BILL ANALYSIS Ó
AB 2632
Page 1
Date of Hearing: April 12, 2016
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Rudy Salas, Chair
AB 2632
(Olsen) - As Amended March 18, 2016
SUBJECT: Private Investigators: experience for licensure.
SUMMARY: Includes, for experience required to qualify for the
Private Investigators (PI) licensure examination, work as an
investigative reporter whose experience is comprised of primary
investigations, as defined, and who meet additional specified
requirements.
EXISTING LAW:
1)Provides for the licensure and regulation of PIs under the
Private Investigator Act. (Business and Professions Code
(BPC) §§ 7512 - 7514)
2)Provides that experience for purposes of taking the
examination for licensure as a private investigator shall be
limited to those activities actually performed in connection
with investigations, as defined in BPC § 7521, and only if
those activities are performed by persons who are employed or
managed in the following capacities: (BPC § 7541.1)
a) Sworn law enforcement officers possessing powers of
arrest and employed by agencies in the federal, state, or
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local government.
b) Military police of the armed forces of the United States
or the National Guard.
c) An insurance adjuster or their employees subject to the
Insurance Adjuster Act (Insurance Code § 14000 - 14099).
d) Persons employed by a private investigator who are duly
licensed in accordance with this chapter, or managed by a
qualified manager in accordance with BPC § 7536.
e) Persons employed by repossessors duly licensed in
accordance with the Collateral Recover Act (BPC §§ 7500 -
7511), only to the extent that those persons are routinely
and regularly engaged in the location of debtors or the
location of personal property utilizing methods commonly
known as "skip tracing." For purposes of this section, only
that experience acquired in that skip tracing shall be
credited toward qualification to take the examination.
f) Persons duly trained and certified as an arson
investigator and employed by a public agency engaged in
fire suppression.
g) Persons trained as investigators and employed by a
public defender to conduct investigations.
THIS BILL:
1)Defines "distinct investigative unit" as an investigative team
of any size reporting to an editor or supervisor responsible
for managing the projects. An individual reporter may
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constitute a distinct investigative unit.
2)Defines "investigative projects" as the work of investigative
teams or individuals engaged in original reporting.
3)Defines "primary investigation" as original research and
reporting involving a number of sources, including, but not
limited to, public records, databases, archives, published and
unpublished documents, witnesses, informers, whistleblowers,
public officials, and experts, to produce stories or reports
with new information of interest or importance to the public.
4)Authorizes, for purposes of experience for qualifying for a PI
licensing exam, persons trained as investigative reporters
whose experience is comprised of primary investigations and
who meet any of the following:
a) The person was as an employee in a distinct
investigative unit.
b) The person's primary role was in a news organization
producing investigative projects.
c) The person conducted primary investigations for a media
source as defined in Evidence Code § 1070.
FISCAL EFFECT: Unknown. This bill is keyed fiscal by the
Legislative Counsel.
COMMENTS:
Purpose. This bill is sponsored by the California Association
of Licensed Investigators . According to the author, this bill
"will ensure that the important work performed by investigative
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journalists will not be overlooked when these individuals look
to apply for full licensure as private investigators."
Background. Existing law provides that applicants for the PI
licensing exam must complete a minimum of three years of
investigation work (2,000 hours per year) in specified
investigatory work before being eligible to take the licensing
exam. According to the sponsor, several of its members have
been permitted to count their experience in investigative
journalism towards their license requirements. However, the
sponsor also states that this is no longer the case, and several
applications that have included investigative journalism have
been denied. Therefore, since investigative journalism is not
included in the authorized professions, this bill will add
investigative journalism and specify the types of work and
employment.
AMENDMENT(S):
The author should make the following clarifying amendments:
1)Page 2, strike lines 32-33, and after "reporters" insert:
and employed by a media source, as defined in Section 1070 of
the Evidence Code, whose investigative journalism experience
is comprised of conducting primary investigations and
producing investigative projects
1)Page 3, strike lines 1-6, inclusive.
2)Page 3, strike lines 9-12, inclusive.
3)Page 3, strike lines 15-20 and insert:
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"Primary investigation" means original and in-depth research
and analysis involving multiple sources, including, but not
limited to, public records, databases, archives, published and
unpublished documents, witnesses, informers, whistleblowers,
public officials, and experts, to produce investigative
projects.
REGISTERED SUPPORT:
California Association of Licensed Investigators, Inc. (sponsor)
REGISTERED OPPOSITION:
None on file.
Analysis Prepared by:Vincent Chee / B. & P. / (916) 319-3301