Amended in Assembly April 27, 2015

Amended in Assembly April 20, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 921

Introduced by Assembly Member Jones

February 26, 2015

An act to begin insert amend Section 7525.1 of, and to end insert add Section 7519.1 begin delete to end delete begin insert to, end insert the Business and Professions Code, relating to private investigators.

LEGISLATIVE COUNSEL’S DIGEST

AB 921, as amended, Jones. Private investigators: Disciplinary Review Committee.

The Private Investigator Act provides for the licensure and regulation of private investigators by the Bureau of Security and Investigative Services within the Department of Consumer Affairs and requires the Director of Consumer Affairs to administer and enforce the act. The act authorizes the director to deny, suspend, or revoke a license if the director determines, among other things, that any provision of the act was violated by the licensee. The act also authorizes the director to impose a civil penalty of no greater than $500 instead of suspending or revoking a license issued under the act for the violation of specified provisions if the director determines that the imposition of the civil penalty better serves the purposes of the act. begin insert The act requires an application for a license to be verified and include certain information, including, but not limited to, the full name and business address of the applicant. end insert

This bill would require the Governor to appoint a Private Investigator Disciplinary Review Committee, and would authorize the Governor to remove any member of the committee for misconduct, incompetency, or neglect of duty. The bill would require the committee to consist of 3 members actively engaged in the business of a licensed private investigator and 2 public members, as specified, and would require members to be appointed for a term of 4 years. The bill would require the committee to meet 60 days or more or less frequently as may be required, and would require that the members be paid per diem, as specified, and be reimbursed for actual travel expenses. The bill would authorize a person licensed under the act to appeal the assessment of an administrative fine to the committee, and would authorize a person denied a license under the act to appeal that denial to the committee, except as specified, if the appeal is in writing and made within 30 days of the assessment of the fine or denial of the license. The committee is required to notify the appellant in writing, by regular mail, of the committee’s decision within 30 days of that decision. The bill would also authorize the appellant to request a hearing, as specified, if the appellant disagrees with the committee’s decision regarding the appeal. begin insert The bill would also authorize an applicant to, at his or her discretion, include a valid email address on the application. end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 7519.1 is added to the Business and
Professions Code, immediately following Section 7519, to read:

7519.1.  

(a) The Governor shall appoint a Private Investigator
Disciplinary Review Committee, and may remove any member of
the committee for misconduct, incompetency, or neglect of duty.

(b) The committee shall consist of three members actively
engaged in the business of a licensed private investigator and two
public members. The public members shall not be licensees or
registrants, or engage in any business or profession in which any
part of the fees, compensation, or revenue thereof, is derived from
any licensee.

(c) The committee shall meet every 60 days or more or less
frequently as may be required. The members shall be paid per diem
pursuant to Section 103 and shall be reimbursed for actual travel
expenses. The members shall be appointed for a term of four years.

(d) A person licensed with the department under this chapter
may appeal the assessment of an administrative fine to the
committee. A person denied a license under this chapter may appeal
the denial of a license to the committee, unless the denial of a
license is ordered by the director in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title
2 of the Government Code.

(e) A request for an appeal to the committee shall be made in a
written notice to the department within 30 days of the assessment
of an administrative fine or denial of a license.

(f) Following review by the committee of the appeal, the
appellant shall be notified in writing, by regular mail, within 30
days of the committee’s decision on the appeal.

(g) If the appellant disagrees with the decision made by the
committee, the appellant may request a hearing in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division
3 of Title 2 of the Government Code. A request for such a hearing
shall be made by written notice to the department within 30 days
following notice of the committee’s decision.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 7525.1 of the end insert begin insert Business and Professions Code end insert begin insert ,
as amended by Section 4 of Chapter 669 of the Statutes of 2014,
is amended to read: end insert

7525.1.  

An application shall be verified and shall include:

(a) The full name and business address of the applicant.

(b) The name under which the applicant intends to do business.

(c) A statement as to the general nature of the business in which
the applicant intends to engage.

(d) A verified statement of his or her experience qualifications.

(e) (1) If the applicant is an individual, a qualified manager, a
partner of a partnership, an officer of a corporation designated in
subdivision (h), or a managing member of a limited liability
company designated in subdivision (i), one personal identification
form provided by the bureau upon which shall appear a photograph
taken within one year immediately preceding the date of the filing
of the application together with two legible sets of fingerprints,
one set of which shall be forwarded to the Federal Bureau of
Investigation for purposes of a background check, on a form
approved by the Department of Justice, and a personal description
of each person, respectively. The identification form shall include
residence addresses and employment history for the previous five
years and be signed under penalty of perjury.

(2) The bureau may impose a fee not to exceed three dollars
($3) for processing classifiable fingerprint cards submitted by
applicants, excluding those submitted into an electronic fingerprint
system using electronic fingerprint technology.

(f) In addition, if the applicant for a license is an individual, the
application shall list all other names known as or used during the
past 10 years and shall state that the applicant is to be personally
and actively in charge of the business for which the license is
sought. If any other qualified manager is to be actively in charge
of the business, the application shall be subscribed, verified, and
signed by the applicant, under penalty of perjury. If any other
person is to be actively in charge of the business, the application
shall also be subscribed, verified, and signed by that person under
penalty of perjury.

(g) If the applicants for a license are copartners, the application
shall state the true names and addresses of all partners and the
name of the partner to be actively in charge of the business for
which the license is sought and list all other names known as or
used during the past 10 years. If a qualified manager other than a
partner is to be actively in charge of the business, then the
application shall be subscribed, verified, and signed by all of the
partners under penalty of perjury. If any other person is to be
actively in charge of the business, the application shall also be
subscribed, verified, and signed by that person, under penalty of
perjury, under penalty of perjury by all of the partners and the
qualified manager, or by all of the partners or the qualified
manager.

(h) If the applicant for a license is a corporation, the application
shall state the true names and complete residence addresses of the
chief executive officer, secretary, chief financial officer, and any
other corporate officer who will be active in the business to be
licensed. The application shall also state the name and address of
the designated person to be actively in charge of the business for
which the license is sought. The application shall be subscribed,
verified, and signed by a duly authorized officer of the applicant
and by the qualified manager thereof, under penalty of perjury.

(i) If the applicant for a license is a limited liability company,
the application shall state the true name and complete residence
address of each managing member and any other officer or member
who will be active in the business to be licensed. A copy of the
most recent articles of organization, as filed by the Secretary of
State, shall be supplied to the bureau upon request. The application
shall also state the name and residence address of the designated
person to be actively in charge of the business for which the license
is sought. The application shall be subscribed, verified, and signed
by a duly authorized member of the applicant under penalty of
perjury.

(j) Any other information, evidence, statements, or documents
as may be required by the director.

begin insert

(k) At the discretion of the applicant, a valid email address.

end insert begin delete

(k)

end delete

begin insert (l) end insert  This section shall remain in effect only until January 1, 2018,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2018, deletes or extends that date.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 7525.1 of the end insert begin insert Business and Professions Code end insert begin insert ,
as added by Section 5 of Chapter 669 of the Statutes of 2014, is
amended to read: end insert

7525.1.  

An application shall be verified and shall include:

(a) The full name and business address of the applicant.

(b) The name under which the applicant intends to do business.

(c) A statement as to the general nature of the business in which
the applicant intends to engage.

(d) A verified statement of his or her experience qualifications.

(e) (1) If the applicant is an individual, a qualified manager, a
partner of a partnership, or an officer of a corporation designated
in subdivision (h), one personal identification form provided by
the bureau upon which shall appear a photograph taken within one
year immediately preceding the date of the filing of the application
together with two legible sets of fingerprints, one set of which
shall be forwarded to the Federal Bureau of Investigation for
purposes of a background check, on a form approved by the
Department of Justice, and a personal description of each person,
respectively. The identification form shall include residence
addresses and employment history for the previous five years and
be signed under penalty of perjury.

(2) The bureau may impose a fee not to exceed three dollars
($3) for processing classifiable fingerprint cards submitted by
applicants, excluding those submitted into an electronic fingerprint
system using electronic fingerprint technology.

(f) In addition, if the applicant for a license is an individual, the
application shall list all other names known as or used during the
past 10 years and shall state that the applicant is to be personally
and actively in charge of the business for which the license is
sought. If any other qualified manager is to be actively in charge
of the business, the application shall be subscribed, verified, and
signed by the applicant, under penalty of perjury. If any other
person is to be actively in charge of the business, the application
shall also be subscribed, verified, and signed by that person under
penalty of perjury.

(g) If the applicants for a license are copartners, the application
shall state the true names and addresses of all partners and the
name of the partner to be actively in charge of the business for
which the license is sought and list all other names known as or
used during the past 10 years. If a qualified manager other than a
partner is to be actively in charge of the business, then the
application shall be subscribed, verified, and signed by all of the
partners under penalty of perjury. If any other person is to be
actively in charge of the business, the application shall also be
subscribed, verified, and signed under penalty of perjury by that
person, by all of the partners and the qualified manager, or by all
of the partners or the qualified manager.

(h) If the applicant for a license is a corporation, the application
shall state the true names and complete residence addresses of the
chief executive officer, secretary, chief financial officer, and any
other corporate officer who will be active in the business to be
licensed. The application shall also state the name and address of
the designated person to be actively in charge of the business for
which the license is sought. The application shall be subscribed,
verified, and signed by a duly authorized officer of the applicant
and by the qualified manager thereof, under penalty of perjury.

(i) Any other information, evidence, statements, or documents
as may be required by the director.

begin insert

(j) At the discretion of the applicant, a valid email address.

end insert begin delete

(j)

end delete

begin insert (k) end insert  This section shall become operative on January 1, 2018.