As Amended by House Commettee
         

          Session of 1997
                   
HOUSE BILL No. 2487
         
By Committee on Federal and State Affairs
         
2-19
          10             AN ACT concerning licensure and regulation of private detectives and
11             private detective agencies; amending K.S.A. 75-7b01, 75-7b02, 75-
12             7b03, 75-7b04, 75-7b05, 75-7b06, 75-7b07, 75-7b08, 75-7b09, 75-
13             7b10, 75-7b11, 75-7b13, 75-7b14, 75-7b15, 75-7b16, 75-7b17, 75-
14             7b18, 75-7b19, 75-7b20 and 75-7b21 and repealing the existing
15             sections.
16            
17       Be it enacted by the Legislature of the State of Kansas:
18           New Section 1. (a) Appointment and composition. The attorney gen-
19       eral shall appoint a firearm and training review board to assist with actions
20       pertaining to firearm permits, training and use of force. The board shall
21       be composed as follows:
22           (1) A person appointed by and serving as a representative of the at-
23       torney general shall serve as chairperson;
24           (2) all of the Kansas certified firearms trainers.
25           (b) Authority. The firearm and training review board shall operate
26       under the executive authority granted to the attorney general by the Kan-
27       sas constitution, Kansas Statutes Annotated, and Kansas administrative
28       rules and regulations. The extent of the authority of the board shall be
29       specified by the attorney general.
30           (c) Findings. Findings of the board shall be limited to advisory opin-
31       ions and recommendations to the attorney general concerning private
32       detective firearms rules and regulations and training, and, when directed,
33       to regulatory review of use of deadly force by private detectives and fire-
34       arm permit holders.
35           (d) Annual Review. The firearm and training review board shall be
36       required to conduct an annual review of firearm permit procedures, train-
37       ing requirements and use of force by private detectives. All certified train-
38       ers will provide recommendations to the board each year. Other private
39       detectives may submit recommendations, as may other interested parties.
40       At the completion of the annual review, the firearm and training review
41       board shall submit its recommendations to the attorney general.
42           (e) Use of Force Review. The firearm and training review board may
43       be summoned to conduct a use of force review concerning a particular

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  1       incident. This review will be conducted only for use of deadly force by
  2       licensed private detectives, and shall meet the following limitations:
  3           (1) The review will be conducted at a location in the immediate ge-
  4       ographical vicinity of the use of force incident in order to facilitate access
  5       to information and people involved.
  6           (2) The review will be conducted as a hearing under the Kansas ad-
  7       ministrative procedure act with the modifications specified below:
  8           (A) The use of force review is an optional procedure of the attorney
  9       general unless it is specifically requested by the private detective agency
10       or independent private detective involved. When requested by either, the
11       attorney general is required to summon the review board.
12           (B) Any review by the board shall be initiated by the attorney general
13       within 10 days of the initial report of the incident to the attorney general.
14           (C) A minimum of five days' notice of the review shall be given to
15       the licensee.
16           (D) The review shall be completed and recommendations or findings
17       presented to the attorney general within 25 days of the initial report of
18       the incident to the attorney general.
19           (E) The attorney general shall act upon the findings and recommen-
20       dations within 30 days of the initial report of the incident to the attorney
21       general.
22           (F) The review may be limited by the attorney general to the need
23       to alter rules and regulations pertaining to firearm permits, training and
24       use of force procedures or may include a finding of the appropriateness
25       of the use of force in this incident.
26           (G) Findings and recommendations of the board will be based on
27       simple majority vote. When the finding by the board concerns appropri-
28       ateness of the use of force, the finding shall be considered an advisory
29       opinion to the attorney general and shall be in one of three forms: ap-
30       propriate, neutral or inappropriate.
31           (H) When the use of force incident is being investigated by a law
32       enforcement agency as a possible criminal felony at the time of the review,
33       all evidence presented to the review board shall have the same legal status
34       as evidence presented to a grand jury. In all other situations, the pro-
35       ceedings are open to the public. The findings and recommendations of
36       the firearm and training review board, in all cases, shall be considered a
37       public record.
38           (I) The private detective involved in the incident shall have the right
39       to request a professional screening panel to review such detective's action.
40       The professional screening panel will be formed under the firearm and
41       training review board adapting the procedures detailed in K.S.A. 60-3502,
42       and amendments thereto.
43           (3) The proceedings of the board may be, but are not required to be,

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  1       recorded.
  2           Sec. 2. K.S.A. 75-7b01 is hereby amended to read as follows: 75-
  3       7b01. As used in this act:
  4           (a) ``Detective business'' means the furnishing of, making of or agree-
  5       ing to make any investigation for the purpose of obtaining information
  6       with reference to:
  7           (1) Crime or wrongs done or threatened against the United States or
  8       any state or territory of the United States or any political subdivision
  9       thereof when furnished or made by persons other than law enforcement
10       officers;
11           (2) the identity, habits, conduct, business, occupation, honesty, in-
12       tegrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity,
13       movement, whereabouts, affiliations, associations, transactions, acts, rep-
14       utation or character of any person;
15           (3) the location, disposition or recovery of lost or stolen property;
16           (4) the cause or responsibility for fires, libels, losses, frauds, accidents
17       or damage or injury to persons or to property; or
18           (5) securing evidence to be used before any court, board, officer or
19       investigating committee; or
20           (6) conducting any polygraph or electronic truth verification testing.
21           (b) ``Private detective'' means any person who, for any consideration
22       whatsoever, engages in detective business.
23           (c) ``Private detective agency'' means a person who regularly employs
24       any other person, other than an organization, to engage in detective busi-
25       ness.
26           (d) ``Private patrol operator'' means a person who, for any consider-
27       ation whatsoever, agrees to furnish or furnishes a watchman, guard, pa-
28       trolman or other person to protect persons or property or to prevent the
29       theft, unlawful taking, loss, embezzlement, misappropriation or conceal-
30       ment of any goods, wares, merchandise, money, bonds, stocks, notes,
31       documents, papers or property of any kind, or performs the service of
32       such watchman, guard, patrolman or other person for any such purposes.
33           (e) ``Law enforcement officer'' means a law enforcement officer as
34       defined by K.S.A. 21-3110 and 74-5602, and amendments thereto.
35           (f) ``Organization'' means a corporation, trust, estate, partnership, sole
36       proprietorship, cooperative or association.
37           (g) ``Person'' means an individual or organization.
38           (h) ``Firearm permit'' means a permit for the limited authority to
39       carry a firearm concealed on or about the person by one licensed as a
40       private detective.
41           (i) ``Firearm'' means:
42           (1) A pistol or revolver which is designed to be fired by the use of a
43       single hand and which is designed to fire or capable of firing fixed car-

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  1       tridge ammunition; or
  2           (2) any other weapon which will or is designed to expel a projectile
  3       by the action of an explosive and which is designed to be fired by the use
  4       of a single hand.
  5           (j) ``Client'' means any person who engages the services of a private
  6       detective.
  7           (k) ``Good moral character'' means a personal history of honesty, fair-
  8       ness and respect for the rights and property of others and for the laws of
  9       this state and the United States.
10           (l) ``Citizen'' means a citizen of the United States.
11           (m) ``Independent'' means a person having exclusive ownership or
12       doing business as an individual.
13           (n) ``Claims adjuster'' means any person who for any consideration
14       whatsoever, adjusts or otherwise participates in the disposal of any claim
15       under or in connection with a policy of insurance or engages in soliciting
16       insurance adjustment business or providing services for a licensed insurer.
17           (o) ``Operative'' means any person who for any consideration what-
18       soever provides information to, works in an undercover capacity for, or
19       translates for a private detective agency or independent private detective.
20           (p) ``Intern'' means any person employed by a private detective
21       agency who does not meet the requirements of subsection (d) of K.S.A.
22       75-7b04, and amendments thereto, and is pursuing an educational or
23       on-the-job training course to qualify as a private detective with that
24       agency.
25           (q) ``Pistol-caliber carbine'' means a rifle, of legal length, chambered
26       to fire a cartridge of a caliber usually fired in a revolver or pistol.
27           Sec. 3. K.S.A. 75-7b02 is hereby amended to read as follows: 75-
28       7b02. Unless expressly exempted from the provisions of this act:
29           (a) It shall be unlawful for any person to engage in detective business
30       in this state unless such person is licensed as a private detective under
31       this act.
32           (b) It shall be unlawful for any person to engage in business in this
33       state as a private detective agency unless such person is licensed therefor.
34           (c) No law enforcement officer or any person who holds a special
35       commission or any form of law enforcement commission from any law
36       enforcement agency of the federal government or of the state or any
37       political subdivision thereof may be licensed as a private detective or
38       private detective agency.
39           Sec. 4. K.S.A. 75-7b03 is hereby amended to read as follows: 75-
40       7b03. The following persons shall not be deemed to be engaging in de-
41       tective business:
42           (a) A person employed exclusively and regularly by one employer in
43       connection only with the internal affairs or investigations of such em-

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  1       ployer and where there exists an employer-employee relationship;
  2           (b) any officer or employee of the United States, or of this state or a
  3       political subdivision thereof while engaged in the performance of the
  4       officer's or employee's official duties;
  5           (c) a person engaged exclusively in the business of obtaining and fur-
  6       nishing information as to the financial rating of persons or organizations,
  7       except this exemption does not include a person preparing an investigative
  8       consumer report as defined by K.S.A. 50-702, and amendments thereto;
  9           (d) a charitable philanthropic society or association duly incorporated
10       under the laws of this state which is organized and maintained for the
11       public good and not for private profit;
12           (e) an attorney performing duties as an attorney or a person employed
13       exclusively and regularly by an attorney or law firm performing duties
14       exclusively on behalf of the attorney or law firm;
15           (f) a licensed collection agency or an employee thereof while acting
16       within the scope of employment, while making an investigation incidental
17       to the business of the agency, including an investigation of the location
18       of a debtor or a debtor's property where the contract with an assignor
19       creditor is for the collection of claims owed or due or asserted to be owed
20       or due or the equivalent thereof;
21           (g) admitted insurers, agents, claims adjusters and insurance brokers
22       licensed by the state, performing duties in connection with insurance
23       transacted by them;
24           (h) the legal owner of personal property which has been sold under
25       a conditional sales agreement or a mortgagee under the terms of a chattel
26       mortgage in connection with the recovery of such personal property;
27           (i) any bank subject to the jurisdiction of the state bank commissioner
28       of the state of Kansas or the comptroller of currency of the United States;
29           (j) a person engaged solely in the business of securing information
30       about persons or property from public records;
31           (k) an insurance adjuster which, for the purpose of this act, means
32       any person who, for any consideration whatsoever, adjusts or otherwise
33       participates in the disposal of any claim under or in connection with a
34       policy of insurance or engages in soliciting insurance adjustment business;
35       or
36           (l) (k) a private patrol operator while actually engaged in providing
37       private patrol services on or near the property or person to which private
38       patrol services are being provided;
39           (l) an operative of a private detective agency or independent private
40       detective utilized for a limited time period or limited purpose;
41           (m) a person licensed as a private detective by another state or mu-
42       nicipality in another state who, for a period of less than 72 hours, conducts
43       an investigation that began in the state or municipality in which the pri-

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  1       vate detective is licensed; or
  2           (n) persons engaged in marketing research.
  3           Sec. 5. K.S.A. 75-7b04 is hereby amended to read as follows: 75-
  4       7b04. (a) Every person desiring to be licensed in Kansas as a private
  5       detective or private detective agency shall make application therefor to
  6       the attorney general. An application for a license under this act shall be
  7       on a form prescribed by the attorney general and accompanied by the
  8       required application fee. An application shall be verified and shall include:
  9           (1) The full name, residence and business address, and post office box
10       number, if any, of the new applicant;
11           (2) the name under which the applicant intends to do business;
12           (3) a statement as to the general nature of the type of private detective
13       business in which the applicant intends to engage;
14           (4) a statement as to the classification or classifications under which
15       the applicant desires to be qualified: agency, independent, individual,
16       firearm trainer and firearm permit;
17           (5) if the new applicant is an organization a partner, officer, director
18       or sole proprietor in a detective business, the full name and residence
19       address of each of its partners, officers, directors or associates partner,
20       officer, director or owner;
21           (6) two recent photographs of the applicant taken within 60 days
22       prior to the date of application, of a type prescribed by the attorney
23       general, and two classifiable sets of the applicant's fingerprints, one of
24       which shall be submitted to the federal bureau of investigation for a fin-
25       gerprint check for any criminal history of the applicant; and
26           (7) a verified statement of the applicant's experience qualifications;
27       and
28           (8) such other information, evidence, statements or documents as
29       may be required by the attorney general employment history.
30           (b) If an applicant is a resident of this state, the application shall be
31       approved, as to each resident person signing the application, by five or
32       more reputable citizens of the community in which the applicant resides
33       or transacts business, or in which the applicant proposes to own, conduct,
34       manage or maintain the bureau, agency, subagency, office or branch of-
35       fice for which the license is desired. If an applicant is not a resident of
36       this state, the application shall be approved, as to each nonresident person
37       signing the application, by five or more reputable citizens of the com-
38       munity in which the applicant resides The new application shall be ap-
39       proved by five or more reputable citizens who have known the applicant
40       for a period of at least five years and the certificate of approval shall be
41       verified and acknowledged by such nonresident citizens before an officer
42       authorized to take oaths and acknowledgment of deeds.
43           (c) Each citizen approving an application shall subscribe and affirm

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  1       as true, under the penalties of perjury, that:
  2           (1) The citizen has personally known the persons signing the appli-
  3       cation new applicant for a period of at least five years prior to the filing
  4       of the application, except that the attorney general may lessen such period
  5       if the person signing the application has been honorably discharged from
  6       the military service of the United States within the six-year period im-
  7       mediately preceding the date application is submitted;
  8           (2) the citizen has read such application and believes each of the
  9       statements made therein to be true;
10           (3) (2) the persons signing the application are new applicant is honest,
11       of good moral character and competent and is not related or connected
12       by blood or marriage to the citizen.
13           (c) (d) Before an application for a license may be granted, the appli-
14       cant or, if the applicant is an organization, all of the officers, directors,
15       partners or associates shall:
16           (1) Be at least 21 years of age;
17           (2) be a citizen of the United States;
18           (3) be of good moral character; and
19           (4) comply with such other qualifications as the attorney general
20       adopts by rules and regulations
21           (4) be able to read, write and comprehend the English language;
22           (5) not be an individual who is impaired by reason of mental condi-
23       tion, deficiency or disease as determined by any court of competent ju-
24       risdiction, which shall include those individuals adjudicated by such court
25       to be incapacitated, incompetent or mentally ill and have not been restored
26       to capacity, competency or mental health; and
27           (6) not have been dishonorably discharged from United States mili-
28       tary service.
29           (d) (e) After a hearing conducted in accordance with the provisions
30       of the Kansas administrative procedure act the attorney general may deny
31       a license unless the applicant makes a showing satisfactory to the attorney
32       general that the applicant or, if the applicant is an organization, that each
33       of its officers, directors, partners or associates has not:
34           (1) Committed any act which, if committed by a licensee, would be
35       grounds for the suspension or revocation of a license under this act;
36           (2) committed any act constituting dishonesty or fraud;
37           (3) demonstrated a bad moral character or a bad reputation for truth,
38       honesty, and integrity;
39           (4) been convicted of a felony or;
40           (5) within 10 years immediately prior to the date of application, been
41       convicted of any crime involving moral turpitude, vehicular homicide,
42       assault, battery, assault on a law enforcement officer, battery on a law
43       enforcement officer, criminal restraint, sexual battery, endangering a

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  1       child, intimidation of a witness or victim, breach of privacy, eavesdrop-
  2       ping, criminal trespassing, unlawful deprivation of property, theft, dis-
  3       honesty or illegally using, carrying, or possessing a dangerous weapon
  4       within 10 years immediately prior to the date of application;
  5           (5) (6) been refused a license under this act or had a license limited,
  6       censured, suspended or revoked in this state or in any other jurisdiction
  7       as a result of a regulatory action;
  8           (6) been an officer, director, partner, associate or manager of any
  9       person who has been refused a license under this act or whose license
10       has been revoked in this state or in any other jurisdiction;
11           (7) while unlicensed, knowingly committed or aided and abetted the
12       commission of any act for which a license is required by this act; or
13           (8) knowingly made any false statement in the application.
14           (f) The attorney general shall have the authority to adopt rules and
15       regulations to provide for the issuance of a temporary license not to exceed
16       120 days. The attorney general shall charge a fee of $20 per temporary
17       license. Such fee shall be credited toward the new applicant's license fee.
18           (g) The attorney general shall issue a conditional license to a new
19       applicant to work as an intern when the applicant does not meet the
20       requirements of subsection (d) or any experience or educational require-
21       ments established by rules and regulations, provided that the intern is
22       employed by a licensed private detective agency and is actively training
23       to become qualified.
24           (h) The attorney general may charge a $15 fee for new application
25       forms and materials. Such fee shall be credited toward the application fee
26       of any applicant.
27           Sec. 6. K.S.A. 75-7b05 is hereby amended to read as follows: 75-
28       7b05. Every (a) Each application hereunder for a private detective agency
29       or independent private detective license shall be accompanied by an an-
30       nual a nonrefundable fee of $120, except that:
31           (a) (1) If the applicant is an organization and any of its officers, di-
32       rectors, partners or associates owners intends to engage in the business
33       of such organization as a private detective, such officer, director, partner
34       or associate owner shall make a separate application for a an individual
35       license and pay a fee of $18;
36           (b) (2) if the applicant is an individual who submits a verified state-
37       ment by a licensee that the applicant is or will be employed by such
38       licensee, the license fee for such applicant shall be $18; or
39           (c) (3) if a license is issued for a period of less than one year, the fee
40       shall be prorated for the months, or fraction thereof, for which the license
41       is issued.
42           (b) All applicants shall be assigned a file number by the attorney
43       general and that number will be the applicant's license and agency license

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  1       number as long as the license remains valid.
  2           Sec. 7. K.S.A. 75-7b06 is hereby amended to read as follows: 75-
  3       7b06. (a) The license, when issued, shall be in such form as may be
  4       determined by the attorney general and shall include the:
  5           (1) Name of the licensee;
  6           (2) name under which the licensee is to operate; and
  7           (3) number and date of the license.
  8           (b) The license at all times shall be posted in a conspicuous place in
  9       the principal place of business or employment of the licensee. Upon the
10       issuance of a license, a pocket card of such size, design and content as
11       determined by the attorney general shall be issued without charge to each
12       licensee or, if the licensee is an organization, to each of its officers, di-
13       rectors, partners or associates. Such card shall be evidence that the li-
14       censee is duly licensed pursuant to this act. When any person to whom a
15       card is issued terminates such person's position, office or association with
16       the licensee, the card shall be surrendered to the licensee and, within five
17       days thereafter, shall be mailed or delivered by the licensee to the attor-
18       ney general for cancellation. Within 30 days after any change of address
19       or of any change in its officers, directors, partners or associates,
20           (c) A licensee shall notify the attorney general thereof. within 30 days
21       after any change in the licensee's: address; officers, directors, partners or
22       owners; or principal place of business or employment.
23           (d) The principal place of business or employment may be at a resi-
24       dence or at a business address, but it shall be the place at which the
25       licensee maintains a permanent office.
26           (e) Every licensee possessing a valid firearm permit shall report to
27       the attorney general any loss of identification card or badge within 72
28       hours.
29           (c) (f) Applications, on forms prescribed by the attorney general, shall
30       be submitted by all new officers or, partners or owners. The attorney
31       general may suspend or revoke a license issued under this act if the at-
32       torney general determines that, at the time such person became an officer
33       or, partner or owner of a licensee, such person did not meet the require-
34       ments of K.S.A. 75-7b04 and amendments thereto.
35           Sec. 8. K.S.A. 75-7b07 is hereby amended to read as follows: 75-
36       7b07. (a) Any license issued under this act shall expire on December 31
37       of the year of its issuance.
38           (b) Renewal of any such license shall be made in the manner and
39       form prescribed for obtaining an original license by the attorney general,
40       including payment of the appropriate fee required by K.S.A. 75-7b05 and
41       amendments thereto, except that:
42           (1) The signing of the application by five or more citizens as required
43       by K.S.A. 75-7b04 and amendments thereto shall not be required if such

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  1       application for renewal is verified and acknowledged by the applicant
  2       before an officer authorized to administer oaths;
  3           (2) the application upon renewal need only provide information re-
  4       quired of original applicants if the information shown on the original
  5       application or any renewal thereof on file with the attorney general is no
  6       longer accurate; and
  7           (3) a two new photograph photographs shall be submitted with the
  8       application for renewal only if the photograph on file with the attorney
  9       general has been on file more than two years; and
10           (4) additional information may be required by rules and regulations
11       adopted by the attorney general.
12           (b) (c) A licensee shall at all times be legally responsible for the good
13       conduct of each of the licensee's employees or agents while engaged in
14       the business of the licensee, and the licensee is legally responsible for any
15       acts committed by such licensee's employees or agents which are in vio-
16       lation of this act.
17           (c) (d) A license issued under this act shall not be assignable or trans-
18       ferable.
19           (e) A licensee shall not be held responsible for the action of any em-
20       ployee who acts outside the scope of employment or acts at the direction
21       of the client outside the contractual obligation of the licensee.
22           Sec. 9. K.S.A. 75-7b08 is hereby amended to read as follows: 75-
23       7b08. (a) Any licensee or officer, director, partner or associate thereof
24       shall may voluntarily or by court subpoena or court order divulge to the
25       attorney general, any law enforcement officer or county attorney, or his
26       or her the representative thereof, any information he or she such licensee
27       may acquire as to any criminal offense, but he or she such licensee shall
28       not divulge disclose to any other person, except as he or she such licensee
29       may be required by law so to do, any information acquired by him or her
30       such licensee except at the direction of the employer or client for whom
31       the information was obtained.
32           (b) No licensee or officer, director, partner, associate or employee
33       thereof shall:
34           (1) Knowingly make any false report to his or her the licensee's em-
35       ployer or client for whom information was being obtained;
36           (2) cause any written report to be submitted to a client except by the
37       licensee or a designee of the licensee, and the person submitting the report
38       shall exercise diligence in ascertaining whether or not the facts and in-
39       formation in such report are true and correct;
40           (3) furnish or perform any services on a contingent or percentage
41       basis, or make or enter into any agreement for furnishing services of any
42       kind or character, by the terms or conditions of which agreement the
43       compensation to be paid for such services to the licensee is partially or

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  1       wholly contingent, or based upon a percentage of the amount of money
  2       or property recovered, or dependent in any way upon the result achieved.;
  3           (4) use a badge in connection with the activities of the licensee's busi-
  4       ness other than a firearms permit identification badge authorized by this
  5       act;
  6           (5) use a title, wear a uniform, use an insignia or an identification
  7       card or make any statement with the intent to give an impression that he
  8       or she such licensee is connected in any way with the federal government,
  9       a state government or any political subdivision of a state, county or mu-
10       nicipal government.;
11           (6) use an alias in connection with the activities of the licensee's busi-
12       ness, except for covert or undercover investigative activities;
13           (7) enter any private building or portion thereof without the consent
14       of the owner or of the person in legal possession thereof, unless such
15       private property is accessible to the public;
16           (8) appear as an assignee party in any proceeding involving claim and
17       delivery, replevin or other possessory action, action to foreclose a chattel
18       mortgage, mechanic's lien, materialman's lien, or any other lien.;
19           (9) permit an unlicensed employee or agent in his or her the em-
20       ployee's or agent's own name to advertise, engage clients, furnish reports
21       or present bills to clients, or in any manner whatever conduct business
22       for which a license is required under this act; and all or conduct business
23       of the licensee shall be conducted other than in the name of and under
24       the control of the licensee; or
25           (10) manufacture or produce any false evidence.
26           Sec. 10. K.S.A. 75-7b09 is hereby amended to read as follows: 75-
27       7b09. (a) Each private detective agency licensee shall maintain a record
28       containing such information relative to his or her the licensee's employees
29       who are licensed private detectives as may be prescribed by the attorney
30       general. Such
31           (b) Each private detective agency licensee and each independent pri-
32       vate detective licensee shall file with the attorney general the complete
33       address of his or her the licensee's principal place of business including
34       the name and number of the street, or, if the street where the business
35       is located is not numbered, the number of the post-office box. The at-
36       torney general may require the filing of other information for the purpose
37       of identifying such principal place of business.
38           Sec. 11. K.S.A. 75-7b10 is hereby amended to read as follows: 75-
39       7b10. Every An advertisement by a licensee soliciting or advertising busi-
40       ness shall not contain his or her name and address as they appear in the
41       records of the attorney general. A licensee shall not advertise or conduct
42       business from any location other than that shown on the records of the
43       attorney general as his or her principal place of business unless he or she

HB 2487--Am.

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  1       has received a branch office certificate for such location after compliance
  2       with the provisions of this act and such additional requirements necessary
  3       for the protection of the public as the attorney general may prescribe by
  4       regulation any false, misleading or deceptive information. A licensee shall
  5       notify the attorney general in writing within ten (10) 10 days after closing
  6       or changing the location of a branch office.
  7           Sec. 12. K.S.A. 75-7b11 is hereby amended to read as follows: 75-
  8       7b11. (a) Except as provided in subsection (b), no license shall be issued
  9       under this act unless the applicant (1) files with the attorney general a
10       corporate surety bond executed by a company authorized to do business
11       in this state in the sum of $10,000, or (2) files with the attorney general
12       a certificate of insurance showing that the applicant has general liability
13       insurance providing coverage for bodily injury or property damage caused
14       by negligence, errors or omissions, or intentional acts (including assault
15       and battery) and for personal injury caused by libel, slander, false arrest,
16       false imprisonment, invasion of privacy, wrongful entry, wrongful eviction
17       or malicious prosecution in the amount of not less than $10,000, or (3)
18       deposits $10,000 in cash with the state treasurer. The bond or return of
19       the deposit shall be conditioned on the faithful and honest conduct of
20       business by such applicant.
21           (b) No applicant who is or will be employed by a licensee to engage
22       in the business of the licensee shall be required to obtain such bond or
23       certificate of insurance or make such deposit under this section.
24           (c) The attorney general shall approve each bond filed under this
25       section as to form, execution and sufficiency of the sureties. Such bond
26       shall be taken in the name of the people of this state and may be contin-
27       uing in nature. The attorney general shall approve any certificate of in-
28       surance filed under this section as to form, execution and sufficiency of
29       coverage evidenced thereby.
30           (d) Any person injured by any unlawful act of an applicant or an
31       applicant's employees or agents, whether licensed or not, may bring an
32       action on the applicant's bond or deposit in such person's own name to
33       recover damages suffered by reason of such unlawful act.
34           Sec. 13. K.S.A. 75-7b13 is hereby amended to read as follows: 75-
35       7b13. (a) The attorney general may censure, limit, condition, suspend or
36       revoke a license or firearm permit issued under this act if, after notice
37       and opportunity for hearing in accordance with the provisions of the Kan-
38       sas administrative procedure act and the firearm and training review
39       board, when applicable, the attorney general determines that the licensee
40       or, if the licensee is an organization, any of its officers, directors, partners
41       or associates owners has:
42           (1) Made any false statement or given any false information in con-
43       nection with an application for a license or a renewal or reinstatement

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13

  1       thereof;
  2           (2) violated any provisions of this act;
  3           (3) violated any rule rules and regulations of the attorney general
  4       adopted pursuant to the authority contained in this act;
  5           (4) been convicted of a felony, or subsequent to the issuance of the
  6       license, been convicted of any crime involving moral turpitude, vehicular
  7       homicide, assault, battery, assault on a law enforcement officer, battery
  8       on a law enforcement officer, criminal restraint, sexual battery, endan-
  9       gering a child, intimidation of a witness or victim, breach of privacy,
10       criminal trespassing, eavesdropping, unlawful deprivation of property,
11       theft or illegally using, carrying, or possessing a dangerous weapon sub-
12       sequent to or within ten (10) years prior to the issuance of the license;
13           (5) impersonated, or permitted or aided and abetted an employee to
14       impersonate, a law enforcement officer or employee of the United States
15       of America, or of any state or political subdivision thereof;
16           (6) committed or permitted any employee to commit any act, while
17       the license was expired, which would be cause for the suspension or
18       revocation of a license, or grounds for the denial of an application for a
19       license;
20           (7) willfully failed or refused to render to a client services or a report
21       as agreed between the parties, and for which compensation has been paid
22       or tendered in accordance with the agreement of the parties;
23           (8) committed assault, battery or kidnapping, or used force or vio-
24       lence on any person without proper justification;
25           (9) (8) knowingly violated, or advised, encouraged or assisted the vi-
26       olation of, any court order or injunction in the course of business as a
27       licensee; or
28           (10) (9) acted as a runner or capper for any attorney; or
29           (11) committed any act which is a ground for denial of an application
30       for a license under this act decoy or lure for any fraudulent or illegal
31       purpose.
32           (b) The record of conviction, or a certified copy thereof, shall be
33       conclusive evidence of such conviction as that term is used in this section
34       or in K.S.A. 75-7b04, and amendments thereto, and a plea or verdict of
35       guilty or a conviction following a plea of nolo contendere is deemed to be
36       a conviction within the meaning thereof.
37           Sec. 14. K.S.A. 75-7b14 is hereby amended to read as follows: 75-
38       7b14. (a) The attorney general may censure, limit, condition, suspend or
39       revoke a license or firearm permit issued under this act if, after notice
40       and opportunity for hearing in accordance with the provisions of the Kan-
41       sas administrative procedure act and the firearm and training review
42       board, when applicable, the attorney general determines that the licensee
43       or, if the licensee is an organization, any of its officers, directors, partners

HB 2487--Am.

14

  1       or associates owners has:
  2           (1) Used any letterhead, advertisement or other printed matter, or in
  3       any manner whatever represented that such person is an instrumentality
  4       of the federal government, a state or any political subdivision thereof.
  5           (2) Used a name different from that under which such person is cur-
  6       rently licensed false, misleading or deceptive information in any adver-
  7       tisement, solicitation or contract for business.
  8           (b) The attorney general may censure, limit, condition, suspend or
  9       revoke a license issued under this act if after notice and opportunity for
10       hearing in accordance with the provisions of the Kansas administrative
11       procedure act, the attorney general determines that the licensee or, if the
12       licensee is an organization, any of its officers, directors, partners or as-
13       sociates owners has committed any act in the course of the licensee's
14       business constituting dishonesty or fraud. ``Dishonesty or fraud'' as used
15       in this section includes, in addition to other acts not specifically enumer-
16       ated herein:
17           (1) Knowingly making a false statement relating to evidence or in-
18       formation obtained in the course of employment, or knowingly publishing
19       a libel or pronouncing a slander or a libel in the course of business;
20           (2) using committing an illegal means act in the collection or at-
21       tempted collection of a debt or obligation;
22           (3) manufacturing or producing any false evidence; and
23           (4) acceptance of employment adverse to a client or former client
24       relating to a matter with respect to which the licensee has obtained con-
25       fidential information by reason of or in the course of the licensee's em-
26       ployment by such client or former client.
27           Sec. 15. K.S.A. 75-7b15 is hereby amended to read as follows: 75-
28       7b15. (a) Each private detective or detective agency operating as provided
29       in this act, shall be required to keep a complete record of the business
30       transactions of such detective or detective agency, and shall retain such
31       records for at least three years.
32           (b) Upon the service of a subpoena or court order of issued by the
33       attorney general, or a court of competent jurisdiction which is based on
34       the complaint of any citizen, supported by oath or affirmation and par-
35       ticularly describing the records and reports, any licensed private detective
36       who is the owner, partner, director, corporate officer or custodian of re-
37       cords of business transactions shall give free and full opportunity to in-
38       spect the same and to inspect reports made; but any information obtained
39       by the attorney general shall be kept confidential, except as may be nec-
40       essary to commence and prosecute any legal proceedings. When any de-
41       tective or detective agency requires any report of an agent or employee
42       to be made verbally, a digest shall be made of such verbal report and this
43       digest, together with the written reports, shall be kept on file in the office

HB 2487--Am.

15

  1       of the private detective or detective agency. The subpoenas issued by the
  2       attorney general to private detective licensees shall comply with any con-
  3       fidentiality standards or legal limitations imposed by privacy acts, fair
  4       credit reporting acts, polygraph acts, judicially-recognized privileged
  5       communications and the bill of rights of both the United States and Kansas
  6       constitutions.
  7           (b) (c) For the purpose of enforcing the provisions of this act, and in
  8       making investigations relating to any violation thereof or to the character,
  9       competency and integrity of the applicants or licensees hereunder, and
10       for the purpose of investigating the business, business practices and busi-
11       ness methods of any applicant or licensee, or of the officers, directors,
12       partners or associates thereof, the attorney general shall have the limited
13       power to subpoena as heretofore defined, and bring before him or her
14       the attorney general any person in this state and require the production
15       of any books, records or papers which he or she the attorney general
16       deems relevant to the inquiry.
17           (d) The attorney general also may administer an oath to and take the
18       testimony of any person, or cause his or her such person's deposition to
19       be taken, except that any applicant or licensee or officer, director, partner
20       or associate thereof shall not be entitled to any fees or mileage.
21           (e) A subpoena issued under this section shall be governed by the
22       code of civil procedure. Any person duly subpoenaed, who fails to obey
23       such subpoena without reasonable cause or objection or without such
24       cause refuses to be examined or to answer any legal or pertinent question
25       as to the character or qualification of such applicant or licensee or such
26       applicant's or licensee's business, business practices and methods or such
27       violations, upon conviction by a court of competent jurisdiction shall be
28       guilty of a class A nonperson misdemeanor.
29           (f) The testimony of witnesses in any investigative proceeding shall
30       be under oath, and willful false swearing in any such proceeding shall be
31       perjury.
32           Sec. 16. K.S.A. 75-7b16 is hereby amended to read as follows: 75-
33       7b16. Any motor vehicle owned or operated by any licensee in the course
34       of or as an incident to engaging in business in this state shall be registered
35       in this state pursuant to the laws pertaining thereto.
36           Sec. 17. K.S.A. 75-7b17 is hereby amended to read as follows: 75-
37       7b17. (a) No licensee may carry a firearm unless the licensee obtains a
38       permit therefor, upon application to the attorney general. No permit shall
39       be issued to any licensee unless such licensee:
40           (1) Demonstrates States to the attorney general the need to carry a
41       firearm in order to protect the licensee's life or property or to protect the
42       life or property of a client of licensee and submits such proof as required
43       by the attorney general to establish the necessity for the issuance of a

HB 2487--Am.

16

  1       firearm permit; and
  2           (2) has received training in the handling of firearms and the lawful
  3       use of force from a trainer certified pursuant to K.S.A. 75-7b20 75-7b21,
  4       and amendments thereto and submits such proof as required by the at-
  5       torney general to show satisfactory completion of such training.
  6           (b) An application for a firearm permit by a licensee shall be made
  7       in the manner and form prescribed by the attorney general and shall be
  8       accompanied by a fee of $10. Each such application shall be made a part
  9       of and supplemental to such licensee's application for a license under this
10       act. The application shall contain:
11           (1) The applicant's name and business and residence addresses;
12           (2) the make or manufacturer's name, model, serial number, caliber,
13       gauge and any other identifying information concerning the firearm or
14       firearms to be carried by the applicant;
15           (3) a two full set classifiable sets of the applicant's fingerprints;
16           (4) a two color photograph photographs of the applicant taken within
17       30 60 days prior to date of application and suitable for identification pur-
18       poses;
19           (5) such other information as deemed necessary by the attorney gen-
20       eral.
21           (c) If the attorney general is satisfied that it is necessary for an ap-
22       plicant under this section to carry a firearm, the attorney general shall
23       issue to such licensee a firearm permit identification card, the form of
24       which shall be approved by the attorney general. Such card shall bear the
25       licensee's color photograph, thumb prints and signature and a description
26       of the firearm or firearms to be carried private detective license indicating
27       that the licensee is authorized to carry a concealed firearm. Such permit
28       shall be valid only for the calendar year in which it is issued, and the
29       licensee shall have such permit in possession when carrying a firearm.
30       Identification cards and firearm permits shall be numbered consecutively,
31       and the attorney general shall maintain a current file of all valid firearm
32       permits.
33           (d) Any licensee granted a firearm permit must present the permit
34       identification card or firearm permit badge upon request by a proper law
35       enforcement officer within such officer's jurisdiction and authority, in-
36       cluding or private persons upon private property if such person is the
37       legal owner or has legal control of the private property, to demonstrate
38       the licensee's permit to carry a firearm. Every licensee possessing a valid
39       firearm permit shall report to the attorney general any change of em-
40       ployment status, change of firearm or firearms to be carried, loss of iden-
41       tification card or change of personal or business address.
42           (e) Every licensee who discharges a firearm for any reason other than
43       test firing, firearms training or target practice shall report the discharge

HB 2487--Am.

17

  1       to the attorney general within 24 72 hours, together with and provide a
  2       written report giving full particulars and reason for such discharge within
  3       48 hours of the initial report.
  4           (e) (f) The attorney general may shall suspend or revoke any firearm
  5       permit for cause if the licensee's private detective license has been sus-
  6       pended or revoked. The attorney general may limit, condition, suspend
  7       or revoke any firearm permit if the licensee has used a firearm in a manner
  8       inconsistent with the lawful use of force, or if the licensee can no longer
  9       state a need to carry a firearm pursuant to subsection (a)(1). An order of
10       limitation, condition, suspension or revocation, and hearing thereon, shall
11       be subject to the provisions of the Kansas administrative procedure act.
12       The attorney general may recall any identification card when in the at-
13       torney general's opinion the holder thereof no longer requires such fire-
14       arm permit.
15           (g) Upon suspension, revocation or expiration of a firearm permit, the
16       attorney general shall reissue a private detective license indicating that
17       the licensee is no longer authorized to carry a concealed firearm. Upon
18       conditioning or limitation of the firearm permit, the attorney general may
19       reissue a private detective license stating the condition or limitation.
20           (f) (h) A licensee to whom a firearm permit is granted hereunder
21       under this act shall be deemed to have no greater justification in the use
22       of force than a private person as prescribed by the Kansas criminal code,
23       and nothing in this act shall be construed as limiting the civil liability of
24       any such licensee with respect to the use of force.
25           (i) Licensees issued a firearm permit under this act to carry a con-
26       cealed firearm, for the purpose of safety and emergency identification,
27       may carry a firearm permit badge of a design approved by the firearms
28       and training review board. Such badge shall be silver in color and
29       shall clearly state on such badge's face ``licensed private detec-
30       tive.'' The attorney general shall develop a prototype badge which
31       shall be used in substantially that form. Cost of the badge shall be
32       borne by the licensee. Any misuse of this badge shall result in adminis-
33       trative proceedings for both the firearms permit and private detective
34       licenses. Upon final disposition, the attorney general may recommend that
35       criminal action be taken for misuse of the badge on the basis of imper-
36       sonation of a law enforcement officer.
37           (g) (j) No firearm permit shall be issued to any:
38           (1) Organization;
39           (2) individual who is impaired by reason of mental condition, defi-
40       ciency or disease or an individual who has been declared, by any court of
41       competent jurisdiction, to be incapacitated or mentally ill and has not
42       been restored to capacity, competency or mental health; or
43           (3) individual who suffers from alcohol or narcotics evidences addic-

HB 2487--Am.

18

  1       tion to, abuse of or dependence on alcohol or a controlled substance as
  2       defined in K.S.A. 65-1101, and amendments thereto.
  3           (k) The attorney general may issue a firearm permit for the carrying
  4       of shotguns or pistol-caliber carbines by private detectives.
  5           (l) A firearm permit issued under this act shall expire on December
  6       31 of the year of its issuance.
  7           (m) Each firearm permit holder must comply with firearm training
  8       requirements of subsection (a)(2) of K.S.A. 75-7b17, and amendments
  9       thereto, annually. Qualification shall be by type of firearm and type of
10       firearm action. Changes of firearms or additional firearms of the same
11       type and action shall require additional qualification only if deemed nec-
12       essary by the certified firearm instructor.
13           Sec. 18. K.S.A. 75-7b18 is hereby amended to read as follows: 75-
14       7b18. (a) The licensing and regulation of private detectives and, private
15       detective agencies and private detective firearm permits shall be under
16       the exclusive jurisdiction and control of the attorney general, as provided
17       by this act, and no city may adopt any ordinance which provides for the
18       licensing or regulation of private detectives or, private detective agencies
19       or private detective firearm permits. Any such ordinance which is so
20       adopted, or which has been adopted on or before the effective date of
21       this act, is hereby declared null and void.
22           (b) The attorney general shall adopt such rules and regulations as may
23       be necessary to carry out the provisions of any section of this act, but
24       shall not promulgate or implement any rule or regulation that infringes
25       upon or is in conflict with a licensee's or applicant's rights to due process
26       and equal protection under the law as provided under the Kansas and
27       United States constitutions, the Kansas and United States bill of rights,
28       and amendments thereto.
29           (c) All rules and regulations pertaining to private detectives, K.A.R.
30       Agency 16, Articles 2 through 6, which are in force on July 1, 1997, are
31       hereby revoked.
32           Sec. 19. K.S.A. 75-7b19 is hereby amended to read as follows: 75-
33       7b19. Any person who is convicted by a court of competent jurisdiction
34       of knowingly falsifies falsifying the fingerprints or photographs required
35       to be submitted under this act or of altering the appearance of any license
36       issued under this act shall be guilty of a class E severity level 10, nonper-
37       son felony; and any person who violates is convicted by a court of com-
38       petent jurisdiction of violating any of the other provisions of this act shall
39       be guilty of a class A nonperson misdemeanor.
40           Sec. 20. K.S.A. 75-7b20 is hereby amended to read as follows: 75-
41       7b20. (a) The attorney general shall require as a condition of licensure as
42       a private detective that the applicant or, if the applicant is an organization,
43       any of its officers, directors, partners or associates:

HB 2487--Am.

19

  1           (1) Pass owners that are actively performing or supervising the de-
  2       tective business shall successfully pass a written examination as evidence
  3       of knowledge of detective business; and
  4           (2) submit to an oral interview with the attorney general or the at-
  5       torney general's designee the private detective licensing statute and the
  6       rules and regulations pertaining to private detectives.
  7           (b) The attorney general shall conduct a complete investigation of the
  8       background of each new applicant for licensure as a private detective or,
  9       if the applicant is an organization, of each of the applicant's officers, di-
10       rectors, partners or associates owners, to determine whether the applicant
11       is qualified for licensure under K.S.A. 75-7b04 and amendments thereto
12       provided that those individuals are actively involved in the detective busi-
13       ness of the private detective agency.
14           (c) Any individual or organization holding a current valid private
15       detective license on the effective date of this act shall continue in force
16       until the expiration of such license, unless the license is first suspended or
17       revoked.
18           Sec. 21. K.S.A. 75-7b21 is hereby amended to read as follows: 75-
19       7b21. (a) The attorney general shall certify persons who are qualified to
20       train private detectives in the handling of firearms and the lawful use of
21       force.
22           (b) In order to be certified as a trainer under this section, a trainer
23       or, if a trainer is an organization, each officer, director, partner or asso-
24       ciate shall meet the following qualifications:
25           (1) Is Be 21 or more years of age;
26           (2) has have a minimum of one-year supervisory experience with a
27       private detective agency, a private patrol operator, a proprietary investi-
28       gative or security organization or any federal, United States military, state,
29       county or city law enforcement agency; and
30           (3) is be personally qualified to train private detectives in the handling
31       of firearms and the lawful use of force.
32           (c) Persons wishing to become certified trainers shall make applica-
33       tion to the attorney general on a form prescribed by the attorney general
34       and accompanied by a fee of $25. The application shall contain a state-
35       ment of the plan of operation of for the training offered by the applicant
36       and a listing of the materials and aids to be used and any other information
37       required by the attorney general.
38           (d) A certificate shall be granted to a trainer if the attorney general
39       finds that the applicant or, if the applicant is an organization, each officer,
40       director, partner or associate:
41           (1) Meets the requirements of subsection (b);
42           (2) is a person of good character and reputation licensed private de-
43       tective;

HB 2487--Am.

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  1           (3) has sufficient knowledge of private detective business, firearms
  2       training and the lawful use of force to be a suitable person to train private
  3       detectives;
  4           (4) has supplied all required information to the attorney general; and
  5           (5) has paid the required fee.
  6           (e) The certificate issued pursuant to this section shall expire on De-
  7       cember 31 of the year in which issued and shall be renewable annually
  8       upon application and payment of an annual fee of $25.
  9           Sec. 22. K.S.A. 75-7b01, 75-7b02, 75-7b03, 75-7b04, 75-7b05, 75-
10       7b06, 75-7b07, 75-7b08, 75-7b09, 75-7b10, 75-7b11, 75-7b13, 75-7b14,
11       75-7b15, 75-7b16, 75-7b17, 75-7b18, 75-7b19, 75-7b20 and 75-7b21 are
12       hereby repealed.
13           Sec. 23. This act shall take effect and be in force from and after its
14       publication in the statute book.
15      
16