act shall be 17 on a form prescribed by the attorney general and accompanied by the 18 required application fee. An application shall be verified and shall include: 19 (1) The full name and business address of the applicant; 20 (2) the name under which the applicant intends to do business; 21 (3) a statement as to the general nature of the business in which the 22 applicant intends to engage; 23 (4) a statement as to the classification or classifications under which 24 the applicant desires to be qualified; 25 (5) if the applicant is an organization, the full name and residence 26 address of each of its partners, officers, directors or associates; 27 (6) two recent photographs of the applicant, of a type prescribed by 28 the attorney general, and two classifiable sets of the applicant's finger- 29 prints; 30 (7) a verified statement of the applicant's experience qualifications; 31 and 32 (8) such other information, evidence, statements or documents as 33 may be required by the attorney general. 34 (b) If an applicant is a resident of this state, the application shall be 35 approved, as to each resident person signing the application, by five or 36 more reputable citizens of the community in which the applicant resides 37 or transacts business, or in which the applicant proposes to own, conduct, 38 manage or maintain the bureau, agency, subagency, office or branch of- 39 fice for which the license is desired. If an applicant is not a resident of 40 this state, the application shall be approved, as to each nonresident person 41 signing the application, by five or more reputable citizens of the com- 42 munity in which the applicant resides and the certificate of approval shall HB 2267
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 1  be verified and acknowledged by such nonresident citizens before an
 2  officer authorized to take oaths and acknowledgment of deeds. If an ap-
 3  plicant has become a resident of this state within one year of the filing of
 4  the application, the application shall be approved as to each such resident
 5  person signing the application, by five or more reputable citizens of the
 6  community in which such applicant resided prior to becoming a resident
 7  of this state and the certificate of approval shall be verified and acknowl-
 8  edged by such nonresident citizens before an officer authorized to take
 9  oaths and acknowledgment of deeds.
10    Each citizen approving an application shall subscribe and affirm as true,
11  under the penalties of perjury, that:
12    (1)  The citizen has personally known the persons signing the appli-
13  cation for a period of at least five years prior to the filing of the application
14  or if the person is a resident of this state within one year of the filing of
15  the application, the citizen has personally known the persons signing the
16  application for a period of at least five years prior to the date such person
17  become a resident of this state, except that the attorney general may lessen
18  such period if the person signing the application has been honorably dis-
19  charged from the military service of the United States within the six-year
20  period immediately preceding the date application is submitted;
21    (2)  the citizen has read such application and believes each of the
22  statements made therein to be true;
23    (3)  the persons signing the application are honest, of good character
24  and competent and not related or connected by blood or marriage to the
25  citizen.
26    (c)  Before an application for a license may be granted, the applicant
27  or, if the applicant is an organization, all of the officers, directors, partners
28  or associates shall:
29    (1)  Be at least 21 years of age;
30    (2)  be a citizen of the United States;
31    (3)  be of good moral character; and
32    (4)  comply with such other qualifications as the attorney general
33  adopts by rules and regulations.
34    (d)  After a hearing conducted in accordance with the provisions of
35  the Kansas administrative procedure act the attorney general may deny
36  a license unless the applicant makes a showing satisfactory to the attorney
37  general that the applicant or, if the applicant is an organization, that each
38  of its officers, directors, partners or associates has not:
39    (1)  Committed any act which, if committed by a licensee, would be
40  grounds for the suspension or revocation of a license under this act;
41    (2)  committed any act constituting dishonesty or fraud;
42    (3)  a bad moral character or a bad reputation for truth, honesty, and
43  integrity;
HB 2267
                                     
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 1    (4)  been convicted of a felony or any crime involving moral turpitude,
 2  dishonesty or illegally using, carrying, or possessing a dangerous weapon
 3  within 10 years immediately prior to the date of application;
 4    (5)  been refused a license under this act or had a license revoked in
 5  this state or in any other jurisdiction;
 6    (6)  been an officer, director, partner, associate or manager of any
 7  person who has been refused a license under this act or whose license
 8  has been revoked in this state or in any other jurisdiction;
 9    (7)  while unlicensed, committed or aided and abetted the commis-
10  sion of any act for which a license is required by this act; or
11    (8)  knowingly made any false statement in the application.
12    Sec. 2.  K.S.A. 75-7b04 is hereby repealed.
13    Sec. 3.  This act shall take effect and be in force from and after its
14  publication in the statute book.