BILL ANALYSIS Ó
AB 921
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CONCURRENCE IN SENATE AMENDMENTS
AB
921 (Jones)
As Amended September 4, 2015
Majority vote
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|ASSEMBLY: | 78-0 | (May 14, |SENATE: |40-0 | (September 9, |
| | |2015) | | |2015) |
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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
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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
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"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
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