Session of 2000
By Committee on Judiciary

  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.
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


  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


  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.