SESSION OF 1998
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2487
As Amended by House Committee on
Federal and State Affairs
The bill would make numerous changes to the statutes under
which private detectives are licensed and regulated. Major
changes are summarized below.
Firearm Training Review Board
- •The bill would create a Firearm Training Review Board that
would consist of all the certified firearm trainers in the state.
The Attorney General's representative would chair the Board.
The Board would have to conduct an annual review of firearm
permit procedures, training requirements, and use of force by
private detectives. In addition to advising the Attorney
General regarding firearm permit rules and regulations,
procedures, and training, the Board could be convened to
conduct reviews of specific instances of the use of deadly
force by licensed detectives. The bill would establish
procedures for reviews of the use of deadly force initiated at
the request of licensed detectives.
New License Categories
- •"Interns," who would be defined as persons who do not meet
certain licensure qualifications and who are preparing to
qualify as a detective, could be granted a conditional license.
Interns would have to be employed by a licensed private
detective agency and be actively training to become qualified.
- •The Attorney General would be authorized to issue a temporary license that would be valid for a maximum of 120 days.
The $20 temporary license fee would have to be credited
toward a new applicant's license fee.
Changes Regarding Who Must Be Licensed
- •The requirement that principals of detective agencies be
individually licensed would no longer apply to associates, but
would apply to owners.
- •Investigations of the cause or responsibility for frauds and
"conducting any polygraph or electronic truth verification
testing" would be included in the definition of detective
business for which a private detective license would be
- The bill would continue existing policy that excludes law
enforcement officers from the licensure requirement.
- •The bill would require persons preparing investigative consumer reports as defined in the Kansas Fair Credit Reporting
Act to have a detective license. A consumer report is defined
in that Act to be any communication by a consumer reporting
agency to be used or collected to establish the consumer's
eligibility for credit or insurance or for other purposes permitted under the Act. The Act defines an investigative consumer report as any communication or portion of a consumer
report in which information on a consumer's character,
general reputation, personal characteristics, or mode of living
has been obtained through personal interviews with neighbors, friends, or associates of the consumer.
- The bill would retain the existing exemption for persons
who exclusively engage in the business of obtaining and
furnishing information about persons' financial ratings.
Changes Regarding Who Would Not Have
to Be Licensed Under the Act
- •"Operatives" utilized by a detective agency or independent
detective for a limited time period or limited purpose would
not have to be licensed. Operatives would be defined to be
persons who are paid to provide information to, work undercover for, or translate for a detective or detective agency.
- •A person licensed in another state or municipality if the
licensee is conducting an investigation that began in the
jurisdiction where the detective is licensed and is only
working in Kansas for less than 72 hours would not have to
- •Persons employed exclusively and regularly by an attorney or
law firm performing duties exclusively on behalf of the
attorney or law firm would not have to be licensed.
- Under current law, attorneys doing work as attorneys do
not have to be licensed as detectives.
- •Private patrol operators would be exempt from the licensure
requirement only while actually engaged in providing private
- •Persons conducting market research would not have to be
licensed under the Act.
- •The bill would clarify that persons who are employed to
investigate the internal affairs of the person's employer do
not have to be licensed under the Act.
Changes to the Application Process
- •Photographs submitted with the application would have to be
taken within 60 days of date of application.
- Under existing law, photographs submitted with applications must be "recent."
- •Two new photographs would have to be submitted with a
- Under existing law, a new photograph is only required with
the renewal application if the previously submitted photographs are over two years old.
- •One of the two sets of fingerprints submitted with a license
application would have to be submitted to the FBI for a
criminal history check.
- Under existing law, two sets of fingerprints must be
submitted with the application, but there is no provision for
submission of fingerprints to the FBI.
- •The bill would require only new applications to include
references, eliminate the distinction between resident and
nonresident applicants, and eliminate the requirement that
references be from persons in the community where the
licensee will engage in the detective business. All applications would have to be approved by five or more "reputable
citizens who have known the applicant for" at least five
years. References would have to be notarized.
New Qualifications for Licensure
- •In order to obtain a license, an applicant would have to be
able to read, write, and comprehend English.
- •A person impaired by reason of mental condition, deficiency
or disease, as determined by a court, could not be licensed
unless the person had been restored to capacity, competency, or mental health.
- •A person dishonorably discharged from the U.S. military could
not be granted a detective license.
- •The bill would repeal the existing provision that permits the
Attorney General to adopt rules and regulations specifying
qualifications that are not enumerated in the statute.
- •Current licenses would be valid until the license expires or is
suspended or revoked.
Pre-licensure Background Check
- •Only new applicants would be subject to a complete background investigation by the Attorney General. Principals of
organization applicants would only be subject to the background check if they would be actively involved in the
- Under existing law, the Attorney General must conduct a
complete background check of all individual applicants and
officers, directors, partners, or associates of organization
applicants to determine whether they meet the statutory
qualifications for licensure.
- •Individual applicants and those principals of organization
applicants who would actively perform or supervise the
detective business would have to pass a written examination.
The subject of the examination would be the private detective
licensing statute and the rules and regulations pertaining to
private detectives. The existing requirement for an oral
interview would be repealed.
- Under existing law, individual applicants and officers,
directors, partners, or associates of organization applicants
must pass a written examination of their knowledge of the
detective business and submit to an oral interview with the
Attorney General or the Attorney General's designee.
Grounds for License Denial
- •Conviction of a felony at any time.
- Under existing law, conviction of a felony would constitute
grounds for license denial only if the conviction was within
ten years of the date of application.
- •Conviction of the following crimes within ten years immediately prior to application: 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, breach of privacy, eavesdropping, criminal trespass,
unlawful deprivation of property, and theft.
- Existing provisions regarding moral turpitude, dishonesty,
and illegally using, carrying, or possessing a dangerous
weapon would continue to be grounds for license denial.
- •A license could not be granted to an applicant whose license
had been limited, censured, or suspended as a result of a
regulatory action in Kansas or another jurisdiction.
- The bill would retain the existing provision that prohibits
granting a license to a person who had been refused a
license or had a license revoked in any jurisdiction.
- •The bill would repeal the exsiting provision that prohibits
granting a license to an individual who had been a principal of
an organization that had its license revoked in Kansas or in
- •An applicant who had knowingly committed or aided and
abetted the commission of any act for which a license is
required could not be licensed.
- Under existing law, an unlicenced person who had committed or aided and abetted in an act for which a license is
required could be denied a detective's license.
New Disciplinary Actions and Procedures
- •The bill would add censure, limitation, or condition of a
license or firearm permit to the disciplinary options available
to the Attorney General.
- •In addition to the procedures of the Kansas Administrative
Procedure Act, the Attorney General's disciplinary hearings
would have to be conducted in accordance with the Firearm
and Training Review Board when applicable.
Grounds for Disciplinary Action
- •The bill would create as new grounds for disciplinary action:
- those crimes that would disqualify a person for initial
- using false, misleading, or deceptive information in any
advertisement, solicitation, or contract for business;
- acting as a decoy or lure for any fraudulent or illegal
- using false, misleading, or deceptive information in an ad,
solicitation, or contract for business; and
- producing false evidence.
- •The bill would repeal, as grounds for disciplinary action:
- willful failure or refusal to render to a client services or a
report as agreed and for which compensation has been
paid or tendered in accordance with the agreement
between the parties,
- acting as a runner or a capper for any attorney; and
- commission of an act that would result in denial of a
Licensees' Responsibility for Employees
- •The bill would specifically exempt licensees from responsibility for employees who act outside the scope of employment
or who act at the direction of a client outside the contractual
obligation of the licensee.
- Under existing law, licensees are legally responsible for
employees' or agents' good behavior while they are
engaged in detective business as well as for the employees' or agents' violations of the Act.
Requirement to Report Criminal Offenses
- •Licensees could, but would not be required to, divulge to the
Attorney General, law enforcement officer, or county attorney, information about criminal offenses. The bill specifically
mentions disclosure under court subpoena or order.
- Under existing law, licensees are required to divulge to the
Attorney General, law enforcement officer, or county
attorney any information the licensee acquires about any
criminal offense. The licensee cannot divulge any information to any other person, unless directed to do so by the
- •A licensee could designate another person to submit written
reports to clients.
- Under existing law, only licensees are able to provide
written reports to clients.
- •Use of an alias would be allowed for covert or undercover
Access to Private Property
- •Entry onto private property that is normally accessible to the
public would be allowed without specific permission of the
owner or person who legally possesses the property.
- Under existing law, access to private property is only
permitted with the consent of the owner or person in legal
possession of the property.
- •Use of a particular name and address would no longer be
required in advertisements, but ads could not contain any
false, misleading, or deceptive information.
Liability Insurance Coverage
- •The amount of general liability insurance would be set at
$10,000 which is equal to the amount of surety bond or cash
deposit required by current law.
- •The bill would repeal the provision that insurance cover
intentional acts and personal injury.
- Under existing law, insurance must cover general liability
for bodily injury or property damage caused by negligence,
error, or omissions, or intentional acts, and personal injury
caused by libel, slander, false arrest, false imprisonment,
invasion of privacy, wrongful entry, wrongful eviction, or
Access to Records
- •Detective agency records would have to be retained for at
least three years.
- •Licensees' records could be accessed only under subpoena or
court order based on a complaint by a U.S. citizen.
- •The bill would repeal the existing requirement that digests of
verbal reports be prepared and that all written reports be
maintained in the agency's office.
- •Subpoenas issued by the Attorney General as part of the
investigation of a complaint specifically would have to comply
with confidentiality standards of privacy acts, fair credit
reporting acts, polygraph acts, privilege, and the Kansas
Constitution and U.S. Constitution.
- •The same limitations on the Attorney General's subpoena
power would apply to investigations undertaken to enforce
Preemption of Firearm Permit Regulation
- •The bill would specify that regulation of firearm permits
would be under the exclusive jurisdiction and control of the
Attorney General and that cities could not adopt ordinances
that address regulation of such permits.
- Under existing law, the preemption language applies to
licensing and regulation of private detectives and private
Qualifications for Obtaining a Firearm Permit
- •The need to carry a firearm would have to be stated rather
- •The Attorney General's authority to request from firearms
permit applicants information not specified in statute would
- •The bill would specifically authorize issuance of permits to
carry concealed shotguns or pistol-caliber carbines in addition
to those firearms currently authorized.
- Under existing law firearms permits authorize detectives to
carry concealed pistols, revolvers capable of firing fixed
cartridge ammunition, or any other weapon that expels a
projectile by the action of an explosive and which is
designed to be operated with one hand.
- •In addition to limitations in existing law, the bill would
prohibit issuance of firearm permits to a person who is
impaired by reason of mental condition, deficiency, or
- Under existing law, a firearm permit cannot be issued to a
person who has been declared by a court to be incapacitated or mentally ill and who has not been restored to
capacity or mental health.
- •Training in the handling of firearms and the lawful use of
force would have to be completed annually.
Firearm Permit and Badge
- •The bill would require that authorization to carry a concealed
firearm be indicated on the private detective license rather
than on a separate identification card.
- •The bill would authorize licensees who have a firearm permit
to use a firearm permit identification badge, but no other
badge could be used.
- Under existing law, private detectives are not allowed to
- •The firearm permit badge would have to be silver and include
the phrase "licensed private detective."
Required Report of Discharge of Firearm
- •The bill would give licensees 72 hours to make an initial
report of the discharge of a firearm to the Attorney General.
A written report would have to be made within 48 hours of
the initial report. Firearms training would be added to test
firing and target practice as exemptions from the reporting
- Under existing law, a written report must be made to the
Attorney General within 24 hours of the discharge of a
firearm for any purpose other than for test firing or target
Disciplinary Action Against a Firearm Permitee
- •Firearm permits would have to be suspended or revoked if the
private detective's license is suspended or revoked.
- •Firearm permits could be censured, limited, conditioned,
suspended, or revoked for the same reasons that those
actions could be taken against a detective license and for
using a firearm inconsistent with the lawful use of force.
- •Misuse of a firearm permit badge would result in administrative proceedings for both the permit and the detective license.
The Attorney General could recommend criminal prosecution
for impersonation of a law enforcement officer.
- •The Attorney General would have to reissue the detective
license of a licensee whose firearm permit has been revoked
or expired. The new license would have to indicate that the
licensee was not permitted to carry a concealed firearm. If a
firearm permit is limited or conditioned, the Attorney General
would be authorized, but not required, to reissue a license
stating the condition or limitation.
- •Only individuals could obtain a firearm trainer certificate.
- Under existing law, an organization can receive a firearm
trainer certificate if all officers, directors, partners, and
associates meet the statutory requirements.
Firearms Trainers' Knowledge Base
- •Firearm trainers would have to be licensed private detectives
with sufficient knowledge of firearms training and the lawful
use of force, in addition to knowledge of the private detective
business, to be a suitable trainer.
- Under existing law, firearm trainers must be of good
character and reputation and have knowledge of the
private detective business.
- •Existing rules and regulations of the Attorney General
regarding private detectives would be revoked.
- •The bill would state that rules and regulations adopted under
the Act could not infringe upon or conflict with a licensee's
or applicant's rights to due process and equal protection.
- •The existing requirement for a branch office certificate would
- •The bill would repeal the existing requirement that detectives'
vehicles be registered in Kansas.
The bill was requested by the Kansas Association of Private
Investigators. Testimony in support of the bill was presented to
the House Committee on Federal and State Affairs by several
representatives of the Association. Written testimony in support
only of the provision that would allow private detectives to use
badges for identification was presented to the Committee by the
Chiefs of Police from Shawnee, Merriam, and Mission.
The bill was opposed by a representative of the Attorney
The House Committee amended the bill to require that firearm
permit badges be silver and include the phrase licensed private
Other bills that would amend the private detective licensing
statutes include S.B. 322 and H.B. 2267.
The fiscal note prepared by the Division of the Budget states
that the Attorney General would need the equivalent of one half-time Assistant Attorney General for six months to oversee the
process of implementing the bill and drafting new rules and
regulations. However, according to the fiscal note the additional
staff time could be absorbed within the agency's current staffing
level. The fiscal note also states that the Kansas Bureau of
Investigation (KBI) indicated that implementation of the bill would
require an additional Office Specialist. The additional expenditure
by the KBI was estimated to be $26,873 for FY 1998. The fiscal
note was prepared for the introduced version of the bill in 1997
and does not reflect any expenditures that might result from
amendments to the bill.
1. *Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at