Sureties and Bail Enforcement Agents
Current through the end of the 2016 legislative session
75-7e01 Definitions.
75-7e02 Bail enforcement agent; license required
75-7e03 Licensing, application procedures
75-7e04 License issuance; contents; display.
75-7e05 License expiration; renewal; nontransferrable
75-7e06 License censure, limitation, condition, suspension or revocation; procedure.
75-7e07 City preemption
75-7e08 Fees
75-7e09 Bail enforcement agent fee fund.
As used in K.S.A. 75-7e01 through 75-7e09, and amendments thereto:
(a) ‘‘Surety’’ means a person or commercial surety, other than a defendant in a criminal proceeding, that guarantees the appearance of a defendant in a criminal proceeding, by executing an appearance bond.
(b) ‘‘Bail agent’’ means a person authorized by a surety to execute surety bail bonds on its behalf.
(c) ‘‘Bail enforcement agent’’ means a person not performing the duties of a law enforcement officer who tracks down, captures and surrenders to the custody of a court a fugitive who has violated a surety or bail bond agreement, commonly referred to as a bounty hunter.
History: L. 2016, ch. 85, § 1; July 1.
75-7e02. Bail enforcement agent; license required
(a) Except as provided in subsection (b), it shall be unlawful for any person to engage in the business of a bail enforcement agent in this state unless such person is licensed as a bail enforcement agent under sections K.S.A. 75-7e01 through 75-7e09, and amendments thereto.
(b) The following persons shall not be deemed to be engaging in the bail enforcement business:
(1) A surety, authorized as such in the state of Kansas, who is attempting to enforce a bail bond; or
(2) a bail agent attempting to enforce a bail bond.
History: L. 2016, ch. 85, § 2; July 1.
75-7e03. Licensing, application procedures
(a) Every person desiring to be licensed in Kansas as a bail enforcement agent shall make application to the attorney general. An application for a bail enforcement agent license shall be on a form prescribed by the attorney general and accompanied by the required application fee. An application shall be verified under penalty of perjury and shall include:
(1) The full name and business address of the applicant;
(2) two photographs of the applicant taken within 30 days before the date of application, of a type prescribed by the attorney general;
(3) a statement of the applicant’s employment history;
(4) a statement of the applicant’s criminal history, if any; and
(5) one classifiable set of the applicant’s fingerprints.
(b) (1) Fingerprints submitted pursuant to this section shall be released by the attorney general to the Kansas bureau of investigation for the purpose of conducting criminal history records checks, utilizing the files and records of the Kansas bureau of investigation and the federal bureau of investigation.
(2) Each applicant shall be subject to a state and national criminal history records check which conforms to applicable federal standards for the purpose of verifying the identity of the applicant and whether the applicant has been convicted of any crime that would disqualify the applicant from being licensed as a bail enforcement agent under sections 1 through 10, and amendments thereto. The attorney general is authorized to use the information obtained from the state and national criminal history records check to determine the applicant’s eligibility for such license.
(3) Each applicant shall pay a fee for the criminal history records check in an amount necessary to reimburse the attorney general for the cost of the criminal history records check. Such fee shall be in an amount fixed by the attorney general pursuant to K.S.A. 75-7e08, and amendments thereto, and shall be in addition to the applicable original or renewal application fee amount fixed by the attorney general pursuant to K.S.A. 75-7e08, and amendments thereto.
(c) In accordance with the Kansas administrative procedure act, the attorney general may deny a license if the applicant has:
(1) Committed any act on or after July 1, 2016, which, if committed by a licensee, would be grounds for the censure, limitation, conditioning,suspension or revocation of a license under K.S.A. 75-7e01 through 75-7e09, and amendments thereto;
(2) been convicted of a felony, unless such conviction has been expunged;
(3) in the 10 years immediately preceding the submission of the application, been convicted of an offense classified as a person misdemeanor offense, or a substantially similar offense from another jurisdiction, unless such conviction has been expunged;
(4) while unlicensed, committed or aided and abetted the commission of any act for which a license is required by K.S.A. 75-7e01 through 75-7e09, and amendments thereto; or
(5) knowingly made any false statement in the application.
(d) 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. 75-7e08, and amendments thereto. Such fee shall be credited against the application fee of any person who subsequently submits an application.
(e) Every application for an initial or a renewal license shall be accompanied by a fee in an amount fixed by the attorney general pursuant to K.S.A. 75-7e08, and amendments thereto.
History: L. 2016, ch. 85, § 3; July 1.
75-7e04. License issuance; contents; display.
(a) The license, when issued, shall be in such form as may be determined by the attorney general and shall include the:
(1) Name of the licensee; and
(2) number and date of the license.
(b) The license at all times shall be posted in a conspicuous place in the principal place of business of the licensee. Upon the issuance of a license, a pocket card of such size, design and content as determined by the attorney general shall be issued without charge to each licensee. Such card shall be evidence that the licensee is duly licensed pursuant to K.S.A. 75-7e01 through 75-7e09, and amendments thereto. When any licensee terminates such licensee’s activities as a bail enforcement agent, or such licensee’s license has been suspended or revoked, the card shall be surrendered, within five days after such termination, suspension or revocation, to the attorney general for cancellation. Within 30 days after any change of address or of any change in its officers, directors, partners or associates, a licensee shall notify the attorney general thereof. The principal place of business may be at a residence or at a business address, but it shall be the place at which the licensee maintains a permanent office.
History: L. 2016, ch. 85, § 4; July 1.
75-7e05. License expiration; renewal; nontransferrable.
(a) Any license issued under K.S.A. 75-7e01 through 75-7e09, and amendments thereto, shall expire two years from the date of issuance and may be renewed every two years thereafter. Renewal of any such license shall be made in the manner prescribed for obtaining an original license, including payment of the appropriate fee required by K.S.A. 75-7e08, and amendments thereto, except that:
(1) The application for renewal shall provide the information required of original applicants if the information shown on the original application or any renewal thereof on file with the attorney general is no longer accurate;
(2) a new photograph and classifiable set of fingerprints shall be submitted with the application for renewal only if the photograph and fingerprints on file with the attorney general has been on file more than four years; and
(3) additional information may be required by rules and regulations adopted by the attorney general.
(b) A license issued under K.S.A. 75-7e01 through 75-7e09, and amendments thereto, shall not be assignable.
History: L. 2016, ch. 85, § 5; July 1.
75-7e06. License censure, limitation, condition, suspension or revocation; procedure.
(a) In accordance with the Kansas administrative procedure act, the attorney general may censure, limit, condition, suspend or revoke a license issued under K.S.A. 75-7e01 through 75-7e09, and amendments thereto, if the attorney general determines that the licensee has:
(1) Made any false statement or given any false information in connection with an application for a license or a renewal or reinstatement thereof;
(2) violated any provisions of K.S.A. 22-2809a or K.S.A. 75-7e01 through 75-7e09, and amendments thereto;
(3) been convicted of a felony or any other offense described in K.S.A. 75-7e03, and amendments thereto;
(4) committed any act, while the license was expired, which would be cause for the suspension or revocation of a license, or grounds for the denial of an application for a license;
(5) committed any act which is grounds for denial of an application for a license;
(6) become subject to a domestic protection order from this or any jurisdiction which complies with 18 U.S.C. § 922(g)(8);
(7) become subject to K.S.A. 59-2945 et seq. or K.S.A. 59-29b45 et seq., and amendments thereto, or a substantially similar proceeding from another jurisdiction; or
(8) become subject to any proceeding which could render the licensee subject to censure, limitation, condition, suspension or revocation of such licensee’s license under the provisions of this section.
(b) The record of conviction, or a certified copy thereof, shall be conclusive evidence of such conviction as that term is used in this section or in K.S.A. 75-7e03, and amendments thereto, and a plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning thereof.
History: L. 2016, ch. 85, § 6; July 1.
(a) The licensing and regulation of bail enforcement agents shall be under the exclusive jurisdiction and control of the attorney general, as provided in K.S.A. 75-7e01 through 75-7e09, and amendments thereto, and no city may adopt any ordinance which provides for the licensing or regulation of bail enforcement agents. Any such ordinance which is so adopted, or which has been adopted on or before July 1, 2015, is hereby declared null and void.
(b) The attorney general shall adopt such rules and regulations as may be necessary to carry out the provisions of K.S.A. 75-7e01 through 75-7e09, and amendments thereto.
History: L. 2016, ch. 85, § 7; July 1.
(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 bail enforcement agents. 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:
(1) For initial application forms and materials, not to exceed $15;
(2) for application for licensure, not to exceed $200; and
(3) for renewal of license, not to exceed $175.
(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 $15 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.
(d) In addition to the applicable original or renewal application fee amount fixed by the attorney general pursuant to this section, the attorney
general may charge and collect a fee from each applicant to conduct a criminal history records check. Such fee shall be in an amount fixed by the attorney general and shall not exceed an amount necessary to reimburse the attorney general for the cost of such criminal history records check.
History: L. 2016, ch. 85, § 8; July 1.
75-7e09. Bail enforcement agent fee fund.
The attorney general shall remit all moneys received from fees or charges imposed pursuant to K.S.A. 75-7e01 through 75-7e09, and amendments thereto, to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the bail enforcement agents fee fund, which is hereby created. Moneys in the bail enforcement agents fee fund shall be used solely for the purpose of administering and implementing K.S.A. 75-7e01 through 75-7e09, and amendments thereto, and any other law relating to the licensure and regulation of bail enforcement agents. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the attorney general or by a person or persons designated by the attorney general.
History: L. 2016, ch. 85, § 9; July 1.