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AN ACT concerning private security, armored courier and alarm systems
  companies and their employees; requiring their licensing and regula-
  tion providing for a regulatory board under the office of the attorney
  general; relating to the powers, duties, jurisdiction and authority
  thereof.
Be it enacted by the Legislature of the State of Kansas:
  Section 1.  As used in this act:
  (a)  ``Board'' means the Kansas private security licensing board estab-
lished under the provisions of section 2;
  (b)  ``armored courier company'' means any person or organization
that provides armed security transportation and protection, from one
place or point to another place or point, of money, currency, coin, ne-
gotiable instrument, securities, bonds, bullion, bank deposits and trans-
fers of funds, food stamps or any other form of valuables;
  (c)  ``private security company'' means any person or organization en-
gaging in the business of or undertaking to provide private security offi-
cers or street patrol service on a contractual basis for another person or
organization;
  (d)  ``alarm systems company'' means, any person or organization
which for a fee or other valuable consideration installs, services, performs
a survey of the premises to be protected, monitors, or responds to elec-
trical, electronic, or mechanical alarm signal devices, burglar alarms, tel-
evision cameras or still cameras used to manually or automatically signal
or detect burglary, fire, breaking or entering, shoplifting, pilferage, theft
or hold-up;
  (e)  ``armored courier officer'' means any individual employed by a
armored courier company operating in or out of an armored vehicle;
  (f)  ``private security officer'' means, any individual employed by a pri-
vate security company to perform the duties of a security guard, security
watchman or security patrolman;
  (g)  ``alarm systems agent'' means, any individual employed by an
alarm systems company who performs one or more services as described
in subsection (d) of this section;
  (h)  ``security services contractor'' means, any private security com-
pany, armored courier company or alarm systems company;
  (i)  ``firearm'' means, as defined in the Merriam-Webster's Collegiate
Dictionary, a weapon from which a shot is discharged by gunpowder;
  (j)  ``law enforcement officer'' means a person as defined by subsec-
tion (10) of K.S.A. 21-3110 and subsection (13) of K.S.A. 22-2202 and
amendments thereto;
  (k)  ``officer license'' means the document which is issued, in accor-
dance with this act and the rules and regulations promulgated hereunder,
by the board to a private security officer or armored courier officer li-
censee and, which may thereafter, be revoked by the board;
  (l)  ``agent license'' means the document which is issued, in accor-
dance with this act and the rules and regulations promulgated hereunder,
by the board to a alarm systems agent licensee and, which may thereafter,
be revoked by the board;
  (m)  ``company license'' means the document which is issued, in ac-
cordance with this act and the rules and regulations promulgated here-
under, by the board to a security service contractor licensee and, which
may thereafter, be revoked by the board;
  (n)  ``license'' means, officer license, agent license or company license
as used hereunder;
  (o)  ``licensee'' means any person or organization to whom a license is
granted under this section or pursuant to this act;
  (p)  ``person'' means an individual person or business entity;
  (q)  ``temporary license'' means a limited license to be issued by the
board to a new employee of a security services contractor which shall
satisfy minimal review as established by the board. A temporary license
shall automatically expire 60 calendar days after issuance;
  (r)  ``weapon'' means any instrument, except a firearm, used as a pro-
tective device, such as a leather pocket baton or slapper, aerosol tear gas
dispenser, wood baton or night stick, knife or handcuffs.
  Sec. 2.  (a) The following are exempt from the provisions of this act:
  (1)  A person employed exclusively and regularly by one employer,
not a security service contractor, in connection with the affairs of that
employer only and where there exists an employer-employee relationship;
  (2)  an officer or employee of the United States, of this State, or of a
political subdivision of either, while the employee or officer is engaged
in the performance of official duties;
  (3)  a person engaged exclusively in the business of obtaining and fur-
nishing information for the purposes of credit worthiness or collecting
debts or ascertaining the financial responsibility of applicants for property
insurance and for indemnity or surety bonds, with respect to persons,
firms and corporations;
  (4)  a person who or business which sells or manufactures alarm sys-
tems, unless such person or business performs any services as described
in subsection (d) of section 1;
  (5)  installation, servicing or responding to fire alarm systems or any
alarm device which is installed in a motor vehicle, aircraft or boat;
  (6)  installation of an alarm system on property owned by or leased to
the installer;
  (7)  installation of a fire alarm system by a person or organization not
employed by a licensee under this chapter who holds an electrical con-
tractor's license in the state of Kansas when the installation is directed,
inspected, and certified by a person or organization licensed under this
act as an alarm system company.
  (b)  A private business, which is not a security service contractor as
defined herein, shall not be required to make application to the board
for any license under this act. Although under the provisions of this act,
if a private business hires or employs an individual in the capacity of a
private security officer to possess a firearm in the course and scope of
their duties the employee is required to make application for a officer
license according to the provisions of the board.
  Sec. 3.  It shall be unlawful for any person or organization to act as a
security services contractor, as defined herein, unless such person has
obtained and maintains a current license from the Kansas private security
licensing board in accordance with this act and rules and regulations
promulgated hereunder and each employee, as defined herein, of such
company shall also have obtained and maintains a current license from
the Kansas private security licensing board in accordance with this act.
The board may establish rules and regulations for the issuance of a tem-
porary license.
  Sec. 4.  There is hereby established in the executive department un-
der the jurisdiction of the attorney general the Kansas private security
licensing board, consisting of seven members as follows:
  (a)  One citizen who is not licensed under this act and who is not
employed by the same person as any other member of the board, selected
from the Kansas population at large, appointed by the attorney general
as provided in K.S.A. 75-4315b and amendments thereto.
  (b)  Two members who are licensed under this act, who have been
engaged for a period of five consecutive years in operating a private se-
curity company and who are not employed by the same person as any
other member of the board, selected from nominations by the private
security industry at large, appointed by the attorney general as provided
in K.S.A. 75-4315b and amendments thereto.
  (c)  One member who is licensed under this act, who has been en-
gaged for a period of five consecutive years in operating an armored
courier company and who is not employed by the same person as any
other member of the board, selected from nominations by the armored
courier industry at large, appointed by the attorney general as provided
in K.S.A. 75-4315b and amendments thereto.
  (d)  One member in business or an educator who has been engaged
for a period of five consecutive years with contract security services re-
sponsibilities or instruction that does not hold a license under this act,
and who is not employed by the same person as any other member of
the board, selected from nominations by any Kansas chapter of the Amer-
ican Society for Industrial Security, appointed by the attorney general as
provided in K.S.A. 75-4315b and amendments thereto.
  (e)  One member who is licensed under this act, who has been en-
gaged for a period of five consecutive years in operating an alarm systems
company and who is not employed by the same person as any other mem-
ber of the board, selected from nominations by the alarm systems industry
at large, appointed by the attorney general as provided in K.S.A. 75-4315b
and amendments thereto.
  (f)  The attorney general shall appoint and designate a member of the
board who is regularly admitted to practice law in this state to serve as
chairperson at the pleasure of the attorney general.
  Sec. 5.  (a) Each member of the board shall be appointed for a term
of three years and shall hold office, unless removed by the attorney gen-
eral, until a successor is appointed and qualified.
  (b)  Upon the expiration of any term of office of any member, the
attorney general shall appoint a qualified successor pursuant to the
requirements of this act.
  (c)  In case of a vacancy on the board prior to the expiration of a term,
the attorney general shall appoint a successor of like qualifications to fill
the unexpired term.
  (d)  Any member who fails to attend two or more consecutive meet-
ings of the board without reasonable cause may be removed by the at-
torney general.
  (e)  Members of the board shall receive compensation, subsistence
allowances, mileage and expenses as provided by K.S.A. 75-3223 and
amendments thereto.
  Sec. 6.  In addition to the powers and duties specified elsewhere in
this act, the board shall have the following powers and duties:
  (a)  To establish and maintain an office within this state, to hire and
assign employees as necessary and to prescribe their duties and compen-
sation, all within the limitations and conditions of appropriations made
therefor;
  (b)  to adopt rules and regulations pertaining to the organization of
the board, the general method and course of operation of the board;
  (c)  to adopt rules and regulations to carry out the provisions of this
act, including rules and regulations pertaining to the process of obtaining
a license, qualification of applicants for license, authority of licensee,
training of licensee, insurance requirements, identification of licensee,
qualifications and training for firearms and weapons permits, complaints
against licensee, limitations on or suspension or revocation of a license.
To impose civil penalties for violation of this act or rules and regulations
thereunder in an amount not to exceed $2,000 per violation. Rules and
regulations adopted by the board shall be statements of general applica-
bility which implement, interpret or prescribe policy, or describe the pro-
cedure or practice requirements of the board;
  (d)  to prescribe forms on which applications for license shall be made;
  (e)  to establish and levy a license fee upon each applicant for a license
pursuant to this act, which fee shall not exceed $350 annually for any
single company license or $50 annually for any individual officer or agent
license and which shall be dedicated to the support of the board and the
implementation and enforcement of this act;
  (f)  to hear and determine all matters relating to complaints and li-
cense revocation and the power to investigate or reopen claims without
regard to statutes of limitation or periods of prescription;
  (g)  to request investigations and data from county and district attor-
neys and law enforcement officers;
  (h)  to subpoena witnesses and other prospective evidence, administer
oaths or affirmations, conduct hearings and receive relevant, nonprivile-
ged evidence and to enter orders, decisions and opinions pertaining to
applicants for license and all matters relating to a license permitted by
this act;
  (i)  to take notice of judicially recognizable facts and general, technical
and scientific facts within their specialized knowledge; and
  (j)  to make available for public inspection all rules and regulations,
written statements of policy, interpretations formulated, adopted or used
by the board in discharging its functions and decisions and opinions of
the board.
  Sec. 7.  (a) The licensing and regulation of security service contrac-
tors shall be under the exclusive jurisdiction and control of the board, as
provided by this act.
  (b)  The licensees under the provision of this act, shall not be required
to obtain any authorization, permit, franchise or license from, or pay an-
other fee or franchise tax to, or post bond in, any city, county or other
political subdivision of this state to engage in the business or perform any
service authorized under this act. Any such ordinance which has been
adopted on or before the effective date of this act, is hereby declared null
and void.
  (c)  However, any city, county or other political subdivision of this
state shall be permitted to require a business operating within its juris-
diction to register without fee and may adopt an ordinance to require
users of alarm systems to obtain revocable permits without fee.
  Sec. 8.  A final decision of the board shall be subject to judicial review
in accordance with the act for judicial review and civil enforcement of
agency action, K.S.A. 77-601 et seq. and amendments thereto.
  Sec. 9.  (a) The board shall prepare an annual report to the attorney
general of its activities. The report shall include the names of all current
licensees and actions taken with regard to the granting and revocation of
licenses.
  (b)  All legal process and all documents required by law to be served
upon or filed with the board shall be served or filed with the attorney
general at the designated office of the board.
  (c)  All official records of the board or affidavits by the attorney gen-
eral as to the contents of the records shall be prima facie evidence of all
matters required to be kept by the board.
  Sec. 10.  A licensee under this act shall not:
  (a)  Engage in any activity which would impede or hinder law enforce-
ment officers in the discharge of their commissioned law enforcement
responsibilities;
  (b)  carry a firearm or weapon without a current firearm's permit is-
sued pursuant to the rules and regulations of the board or other rules and
regulations pertaining to licensing of persons authorized to carry firearms;
and
  (c)  engage in any activity, based upon a license granted pursuant to
this act, without current insurance coverage prescribed pursuant to the
rules and regulations of the board.
  Sec. 11.  (a) Any person or organization who willfully violates any pro-
vision of this act is guilty of a class ``A'' misdemeanor; and
  (b)  no person shall threaten, intimidate, or attempt to unlawfully in-
fluence any member of the board, while the board member is engaged
in the duties of the board. Violations of this subsection shall constitute a
class ``A'' misdemeanor.
  Sec. 12.  A license issued by the board pursuant to this act shall expire
one year from the date of issuance. Prior to expiration any licensee shall
make application for renewal of such license. A license issued by the board
may not be assigned.
  Sec. 13.  Each application for an original license under this act shall
be accompanied by a nonrefundable fee as established by the rules and
regulations of the board and each application for renewal of a license shall
be accompanied by a nonrefundable fee as established by the rules and
regulations of the board. The application fees shall be used to implement
this act.
  Sec. 14.  (a) It is the intent of this act that the cost of investigation
and licensing of security service contractors and all other licensees as
authorized by this act, as amended, or its successor, to be borne by the
individuals and agencies so licensed.
  (b)  To assure that such intent is carried out, the expenditure for per-
sonal services and operating expenses associated with investigating and
licensing of security service contractors and all other licensees as author-
ized by this act, is required to be no more than the aggregate, during any
one fiscal year, of the amount deposited into the Kansas private security
licensing board account from annual license, registration and application
fees of such individuals and agencies. Cost related to assessment and
enforcement of civil fines shall be credited to the Kansas private security
licensing board account from all moneys received that are civil fines and
the balance shall be credited to the state general fund.
  (c)  In order to provide sufficient revenues to carry out the duties and
functions prescribed by this act, the board is authorized to levy fees for
licenses as authorized by this act in such amounts as may be deemed
necessary and proper by the board, notwithstanding any provision of this
act which may be to the contrary.
  Sec. 15.  All persons covered by the provisions of this act shall comply
with the provisions of this act on or before January 1, 1998.
  Sec. 16.  This act shall take effect and be in force from and after its
publication in the statute book.