Amendment vs bill Boards, Agencies and Commissions Amendment 4PFZR3-1 vs Enrolled

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HB75 ENROLLED 7B4LEV-3 By Representatives Mooney, Treadaway, Bedsole, Pettus, Rogers RFD:
4PFZR3-1 03/16/2023 KMS (L)cr 2023-1029 SUB HB75 2 4 SYNOPSIS:
Boards, Agencies and Commissions First Read:
Under existing law, the Alabama Private Investigation Board is responsible for the licensing and regulation of private investigators in the state.
07-Mar-23 2023 Regular Session Page 0 HB75 Enrolled Enrolled, An Act, 3 5 Relating to the Alabama Private Investigation Regulatory Act;
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 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 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 required to maintain licensure is 16 hours during the two-year license period;
and to clarify that the number of hours of continuing education Page 3 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;
to provide for licensure of apprentices as private investigators after completing certain requirements;
a crime in any other state or a crime against the United States which is designated as a felony;
a Page 4 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.
(2)(3) PRIVATE INVESTIGATION.
The term includes a business entity that practices private investigation through licensed private investigators who are solely independent contractors rather than employees.
The term includes a business entity that practices private investigation through licensed private investigators who are solely independent contractors Page 5 rather than employees.
Page 3 HB75 Enrolled b.
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.
A person An individual who is engaged in private investigation as defined herein and who is licensed in 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 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 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.
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 Board.
Thereafter, successor members shall be appointed for terms of four years.
Thereafter, successor members shall be Page 7 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.
The Speaker of the House of Representatives shall appoint the member for an initial term of two years.
(e) Any vacancy occurring on the board shall be filled by the appointing authority of the vacating member for the unexpired term.
(e) Any vacancy occurring on the board shall be filled Page 8 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.
(f) No member may be appointed to succeed himself or herself for more than one full term three consecutive full terms.
(1) An application fee for an original license and for an inactive status certificate.
(1) An application fee for an original license and for Page 9 an inactive status certificate.
Page 7 HB75 Enrolled (4) A late renewal fee.
(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, 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.
(c) All expenses incurred by the board in implementing and administering this chapter shall be paid out of the fund, Page 10 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 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.
(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 11 (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.
(6) A list of convictions and pending charges involving a felony or misdemeanor in any jurisdiction.
(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.
Page 12 (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.
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.
(b) A study guide shall be provided to any applicant seeking to obtain an initial or renewal license under this chapter.
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d.
Page 13 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:
Internship, consisting of successful completion of a private investigator apprenticeship pursuant to Section 34-25B-12.1." "§34-25B-13 (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 board to each qualified applicant upon its receipt of a nonrefundable, nonprorateable private investigator license fee as set by the board.
(b) After the approval of the application by the board, the board shall issue a license in a form prescribed by the Page 14 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.
(c)(1) If an application for a license is denied, the board shall notify the applicant in writing and specify the grounds for denial.
(5) Expiration date of license.
Page 15 (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.
(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.
(e) A licensee may request, in writing, for the board to place his or her license on inactive status.
Page 16 (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.
The board shall also 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.
(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 17 (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.
(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 (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:
(2) Any other person, upon request, for a reasonable fee established by the board." "§34-25B-22 Page 18 (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 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 two hours of ethics instruction, acceptable to the board in each calendar year two-year renewable licensing period.
(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 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.
(b) The board shall make every effort to ensue at least one seminar per year will be held in each congressional 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 period designated by rule of the board, not sooner than 45 days after initial licensure.
(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 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.
If the examination is not successfully passed by 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 consist of both of the following:
An internship shall Page 21 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.
Classroom 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 investigator.
A private investigator apprentice licensee may obtain a copy of his or her training records from the sponsoring private Page 22 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.
(h) A private investigator apprentice licensee may only 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 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.
(2) This subsection does not prevent a business entity domiciled outside of this state from contracting with a Page 23 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 agency.
(7) An irrevocable uniform consent to service of process.
(7) An irrevocable uniform consent to service of Page 24 process.
(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.
(9) Any other information required by the board and reasonably necessary to grant licensure, as established by rule of the board.
§34-25B-52 (a) The board shall issue to each private investigation agency licensee a certification, which shall be at least 8" x 10" in size and shall contain the following information:
§34-25B-52 Page 25 (a) The board shall issue to each private investigation agency licensee a certification, which shall be at least 8" x 10" in size and shall contain the following information:
Page 23 HB75 Enrolled (2) The physical address of the private investigation agency.
(2) The physical address of the private investigation agency.
A licensee shall report any change of address to the board.
A licensee shall report any change of address to Page 26 the board.
(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.
(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 the expiration date of the license.
Page 25 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.
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John Treadwell Clerk Senate 24-May-23 Passed Page 26