BILL ANALYSIS Ó
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Jerry Hill, Chair
2015 - 2016 Regular
Bill No: AB 2632 Hearing Date: June 6,
2016
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|Author: |Olsen |
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|Version: |April 18, 2016 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Mark Mendoza |
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Subject: Private investigators: experience for licensure
SUMMARY: Specifies that work as an investigative reporter whose
experience is comprised of primary investigations is included as
required experience for qualification for the Private
Investigators licensure examination.
Existing law:
1)Establishes the Bureau of Security and Investigative Services
(Bureau) within the Department of Consumer Affairs (DCA).
(Business and Professions Code (BPC) § 6980.1)
2)Provides for the licensure and regulation of Private
Investigators (PIs) under the Private Investigator Act under
the Bureau. (Business and Professions Code (BPC) §§ 7512 -
7514)
3)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) Authorizes persons trained as investigative reporters and
employed by a media source, as specified, to count hours
spent in investigative journalism to apply towards the 6,000
hour requirement to sit for the PI exam.
2) Defines "primary investigation" as original and in-depth
research and analysis involving multiple sources, including,
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but not limited to, public records, databases, archives,
published and unpublished documents, witnesses, informers,
whistleblowers, public officials, and experts, to produce
investigative projects.
3) Makes other various technical changes.
FISCAL EFFECT: This bill is keyed fiscal by Legislative
Counsel. According to the Assembly Committee on Appropriations
analysis dated May 4, 2016, this bill will result in minor
initial increases in revenue to the Bureau, with minimal
increases every two years for renewals due to an increased
number of qualified applicants and will result in minor and
absorbable costs for changes to the BreEZe system.
COMMENTS:
1. Purpose. The California Association of Licensed
Investigators is the sponsor of this bill. According to the
Author, this bill "will ensure that the important work
performed by investigative journalists will not be overlooked
when these individuals look to apply for full licensure as
private investigators."
2. The Bureau of Security and Investigative Services. The
private security industry in this country dates back to the
19th century with private citizens performing many duties
that today are associated with Federal and state law
enforcement. The growth in the number of individuals and
breadth of activities performed (such as guarding railroad
shipments, detective work to investigate crimes, tracking
down and apprehending criminals, and providing security
advice to banks) was integral in determining that regulation
of the industry was necessary.
In California, regulatory oversight of the private security
industry began in 1915 with the creation of the Detective
Licensing Board under the State Board of Prison Directors to
license and regulate private detectives. The Detective
Licensing Board was subsequently renamed the Detective
Licensing Bureau, and today its statutes are known as the
Private Investigator Act. In 1955, the Detective Licensing
Bureau became the Bureau of Private Investigators and
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Adjustors that in 1970 was combined with the Collection
Agency Licensing Bureau and renamed the Bureau of Collection
and Investigative Services. As a result of legislation (AB
936, Chapter 1263, Statutes of 1993), the Bureau of
Collection and Investigative Services was formally renamed
the Bureau of Security and Investigative Services. The
Bureau regulates the Alarm Company Act; Locksmith Act;
Private Investigator Act; Private Security Services Act;
Proprietary Security Services Act and; Collateral Recovery
Act.
3. Qualifications for PI Exam. 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.
4. Arguments in Support. The California Association of Licensed
Investigators (Sponsors) argue that, "BSIS has already begun
denying applications to those who have worked as
investigative journalists, but have not yet obtained a
private investigator license. Current law limits the
activities that an individual may use to satisfy the time
requirement to just seven. Work performed as an investigative
reporter is not among them. To provide clarity, this bill
will add an additional provision that permits prospective
licensees to count hours spent in investigative journalism to
apply towards the 6,000 hour requirement. This new provision
will ensure that the important work performed by
investigative journalists will not be overlooked when these
individuals look to apply for full licensure as private
investigators."
SUPPORT AND OPPOSITION:
Support:
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The California Association of Licensed Investigators (Sponsor)
Opposition:
None on file as of May 31, 2016.
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