BILL ANALYSIS Ó AB 921 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 921 (Jones) As Amended September 4, 2015 Majority vote -------------------------------------------------------------------- |ASSEMBLY: | 78-0 | (May 14, |SENATE: |40-0 | (September 9, | | | |2015) | | |2015) | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: B. & P. SUMMARY: Establishes a Private Investigator Disciplinary Review Committee (DRC), to which a licensed private investigator under the Bureau of Security and Investigative Services (BSIS) may appeal the assessment of an administrative fine and the denial of a license, authorizes the inclusion of an applicant's email address in an application, and authorizes an applicant for a private investigator license to earn experience under a qualified manager, as specified. The Senate amendments: 1)Delay the implementation date of the DRC to July 1, 2017. 2)Authorize the DRC to affirm, rescind, or modify all decisions appealed to the DRC and grant a probationary license with AB 921 Page 2 respect to the appealed decisions. 3)Clarify that appellants may request a hearing after the DRC has reviewed the decision. 4)Clarify that a licensee may request an administrative hearing if a) he or she contests an assessment of an administrative fine, or to appeal a denial, suspension, or revocation of a license or b) if the appellant disagrees with the decision made by the DRC. 5)Authorize an applicant to earn investigation experience as an independent contractor under a qualified manager in addition to earning experience as an employee. FISCAL EFFECT: According to the Senate Appropriations Committee, this bill will result in: 1)Estimated Bureau of Security and Investigative Services (BSIS) costs of approximately $14,000 annually to hold four DRC hearings. 2)BSIS staff costs of approximately $33,000 annually for 0.5 Personnel Year of administrative workload associated with DRC activities. 3)Minor and absorbable costs to make necessary Information Technology changes to the BreEZe system. COMMENTS: Purpose. This bill is sponsored by the California Association of Licensed Investigators. According to the author, this bill AB 921 Page 3 "would amend the Private Investigator Act in the Business and Professions Code to require the establishment of a disciplinary review committee [DRC], to which a licensed private investigator could voluntarily opt into, to contest the assessment of an administrative fine or to appeal a denial of a license. "This bill would save the [DCA] money, and would also save licensees time and money if they chose to opt-in to the new disciplinary review committee to resolve their situation." Background. Current law provides for three DRCs within the BSIS. The Private Security Services Act establishes two DRCs, one in Northern California and one in Southern California, and the Alarm Company Act establishes one DRC. The DRCs provide their respective applicants and licensees an alternate path to consider appeals of the BSIS's decisions to deny, suspend, or revoke licenses, or assessments of administrative fines. This bill would create a similar DRC for licensed private investigators. Qualified Managers. Under existing law, applicants for a private investigator license must have varying amounts of investigative experience based on their education. However, the existing statute states that the education must be earned under an employer. According to the author, the BSIS has been interpreting the language to mean that experience earned as an independent contractor cannot count, because an independent contractor is not an employee. Therefore, this bill will amend the law to allow independent contractors to use experience earned under a qualified manager. Analysis Prepared by: Vincent Chee / B. & P. / (916) 319-3301 FN: 0002287 AB 921 Page 4