BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 921|
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THIRD READING
Bill No: AB 921
Author: Jones (R)
Amended: 8/20/15 in Senate
Vote: 21
SENATE BUS, PROF. & ECON. DEV. COMMITTEE: 9-0, 6/22/15
AYES: Hill, Bates, Berryhill, Block, Galgiani, Hernandez,
Jackson, Mendoza, Wieckowski
SENATE APPROPRIATIONS COMMITTEE: 7-0, 7/13/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
ASSEMBLY FLOOR: 78-0, 5/14/15 (Consent) - See last page for
vote
SUBJECT: Private investigators: Disciplinary Review
Committee: licensure
SOURCE: California Association of Licensed Investigators
DIGEST: This bill establishes a Private Investigator
Disciplinary Review Committee within the Bureau of Security and
Investigative Services, authorizes an applicant applying for an
original license or renewal of a license as a private
investigator to put his or her email address on the application,
and authorizes a private investigator qualified manager to
certify the work experience of an applicant for a private
investigator license.
AB 921
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Senate Floor Amendments of 8/20/15 clarify that a qualified
manager (QM) who manages an applicant for a Private Investigator
(PI) license and who is authorized to verify the required hours
of work experience for that applicant, must have also directly
overseen the work and experience of that applicant.
ANALYSIS:
Existing law:
1) Defines a "private investigator" as a person, firm, company,
association, partnership, or corporation, other than an
insurance adjuster, who engages in business to protect
persons or makes investigations for the purpose of obtaining
information with reference to crime or wrong-doings against
the United States of America, the identity or character of
any person, the cause or responsibility for fires, libels, or
injury to persons or property, the location or recovery of
lost or stolen property, and the securing of evidence to be
used in court or investigating committee. (BPC § 7521)
2) Requires that applicants for a PI license complete 2,000
hours of actual compensated work. (BPC § 7541)
3) Authorizes an employer to certify an applicant's completion
of work experience hours required for licensure. (BPC §
7541)
4) States that a QM shares in the responsibility and any
liability for conduct of the business of the licensee and the
actions of the employees and other personnel of the licensee.
(BPC § 7536)
This bill:
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1) Establishes a Private Investigator Disciplinary Review
Committee (DRC) within the Bureau of Security and
Investigative Services (Bureau) to review a request from a
licensee to contest an administrative fine or appeal the
denial of a license.
a) The members of the DRC will consist of five members
appointed by the Governor: three members actively engaged
in the business of licensed private investigation and two
public members. Each member of the DRC will be appointed
for a term of four years.
b) Requires a licensee or applicant for a license, to
request review by written notice to the DRC within 30 days
of the issuance of a citation and requires the DRC to
notify the appellant within 30 days of the review of the
DRC's decision.
c) Requires the DRC to meet every 60 days or as
frequently required and authorizes members of the DRC to
be paid per diem and reimbursed for actual travel
expenses.
d) This DRC will become operative on July 1, 2017.
2) Authorizes an applicant applying for licensure or renewal as
a PI to put his or her email address on the application at
his or her discretion.
3) Authorizes a QM who manages and directly oversees an
applicant for a PI license to verify the required hours of
work experience of that applicant.
Background
DRCs. In the Bureau's March sunset report, it noted, "To
maximize the efficiency of its disciplinary activities, the
Bureau ensures that those licensees eligible to have their
appeals heard by an established DRC are properly notified of
this option in a timely manner. Each year, approximately 900
Bureau licensees request an appeal of their denials,
suspensions, or imposition of fines through DRCs."
Currently, there are two established DRCs in the Private
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Security Act and one DRC established in the Alarm Company Act.
This bill will establish a DRC in the Private Investigator Act.
Email Addresses. The current application for a new or renewed
PI license does not allow for the addition of an email address,
as there is no space for an applicant to fill one in. As email
has become an almost primary means of communication, the
industry feels that this should be reflected in an update to the
license application. This bill will allow an applicant for a new
or renewed PI license to use a business email address on his or
her application at his or her discretion.
Experience Hours Verification. Under current law, only an
employer of an applicant for a PI license is authorized to
verify that the applicant has completed all 2,000 required work
experience hours. However, it is common practice in the
industry for an applicant to work under a QM as a private
contractor. A QM managing and overseeing the activities of an
applicant would not be considered an employer. Therefore, an
applicant's accumulated experience hours would not count toward
the 2,000 required work experience hours. This bill will
clarify that a QM who manages and directly oversees an applicant
for a PI license is authorized to verify the required hours of
work experience for that applicant.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
According to the Senate Appropriations Committee:
Estimated costs to the Bureau of approximately $14,000
annually to hold four DRC hearings from the Private
Investigator Fund.
Staff costs to the Bureau of approximately $33,000 annually
for 0.5 PY of administrative workload associated with DRC
activities from the Private Investigator Fund.
Minor and absorbable costs to make necessary information
technology changes to the BreEZe system from the Private
Investigator Fund.
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SUPPORT: (Verified8/25/15)
California Association of Licensed Investigators (source)
OPPOSITION: (Verified8/25/15)
None received
ARGUMENTS IN SUPPORT: Writing in support of the bill, the
California Association of Licensed Investigators states, "AB 921
would amend the Private Investigator Act in the Business and
Professions Code to require the establishment of a disciplinary
review committee? This option could save the licensee time as
the matter could be resolved more quickly. A licensee who
disagrees with a DRC decision would be able to return to the
current process?In addition, AB 921 would amend Section 7525.1?
This provision has not been revised to allow for an email
address be provided. It is in the best interest of the consumer
that an applicant for an original or renewed licensed private
investigator license provides the state with a business email
address."
ASSEMBLY FLOOR: 78-0, 5/14/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,
Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,
Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,
Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Lopez, Low,
Maienschein, Mathis, Mayes, McCarty, Melendez, Mullin,
Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,
Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,
Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,
Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Linder, Medina
Prepared by:Janelle Miyashiro / B., P. & E.D. / (916) 651-4104
8/26/15 16:16:18
AB 921
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