Session of 2000
SENATE BILL No. 584
By Committee on Judiciary
2-7
9 AN ACT
concerning private investigative and security operations; con-
10 tingency fees;
continuing education; amending K.S.A. 75-7b18 and
11 K.S.A. 1999 Supp.
75-7b07 and 75-7b08 and repealing the existing
12 sections.
13
14 Be it enacted by the Legislature of the
State of Kansas:
15 Section
1. K.S.A. 1999 Supp. 75-7b07 is hereby amended to read as
16 follows: 75-7b07. (a) Any license issued
under this act shall expire on
17 December 31 of the year of its issuance.
On and after January 1, 1999,
18 Any license issued under this act shall
expire on December 31 of the year
19 following the year when issued and may be
renewed every two years
20 thereafter. Renewal of any such license
shall be made in the manner
21 prescribed for obtaining an original
license, including payment of the
22 appropriate fee required by K.S.A. 75-7b05,
and amendments thereto,
23 except that:
24 (1) The signing
of the application by five or more citizens as required
25 by K.S.A. 75-7b04, and amendments thereto,
shall not be required if such
26 application for renewal is verified and
acknowledged by the applicant
27 before an officer authorized to administer
oaths;
28 (2) the
application for renewal shall provide the information required
29 of original applicants if the information
shown on the original application
30 or any renewal thereof on file with the
attorney general is no longer
31 accurate;
32 (3) a new
photograph shall be submitted with the application for re-
33 newal only if the photograph on file with
the attorney general has been
34 on file more than two years;
and
35 (4) the
application for renewal shall provide information
indicating
36 that the applicant has met the
requirements of section 4, and amendments
37 thereto, related to continuing
education; and
38
(5) additional information may be required by rules and
regulations
39 adopted by the attorney general.
40 (b) A
license issued under this act shall not be assignable.
41 Sec.
2. K.S.A. 1999 Supp. 75-7b08 is hereby amended to read as
42 follows: 75-7b08. (a) Any licensee or
individual who is an officer, director,
43 partner or associate thereof shall notify
the appropriate law enforcement
2
1 agency with jurisdiction over the
matter of any information the licensee
2 or individual may acquire as to any
criminal offense. The licensee or
3 individual shall not disclose to any
other person, except as the licensee or
4 individual may be required by law so
to do, any information acquired by
5 the licensee or individual except at
the direction of the employer or client
6 for whom the information was
obtained.
7 (b) No
licensee or individual who is an officer, director, partner,
as-
8 sociate or employee thereof
shall:
9
(1) Knowingly make any false report to the licensee's or
individual's
10 employer or client for whom information was
being obtained;
11 (2) cause any
written report to be submitted to a client except by the
12 licensee or a designee of the licensee, and
the person submitting the
13 report shall exercise diligence in
ascertaining whether or not the facts and
14 information in such report are true and
correct;
15
(3) furnish or perform any services on a contingent or
percentage
16 basis, or make or enter into any
agreement for furnishing services of any
17 kind or character, by the terms or
conditions of which agreement the
18 compensation to be paid for such
services to the licensee is partially or
19 wholly contingent, or based upon a
percentage of the amount of money
20 or property recovered, or dependent
in any way upon the result achieved;
21
(4) use a badge in connection with the activities of
the licensee's busi-
22 ness other than a firearm permit badge
authorized by this act;
23 (5)
(4) use a title, wear a uniform, use an insignia or an
identification
24 card or make any statement with the intent
to give an impression that the
25 licensee or individual is connected in any
way with the federal govern-
26 ment, a state government or any political
subdivision of a state
27 government;
28 (6)
(5) use an alias in connection with the activities of
the licensee's
29 business;
30 (7)
(6) enter any private building or portion thereof
without the con-
31 sent of the owner or of the person in legal
possession thereof;
32 (8)
(7) appear as an assignee party in any proceeding
involving claim
33 and delivery, replevin or other possessory
action, action to foreclose a
34 chattel mortgage, mechanic's lien,
materialman's lien, or any other lien;
35 (9)
(8) permit an unlicensed employee or agent in the
employee's or
36 agent's own name to advertise, engage
clients, furnish reports or present
37 bills to clients, or in any manner whatever
conduct business for which a
38 license is required under this act or
conduct business of the licensee other
39 than in the name of and under the control
of the licensee; or
40 (10)
(9) manufacture or produce any false evidence.
41 Sec.
3. K.S.A. 75-7b18 is hereby amended to read as follows:
75-
42 7b18. (a) The licensing and regulation of
private detectives and private
43 detective agencies shall be under the
exclusive jurisdiction and control of
3
1 the attorney general, as provided by
this act, and no city may adopt any
2 ordinance which provides for the
licensing or regulation of private detec-
3 tives or private detective agencies.
Any such ordinance which is so
4 adopted, or which has been adopted on
or before the effective date of
5 this act, is hereby declared null and
void.
6 (b) The
attorney general shall adopt rules and regulations as to
the
7 continuing education requirements
of section 4, and amendments thereto.
8 The attorney general shall certify
programs for continuing education
9 sponsored by schools or
organizations pursuant to section 4, and amend-
10 ments thereto.
11 (c) The
attorney general shall adopt such rules and regulations as may
12 be necessary to carry out the provisions of
this act.
13 New Sec.
4. As a requirement for renewal of a license by an
applicant
14 as a private detective, each licensee shall
complete at least 16 hours of
15 continuing education in private
investigative and security operations dur-
16 ing the preceding year. To be counted in
the required hours, such con-
17 tinuing education shall be completed at
programs sponsored by schools
18 and organizations certified by the attorney
general as provided in K.S.A.
19 75-7b18, and amendments thereto. Each
licensee shall submit such proof
20 as required by the attorney general to show
satisfactory completion of
21 such continuing education. The provisions
of this section shall be part of
22 and supplemental to the provisions of
K.S.A. 75-7b01 et seq., and amend-
23 ments thereto.
24 Sec. 5. K.S.A. 75-7b18 and
K.S.A. 1999 Supp. 75-7b07 and 75-7b08
25 are hereby repealed.
26 Sec. 6. This act shall
take effect and be in force from and after its
27 publication in the statute book.