BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
202 (Harman)
Hearing Date: 5/11/2009 Amended: 5/5/2009
Consultant: Bob Franzoia Policy Vote: B,P&ED 10-0
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BILL SUMMARY: SB 202, relating to private investigators, would
do the following:
- Beginning January 1, 2013, require any licensed private
investigator to complete 12 hours of continuing education, as
specified, in order to renew his or her license.
- Provide that licensees renewing between January 1, 2012 and
January 1, 2013 shall complete six hours of continuing
education.
- Exempt specified licensees based on age and activity status.
- Permit the Department of Consumer Affairs (DCA) to suspend a
licensee found not to be in compliance with the continuing
education requirements.
- Permit DCA to audit the records of any licensee to verify
compliance with the continuing education requirements.
- Require continuing education providers (CEPs) to obtain DCA
approval.
- Require DCA to convene a review panel to consult in the
approval of CEPs and course content and to develop criteria for
course providers and course content.
- Authorize DCA to charge a fee to CEPs, in an amount not to
exceed DCA's direct costs and for no more than an unspecified
amount of dollars per CEP.
- Specify that the fee for a license may not exceed $195 (up
from $175) and the fee for a license renewal may not exceed $145
(up from $125).
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Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11 2011-12 Fund
Development of criteria for $17 $41
$154Special*
continuing education courses $212
ongoing
and course providers
Increase in license and($55) ($110) ($145) Special*
license renewal fees ($179 ongoing)
* Private Investigator Fund
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STAFF COMMENTS:
On page 5, lines 6 to 12, this bill grants DCA the discretion to
establish and charge a fee to cover the direct costs of the
statutorily required activities of approving CEPs, performing
audits, and developing criteria for CEPs and course content.
Staff notes the discretionary nature of the fee and unnecessary
and unspecified dollar amount per CEP creates uncertainty.
Staff recommends this provision be amended as follows to require
the fee, thus ensuring funding, and to reduce potentially
conflicting provisions:
(4) The department may shall establish and charge a fee,
to be paid by CEPs, in an amount not to exceed the department's
direct costs, and for no more than ____ ($___)
Page 2
SB 202 (Harman)
dollars per CEP, in implementing the provisions of this section
that require the department to approve CEPs and to perform
audits, as described in subdivision (g), and to develop criteria
for course providers and course content, as described in
subdivision (h).
This bill is similar to SB 1282 (Margett) which was vetoed by
the Governor with the following message:
The historic delay in passing the 2008-09 State Budget has
forced me to prioritize the bills sent to my desk at the end of
the year's legislative session. Given the delay, I am only
signing bills that are the highest priority for California.
This bill does not meet that standard and I cannot sign it at
this time.