License in Kentucky (Old Topic)

[Bill Swartz -]

What kind of license does the state of kentucky need to do private investigation?

[Valerie Thompson]

If I read the information correctly, as of January 2003 a license is definitely required, and there are qualifications.

[Leanna Brosan]

I know this has been several months, but I can answer the #2 part of this question...if you work for a private investigator or firm, you can only work 240 hours a year without getting your own license. That means you can not bill more than that in one year. If you do, you must have a license. In KY they are relatively easy, just apply, take a test, and presto, they mail you the license. The test isn't so bad, but you will need to study the statues of the Commonwealth. It will cost approximately $500, all said and done. This will not include your concealed weapon license.

[Matthew Wayne Simmons]

I have just checked on the laws for Kentucky and the fees. The fees are somewhat high does anyone have any idea how I might be able to obtain assistance with these fees. Possibly by becoming an intern or what ever may work.

[Herman Polen Sr]

I'm a Licenced P.I. in Indiana in New Albany right on the river. I do some investigations there when need be. I do only what I have to do and leave. I wonder about border states being recipical for short term cases, or as long as you don't seek business in Kentucky, my business is from hoosiers here in Indiana, but my investigations lead me there.....

[Robert M Flores--]

I have sought to get information on the 6 Hour training and the testing. The cost of the test and licensing is said to be around $500, and the lic requires an enormous bonding. (unless all my reading has failed me).

As for starting up a business with the titles that do not explicitly state Private investigating, there are mentions of a definition of Private investigators, its job description that, in my opinion, closes this loop hole. (It would require a legal mind to unravel all its implications).

State licensing should be based on Certification and passing the test. The test should not cost anymore than any other professional test.

If I am wrong in this ideology, please enlighten me. If I appear to be correct, will IPIU as a union, represent or support members in such states that suppress individuals fair rights to pursue careers in this chosen profession.

I ask this because from what I see of this KY statue, there is no way I can start up legally in the PI industry in Kentucky unless I am employed by a PI agency lic in Kentucky, and can only work 240 hours a week under their lic.

I request that the legal dept of IPIU review this statue to ensure we are reading it correctly and have a good understanding on what it takes to be a PI in Kentucky.

Sorry, I have never been accused of being short winded.

[Michael Harris]

I am moving to the Cincinnati area and had thought of living in KY. I was thrilled when I saw the NO license posting. I then checked the site and read the law - I am disappointed, but I will persevere.

[Tonya Smothers]

I'm trying to read the forums and clearly understand what is being said, but some of them are confusing. Can someone shed some light? I really need to understand.

[Hugh Goodwyn]

Since Kentucky is a commonwealth state and Virginia is a commonwealth state then If you have a license in Virginia will that license be valid in all the commonwealths.

[Michael Harris]

Since Kentucky is a commonwealth state and Virginia is a commonwealth state then If you have a license in Virginia will that license be valid in all the commonwealths.
Hugh,

Interesting question. A 'commonwealth' and a 'state' are simply two different forms of government, but we ignore the differences today. Prior to the defeat of the Confederate States of America by the United States of America in a war of economic self-determination - read that as states rights, the term comonwealth actually meant something.

Four of the constituent states of the United States officially designate themselves Commonwealths: Kentucky, Massachusetts, Pennsylvania, and Virginia. This designation, which has no constitutional impact, emphasizes that they have a "government based on the common consent of the people" as opposed to one legitimized through their earlier Royal Colony status that was derived from the King of England. (The word commonwealth is of English derivation and refers to the common "weal" or well-being of the public.)
In common parlance, people do not make the distinction between state or commonwealth.
Commonwealth of Kentucky
In 1785, residents of Kentucky County began petitioning the Virginia legislature for statehood. They wished the County to be recognized as a "free and independent state, to be known by the name of the Commonwealth of Kentucky." On June 4th, 1792, Kentucky County, Virginia became officially the "Commonwealth of Kentucky."[1]
Commonwealth of Massachusetts
Massachusetts is officially named "The Commonwealth of Massachusetts" by its constitution. The name "State of Massachusetts Bay" was used in all acts and resolves up to 1780 and the first draft of the constitution. The current name can be traced to the second draft of the state constitution, which was written by John Adams and ratified in 1780.[2]
Commonwealth of Pennsylvania
The Seal of Pennsylvania does not use the term, but legal processes are in the name of the Commonwealth and it is a traditional official designation used in referring to the state. In 1776, Pennsylvania's first state constitution referred to it as both "Commonwealth" and "State," a pattern of usage that was perpetuated in the constitutions of 1790, 1838, 1874, and 1968.[3]
A detailed history describing the origins of Pennsylvania's government, including its designation as a commonwealth from colonial times, is available from the Secretary of State's office.
Commonwealth of Virginia
The name "Commonwealth of Virginia" dates back to its independence from Great Britain. Virginia's first constitution (adopted on June 29, 1776) directed that "Commissions and Grants shall run, In the Name of the Commonwealth of Virginia, and bear taste by the Governor with the Seal of the Commonwealth annexed." The Secretary of the Commonwealth still issues commissions in this manner. Among other references, the constitution furthermore dictated that criminal indictments were to conclude "against the peace and dignity of the Commonwealth."
Retrieved from "http://en.wikipedia.org/wiki/Commonwealth_%28United_States%29"

A state of the United States is any one of the fifty subnational entities referred to as a state (although four officially favor the term commonwealth) which, along with the District of Columbia, under the provisions of the United States Constitution form the United States of America. The separate state governments and the United States federal government share sovereignty, in that an "American" is a citizen both of the federal entity and of his or her state of residence. However, state citizenship is very flexible, and no government approval is required to move between states (with the exception of convicts on parole).
The United States Constitution allocates power between the two levels of government in general terms. The idea is that by ratifying the Constitution, each state (a) transfers certain sovereign powers to the federal government; (b) agrees to share other powers; and (c) exclusively retains the remainder for itself. The tasks of education, health, transportation, and other infrastructure are generally the responsibility of the states. All states transferred, shared, and kept the same powers.
Over time, the Constitution has been amended, and the interpretation and application of its provisions have changed. The general tendency has been toward centralization, with the federal government playing a much larger role than it once did. There is a continuing debate over "states' rights," which concerns the extent and nature of the powers that the states have given to the federal government.
Legal status at end of Revolutionary War
At the time of the Declaration of Independence from Great Britain in 1776, the 13 colonies became 13 independently sovereign states. They became fourteen in 1777 with the formation of the Vermont Republic. For a brief period, they were in effect legally separate nations.
Union as a single nation
Upon the adoption of the Articles of Confederation and Perpetual Union, the states became a confederation, a single sovereign political entity as defined by international law — empowered to levy war and to conduct international relations — albeit with a very loosely structured and inefficient central government. After the failure of the union under the Articles of Confederation, the thirteen states joined the modern union via the process of ratifying the United States Constitution.
Relationship among the states
Under Article IV of the Constitution, which outlines the relationship between the states, the United States Congress has the power to admit new states to the union. The states are required to give "full faith and credit" to the acts of each other's legislatures and courts, which is generally held to include the recognition of legal contracts, marriages, criminal judgments, and—at the time—slave status. The states are guaranteed military and civil defense by the federal government, which is also required to ensure that the government of each state remains a republic.
Secession
The Constitution is silent on the issue of the secession of a state from the union. The Articles of Confederation had stated that the earlier union of the colonies "shall be perpetual," and the preamble to the Constitution states that Constitution was intended to "form a more perfect union." In 1860 and 1861, several states attempted to secede, but were brought back into the Union by force of arms during the Civil War. Subsequently, the federal judicial system, in the case of Texas v. White, established that states do not have the right to secede without the consent of the other states.
Naming issues: Commonwealths, republics, and states
Four of the states bear the formal title of Commonwealth: Kentucky, Massachusetts, Pennsylvania, and Virginia. In these cases, this is merely a name and has no legal effect. Somewhat confusingly, two U.S. territories — Puerto Rico and the Northern Marianas — are also referred to as commonwealths, and do have a legal status different from the states.
The Republic of Texas was an independent nation for nine years. The so-called "California Republic" was actually a flag raised by Americans in the town of Sonoma after they expelled the local Mexican official. Ten days later the US Army took over.
Retrieved from "http://en.wikipedia.org/wiki/U.S._state"

Sorry, but I did not have the time to reformat this entry. I know that you asked a legitimate question, but the concept of commonwealth and state is so blurred today that it is only the last vestige of states rights.

Michael

[Cynthia Ford]

To Everyone:

Click here for the New 2008 Kentucky Licensing Topic:
http://www.ipiu.org/forums/showthread.php?p=460411

Many changes and clarifications have been made to better understand how easy and affordable a Kentucky PI License is (without any prior experience necessary!)


If I read the information correctly, as of January 2003 a license is definitely required, and there are qualifications.
Yes, Valerie. But the new link above will provide you with easier clarification on how easy it is now.


I know this has been several months, but I can answer this question...if you work for a private investigator or firm, you can only work 240 hours a year without getting your own license. That means you cannot bill more than that in one year. If you do, you must have a license.
Yes and No.
Review the new licensing topic link above and you will note there are many exemptions to having a PI License that allows unlicensed private investigators to perform assignments beyond the 240 hours per year.


In KY the PI license is relatively easy, just apply, take a test, and presto, they mail you the license. The test isn't so bad, but you will need to study the statues of the Commonwealth. Absolutely correct! And they now give you the free e-book which has all of the material and answers in it for the examination.


It will cost approximately $500, all said and done. This will not include a concealed weapon license (if you wish to have it as an option).The 2008 fees include a reduced allowance for sole owners. The start-up fees are now $135, and the 2-year license the first time is $300 which averages $150 a year. Afterward, the renewals drop to an average of $125 per year.

(The concealed weapon permit is usually something that the majority of licensed PI's nationwide have little use for. But if Kentucky CW Permits are easier to obtain, then why not get one now rather than risk the regulations will change later)


I have just checked on the laws for Kentucky and the fees. The fees are somewhat high does anyone have any idea how I might be able to obtain assistance with these fees. Possibly by becoming an intern or what ever may work.As you have seen above, the fees are broken down into two-payments the first year: $135 to start the application going, including criminal background check, and test examination. The second payment will be for the two-year license ($300) which averages $150 a year. Renewals then drop to an average of $125/year).

Or, you can work for a licensed PI Agency without a PI License for 240 hours. Out of your paycheck for 240 hours (which is a few thousand dollars), you can then start your own licensing application!


I'm a Licensed P.I. in Indiana in New Albany right on the river. I do some investigations in Kentucky when need be. I do only what I have to do and leave. I wonder about border states being reciprocal for short term cases, or as long as you don't seek business in Kentucky, my business is from Hoosiers here in Indiana, but my investigations lead me there.....Your reciprocal license cost is only an average of $125 per year, with no fingerprints, exam, or other items usually charged. One case a year would pay for your out-of-state license. See the new link.


I have sought to get information on the 6 Hour training and the testing. Good news! The new link I provided shows the Continuing Education requirement will not start until later this year.



As for starting up a business with the titles that do not explicitly state Private investigating, there are mentions of a definition of Private investigators, its job description that, in my opinion, closes this loop hole. (It would require a legal mind to unravel all its implications).
Our legal staff has already posted an easier-to-read understanding of the exemptions to licensing. (See the link above)


. . . and the lic requires an enormous bonding. (unless all my reading has failed me). It is NOT a cash bond. All that is required is for you to obtain a reasonable Insurance Liability Policy in case you are at fault during a licensed regulated case. Much like a car insurance policy for $250,000 coverage, you only pay a nominal monthly insurance payment.


The cost of the test and licensing is said to be around $500 . . . No longer $500 for sole owners. You can make two payments, one for $135 (covers application, testing, and Criminal Background check). The remaining payment will be for a two (2) year license for $300 (which averages $150 per year). Renewals then drop lower.



State licensing should be based on Certification and passing the test. The test should not cost anymore than any other professional test. The test is now included with the first payment of $135, which includes the Application Fee, Test, and Criminal Background Check & fingerprint validation.

. . . will IPIU as a union, represent or support members in such states that suppress individuals fair rights to pursue careers in this chosen profession?

I ask this because from what I see with the KY statutes, there is no way I can start up legally in the PI industry in Kentucky unless I am employed by a PI agency lic in Kentucky, and can only work 240 hours a week under their lic.

I request that the legal dept of IPIU review this statute to ensure we are reading it correctly and have a good understanding on what it takes to be a PI in Kentucky.
Your union did just what you asked. And the results in the new link provided will now show you how to:

Perform as a company or sole owner any of the many exempted unregulated assignments without the need for a state PI License.


Go to work for a licensed Agency for the first 240 hours without the need to pay any license fees; and the use your earnings to obtain your own license for the two payments I mentioned above.




Will my IPIU credentials (when obtained), be legally valid as a means of identification and justifications for working under these circumstances?Your IPIU Union License is not a state license. But it is honored by many agencies and companies as a means to monitoring you for potential unlawful activities while performing your work during unregulated assignments.


I am moving to the Cincinnati area and had thought of living in KY. I was thrilled when I saw the NO license posting. I then checked the site and read the law - I am disappointed, but I will persevere.Michael, you need not wait any longer. Although there is a licensing requirement for Kentucky, the new topic link we have provided now shows that you do NOT NEED ANY PRIOR EXPERIENCE. You make your two payments, study the free PI Examination E-Book for the test, do your fingerprints and photos, and go to work! (Provided, of course, you meet the "basic" requirements of age, etc)


I'm trying to read the forums and clearly understand what is being said, but some of them are confusing. Can someone shed some light? I really need to understand.Sorry for the delay. The new topic link answers your questions with more clarity.

Again, here is the new link:
http://www.ipiu.org/forums/showthread.php?t=32551