BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 208
                                                                  Page  1

          Date of Hearing:   July 10, 2001

                   ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
                                  Lou Correa, Chair
                     SB 208 (Alpert) - As Amended:  July 3, 2001

           SENATE VOTE  :   25-1
           
          SUBJECT  :   Private investigators: exemption from licensure.

           SUMMARY  :   Exempts, under specified conditions, an independent  
          contractor who possesses a certificate or degree in human  
          resource management, and who analyses and makes recommendations  
          regarding workplace harassment incidents, from the Private  
          Investigator Act (PI Act).  Specifically,  this bill  :

          1)Exempts an individual from the PI Act who meets all of the  
            following:

             a)   Possesses a certificate in human resource management  
               from a California based or national association of human  
               resource professionals whose primary function is  
               professional education and issuance of certificates  
               evidencing competency in human resource management; or  
               holds a certificate/degree in human resources management  
               from an accredited college or university that is recognized  
               by the U.S. Department of Education and certifies in  
               writing by solemn affirmation that they have more than 1000  
               hours of human resource experience.

             a)   Has completed coursework in human resource management. 

             a)   Is acting as an independent contractor who conducts  
               interviews and obtains and reviews relevant documents  
               relating to accusations or incidents of harassment in the  
               workplace solely to provide the following types of  
               services:

               i)     Recommendations for corrective action regarding  
                 harassment in the workplace.
               ii)    Assessments of harassment in the workplace.
               iii)   Harassment prevention workshops for management and  
                 employees.
               iv)    Written policies and procedures for harassment  
                 prevention in the workplace.








                                                                  SB 208
                                                                  Page  2


             a)   Has not previously been denied licensure in this state,  
               or any other state, and has not had his or her license  
               revoked by the Bureau of Security and Investigative  
               Services (BSIS) or a similar agency in any other state.

             a)   Maintains an office in the state.

          1)Provides that human resource professionals shall not have  
            access to confidential information available to PIs solely by  
            virtue of their PI license.

           EXISTING LAW  :

          1)Provides for licensure and regulation of private PIs by the  
            Bureau of Security and Investigative Services of the  
            Department of Consumer Affairs (DCA).

          2)Establishes experience and related qualifying criteria to be  
            licensed as a PI.

          3)Defines business activities of a PI for which a license is  
            required.

          4)Specifies persons who are exempt from PI licensure  
            requirements.  In particular, provides an exemption for  
            persons employed exclusively and regularly by any employer who  
            does not provide contract security services for other entities  
            or persons.

          5)Provides 14 exemptions from licensing requirements, including  
            persons who work regularly and exclusively for one employer,  
            government employees, attorneys, insurance adjusters and  
            others in the insurance business, banks and savings and loan  
            associations, persons who obtain information solely from  
            public records and others.

           FISCAL EFFECT  :   Unknown.  Legislative Counsel has keyed this  
          bill non-fiscal.

           COMMENTS  :

          The purpose of this bill is to exempt from the PI Act human  
          resource professionals who are independent contractors  
          investigating allegations of harassment in the workplace.   








                                                                  SB 208
                                                                  Page  3

          According to the author, under existing law, human resource  
          professionals who are employed in-house may investigate  
          workplace harassment incidents as part of their overall work,  
          which involves making recommendations for corrective action  
          regarding harassment, training management and employees on  
          harassment prevention, and preparing written policies and  
          procedures.  However, the author states that a recent  
          administrative interpretation of existing law concluded that  
          human resource professionals who are independent contractors can  
          not be employed to investigate workplace harassment incidents as  
          part of their overall work unless they have a PI license.  The  
          author believes this bill is necessary to allow independent  
          human resource professionals to conduct investigations in the  
          same fashion as in-house human resource professionals.   
          According to the author, independent contractors have conducted  
          such investigations dating back to the early eighties, and it is  
          only the recent administrative interpretation of law that is now  
          hindering their ability to perform the work they have  
          traditionally carried out.

          This bill's sponsor, Professionals in Human Resources  
          Association (PIHRA), claims there have been no significant  
          problems stemming from independent human resource professionals.  
           PIHRA argues that employers value the services provided by  
          independent human resource professionals that help resolve  
          harassment issues and help prevent incidents of workplace  
          harassment.  PIHRA claims that a human resource professional  
          investigates incidents of workplace harassment with an objective  
          dissimilar to that of a private investigator. The purpose is not  
          to piece together a case for legal proceedings, but rather to  
          get to the source of an incident, resolve the situation and  
          install provisions that will prevent further incidents from  
          occurring. 

          BSIS currently regulates approximately 9,539 licensed PI's in  
          the state.  Among the regulated, are those who make an  
          investigation for the purpose of obtaining information with  
          reference to: the identity, habits, conduct, business  
          occupation, honesty, integrity, credibility, knowledge,  
          trustworthiness, efficiency, loyalty, activity, movement,  
          whereabouts, affiliations, associations, transactions, acts,  
          reputation, or character of any person.
                    
          A PI applicant must be able to demonstrate three years (2,000  
          hours each year, totaling 6,000 hours) of compensated experience  








                                                                  SB 208
                                                                  Page  4

          in investigative work; or a law or police science degree plus  
          two years (4,000 hours) of experience; or an AA degree in police  
          science, criminal law, or justice plus 2 1/2 years (5,000 hours)  
          of experience.  In addition, an applicant must undergo a  
          thorough background check and pass a two-hour multiple-choice  
          examination covering laws and regulations, terminology, civil  
          and criminal liability, evidence handling, undercover  
          investigations, and surveillance.

          Last year, members of the Legislature requested DCA to review  
          the issue of subjecting human resource professionals to the PI  
          Act.  DCA determined that employers often contract with  
          independent human resource professionals to conduct  
          investigations into a variety of alleged unlawful  
          discrimination, inappropriate workplace conduct, including  
          unlawful sexual harassment and employee violations of policy or  
          procedures.  DCA ultimately concluded that under the PI Act,  
          independent contractors should be required to possess a valid PI  
          license issued by BSIS. 

          According to information provided by PIHRA, the Society for  
          Human Resource Management a national professional development  
          organization with over 150,000 members, issues two types of  
          certificates - the Professional in Human Resources Certification  
          and the Senior Professional in Human Resource Certification.   
          Both certifications are conferred after the applicant passes a  
          comprehensive, four-hour exam, which contains questions in all  
          aspects of human resources management, including workplace  
          investigations, staffing, recruitment, policies and procedures,  
          employee and labor relations, general employment practices,  
          compensation and benefits, and health, safety and security.

          Opponents argue that this bill eliminates several statutory  
          protections for employees.  The California Association of  
          Licensed Investigators (CALI), as well as individual private  
          investigators, claim this bill puts employee rights at risk  
          whether they are the person making the complaint of harassment  
          or the person who is the subject of the harassment complaint.   
          CALI believes all employees are entitled to a fair and unbiased  
          inquiry into allegations of misconduct conducted by a qualified  
          individual who is licensed by the state.  

          In particular, CALI argues that this bill would remove the  
          following statutory protections:









                                                                  SB 208
                                                                  Page  5

          1)Current law protects employees from substandard  
            investigations.  State law requires individuals who conduct  
            workplace investigations to have extensive experience and  
            training that is directly applicable to the investigation of  
            harassment claims.  Required training involves strategic  
            structuring of investigative questions, understanding of body  
            language as well as knowledge of objective interviewing  
            techniques.

          2)Current law protects privacy rights of employees.  State law  
            requires individuals who conduct workplace investigations to  
            maintain confidentiality of information that is obtained in an  
            investigation, and results of an investigation to be provided  
            only to their client and to courts in this state.

          3)Current law protects the legal rights of employees.  State law  
            requires individuals who conduct workplace investigations to  
            be educated in the rules of evidence and legal court  
            procedures.  This education is important when investigating a  
            claim of sexual harassment or any workplace misconduct that  
            may result in legal action.  Courts readily admit results of  
            their investigations into evidence, and the absence of bias is  
            critical.

          4)Current law protects employees from fraudulent investigations.  
             State law requires individuals who conduct workplace  
            investigations to be subject to oversight by DCA.  Private  
            investigators must pass a background check as well as  
            fingerprint checks by the Department of Justice and Federal  
            Bureau of Investigations.  PI's cannot engage in dishonest or  
            fraudulent activity and they are subject to criminal  
            prosecution for violations. 

           REGISTERED SUPPORT / OPPOSITION  :

           Support 

           Professionals in Human Resources Association (PIHRA) (sponsor) 
           California Chamber of Commerce
          California Retailers Association (CRA)
          California State Council of SHRM
          Humanasaurus - Human Resource Consultants
          Los Angeles County District Attorney's Office
           
            Opposition 








                                                                 SB 208
                                                                  Page  6

           
          1st Investigative Group
          21st Century Investigations
          AD young Investigative Agency
          AvantGuard Security Consulting
          B&R Enquiries
          B.P.J. Investigations
          Benchmark Investigations
          Bernard Georger Investigations, Inc.
          Berta & Associates
          Bill Thompson Investigations
          Bill Thompson Investigator
          Bob Peters Investigations
          Boykoff Investigations
          Brady Investigations
          Bruce A. Haskett & Associates Investigations
          Bryson Investigations
          Bulldog Investigative Services
          California Association of Licensed Investigators
          Cannon Street
          Central Point Investigations
          Cheryl A. Dorsey Investigations
          Chris Reynolds Investigations
          Christopher Webster Investigations
          Christopher Webster Investigations
          Clark & Co. Investigations
          Clear Perceptions
          Coast Guardian Investigations, Inc.
          Cody Investigative Group
          Command Presence Investigation Agency
          Confidential Research Company
          Cordis Bilingual Services
          Cynthia Erdelyi Investigations, CPI
          Descreet Investigative Group
          DGA Detectives
          Dias Investigations
          A.Donaldson Investigations
          DYJ D.Y. Jones & Associates Incorporated
          El Dorado Detective Agency
          Eshom Investigative Services
          Fountain Investigations
          Frasco Investigative Services
          G.A.B. Investigations
          Geraldi and Asssociates Private Investigations
          Ginter Investigations, Inc.








                                                                  SB 208
                                                                  Page  7

          Glickman Investigations
          Goldsmith Investigations
          Herrera Investigative Services, Inc.
          Inquire Investigative Services
          Integrated Insurance Investigations
          Intelle Quest Investigations
          Jean Kyles & Associates Private Investigations
          JGC Investigations
          jmn investigations
          Joseph T. Grills, Jr. Private Investigator/Drug Policy  
          Consultant
          JSM Enterprises
          Jus' T Investigations
          Kelly Investigative Agency
          Klopper Investigations
          Krout And Schnider, Inc.
          Lassen Investigative Services
          Law Offices of Charles H. Ervin
          Law Offices of Roy J. Fleischer, Sr.
          Magill & Associates
          Marvin T. Frost Investigations
          Mathis Investigations
          McCormick Investigations
          McReynolds & Associates Professionals Investigations
          Michael J. Martin Investigations
          Michael J. Martin Investigations
          Paula Drake Investigations
          Peace Officers Research Association of California (PORAC)
          Perrin Investigative Services
          Pexis Corporation Investigative Division
          PI Paul Ingels Investigations
          Pre-Employ.Com
          Private Investigative Services
          R.B. Smoke & Associates
          Rancho Santa Fe Protective Services, Inc.
          Rex Molitor Investigations
          Richard L. Barnes & Associates
          RRPI Insurance Service, Inc./Buckeye Claims Administrators
          Russel L. Bush Investigations
          S.C. Passanisi Investigations
          San Fernando Valley Chapter National Organization for Woman
          Sarkis Detective Agency
          Savala & Associates
          Shaw Investigations
          Shoreline Investigations








                                                                  SB 208
                                                                  Page  8

          Smyth Investigation Services, Inc.
          Source Investigations Group, Inc.
          Source Investigative Group, Inc.
          Southern California Media Guild --The Newspaper  
          Gild-Communication Workers of America-Local 39069 
          Steve J. Wachtel Private Investigator
          Stewart Investigative Services, Inc.
          Sunset West Investigations
          T.H. Taylor & Associates Private Investigations
          Tamara Thompson Investigations
          The Amherst Group
          The Lawrence & Eagleson Agency
          Thin Blue Line Investigations
          United Steelworkers of America - Local 8433
          W.F. Witten & Associates Investigative Consultants
          Wallace Investigative Services
          Walsh & Associates International Intelligence
          West Harbor Intelligence Inc.
          William Investigations
          William T. Doyle, Private Investigator

          Individual Private Investigators

           Analysis Prepared by  :    Chris L. Gallardo / B. & P. / (916)  
          319-3301