BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 202|
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THIRD READING
Bill No: SB 202
Author: Harman (R), et al
Amended: 5/14/09
Vote: 21
SENATE BUSINESS, PROF. & ECON. DEV. COMM. : 10-0, 4/27/09
AYES: Negrete McLeod, Wyland, Aanestad, Corbett, Correa,
Florez, Oropeza, Romero, Walters, Yee
SENATE APPROPRIATIONS COMMITTEE : 13-0, 5/11/09
AYES: Kehoe, Cox, Corbett, Denham, DeSaulnier, Hancock,
Leno, Oropeza, Runner, Walters, Wolk, Wyland, Yee
SUBJECT : Private investigators: continuing education
SOURCE : California Association of Licensed
Investigators
DIGEST : This bill requires licensed private
investigators, as a condition of license renewal, to
complete 12 hours of continuing education (CE) in privacy
rights, professional ethics, recent legal developments
relating to private investigators, and other subjects
related to private investigators. This bill requires the
private investigator to submit to the Bureau of Security
and Investigative Services a sworn statement of completion
of the CE, requires retention of specified CE records by
providers and licensees, and requires providers to follow
certain specified standards. In addition, this bill raises
the license fee to $195 and the license renewal fee to
CONTINUED
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$145.
ANALYSIS :
Existing law:
1. Provides for the licensure and regulation of private
investigators (PIs) by the Bureau of Security and
Investigative Services (Bureau) within the Department of
Consumer Affairs (DCA).
2. Defines a "private investigator" as a person who, for
any consideration, provides protective (bodyguard)
services or who makes any investigation for the purpose
of obtaining information regarding specified types of
information including crimes, information about persons,
the location of lost or stolen property, the cause or
responsibility for fires or damage or injury to persons
or property, securing evidence for judicial proceedings,
or information regarding employees' integrity, honesty,
breach of rules or other standards of job performance.
3. Requires an applicant for licensure as a PI to:
A. Be 18 or older.
B. Undergo a criminal history background check
through the Department of Justice and the Federal
Bureau of Investigation.
C. Have three years (2,000 hours each year, totaling
6,000 hours) of compensated experience in
investigative work or a law or police science degree
plus two years (4,000 hours) of experience, or an
Associate of Arts degree in police science, criminal
law, or justice and two and one-half years (5,000
hours) of experience. The experience must be
certified by the employer and have been received
while the applicant was employed as a sworn law
enforcement officer, military police officer,
insurance adjuster, employee of a licensed PI or
repossessor, arson investigator for a public fire
suppression agency, or employed by a public defender.
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D. Pass a two-hour multiple choice examination
covering laws and regulations, terminology, civil and
criminal liability, evidence handling, undercover
investigations and surveillance.
E. Pay an application and examination fee not to
exceed $50, and a license fee not to exceed $175
(currently set through regulation at the $175
statutory maximum).
4. Provides that a PI license is valid for two years and
requires the licensee to pay a renewal fee of not more
than $125 (currently set through regulation at the $125
statutory maximum).
5. Establishes the Private Investigator Fund (Fund), as a
separate "special fund" for the receipt of all revenue
generated under the PI licensing law. Requires that all
money in the Fund be expended in accordance with the law
by the Bureau for the purpose of carrying out the
provisions of the PI licensing law when appropriated by
the Legislature.
6. Provides that the Bureau shall consider requiring, and
may require, an applicant for initial licensure to
submit proof of satisfactory completion of a course in
professional ethics, and may specify which courses and
course providers satisfy the requirement.
7. Provides that if the Bureau determines that a separate
professional ethics examination is necessary, the bureau
shall require that current licensees take the separate
professional ethics examination if appropriate.
This bill:
1. Requires licensed PIs, as a condition of license
renewal, beginning on or after January 1, 2013, to
complete 12 hours of CE in specified subjects: two
hours on privacy rights, two hours on professional
ethics, two hours on recent legal developments relating
to PIs, and six hours on any subject relating to PIs.
2. Requires licensees renewing their licenses during 2012
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to complete six hours of CE in specified subjects: two
hours on privacy rights, two hours on professional
ethics, and two hours on recent legal developments
relating to PIs. However, this bill exempts PIs who are
retired peace officers, as defined by existing law, who
have been retired for less than one year, and whose PI
license is subject to renewal during 2012, from this CE
requirement.
3. Requires a licensee to submit to DCA a signed statement
with the license renewal application attesting that
he/she has completed the specified CE requirements.
4. Requires a licensee to maintain copies of certificates
demonstrating completion of required CE courses for five
years.
5. Authorizes DCA to suspend, for 60 days, the license of a
PI for failure to comply with the CE requirements, and
revoke the license at that time unless the required CE
is completed and documented.
6. Authorizes DCA to audit the records of any licensee to
verify completion of the CE requirement.
7. Exempts from the mandatory CE requirements:
A. Licensed individuals at least 70 or older who have
been licensed in good standing for a minimum of 25
consecutive years.
B. Inactive licensed investigators, defined as a
licensee who has informed DCA that he/she will not be
performing activities that require licensure, and who
does not perform such activities. Permits an
inactive licensed investigator to become an active
licensee upon payment of the regular renewal fee and
submitting to DCA a signed statement of completion of
the specified 12 hours of required CE.
C. Peace officers, as specified.
8. Requires DCA to develop a procedure for approving CE
providers (CEPs), convene a review panel to consult with
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to assist DCA in its consideration and approval of CEPs
and course content, and develop criteria for CEPs and CE
courses.
9. Requires DCA to establish and charge a fee, to be paid
by CEPs, in an amount not to exceed DCA's direct costs
in implementing the provisions of this bill that require
DCA to approve CEPs, to perform audits, and to
development criteria for course providers and course
content.
10.Requires CEPs to obtain DCA approval to provide required
CE courses, submit a course description and curriculum
vitae of course instructors for review and approval by
DCA, maintain a record of course sign-in forms, sign-out
forms, student enrollment, copies of certificates of
completion, and course outlines for a period of five
years, and agree to audits performed by DCA.
11.Authorizes the Director of DCA to revoke or deny the
right of a CEP to offer the required PI CE courses for
failure to comply with any of these requirements.
12.Specifies that CEPs in good standing with courses
approved by the California Commission on Peace Officers
Standards and Training may offer CE without approval
from DCA.
13.Specifies that a renewal applicant, or an inactive
licensee applying for an active license, who is required
to sign a statement attesting to their compliance with
the CE requirements of this bill, who knowingly signs a
false statement is subject to a civil penalty of up to
$10,000 and license suspension for up to one year. Any
public prosecutor may bring the civil action.
14.Increases the maximum limit for initial license fees
from $175 to $195 and for renewal license fees from $125
to $145.
Background
Currently there are over 25 classes of professions or
occupations licensed by the various licensing boards and
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bureaus within DCA that are required to complete CE courses
related to their profession. However, PIs currently are
not required to take any CE as a condition of license
renewal. Requiring mandatory CE for license renewal is
justified when it is considered necessary in order to
maintain a licensee's minimal satisfactory level of
competence in his/her occupation.
Prior legislation . This bill is a reintroduction of last
year's SB 1282 (Margett) which was one of an unprecedented
number of bills that were vetoed by the Governor citing the
delay in passing the Budget. The bill passed the Senate
with a vote of 35-3.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11 2011-12 Fund
Development of criteria for $17
$41$154Special*
CE courses/course providers $212
ongoing
Increase in license and ($55) ($110)
($145)Special*
license renewal fees ($179 ongoing)
* Private Investigator Fund
SUPPORT : (Verified 5/14/09)
California Association of Licensed Investigators (source)
Adelanto Committee of Los Angeles
California Attorneys for Criminal Justice
National Organization for Women, San Fernando
Valley/Northeast Los Angeles
Privacy Rights Clearinghouse
OPPOSITION : (Verified 5/14/09)
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Capitol City Investigations
Numerous private investigators and private investigator
firms
ARGUMENTS IN SUPPORT : The California Association of
Licensed Investigators, Inc. (CALI) forwarded 130-plus
letters from various private investigation corporations,
individual licensed investigators, and lawyers expressing
support of this bill. The backers argue that (1) many new
laws affecting PIs have been passed, (2) there is currently
no law mandating CE for PIs, and (3) PIs should be educated
in the new laws.
According to CALI and other supporters, there are
significant legal changes which cover, among other things,
the protection of sensitive personal information,
prohibitions against false impersonation to obtain
information, and measures to prevent identity theft. Since
most PIs received their licenses prior to the passage of
these new laws, CALI argues that CE is needed to make
investigators aware of ongoing evolution of the law. CALI
argues that CE on the law and other topics, as required by
this bill, will result in better trained investigators,
benefiting the public by giving it some measure of
assurance that the PI knows relevant laws.
ARGUMENTS IN OPPOSITION : Capitol City Investigations
state their opposition to this bill due to poor economic
timing, no recognition of law enforcement experience or
training, there is no recognized problem being addressed,
the bill might cause revenue short-falls, similar bills
were vetoed in the past, and general problems in DCA. The
opposition also expresses concern that there are conflict
of interest issues with the sponsor of the bill.
JJA:mw 5/14/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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