BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 2632|
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                                   THIRD READING 


          Bill No:  AB 2632
          Author:   Olsen (R), et al.
          Amended:  4/18/16 in Assembly
          Vote:     21 

           SENATE BUS., PROF. & ECON. DEV. COMMITTEE:  8-0, 6/6/16
           AYES:  Hill, Bates, Block, Gaines, Galgiani, Hernandez,  
            Mendoza, Wieckowski
           NO VOTE RECORDED:  Jackson

           SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           ASSEMBLY FLOOR:  78-0, 5/12/16 (Consent) - See last page for  
            vote

           SUBJECT:   Private investigators:  experience for licensure


          SOURCE:    The California Association of Licensed Investigators


          DIGEST:  This bill 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.


          ANALYSIS:  

          Existing law:

          1)Establishes the Bureau of Security and Investigative Services  
            (Bureau) within the Department of Consumer Affairs.  (Business  








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            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.  (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  
               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 Recovery 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.







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             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,  
            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.


          Background
          
          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 bill's 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.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No









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          SUPPORT:   (Verified6/21/16)




          The California Association of Licensed Investigators (source)




          OPPOSITION:   (Verified6/21/16)


          None received


          ARGUMENTS IN SUPPORT:     The California Association of Licensed  
          Investigators (sponsor) argues that, "BSIS [Bureau of Security  
          and Investigative Services] 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."


          ASSEMBLY FLOOR:  78-0, 5/12/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, 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, Kim, Lackey, Levine, Linder,  
            Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,  
            Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,  
            Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago,  







                                                                    AB 2632  
                                                                    Page  5


            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Rendon
          NO VOTE RECORDED:  Burke, Jones-Sawyer

          Prepared by:Mark Mendoza / B., P. & E.D. / (916) 651-4104
          6/22/16 15:15:05


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