Hello All!
I just wanted to know if anyone knew about P.I. Licensing (if needed at all) in Kansas?
Hello All!
I just wanted to know if anyone knew about P.I. Licensing (if needed at all) in Kansas?
Ms. Stephanie Osier
NO LICENSE IS REQUIRED IF
you fall into the following:
75-7b03
Chapter 75.--STATE DEPARTMENTS; PUBLIC OFFICERSAND EMPLOYEES
Article 7b.--PRIVATE INVESTIGATIVEOR SECURITY OPERATIONS
75-7b03. Exemptions from licensure. The following persons shall not be deemed to be engaging in detective business:
(a) A person employed exclusively and regularly by one employer in connection only with the internal affairs or investigations of such employer and where there exists an employer-employee relationship;
(b) any officer or employee of the United States, or of this state or a political subdivision thereof while engaged in the performance of the officer's or employee's official duties;
(c) a person engaged exclusively in the business of obtaining and furnishing information as to the financial rating of persons except that this exemption does not include a person preparing an investigative consumer report as defined by K.S.A. 50-702, and amendments thereto;
(d) a charitable philanthropic society or association duly incorporated under the laws of this state which is organized and maintained for the public good and not for private profit;
(e) an attorney performing duties as an attorney or a person employed exclusively and regularly by an attorney or law firm performing duties exclusively on behalf of the attorney or law firm;
(f) a licensed collection agency or an employee thereof while acting within the scope of employment, while making an investigation incidental to the business of the agency, including an investigation of the location of a debtor or a debtor's property where the contract with an assignor creditor is for the collection of claims owed or due or asserted to be owed or due or the equivalent thereof;
(g) admitted insurers, agents and insurance brokers licensed by the state, performing duties in connection with insurance transacted by them;
(h) the legal owner of personal property which has been sold under a conditional sales agreement or a mortgagee under the terms of a chattel mortgage in connection with the recovery of such personal property;
(i) any bank subject to the jurisdiction of the state bank commissioner of the state of Kansas or the comptroller of currency of the United States;
(j) a person engaged solely in the business of securing information about persons or property from public records;
(k) an insurance adjuster which, for the purpose of this act, means any person who, for any consideration whatsoever, adjusts or otherwise participates in the disposal of any claim under or in connection with a policy of insurance or engages in soliciting insurance adjustment business;
(l) a private patrol operator while actually engaged in providing private patrol services on the property to which private patrol services are being provided; or
(m) a person engaged in market research.
History: L. 1972, ch. 315, § 3; L. 1981, ch. 326, § 3; L. 1998, ch. 183, § 2; July 1.
OTHERWISE, you may apply for a license under the following:
75-7b20
Chapter 75.--STATE DEPARTMENTS; PUBLIC OFFICERSAND EMPLOYEES
Article 7b.--PRIVATE INVESTIGATIVEOR SECURITY OPERATIONS
75-7b20. Licensure; examination; interview; investigation.
(a) The attorney general shall require as a condition of licensure as a private detective that the applicant or, if the applicant is an organization, any of its officers, directors, partners or associates:
(1) Pass a written examination as evidence of knowledge of detective business; and
(2) submit to an oral interview with the attorney general or the attorney general's designee.
(b) The attorney general shall conduct a complete investigation of the background of each applicant for licensure as a private detective or, if the applicant is an organization, of each of the applicant's officers, directors, partners or associates, to determine whether the applicant is qualified for licensure under K.S.A. 75-7b04 and amendments thereto.
History: L. 1981, ch. 326, § 5; July 1.
Source: http://www.kslegislature.org/cgi-bin...i/75-7b20.html
Office of the Attorney General
Kansas Judicial Center, 2nd Floor
Topeka, KS 66612-1597
75-7b04
Chapter 75.--STATE DEPARTMENTS; PUBLIC OFFICERSAND EMPLOYEES
Article 7b.--PRIVATE INVESTIGATIVEOR SECURITY OPERATIONS
75-7b04. Licensure; application; references; qualifications; summary proceedings; grounds for denial of license.
(a) Every person desiring to be licensed in Kansas as a private detective or private detective agency shall make application therefor to the attorney general. An application for a license under this act shall be on a form prescribed by the attorney general and accompanied by the required application fee. An application shall be verified and shall include:
(1) The full name and business address of the applicant;
(2) the name under which the applicant intends to do business;
(3) a statement as to the general nature of the business in which the applicant intends to engage;
(4) a statement as to the classification or classifications under which the applicant desires to be qualified;
(5) if the applicant is an organization, the full name and residence address of each of its partners, officers, directors or associates;
(6) two photographs of the applicant taken within 30 days before the date of application, of a type prescribed by the attorney general, and two classifiable sets of the applicant's fingerprints one of which shall be submitted to the federal bureau of investigation for a fingerprint check for any criminal history of the applicant;
(7) a statement of the applicant's employment history; and
(8) such other information, evidence, statements or documents as may be required by the attorney general.
(b) The application shall be accompanied by a certificate of reference signed by five or more reputable persons who have known the applicant for a period of at least 5 years. The certificate of reference shall be verified and acknowledged by such persons before an officer authorized to take oaths and acknowledgment of deeds.
Each person signing the certificate of reference shall subscribe and affirm as true, under the penalties of perjury, that:
(1) The person has known the applicant personally for a period of at least five years prior to the filing of the application. The attorney general may lessen such period if the applicant has been discharged honorably from the military service of the United States within the six-year period immediately preceding the date the application is submitted;
(2) the person has read such application and believes each of the statements made therein to be true;
(3) the applicant is honest, of good character and competent and not related or connected by blood or marriage to such person.
(c) Before an application for a license may be granted, the applicant or, if the applicant is an organization, all of the officers, directors, partners or associates shall:
(1) Be at least 21 years of age;
(2) be a citizen of the United States;
(3) be of good moral character; and
(4) comply with such other qualifications as the attorney general adopts by rules and regulations.
(d) In accordance with the summary proceedings provisions of the Kansas administrative procedure act, the attorney general may deny a license if the applicant has:
(1) Committed any act which, if committed by a licensee, would be grounds for the suspension or revocation of a license under this act;
(2) committed any act constituting dishonesty or fraud;
(3) a bad moral character or a bad reputation for truth, honesty, and integrity;
(4) been convicted of a felony or, within 10 years immediately prior to the date of application, been convicted of any crime involving moral turpitude, dishonesty, 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 or illegally using, carrying, or possessing a dangerous weapon;
(5) been refused a license under this act or had a license suspended or revoked in this state or in any other jurisdiction or had a license censured, limited or conditioned two or more times in this state or in any other jurisdiction;
(6) been an officer, director, partner or associate of any person who has been refused a license under this act or whose license has been suspended or revoked in this state or in any other jurisdiction or had a license censured, limited or conditioned two or more times in this state or in any other jurisdiction;
(7) while unlicensed, committed or aided and abetted the commission of any act for which a license is required by this act; or
(8) knowingly made any false statement in the application.
(e) The attorney general may charge a fee for initial application forms and materials in an amount fixed by the attorney general pursuant to K.S.A. 2001 Supp. 75-7b22, and amendments thereto. Such fee shall be credited against the application fee of any person who subsequently submits an application.
History: L. 1972, ch. 315, § 4; L. 1981, ch. 326, § 4; L. 1988, ch. 356, § 296; L. 1998, ch. 183, § 3; July 1.
Source: http://www.kslegislature.org/cgi-bin...i/75-7b04.html
75-7b22
Chapter 75.--STATE DEPARTMENTS; PUBLIC OFFICERSAND EMPLOYEES
Article 7b.--PRIVATE INVESTIGATIVEOR SECURITY OPERATIONS
75-7b22. Fees for regulation of private detectives; maximum limitations established; set by attorney general.
(a) In each fiscal year, the attorney general shall determine the amount of funds which will be required during the next ensuing fiscal year to properly administer the laws which the attorney general is directed to enforce and administer relating to the licensure and regulation of private detectives and private detective agencies. The attorney general, by the adoption of rules and regulations, shall fix fees in accordance with this section in such reasonable sums as may be necessary for such purposes.
(b) After fixing such fees, the attorney general may charge and collect the fees, in advance for the following purposes, subject to the following limitations:
(c) A duplicate license shall be issued upon the filing of a statement covering the loss of the license and the payment of a fee of $5 for the issuance of a duplicate license. Each duplicate license shall have the word "duplicate" stamped across the face thereof and shall bear the same number as the original.
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For initial application forms and materials, not to exceed ................. $ 15
For application for licensure, not to exceed ................. $ 250
For application by an officer, director, partner or associate of an organization, if required to be licensed pursuant to K.S.A. 75-7b05, and amendments thereto, not to exceed ................. $ 100
For renewal of license, not to exceed ................. $ 175
For renewal of license of an officer, director, partner or associate of an organization, if required to be licensed by K.S.A. 75-7b05, and amendments thereto, not to exceed ................. $ 100
For application for a firearm permit, not to exceed ................. $ 50
For renewal of a firearm permit, not to exceed ................. $ 50
For application for a firearm trainers permit, not to exceed ................. $ 100
For renewal of a firearm trainers permit, not to exceed ................. $ 100
History: L. 1998, ch. 183, § 14; July 1.
Source: http://www.kslegislature.org/cgi-bin...i/75-7b22.html
Thank you William! I will look further into the website you've provided!!!
Ms. Stephanie Osier
Thanks ALOT William! That helped out alot. The sight made me aware of the monthly meeting at the Cloverleaf building. I am new to all of this and need all the information I can get.
Rebecka Bonabhan
(This topic has been revised, edited, and updated with more direct links and clarity to whether or not members need a license in Kansas. However, if a license is desired, it appears that Kansas does not require any previous experience to apply for a private investigators license!)
I was wondering if anyone could tell me if Kansas is one of the 7 states that are without licensing laws. I am a new comer, have not yet recived a trainning manual but I have paid me yearly dues . Already I have been approched by a potintual client to investigate her ex-husband. Can I leagaly do this?
Hi, Linda!
The following link will answer your questions about the exemptions and licensing requirements in your state.
PI Licensing: Kansas
Please go to the Introduction Lounge and say hello. We'd love to hear about you. Posting your Introduction will also allow the other members to give you a proper greeting.
Once you post your Introduction, another moderator or member will give you the links that will allow you to begin your training. Following these links will allow you to take advantage of the 100 forums available in Level 4.
I wish you the best success in your future endeavors.
Thank You Deborah ; I do not think I'll be needing a licens yet. And now I must addmit that I do not Know where to go or should I say how to get to the introduction board. I am not only new to this field but am also verry unexspereanced at the computer. I never enen knew how to get on the net until I taught myself one week ago. Thank-you once again for your help,Linda Shafer
Hi, Linda!
Your topic was merged into the proper forum by another moderator. I apologize for the delay in my response. I'll be happy to assist you. Please follow the link below:
Forum Member's Introduction Lounge
Once you post your Introduction, the other members will come by and give you the appropriate training links. These will not only help you navigate and learn how to use the forums, but they will help guide you through the training process.
If you have any questions, please let me know. I wish you the best success in your career!
Thank you very much for this information.
I've researched this topic in the past couple of weeks.
I live in Kansas City and although I actually live in Missouri I'm only about 7 minutes from Kansas.
The Kansas laws are very easy indeed.
That's where I'm going to start; even as I study with IPIU.
John,
I agree, it seems fairly easy to get started in Kansas. I live in Kansas myself - KC Metro area and I am in the process of beginning my new career. Maybe some day we can meet and discuss the field. You just never know enough people!
What about not getting licensed but going to work for a company like yours or a competitor?
quick question: For Kansas Licensing laws you need to be bonded, does anyone know a good bonding agent for a trainee just starting out in the field?
Hi everyone, just wanted to say THANK YOU to everyone that added all the links to follow to find out information on Kansas laws... This was very useful thank you again.
Cindy McMillen
I was wondering if anyone found out about getting bonded in Kansas. I also live in Kansas but I also am only about 3 mins from the Mo stateline.
Mike
Typically, when you apply for your state license, they will provide you with a list of bonding companies to contact. Remember, a bond is like an insuance policy. You just pay the annual premium.
Legal Affairs comments are not intended to be and should absolutely not be taken as legal advice. If you should require legal, tax, or financial advice, you must first enter into a written agreement with only a licensed professional for legal, tax, or financial services, signed by both you and the licensed professional, and paid a retainer in good funds. Legal Affairs is not, nor intends to be, nor solicits to be your licensed professional. Members accessing comments by Legal Affairs are required to be bound by their Terms of Use Agreement regarding Legal Affairs.
Thanks for the info.Originally Posted by Legal Affairs
I know I should know this by the back of my hand but... here it goes. I have a few questions about Kansas. Please help as I am very leary about anything in the state. I have referred to the licensing laws and printed them out as well as the KBI and KAPI website and printed out laws and regulations. Here are the laws I would like cleared up.
1. In kansas PI's are not allowed to have trainee's work under them. You must be licensed or do public record searches only.
How do we do any assignments legally?
2. If I were to do an assignment like serve papers for an agency listed here, how is that legal?
3. What should my business cards state as title with a Kansas address. I just ordered them and the title is Private Investigator. I am thinking now it should be changed to something else.
4. My badge also states Private Investigator. Should I have put something else on the cards? I figured with the badge it would be conflicting.
5. How can you gain experience if you have to be licensed in that state to do background checks or survelliance if you have to be licensed first?
6. Isn't the Anti-Piratcy assignments considered survelliance?
Which can't be done unless you are a licensed PI.
7. As an Independent contractor for the agencies, is that considered employment with that agency? So could I get a license with Kansas under Integrity Investigations Or Embassy.
Will they fill out the form required by the state so I can get a license without taking out an insurance policy? I can get a license with kansas for about $250.00 If I had an agency to fill out the paper. Otherwise I have to pay about 1500.00 for the insurance. Shouldn't independent contractors have insurance anyway? Who covers us as an independent contractor if something were to happen and we don't take out the insurance.
Lastly I have read the forums and I think I know the answers to these questions but I really need someone who knows the answers to confirm them.
Long story short...Should I invest in a license and insurance to do assignments in Kansas if there is not an agency willing to sign the paper confirming my employment with their firm or agency?
Thanks for any input. Melissa
Wow, great questions Melissa! I'm curious about the answers as well.
Sorry, Mellisa, but we cannot even consider what you have posted here as state law because you posted no direct links to the Kansas statutes. You may be quoting or paraphrasing what the entire laws state and by whose authority, but in order for a legal discussion to take place, you need to post the direct links.Originally Posted by Melissa Fisher
The following may or may not be in context:
As for the other questions you asked:Originally Posted by Melissa Fisher
Answer: You do not need to be a private investigator to perform process of legal papers. Go to the Process Server Forums.Originally Posted by Melissa Fisher
Originally Posted by Melissa FisherIf you have a badge question, go to the Badge Licensing Laws Forum and review the topic titled KANSAS. If you ordered a custom badge from IPIU, then it is approved for use in Kansas as long as you follow the instructions.Originally Posted by Melissa Fisher
Answer: Not so. Read the entire application package detailing what is needed to qualify for the experience requirement. As an example, you worked as an investigator for an insurance fraud department, or for an attorney, or for another qualifying business, the statutes permit this.Originally Posted by Melissa Fisher
No, it is considered auditing a commercial broadcast for the attorney's client.Originally Posted by Melissa Fisher
Answer: Licensed PI's and agencies are free to hire independent contractors for a variety of reasons. It is more a tax question than a consideration of employment.Originally Posted by Melissa Fisher
Answer: Level 4 union members should post these questions in the union forum titled OBTAINING YOUR AGENCY LICENSE.Originally Posted by Melissa Fisher
Answer: We recommend that newcomers without prior experience license their PI agency name first in Colorado to establish a headquarters. The new Colorado Gold Program includes your agency corporation filing with the government, name protection, office receptionist, office secretary, phone messages, voice mail for after hours, a toll free PI telephone number that connects to your cell phone or other phone, registered agent services for your corporation - all for an average of about $15/month when paid annually. Call Gary at 800-548-1526 for details. (Also ask him about the co-office in Kansas City, Missouri that will be available shortly).Originally Posted by Melissa Fisher
I am going to ask a big favor of you so that the other moderators here don't have a heart attack. If you are familiar with navigating the 300+ forums we have here and you are familiar with the 300,000 topics we have here, then please, please post your questions in the designated topics in the proper forums instead of all in one topic where most of the questions are off-topic.Originally Posted by Melissa Fisher
Otherwise, the moderators are not going to take the time to do as I have done.
Cynthia Ford
Administrator - IPIU
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1. Sorry I was not aware we had to place direct links. I will post one.
2. I have read the process server forum and just wanted some clairification.
3. I have read the business card forum, there again I wanted clarification.
4.I have read the badge forum and again I just wanted clarification.
5. I have read this forum and was not sure I was understanding it. Just wanted clarification.
6. OK makes sense to me. I thought thats how that worked but again clarififcation
7. OK thank you !
7. Ok will post in another forum
OK I am sorry for posting in the wrong forum, I thought they were all questions for licensing as there are laws everyone needs to go by.
All I was asking for was clairification on what I read. I have read the forums but I just wanted to make sure I understood it. I would hate to do something wrong and then not be able to work the assignments or get a license. Sometimes people read something and misunderstand the meaning. And yes I did read the forums. I am new at this and just looking for direction. Thanks Melissa
Hey, Melissa, we'd rather have you ask than not.Originally Posted by Melissa Fisher
Here's another tip: Anytime you see a forum member with the title of ADMINISTRATOR under their name, rest assured they are quoting correct policy and legal comments. Moderators who offer advice are free to do so, but they must base their advice on what an administrator has stated.
Good luck with your new office!
David Copeland
Administrator
Private Investigators Forums
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Thanks David,
I hope I didnt upset anyone by the questions. I am very afraid of doing something wrong then having it come back to bite me. Not only that I want to make sure your (ipiu) reputation stays outstanding. I do not want to see one black mark or bad comment about this website or myself because I did something wrong. I guess it comes from a combined backgroung in nursing and law enforcement, I am very picky about making sure I CAN do something before I do it. Thank you for your help and direction. I hope to have an office someday, but I want to make sure I know what I am doing before I take that responsibility. Another reason for the 50 million questions. You all have been very helpful in the quest for success. Thank you Cynthia for setting me straight on alot of issues I had questions. I will try to make sure I do better at filtering out which posting goes where. David, you are a gem. Your great and I appreciate the help you have always given me. Mel
Can anyone tell me if the rumor is true about having to have a PI License to operate as a Fugitive Recovery Agent.
I recently got Insurance for my Kansas and Missouri PI License with a company out of Texas, it was only 975 a year. And the KBI is pretty fast on getting a PI License out to you after you have been approved, from time they got my packet to License in my hand was less than three weeks.