BILL NUMBER: SB 208 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 3, 2001
AMENDED IN ASSEMBLY JUNE 18, 2001
AMENDED IN ASSEMBLY MAY 21, 2001
AMENDED IN SENATE MARCH 26, 2001
INTRODUCED BY Senator Alpert
FEBRUARY 9, 2001
An act to amend Section 7522 of the Business and Professions Code,
relating to private investigators.
LEGISLATIVE COUNSEL'S DIGEST
SB 208, as amended, Alpert. Private investigators: exemption
from licensure.
Existing law provides for the licensing and regulation of private
investigators, but excepts from those provisions specified
individuals and entities.
This bill would also except from those provisions, a holder of a
certificate or degree in human resource management, as specified.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7522 of the Business and Professions Code is
amended to read:
7522. This chapter does not apply to:
(a) A person employed exclusively and regularly by any employer
who does not provide contract security services for other entities or
persons, in connection with the affairs of the employer only and
where there exists an employer-employee relationship if that person
at no time carries or uses any deadly weapon in the performance of
his or her duties. For purposes of this subdivision, "deadly weapon"
is defined to include any instrument or weapon of the kind commonly
known as a blackjack, slungshot, billy, sandclub, sandbag, metal
knuckles, any dirk, dagger, pistol, revolver, or any other firearm,
any knife having a blade longer than five inches, any razor with an
unguarded blade and any metal pipe or bar used or intended to be used
as a club.
(b) An officer or employee of the United States of America, or of
this state or a political subdivision thereof, while the officer or
employee is engaged in the performance of his or her official duties,
including uniformed peace officers employed part time by a public
agency pursuant to a written agreement between a chief of police or
sheriff and the public agency, provided the part-time employment does
not exceed 50 hours in any calendar month.
(c) A person engaged exclusively in the business of obtaining and
furnishing information as to the financial rating of persons.
(d) A charitable philanthropic society or association duly
incorporated under the laws of this state that is organized and
maintained for the public good and not for private profit.
(e) An attorney at law in performing his or her duties as an
attorney at law.
(f) Admitted insurers and agents and insurance brokers licensed by
the state, performing duties in connection with insurance transacted
by them.
(g) Any bank subject to the jurisdiction of the Commissioner of
Financial Institutions of the State of California under Division 1
(commencing with Section 99) of the Financial Code or the Comptroller
of Currency of the United States.
(h) A person engaged solely in the business of securing
information about persons or property from public records.
(i) A peace officer of this state or a political subdivision
thereof while the peace officer is employed by a private employer to
engage in off-duty employment in accordance with Section 1126 of the
Government Code. However, nothing herein shall exempt a peace
officer who either contracts for his or her services or the services
of others as a private investigator or contracts for his or her
services as or is employed as an armed private investigator. For
purposes of this subdivision, "armed private investigator" means an
individual who carries or uses a firearm in the course and scope of
that contract or employment.
(j) A licensed insurance adjuster in performing his or her duties
within the scope of his or her license as an insurance adjuster.
(k) Any savings association subject to the jurisdiction of the
Commissioner of Financial Institutions or the Office of Thrift
Supervision.
(l) Any secured creditor engaged in the repossession of the
creditor's collateral and any lessor engaged in the repossession of
leased property in which it claims an interest.
(m) The act of serving process by an individual who is registered
as a process server pursuant to Section 22350.
(n) (1) A person or business engaged in conducting objective
observations of consumer purchases of products or services in the
public environments of a business establishment by the use of a
preestablished questionnaire, provided that person or business entity
does not engage in any other activity that requires licensure
pursuant to this chapter. The questionnaire may include objective
comments.
(2) If a preestablished questionnaire is used as a basis, but not
the sole basis, for disciplining or discharging an employee, or for
conducting an interview with the employee that might result in the
employee being terminated, the employer shall provide the employee
with a copy of that questionnaire using the same procedures that an
employer is required to follow under Section 2930 of the Labor Code
for providing an employee with a copy of a shopping investigator's
report. This subdivision does not exempt from this chapter a person
or business described in paragraph (1) if a preestablished
questionnaire of that person or business is used as the sole basis
for evaluating an employee's work performance.
(o) An individual who meets all of the following:
(1) (A) Holds a certificate in human resource management from a
California based or a national association of human resource
professionals whose primary function shall include professional
education and the issuance of certificates evidencing competency in
human resource management or (B) holds a certificate or degree in
human resource management, or the equivalent, from a college or
university that is accredited by an accrediting agency recognized by
the United States Department of Education and (C) certifies in
writing by affirmation that he or she has more than 1,000 hours of
human resource work experience .
(2) Has completed coursework in human resource management.
(3) Is acting as an independent contractor who may conduct
interviews and obtain and review relevant documents, for his or her
employer relating to accusations or incidents of harassment in the
workplace solely to provide the following types of services:
(A) Making recommendations for corrective action regarding
harassment in the workplace.
(B) Providing assessments of harassment in the workplace.
(C) Training management and employees on harassment prevention in
the workplace.
(D) Preparing written policies and procedures for the prevention
of harassment in the workplace.
(4) Has not previously been denied licensure in this state or any
other state or had his or her license revoked by the bureau or a
similar agency in any other state.
(5) Maintains an office in this state.
(6) Nothing in this subdivision allows human resource
professionals access to confidential information that is available to
private investigators solely by virtue of their status as licensed
private investigators under Sections 7520 to 7539, inclusive.