HB 75 — Relating to the Alabama Private Investigation Regulatory Act; to designate as Article 1, Sections 34-25B-1 to 34-25B-29, inclusive, Code of Alabama 1975; to amend Sections 34-25B-2, 34-25B-3, 34-25B-4, 34-25B-7, 34-25B-10, 34-25B-11, 34-25B-12, 34-25B-13, 34-25B-14, 34-25B-17, 34-25B-18, 34-25B-21, 34-25B-22, and 34-25B-26 of the Code of Alabama 1975, relating to the Alabama Private Investigation Board; to add Section 34-25B-12.1 and add a new Article 2, commencing with Section 34-25B-50 to Chapter 25B, Title 34 of the Code of Alabama 1975; to require applicants for private investigator licenses to complete education and work experience; to clarify those fees collected by the board that must be deposited into the Alabama Private Investigation Board Fund; to provide further for the qualifications for licensure as a private investigator; to provide further for criminal history background checks for applicants for licensure; to authorize the board to grant inactive status to licensees and to provide, by rule, for a procedure and fee to reinstate an inactive license; to provide for administrative penalties against any person practicing without a license; to require licensees to report arrests to the board within 72 hours; and to clarify that the number of hours of continuing education required to maintain licensure is 16 hours during the two-year license period; to license private investigator apprentices and allow apprentices to gain work experience through an internship; to provide for licensure of apprentices as private investigators after completing certain requirements; and to provide for licensure of private investigation agencies that do business in the state; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Section 111.05 of the Constitution of Alabama of 2022.
Last action — Enacted as 2023-397
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 07, 2023. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 R).
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Cleared a recorded vote
Passed 3 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
Alabama Private Investigation Board; qualifications for licensure and renewal of licensure revised, inactive status, continuing education, apprenticeship license, and agency requirements provided
Bill Text
What changed in the latest version
749 added · 798 removedPlain-language change summary
The revised version of HB 75 outlines specific changes to the Alabama Private Investigation Regulatory Act by adding new requirements for private investigator licenses. Importantly, it now mandates that applicants must complete certain education and work experience criteria, which is aimed at ensuring better qualifications for those entering the field. The bill also enhances the clarity around fee collections and includes provisions for background checks. These changes matter because they help to improve the standards and oversight of private investigators in Alabama, ultimately enhancing public safety.
HB75 INTRODUCEDENROLLED 7B4LEV-17B4LEV-3 By Representatives Mooney, Treadaway, Bedsole, Pettus, Rogers RFD:
07-Mar-23 2023 Regular Session Page 0 7B4LEV-1HB75 01/31/2023Enrolled KMSEnrolled, (L)crAn 2023-223Act, 23 45 SYNOPSIS:Relating to the Alabama Private Investigation Regulatory Act;
Under existing law, the Alabama Private Investigation Board is responsible for the licensing and regulation of private investigators in the state.
This bill would further establish education and work experience requirements for applicants in order to qualify for a private investigator license.
This bill would clarify those fees collected by the board that must be deposited into the Alabama Private Investigation Board Fund.
This bill would provide further for the qualifications for licensure as a private investigator.
This bill would provide further for criminal history background checks for applicants for licensure.
This bill would authorize the board to grant inactive status to licensees and to provide, by rule, for a procedure and fee to reinstate an inactive license.
This bill would provide for administrative penalties against any individual practicing without a license.
This bill would require licensees to report arrests to the board within 72 hours.
This bill would clarify that the number of hours of continuing education required to maintain licensure Page 1 HB75 INTRODUCED is 16 hours during the two-year license period.
This bill would create a private investigator apprentice license that would allow apprentices to gain work experience through an internship.
This bill would authorize the board to issue a private investigator license to a licensed private investigator apprentice who successfully completes an internship in a specified time and passes an examination.
This bill would also require private investigation agencies that do business within the state to be licensed by the board and meet certain requirements.
Section 111.05 of the Constitution of Alabama of 2022, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless:
it comes within one of a number of specified exceptions;
it is approved by the affected entity;
or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.
The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment.
However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective Page 2 HB75 INTRODUCED because it comes within one of the specified exceptions contained in the amendment.
A BILL TO BE ENTITLED AN ACT Relating to the Alabama Private Investigation Regulatory Act;
and to clarify that the number of hours of continuing education Page 3 HB75 INTRODUCED required to maintain licensure is 16 hours during the two-year license period;
to provide for licensure of apprentices as private Page 1 HB75 Enrolled investigators after completing certain requirements;
a Page 4 HB75 INTRODUCED crime in any other state or a crime against the United States which is designated as a felony;
Page 2 HB75 Enrolled (2)(3) PRIVATE INVESTIGATION.
The term includes a business entity that practices private investigation through licensed private investigators who are solely independent contractors Page 5 HB75 INTRODUCED rather than employees.
Page 3 HB75 Enrolled b.
A person An individual who is engaged in private investigation as defined herein and who is licensed in 99 accordance with this chapter article.
An individual who is engaged in private investigation under the supervision of a licensed private investigator and who is licensed in accordance with this article." "§34-25B-3 An individual may not No person shall practice private investigation or hold himself or herself out to the public as a private investigator or private investigator apprentice or use any term, title, or abbreviation that expresses, infers, or implies that the person individual is licensed as a private investigator or private investigator apprentice unless the person individual at the time holds a valid license to practice private investigation as provided in this chapter Page 6 HB75 INTRODUCED article.
All applicants shall pass a criminal background check based on criteria established pursuant to Section 34-25B-4." "§34-25B-4 (a) There is created the Alabama Private Investigation Page 4 HB75 Enrolled Board.
Thereafter, successor members shall be Page 7 HB75 INTRODUCED appointed for terms of four years.
The Speaker of the House of Representatives Page 5 HB75 Enrolled shall appoint the member for an initial term of two years.
(e) Any vacancy occurring on the board shall be filled Page 8 HB75 INTRODUCED by the appointing authority of the vacating member for the unexpired term.
(f) No member may be appointed to succeed himself or herself for more than one full term three consecutive full Page 6 HB75 Enrolled terms.
(1) An application fee for an original license and for Page 9 HB75 INTRODUCED an inactive status certificate.
Page 7 HB75 Enrolled (4) A late renewal fee.
(c) All expenses incurred by the board in implementing and administering this chapter shall be paid out of the fund, Page 10 HB75 INTRODUCED provided that the expenses of the board shall not exceed the amount of monies in the fund." "§34-25B-10 (a) Except as otherwise provided in this chapter, it Page 8 HB75 Enrolled shall be unlawful for any person individual to act as a private investigator or private investigator apprentice without first obtaining a license from the board.
Page 11 HB75 INTRODUCED (5) Three sets of classifiable fingerprints or electronic fingerprints or criminal history background information, or both, as approved by the board for initial licensure.
Page 9 HB75 Enrolled (6) A list of convictions and pending charges involving a felony or misdemeanor in any jurisdiction.
Page 12 HB75 INTRODUCED (5)(6) Has passed an examination to be administered twice annually by the board designed to measure knowledge and competence in the investigation field and in state civil and criminal privacy laws.
Show all 74 changed lines (34 more)
Page 10 HB75 Enrolled (b) A study guide shall be provided to any applicant seeking to obtain an initial or renewal license under this chapter.
Page 13 HB75 INTRODUCED d.
Internship, consisting of successful completion of a private investigator apprenticeship pursuant to Section 34-25B-12.1." "§34-25B-13 Page 11 HB75 Enrolled (a) Upon receipt of an application for a license as a private investigator pursuant to this chapter, nonrefundable, nonprorateable application fees shall be submitted to the board by the applicant for all of the following services:
(b) After the approval of the application by the board, the board shall issue a license in a form prescribed by the Page 14 HB75 INTRODUCED board to each qualified applicant upon its receipt of a nonrefundable, nonprorateable private investigator license fee as set by the board.
(c)(1) If an application for a license is denied, the Page 12 HB75 Enrolled board shall notify the applicant in writing and specify the grounds for denial.
Page 15 HB75 INTRODUCED (5) Expiration date of license.
Page 13 HB75 Enrolled (c) A private investigator licensee shall include his or her license number on all advertisements, brochures, stationary, letterhead, case reports, and business cards distributed or used by the private investigator." "§34-25B-17 (a) All licenses issued or renewed under this chapter article shall be valid for a period of two years from the date month of issuance.
Page 16 HB75 INTRODUCED (e) A licensee may request, in writing, for the board to place his or her license on inactive status.
The board shall also Page 14 HB75 Enrolled provide, by rule, for the activities an inactive status certificate holder may engage in, and for the procedure and fees required to reinstate an inactive status license.
Page 17 HB75 INTRODUCED (6) The commission of any act which would have been cause for refusal to issue the license or identification card had it existed and been known to the board at the time of issuance.
Page 15 HB75 Enrolled (b) In addition to, or in lieu of, any other lawful disciplinary action under this section, the board may assess a civil penalty not exceeding two thousand dollars ($2,000) for each violation.
(2) Any other person, upon request, for a reasonable fee established by the board." "§34-25B-22 Page 18 HB75 INTRODUCED (a) The following acts when committed by an individual licensed as a private investigator in Alabama or a private investigator apprentice, or employed by or contracting with a private investigation agency, shall constitute a violation Page 16 HB75 Enrolled punishable as a Class A misdemeanor:
(b) Persons Individuals licensed pursuant to this chapter shall report any suspected instances of child abuse or neglect to a local law enforcement agency or the Department of Human Resources, or both." "§34-25B-26 (a) Each private investigator licensee shall complete eight 16 hours of continuing professional education, including Page 19 HB75 INTRODUCED two hours of ethics instruction, acceptable to the board in each calendar year two-year renewable licensing period.
(b) The board shall make every effort to ensue at least one seminar per year will be held in each congressional Page 17 HB75 Enrolled district of the state providing an opportunity to fulfill the continuing professional education requirements of this section, which shall include at least one hour per year on ethics.
(c) An individual issued a private investigator apprentice license shall successfully pass an examination required by the board, which shall be taken during a time Page 20 HB75 INTRODUCED period designated by rule of the board, not sooner than 45 days after initial licensure.
If the examination is not successfully passed by Page 18 HB75 Enrolled the deadline set by rule of the board, the private investigator apprentice license may be suspended until such time that a passing grade has been achieved.
An internship shall Page 21 HB75 INTRODUCED consist of both of the following:
Classroom Page 19 HB75 Enrolled instruction shall be provided by a certified trainer and shall include instruction in administrative functions, including report writing and research.
A private investigator apprentice licensee may obtain a copy of his or her training records from the sponsoring private Page 22 HB75 INTRODUCED investigator.
(h) A private investigator apprentice licensee may only Page 20 HB75 Enrolled perform work under the supervision of a certified sponsor and may not advertise or perform any private investigation services for the general public outside of that supervision.
(2) This subsection does not prevent a business entity domiciled outside of this state from contracting with a Page 23 HB75 INTRODUCED private investigation agency domiciled within this state, but requires any private investigator doing contract work for a business entity domiciled outside of this state, that is not licensed in this state, to register as a private investigation Page 21 HB75 Enrolled agency.
(b) Commencing on January 1, 2023,2024, no business entity that conducts private investigations for compensation in this state, and employs private investigators in this state, may operate without a license.
(c) A private investigation agency may not employ more than four private investigators at one time.
(6) The name, address, and contact information for at least one officer or principal of the company who holds a Page 24 HB75 INTRODUCED valid private investigator license in this state.
(9) Any other information required by the board and Page 22 HB75 Enrolled reasonably necessary to grant licensure, as established by rule of the board.
(1) For a private investigation agency domiciled within this state, the license fee and renewal fee shall be in an amount determined by the board, not exceeding fifty dollars ($50) for a private investigation agency that employs or contracts with not more than two licensed private investigators, and not exceeding two hundred dollars ($200) for a private investigation agency that employs or contracts with three or fourmore licensed private investigators.
(c) A private investigation agency license shall be valid for two years from the month of issuance and may be renewed upon payment of the license fee provided in subsection (b) and the satisfaction of any other reasonable requirement Page 25 HB75 INTRODUCED established by rule by the board.
Page 23 HB75 Enrolled (2) The physical address of the private investigation agency.
Nonlicensee and noninvestigative services provided by secretarial or office administrative staff, and charges for rental equipment and other nonprofessional services and items, shall not be included on the professional invoice.
Case Page 26 HB75 INTRODUCED reports shall include the license number of each licensee involved in performing work on the case.
(b) An administrative late fee, not exceeding two hundred dollars ($200) as prescribed by rule of the board, shall be assessed on any renewal application postmarked after Page 24 HB75 Enrolled the expiration date of the license.
This act shall become effective on the first day of the third month following its passage and approval by Page 27 HB75 INTRODUCED the Governor, or its otherwise becoming law.
Page 2825 HB75 Enrolled ________________________________________________ Speaker of the House of Representatives ________________________________________________ President and Presiding Officer of the Senate House of Representatives I hereby certify that the within Act originated in and was passed by the House 20-Apr-23, as amended.
John Treadwell Clerk Senate 24-May-23 Passed Page 26
Show all 74 changed rows (34 more)
Amendments
2 amendmentsClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Enrolled
Sponsors
- Arnold Mooney · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 139 not signed on
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (139)
139 members have not signed on to this bill.
Show all 139 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| R | 25 | 0 | 0 | 0 |
| D | 8 | 0 | 0 | 0 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 34 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (34)
| Member | Party | Vote |
|---|---|---|
| Greg J. Reed | — | Yea |
| Bobby D. Singleton | D | Yea |
| Kirk Hatcher | D | Yea |
| Linda Coleman-Madison | D | Yea |
| Merika Coleman | D | Yea |
| Robert Stewart | D | Yea |
| Rodger M. Smitherman | D | Yea |
| Vivian Davis Figures | D | Yea |
| William M. Beasley | D | Yea |
| Andrew Jones | R | Yea |
| April Weaver | R | Yea |
| Arthur Orr | R | Yea |
| Chris Elliott | R | Yea |
| Clyde Chambliss | R | Yea |
| Dan Roberts | R | Yea |
| David Sessions | R | Yea |
| Donnie Chesteen | R | Yea |
| Garlan Gudger | R | Yea |
| Gerald H. Allen | R | Yea |
| Greg Albritton | R | Yea |
| J. T. 'Jabo' Waggoner | R | Yea |
| Jack W. Williams | R | Yea |
| Jay Hovey | R | Yea |
| Josh Carnley | R | Yea |
| Keith Kelley | R | Yea |
| Lance Bell | R | Yea |
| Larry Stutts | R | Yea |
| Randy Price | R | Yea |
| Sam Givhan | R | Yea |
| Shay Shelnutt | R | Yea |
| Steve Livingston | R | Yea |
| Tim Melson | R | Yea |
| Tom Butler | R | Yea |
| Will Barfoot | R | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| R | 71 | 0 | 0 | 0 |
| D | 24 | 0 | 0 | 2 |
| Total | 100 | 0 | 0 | 2 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (102)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| R | 69 | 0 | 0 | 2 |
| D | 24 | 0 | 0 | 2 |
| Total | 98 | 0 | 0 | 4 |
| % of votes cast | 96% | 0% | 0% | 4% |
How each member voted (102)
Subjects
Frequently asked questions
- What does HB 75 do?
- Alabama Private Investigation Board; qualifications for licensure and renewal of licensure revised, inactive status, continuing education, apprenticeship license, and agency requirements provided
- Who sponsors HB 75?
- HB 75 is sponsored by Arnold Mooney (R).
- What is the current status of HB 75?
- This bill has been enacted into law. Introduced March 07, 2023. Enacted.
- Where can I track HB 75?
- Track HB 75 free on One Click Politics — get push/email alerts when it moves.
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