SENATE BILL No. 234

      An Act concerning licensure and regulation of private detectives and private detective
      agencies; amending K.S.A. 75-7b01, 75-7b03, 75-7b04, 75-7b05, 75-7b06, 75-7b07,
      7b-7b08, 75-7b10, 75-7b11, 75-7b13, 75-7b15, 75-7b17 and 75-7b21 and repealing the
      existing sections; also repealing K.S.A. 75-7b14 and 75-7b16.

Be it enacted by the Legislature of the State of Kansas:

    Section 1. K.S.A. 75-7b01 is hereby amended to read as follows:
75-7b01. As used in this act:

    (a) ``Detective business'' means the furnishing of, making of or agree-
ing to make any investigation for the purpose of obtaining information
with reference to:

    (1) Crime or wrongs done or threatened against the United States or
any state or territory of the United States, or any political subdivision
thereof when furnished or made by persons other than law enforcement
officers;

    (2) the identity, habits, conduct, business, occupation, honesty, in-
tegrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity,
movement, whereabouts, affiliations, associations, transactions, acts, rep-
utation or character of any person;

    (3) the location, disposition or recovery of lost or stolen property;

    (4) the cause or responsibility for fires, libels, losses, frauds, accidents
or damage or injury to persons or to property; or

    (5) securing evidence to be used before any court, board, officer or
investigating committee.

    (b) ``Private detective'' means any person who, for any consideration
whatsoever, engages in detective business.

    (c) ``Private detective agency'' means a person who regularly employs
any other person, other than an organization, to engage in detective busi-
ness.

    (d) ``Private patrol operator'' means a person who, for any consider-
ation whatsoever, agrees to furnish or furnishes a watchman, guard, pa-
trolman or other person to protect persons or property or to prevent the
theft, unlawful taking, loss, embezzlement, misappropriation or conceal-
ment of any goods, wares, merchandise, money, bonds, stocks, notes,
documents, papers or property of any kind, or performs the service of
such watchman, guard, patrolman or other person for any such purposes.

    (e) ``Law enforcement officer'' means a law enforcement officer as
defined by K.S.A. 21-3110, and amendments thereto.

    (f) ``Organization'' means a corporation, trust, estate, partnership, co-
operative or association.

    (g) ``Person'' means an individual or organization.

    (h) ``Firearm permit'' means a permit for the limited authority to
carry a firearm concealed on or about the person by one licensed as a
private detective.

    (i) ``Firearm'' means:

    (1) A pistol or revolver which is designed to be fired by the use of a
single hand and which is designed to fire or capable of firing fixed car-
tridge ammunition; or

    (2) any other weapon which will or is designed to expel a projectile
by the action of an explosive and which is designed to be fired by the use
of a single hand.

    (j) ``Client'' means any person who engages the services of a private
detective.

    (k) ``Dishonesty or fraud'' means, in addition to other acts not spe-
cifically enumerated herein:

    (1) Knowingly making a false statement relating to evidence or infor-
mation obtained in the course of employment, or knowingly publishing a
slander or a libel in the course of business;

    (2) using illegal means in the collection or attempted collection of a
debt or obligation;

    (3) manufacturing or producing any false evidence; and

    (4) acceptance of employment adverse to a client or former client re-
lating to a matter with respect to which the licensee has obtained confi-
dential information by reason of or in the course of the licensee's employ-
ment by such client or former client.

    Sec. 2. K.S.A. 75-7b03 is hereby amended to read as follows: 75-
7b03. The following persons shall not be deemed to be engaging in de-
tective business:

    (a) A person employed exclusively and regularly by one employer in
connection only with the internal affairs or investigations of such em-
ployer and where there exists an employer-employee relationship;

    (b) any officer or employee of the United States, or of this state or a
political subdivision thereof while engaged in the performance of the
officer's or employee's official duties;

    (c) a person engaged exclusively in the business of obtaining and fur-
nishing information as to the financial rating of persons except that this
exemption does not include a person preparing an investigative consumer
report as defined by K.S.A. 50-702, and amendments thereto;

    (d) a charitable philanthropic society or association duly incorporated
under the laws of this state which is organized and maintained for the
public good and not for private profit;

    (e) an attorney performing duties as an attorney or a person employed
exclusively and regularly by an attorney or law firm performing duties
exclusively on behalf of the attorney or law firm;

    (f) a licensed collection agency or an employee thereof while acting
within the scope of employment, while making an investigation incidental
to the business of the agency, including an investigation of the location
of a debtor or a debtor's property where the contract with an assignor
creditor is for the collection of claims owed or due or asserted to be owed
or due or the equivalent thereof;

    (g) admitted insurers, agents and insurance brokers licensed by the
state, performing duties in connection with insurance transacted by them;

    (h) the legal owner of personal property which has been sold under
a conditional sales agreement or a mortgagee under the terms of a chattel
mortgage in connection with the recovery of such personal property;

    (i) any bank subject to the jurisdiction of the state bank commissioner
of the state of Kansas or the comptroller of currency of the United States;

    (j) a person engaged solely in the business of securing information
about persons or property from public records;

    (k) an insurance adjuster which, for the purpose of this act, means
any person who, for any consideration whatsoever, adjusts or otherwise
participates in the disposal of any claim under or in connection with a
policy of insurance or engages in soliciting insurance adjustment business;
or

    (l) a private patrol operator while actually engaged in providing pri-
vate patrol services on the property to which private patrol services are
being provided; or

    (m) a person engaged in market research.

    Sec. 3. K.S.A. 75-7b04 is hereby amended to read as follows: 75-
7b04. (a) Every person desiring to be licensed in Kansas as a private
detective or private detective agency shall make application therefor to
the attorney general. An application for a license under this act shall be
on a form prescribed by the attorney general and accompanied by the
required application fee. An application shall be verified and shall include:

    (1) The full name and business address of the applicant;

    (2) the name under which the applicant intends to do business;

    (3) a statement as to the general nature of the business in which the
applicant intends to engage;

    (4) a statement as to the classification or classifications under which
the applicant desires to be qualified;

    (5) if the applicant is an organization, the full name and residence
address of each of its partners, officers, directors or associates;

    (6) two recent photographs of the applicant taken within 30 days
before the date of application, of a type prescribed by the attorney general,
and two classifiable sets of the applicant's fingerprints one of which shall
be submitted to the federal bureau of investigation for a fingerprint check
for any criminal history of the applicant;

    (7) a verified statement of the applicant's experience qualifications
employment history; and

    (8) such other information, evidence, statements or documents as
may be required by the attorney general.

    (b) If an applicant is a resident of this state, the application shall be
approved, as to each resident person signing the application, by five or
more reputable citizens of the community in which the applicant resides
or transacts business, or in which the applicant proposes to own, conduct,
manage or maintain the bureau, agency, subagency, office or branch of-
fice for which the license is desired. If an applicant is not a resident of
this state, the application shall be approved, as to each nonresident person
signing the application, by five or more reputable citizens of the com-
munity in which the applicant resides and the certificate of approval shall
be verified and acknowledged by such nonresident citizens before an
officer authorized to take oaths and acknowledgment of deeds.

    Each citizen approving an application shall subscribe and affirm as true,
under the penalties of perjury, that:

    (1) The citizen has personally known the persons signing the appli-
cation for a period of at least five years prior to the filing of the application,
except that the attorney general may lessen such period if the person
signing the application has been honorably discharged from the military
service of the United States within the six-year period immediately pre-
ceding the date application is submitted;

    (2) the citizen has read such application and believes each of the
statements made therein to be true;

    (3) the persons signing the application are honest, of good character
and competent and not related or connected by blood or marriage to the
citizen.

    (b) The application shall be accompanied by a certificate of reference
signed by five or more reputable persons who have known the applicant
for a period of at least 5 years. The certificate of reference shall be verified
and acknowledged by such persons before an officer authorized to take
oaths and acknowledgment of deeds.

    Each person signing the certificate of reference shall subscribe and af-
firm as true, under the penalties of perjury, that:

    (1) The person has known the applicant personally for a period of at
least five years prior to the filing of the application. The attorney general
may lessen such period if the applicant has been discharged honorably
from the military service of the United States within the six-year period
immediately preceding the date the application is submitted;

    (2) the person has read such application and believes each of the
statements made therein to be true;

    (3) the applicant is honest, of good character and competent and not
related or connected by blood or marriage to such person.

    (c) Before an application for a license may be granted, the applicant
or, if the applicant is an organization, all of the officers, directors, partners
or associates shall:

    (1) Be at least 21 years of age;

    (2) be a citizen of the United States;

    (3) be of good moral character; and

    (4) comply with such other qualifications as the attorney general
adopts by rules and regulations.

    (d) After a hearing conducted In accordance with the summary pro-
ceedings provisions of the Kansas administrative procedure act, the at-
torney general may deny a license unless the applicant makes a showing
satisfactory to the attorney general that the applicant or, if the applicant
is an organization, that each of its officers, directors, partners or associates
has not if the applicant has:

    (1) Committed any act which, if committed by a licensee, would be
grounds for the suspension or revocation of a license under this act;

    (2) committed any act constituting dishonesty or fraud;

    (3) a bad moral character or a bad reputation for truth, honesty, and
integrity;

    (4) been convicted of a felony or, within 10 years immediately prior
to the date of application, been convicted of any crime involving moral
turpitude, dishonesty, vehicular homicide, assault, battery, assault of a
law enforcement officer, misdemeanor battery against a law enforcement
officer, criminal restraint, sexual battery, endangering a child, intimida-
tion of a witness or victim or illegally using, carrying, or possessing a
dangerous weapon within 10 years immediately prior to the date of ap-
plication;

    (5) been refused a license under this act or had a license suspended
or revoked in this state or in any other jurisdiction or had a license cen-
sured, limited or conditioned two or more times in this state or in any
other jurisdiction;

    (6) been an officer, director, partner, or associate or manager of any
person who has been refused a license under this act or whose license
has been suspended or revoked in this state or in any other jurisdiction
or had a license censured, limited or conditioned two or more times in
this state or in any other jurisdiction;

    (7) while unlicensed, committed or aided and abetted the commis-
sion of any act for which a license is required by this act; or

    (8) knowingly made any false statement in the application.

    (e) The attorney general may charge a fee for initial application forms
and materials in an amount fixed by the attorney general pursuant to
section 14, and amendments thereto. Such fee shall be credited against
the application fee of any person who subsequently submits an applica-
tion.

    Sec. 4. K.S.A. 75-7b05 is hereby amended to read as follows: 75-
7b05. (a) Every application hereunder for an initial or a renewal license
which will be effective on and after January 1, 1999, shall be accompanied
by an annual a fee of $120, except that: in an amount fixed by the attorney
general pursuant to section 14, and amendments thereto. The application
fee for a license issued during calendar year 1998, shall not exceed $120.

    (a) If (b) In addition to the application fee imposed pursuant to
subsection (a), if the applicant is an organization and any of its officers,
directors, partners or associates intends to engage in the business of such
organization as a private detective, such officer, director, partner or as-
sociate shall make a separate application for a license and pay a fee of
$18; in an amount fixed by the attorney general pursuant to section 14,
and amendments thereto.

    (b) if the applicant is an individual who submits a verified statement
by a licensee that the applicant is or will be employed by such licensee,
the license fee for such applicant shall be $18; or

    (c) If a license is issued for a period of less than one year two years,
the fee fees imposed pursuant to this section shall be prorated for the
months, or fraction thereof, for which the license is issued.

    Sec. 5. K.S.A. 75-7b06 is hereby amended to read as follows: 75-
7b06. (a) The license, when issued, shall be in such form as may be
determined by the attorney general and shall include the:

    (1) Name of the licensee;

    (2) name under which the licensee is to operate; and

    (3) number and date of the license.

    (b) The license at all times shall be posted in a conspicuous place in
the principal place of business of the licensee. Upon the issuance of a
license, a pocket card of such size, design and content as determined by
the attorney general shall be issued without charge to each licensee or, if
the licensee is an organization, to each of its officers, directors, partners
or associates. Such card shall be evidence that the licensee is duly licensed
pursuant to this act. When any person licensee to whom a card is issued
terminates such person's position, office or association with the licensee
licensee's activities as a private detective, or such licensee's license has
been suspended or revoked, the card shall be surrendered to the licensee
and, within five days thereafter after such termination, suspension or rev-
ocation, shall be mailed or delivered by the licensee to the attorney gen-
eral for cancellation. Within 30 days after any change of address or of any
change in its officers, directors, partners or associates, a licensee shall
notify the attorney general thereof. The principal place of business may
be at a residence or at a business address, but it shall be the place at
which the licensee maintains a permanent office.

    (c) Applications, on forms prescribed by the attorney general, shall
be submitted by all new officers or partners. The attorney general may
suspend or revoke a license issued under this act if the attorney general
determines that, at the time such person became an officer or partner of
a licensee, such person did not meet the requirements of K.S.A. 75-7b04
and amendments thereto.

    Sec. 6. K.S.A. 75-7b07 is hereby amended to read as follows: 75-
7b07. (a) Any license issued under this act shall expire on December 31
of the year of its issuance. On and after January 1, 1999, any license
issued under this act shall expire on December 31 of the year following
the year when issued and may be renewed every two years thereafter.
Renewal of any such license shall be made in the manner prescribed for
obtaining an original license, including payment of the appropriate fee
required by K.S.A. 75-7b05, and amendments thereto, except that:

    (1) The signing of the application by five or more citizens as required
by K.S.A. 75-7b04, and amendments thereto, shall not be required if such
application for renewal is verified and acknowledged by the applicant
before an officer authorized to administer oaths;

    (2) the application upon renewal need only provide for renewal shall
provide the information required of original applicants if the information
shown on the original application or any renewal thereof on file with the
attorney general is no longer accurate;

    (3) a new photograph shall be submitted with the application for re-
newal only if the photograph on file with the attorney general has been
on file more than two years; and

    (4) additional information may be required by rules and regulations
adopted by the attorney general.

    (b) A licensee shall at all times be legally responsible for the good
conduct of each of the licensee's employees or agents while engaged in
the business of the licensee, and the licensee is legally responsible for any
acts committed by such licensee's employees or agents which are in vio-
lation of this act.

    (c) A license issued under this act shall not be assignable.

    Sec. 7. K.S.A. 75-7b08 is hereby amended to read as follows: 75-
7b08. (a) Any licensee or individual who is an officer, director, partner
or associate thereof shall divulge to the attorney general, any law enforce-
ment officer or county attorney, or his or her representative, any infor-
mation he or she may acquire as to any criminal offense, but he or she
shall not divulge notify the appropriate law enforcement agency with ju-
risdiction over the matter of any information the licensee or individual
may acquire as to any criminal offense. The licensee or individual shall
not disclose to any other person, except as he or she the licensee or in-
dividual may be required by law so to do, any information acquired by
him or her the licensee or individual except at the direction of the em-
ployer or client for whom the information was obtained.

    (b) No licensee or individual who is an officer, director, partner, as-
sociate or employee thereof shall:

    (1) Knowingly make any false report to his or her the licensee's or
individual's employer or client for whom information was being obtained;

    (2) cause any written report to be submitted to a client except by the
licensee or a designee of the licensee, and the person submitting the report
shall exercise diligence in ascertaining whether or not the facts and in-
formation in such report are true and correct;

    (3) furnish or perform any services on a contingent or percentage
basis, or make or enter into any agreement for furnishing services of any
kind or character, by the terms or conditions of which agreement the
compensation to be paid for such services to the licensee is partially or
wholly contingent, or based upon a percentage of the amount of money
or property recovered, or dependent in any way upon the result achieved.;

    (4) use a badge in connection with the activities of the licensee's busi-
ness other than a firearm permit badge authorized by this act;

    (5) use a title, wear a uniform, use an insignia or an identification
card or make any statement with the intent to give an impression that he
or she the licensee or individual is connected in any way with the federal
government, a state government or any political subdivision of a state
government.;

    (6) use an alias in connection with the activities of the licensee's busi-
ness;

    (7) enter any private building or portion thereof without the consent
of the owner or of the person in legal possession thereof;

    (8) appear as an assignee party in any proceeding involving claim and
delivery, replevin or other possessory action, action to foreclose a chattel
mortgage, mechanic's lien, materialman's lien, or any other lien.;

    (9) permit an unlicensed employee or agent in his or her the em-
ployee's or agent's own name to advertise, engage clients, furnish reports
or present bills to clients, or in any manner whatever conduct business
for which a license is required under this act; and all or conduct business
of the licensee shall be conducted other than in the name of and under
the control of the licensee; or

    (10) manufacture or produce any false evidence.

    Sec. 8. K.S.A. 75-7b10 is hereby amended to read as follows: 75-
7b10. Every An advertisement by a licensee soliciting or advertising busi-
ness shall contain his or her name and address as they appear in the
records of the attorney general not contain any false, misleading or de-
ceptive information. A licensee shall not advertise or conduct business
from any location other than that shown on the records of the attorney
general as his or her the licensee's principal place of business unless he
or she the licensee has received a branch office certificate for such location
after compliance with the provisions of this act and such additional
requirements necessary for the protection of the public as the attorney
general may prescribe by regulation rules and regulations. A licensee shall
notify the attorney general in writing within ten (10) 10 days after closing
or changing the location of a branch office.

    Sec. 9. K.S.A. 75-7b11 is hereby amended to read as follows: 75-
7b11. (a) Except as provided in subsection (b), no license shall be issued
under this act unless the applicant: (1) Files with the attorney general a
corporate surety bond executed by a company authorized to do business
in this state in the sum of $10,000, or an amount of $100,000 or more;
(2) files with the attorney general a certificate of insurance showing that
the applicant has general liability insurance providing coverage in an
amount of $100,000 or more for bodily injury or property damage caused
by negligence, and errors or omissions, or intentional acts (including as-
sault and battery) and for personal injury caused by libel, slander, false
arrest, false imprisonment, invasion of privacy, wrongful entry, wrongful
eviction or malicious prosecution,; or (3) deposits $10,000 $100,000 or
more in cash with the state treasurer. The bond or return of the deposit
shall be conditioned on the faithful and honest conduct of business by
such the applicant.

    (b) No applicant who is or will be employed by a licensee to engage
in the business of the licensee shall be required to obtain such the bond
or certificate of insurance or make such the deposit provided for by this
section.

    (c) The attorney general shall approve each bond filed under this
section as to form, execution and sufficiency of the sureties. Such bond
shall be taken in the name of the people of this state and may be contin-
uing in nature. The attorney general shall approve any certificate of in-
surance filed under this section as to form, execution and sufficiency of
coverage evidenced thereby.

    (d) Any person injured by any unlawful act of an applicant or an
applicant's employees or agents, whether licensed or not, may bring an
action on the applicant's bond or deposit in such person's own name to
recover damages suffered by reason of such unlawful act.

    Sec. 10. K.S.A. 75-7b13 is hereby amended to read as follows: 75-
7b13. (a) The attorney general may censure, limit, condition, suspend or
revoke a license issued under this act if, after notice and opportunity for
hearing in accordance with the provisions of the Kansas administrative
procedure act, the attorney general determines that the licensee or, if the
licensee is an organization, any of its officers, directors, partners or as-
sociates has:

    (1) Made any false statement or given any false information in con-
nection with an application for a license or a renewal or reinstatement
thereof;

    (2) violated any provisions of this act;

    (3) violated any rule rules and regulations of the attorney general
adopted pursuant to the authority contained in this act;

    (4) been convicted of a felony, vehicular homicide, assault, battery,
assault of a law enforcement officer, misdemeanor battery against a law
enforcement officer, criminal restraint, sexual battery, endangering a
child, intimidation of a witness or victim or any crime involving moral
turpitude or illegally using, carrying, or possessing a dangerous weapon
subsequent to or within ten (10) years prior to the issuance of the license;

    (5) impersonated, or permitted or aided and abetted an employee to
impersonate, a law enforcement officer or employee of the United States
of America, or of any state or political subdivision thereof;

    (6) committed or permitted any employee to commit any act, while
the license was expired, which would be cause for the suspension or
revocation of a license, or grounds for the denial of an application for a
license;

    (7) willfully failed or refused to render to a client services or a report
as agreed between the parties, and for which compensation has been paid
or tendered in accordance with the agreement of the parties;

    (8) committed assault, battery or kidnapping, or used force or vio-
lence on any person without proper justification;

    (9) knowingly violated, or advised, encouraged or assisted the viola-
tion of, any court order or injunction in the course of business as a li-
censee;

    (10) acted as a runner or capper for any attorney; or

    (11) used any letterhead, advertisement or other printed matter, or
in any manner whatever represented that such person is an instrumen-
tality of the federal government, a state or any political subdivision
thereof;

    (12) used false, misleading or deceptive information in any advertise-
ment, solicitation or contract for business;

    (13) has committed any act in the course of the licensee's business
constituting dishonesty or fraud;

    (14) misused a firearm permit badge; or

    (11) (15) committed any act which is a ground for denial of an ap-
plication for a license under this act.

    (b) The record of conviction, or a certified copy thereof, shall be
conclusive evidence of such conviction as that term is used in this section
or in K.S.A. 75-7b04, and amendments thereto, and a plea or verdict of
guilty or a conviction following a plea of nolo contendere is deemed to be
a conviction within the meaning thereof.

    (c) Upon final disposition of the proceedings for a violation relating
to the misuse of a firearm permit badge, the attorney general may bring
an action for violation of K.S.A. 21-3824 or K.S.A. 21-3825, and amend-
ments thereto.

    Sec. 11. K.S.A. 75-7b15 is hereby amended to read as follows: 75-
7b15. (a) Each private detective or detective agency operating as provided
in this act, shall be required to keep a complete record of the business
transactions of such detective or detective agency, and shall retain such
records for at least three years.

    (b) Upon the service of a subpoena order of issued by the attorney
general, or court order of a court of competent jurisdiction which is based
on the complaint, supported by oath or affirmation and particularly de-
scribing the records and reports, any licensed private detective who is the
owner, partner, director, corporate officer or custodian of records of busi-
ness transactions shall give free and full opportunity to inspect the same
and to inspect reports made; but. Any information obtained by the attor-
ney general shall be kept confidential, except as may be necessary to
commence and prosecute any legal proceedings. When any detective or
detective agency requires any report of an agent or employee to be made
verbally, a digest shall be made of such verbal report and this digest,
together with the written reports, shall be kept on file in the office of the
private detective or detective agency. The subpoenas issued by the attor-
ney general to private detective licensees shall comply with any confiden-
tiality standards or legal limitations imposed by privacy acts, fair credit
reporting acts, polygraph acts, judicially-recognized privileged commu-
nications and the bill of rights of both the United States and Kansas con-
stitutions.

    (b) (c) For the purpose of enforcing the provisions of this act, and in
making investigations relating to any violation thereof or to the character,
competency and integrity of the applicants or licensees hereunder, and
for the purpose of investigating the business, business practices and busi-
ness methods of any applicant or licensee, or of the officers, directors,
partners or associates thereof, the attorney general shall have the limited
power to subpoena as heretofore defined, and bring before him or her
the attorney general any person in this state and require the production
of any books, records or papers which he or she the attorney general
deems relevant to the inquiry.

    (d) The attorney general also may administer an oath to and take the
testimony of any person, or cause his or her such person's deposition to
be taken, except that any applicant or licensee or officer, director, partner
or associate thereof shall not be entitled to any fees or mileage.

    (e) A subpoena issued under this section shall be governed by the
code of civil procedure. Any person duly subpoenaed, who fails to obey
such subpoena without reasonable cause or objection or without such
cause refuses to be examined or to answer any legal or pertinent question
as to the character or qualification of such applicant or licensee or such
applicant's or licensee's business, business practices and methods or such
violations, upon conviction by a court of competent jurisdiction shall be
guilty of a class A nonperson misdemeanor.

    (f) The testimony of witnesses in any investigative proceeding shall
be under oath, and willful false swearing in any such proceeding shall be
perjury.

    Sec. 12. K.S.A. 75-7b17 is hereby amended to read as follows: 75-
7b17. (a) No licensee may carry a firearm concealed on or about the
licensee's person unless the licensee obtains a permit therefor, upon ap-
plication to the attorney general. No permit shall be issued to any licensee
unless such licensee:

    (1) Demonstrates to the attorney general the need to carry a firearm
in order to protect the licensee's life or property or to protect the life or
property of a client of licensee and submits such proof as required by the
attorney general to establish the necessity for the issuance of a firearm
permit; and

    (2) has received training in the handling of firearms and the lawful
use of force from a trainer certified pursuant to K.S.A. 75-7b20 75-7b21,
and amendments thereto, and submits such proof as required by the
attorney general to show satisfactory completion of such training.

    (b) An application for a firearm permit which will be effective on and
after January 1, 1999, by a licensee shall be made in the manner and
form prescribed by the attorney general and shall be accompanied by a
fee of $10. Each such in an amount fixed by the attorney general pursuant
to section 14, and amendments thereto. The application fee for a firearm
permit issued during calendar year 1998, shall not exceed $10. Such ap-
plication shall be made a part of and supplemental to such licensee's
application for a license under this act. The application shall contain:

    (1) The applicant's name and business and residence addresses;

    (2) the make or manufacturer's name, model, serial number, caliber,
gauge and any other identifying information concerning the firearm or
firearms to be carried by the applicant;

    (3) a full set of the applicant's fingerprints;

    (4) a color photograph of the applicant taken within 30 days prior to
date of application and suitable for identification purposes;

    (5) such other information as deemed necessary by the attorney gen-
eral.

    (c) (1) If the attorney general is satisfied that it is necessary for an
applicant under this section to carry a firearm, the attorney general shall
issue to such licensee a firearm permit identification card, the form of
which shall be approved by the attorney general. Such card shall bear the
licensee's color photograph, thumb prints and signature and a description
of the firearm or firearms to be carried. Such permit shall be valid only
for the calendar year in which it is issued, and the The licensee shall have
such permit in the licensee's possession when carrying a firearm. Identi-
fication cards and firearm permits shall be numbered consecutively, and
the attorney general shall maintain a current file of all valid firearm per-
mits.

    (2) For the purpose of safety and emergency identification, licensees
issued a firearm permit under this act to carry a concealed firearm may
carry a firearm permit badge. The badge shall be carried in such a manner
that at all times when the badge is visible the private detective's firearm
permit identification card issued pursuant to paragraph (1) of this sub-
section also shall be visible. The attorney general shall determine the size,
design and other specifications of the badge. The words ``licensed private
detective'' shall be stated clearly on the face of the badge. The cost of the
badge shall be borne by the licensee. Whenever any licensee terminates
such licensee's activities as a private detective, or such licensee's license
has been suspended or revoked, such badge shall be surrendered within
five days following such termination, suspension or revocation to the at-
torney general for cancellation. Every licensee possessing a valid firearm
permit badge shall report to the attorney general any loss of the badge
within 72 hours of the discovery of the loss.

    (d) Any licensee granted a firearm permit must shall present the per-
mit identification card and firearm permit badge upon request by a proper
authority, including private persons upon private property law enforce-
ment officer acting within the officer's jurisdictional authority, or by a
private person upon private property if the person owns or has legal
control of the private property, to demonstrate the licensee's permit to
carry a firearm. Every licensee possessing a valid firearm permit shall
report to the attorney general any change of employment status, change
of firearm or firearms to be carried, loss of identification card or change
of personal or business address. Every licensee who discharges a firearm
for any reason other than test firing, firearm training or target practice
shall report the discharge to the attorney general within 24 hours, to-
gether with a written report giving full particulars and reason for such
discharge.

    (e) The attorney general may suspend or shall revoke any firearm
permit for cause if the licensee's private detective license has been sus-
pended or revoked. The attorney general may suspend or revoke any
firearm permit if the licensee has used a firearm in a manner inconsistent
with the lawful use of force or if the licensee can no longer demonstrate
a need to carry a firearm, pursuant to subsection (a)(1). An order of
suspension or revocation, and hearing thereon, shall be subject to the
provisions of the Kansas administrative procedure act. The attorney gen-
eral may shall recall any suspended or revoked firearm permit identifi-
cation card when in the attorney general's opinion the holder thereof no
longer requires such firearm permit.

    (f) A licensee to whom a firearm permit is granted hereunder under
this section shall be deemed to have no greater justification in the use of
force than a private person as prescribed by the Kansas criminal code,
and nothing. Nothing in this act shall be construed as limiting the civil
liability of any such licensee with respect to the use of force.

    (g) No firearm permit shall be issued to any:

    (1) Organization;

    (2) individual who has been declared, by any court of competent ju-
risdiction, to be incapacitated or mentally ill and has not been restored
to capacity or mental health; or

    (3) individual who suffers from alcohol or narcotics addiction or de-
pendence.

    (h) A firearm permit issued under this act shall expire on December
31 of the year of its issuance, except that on and after January 1, 1999, a
firearm permit issued under this act shall expire on December 31 of the
year following the year when issued. Renewal of any such firearm permit
shall be made in a form and manner prescribed by the attorney general
and subject to such conditions as required by rules and regulations
adopted by the attorney general. Renewal of a firearm permit shall be
based on a demonstrated continuing need to carry a firearm in accordance
with subsection (a)(1).

    Sec. 13. K.S.A. 75-7b21 is hereby amended to read as follows: 75-
7b21. (a) The attorney general shall certify persons who are qualified to
train private detectives in the handling of firearms and the lawful use of
force.

    (b) In order to be certified as a trainer under this section, a trainer
or, if a trainer is an organization, each officer, director, partner or asso-
ciate an applicant shall:

    (1) Is Be 21 or more years of age;

    (2) has have a minimum of one-year supervisory experience with a
private detective agency, a private patrol operator, a proprietary investi-
gative or security organization or any federal, United States military, state,
county or city law enforcement agency; and

    (3) is be personally qualified to train private detectives in the handling
of firearms and the lawful use of force.; and

    (4) not have been convicted of a felony or, within 10 years immedi-
ately prior to the date of application, been convicted of a misdemeanor.
If the applicant is not licensed as a private detective, the applicant shall
submit two classifiable sets of the applicant's fingerprints one of which
shall be submitted to the federal bureau of investigation for a fingerprint
check for any criminal history of the applicant.

    (c) Persons wishing to become certified trainers shall make applica-
tion to the attorney general on a form prescribed by the attorney general
and. Applications for a firearm training certificate which will be effective
on and after January 1, 1999, shall be accompanied by a fee of $25 in an
amount fixed by the attorney general pursuant to section 14, and amend-
ments thereto. The fee for a firearm training certificate issued during
calendar year 1998, shall not exceed $25. The application shall contain a
statement of the plan of operation of for the training offered by the ap-
plicant and the materials and aids to be used and any other information
required by the attorney general.

    (d) A certificate shall be granted to a trainer if the attorney general
finds that the applicant or, if the applicant is an organization, each officer,
director, partner or associate:

    (1) Meets the requirements of subsection (b);

    (2) is a person of good character and reputation;

    (3) has sufficient knowledge of private detective business, firearms
training and the lawful use of force to be a suitable person to train private
detectives in the handling of firearms and the lawful use of force;

    (4) has supplied all required information to the attorney general; and

    (5) has paid the required fee.

    (e) The certificate issued pursuant to this section shall expire on De-
cember 31 of the year in which following the year when issued and shall
be renewable annually biennially upon application and payment of an
annual fee of $25 a fee in an amount fixed by the attorney general pur-
suant to section 14, and amendments thereto.

    New Sec. 14. (a) In each fiscal year, the attorney general shall de-
termine the amount of funds which will be required during the next
ensuing fiscal year to properly administer the laws which the attorney
general is directed to enforce and administer relating to the licensure and
regulation of private detectives and private detective agencies. The attor-
ney general, by the adoption of rules and regulations, shall fix fees in
accordance with this section in such reasonable sums as may be necessary
for such purposes.

    (b) After fixing such fees, the attorney general may charge and collect
the fees, in advance for the following purposes, subject to the following
limitations:

For initial application forms and materials, not to exceed	$ 15
For application for licensure, not to exceed	250
For application by an officer, director, partner or associate of an organi-zation, if required to be licensed pursuant to K.S.A. 75-7b05, andamendments thereto, not to exceed	100
For renewal of license, not to exceed	250 175
For renewal of license of an officer, director, partner or associate of anorganization, if required to be licensed by K.S.A. 75-7b05, and amend-ments thereto, not to exceed	100
For application for a firearm permit, not to exceed	50
For renewal of a firearm permit, not to exceed	50
For application for a firearm trainers permit, not to exceed	100
For renewal of a firearm trainers permit, not to exceed	100

    (c) A duplicate license shall be issued upon the filing of a statement
covering the loss of the license and the payment of a fee of $5 for the
issuance of a duplicate license. Each duplicate license shall have the word
``duplicate'' stamped across the face thereof and shall bear the same num-
ber as the original.

    New Sec. 15. The attorney general shall remit all moneys received
from fees or charges imposed pursuant to this act to the state treasurer
at least monthly. Upon receipt, the entire amount shall be deposited in
the state treasury and credited to the private detective fee fund, which is
hereby created. Moneys in the private detective fee fund shall be used
solely for the purpose of administering and implementing K.S.A. 75-7b01
through 75-7b21, and amendments thereto, and any other law relating to
the licensure and regulation of private detectives and private detective
agencies. All expenditures from such fund shall be made in accordance
with appropriation acts upon warrants of the director of accounts and
reports issued pursuant to vouchers approved by the attorney general or
by a person or persons designated by the attorney general.

    Sec. 16. K.S.A. 75-7b01, 75-7b03, 75-7b04, 75-7b05, 75-7b06, 75-
7b07, 75-7b08, 75-7b10, 75-7b11, 75-7b13, 75-7b14, 75-7b15, 75-7b16,
75-7b17 and 75-7b21 are hereby repealed.

    Sec. 17. This act shall take effect and be in force from and after its
publication in the statute book.

I hereby certifiy that the above Bill originated in the
Senate, and passed that body

__________________________________

Senate adopted
Conference Committe Report __________________________________

__________________________________

President of the Senate.

__________________________________

Secretary of the Senate.

Passed the House
as amended __________________________

House adopted
Conference Committee Report __________________________

__________________________________

Speaker of the House.

__________________________________

Chief Clerk of the House.

Approved __________________________

__________________________________

Governor.