1 HB467
2 218522-2
3 By Representatives Mooney, Holmes and Sanderford
4 RFD: Boards, Agencies and Commissions
5 First Read: 08-MAR-22
Page 0 1 218522-2:n:03/07/2022:KMS/cr LSA2022-899
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8 SYNOPSIS: Under existing law, the Alabama Private
9 Investigation Board is responsible for the
10 licensing and regulation of private investigators
11 in the state.
12 This bill would further establish education
13 and work experience requirements for applicants in
14 order to qualify for a private investigator
15 license.
16 This bill would clarify those fees collected
17 by the board that must be deposited into the
18 Alabama Private Investigation Board Fund.
19 This bill would provide further for the
20 qualifications for licensure as a private
21 investigator.
22 This bill would provide further for criminal
23 history background checks for applicants for
24 licensure.
25 This bill would authorize the board to grant
26 inactive status to licensees and to provide, by
Page 1 1 rule, for a procedure and fee to reinstate an
2 inactive license.
3 This bill would provide for administrative
4 penalties against any individual practicing without
5 a license.
6 This bill would require licensees to report
7 arrests to the board within 72 hours.
8 This bill would clarify that the number of
9 hours of continuing education required to maintain
10 licensure is 16 hours during the two-year license
11 period.
12 This bill would create a private
13 investigator apprentice license that would allow
14 apprentices to gain work experience through an
15 internship.
16 This bill would authorize the board to issue
17 a private investigator license to a licensed
18 private investigator apprentice who successfully
19 completes an internship in a specified time and
20 passes an examination.
21 This bill would also require private
22 investigation agencies that do business within the
23 state to be licensed by the board and meet certain
24 requirements.
25 Amendment 621 of the Constitution of Alabama
26 of 1901, as amended by Amendment 890, now appearing
27 as Section 111.05 of the Official Recompilation of
Page 2 1 the Constitution of Alabama of 1901, as amended,
2 prohibits a general law whose purpose or effect
3 would be to require a new or increased expenditure
4 of local funds from becoming effective with regard
5 to a local governmental entity without enactment by
6 a 2/3 vote unless: it comes within one of a number
7 of specified exceptions; it is approved by the
8 affected entity; or the Legislature appropriates
9 funds, or provides a local source of revenue, to
10 the entity for the purpose.
11 The purpose or effect of this bill would be
12 to require a new or increased expenditure of local
13 funds within the meaning of the amendment. However,
14 the bill does not require approval of a local
15 governmental entity or enactment by a 2/3 vote to
16 become effective because it comes within one of the
17 specified exceptions contained in the amendment.
18
19 A BILL
20 TO BE ENTITLED
21 AN ACT
22
23 Relating to the Alabama Private Investigation
24 Regulatory Act; to designate as Article 1, Sections 34-25B-1
25 to 34-25B-29, inclusive, Code of Alabama 1975; to amend
26 Sections 34-25B-2, 34-25B-3, 34-25B-4, 34-25B-7, 34-25B-10,
27 34-25B-11, 34-25B-12, 34-25B-13, 34-25B-14, 34-25B-17,
Page 3 1 34-25B-18, 34-25B-21, 34-25B-22, and 34-25B-26 of the Code of
2 Alabama 1975, relating to the Alabama Private Investigation
3 Board; to add Section 34-25B-12.1 and add a new Article 2,
4 commencing with Section 34-25B-50 to Chapter 25B, Title 34 of
5 the Code of Alabama 1975; to require applicants for private
6 investigator licenses to complete education and work
7 experience; to clarify those fees collected by the board that
8 must be deposited into the Alabama Private Investigation Board
9 Fund; to provide further for the qualifications for licensure
10 as a private investigator; to provide further for criminal
11 history background checks for applicants for licensure; to
12 authorize the board to grant inactive status to licensees and
13 to provide, by rule, for a procedure and fee to reinstate an
14 inactive license; to provide for administrative penalties
15 against any person practicing without a license; to require
16 licensees to report arrests to the board within 72 hours; and
17 to clarify that the number of hours of continuing education
18 required to maintain licensure is 16 hours during the two-year
19 license period; to license private investigator apprentices
20 and allow apprentices to gain work experience through an
21 internship; to provide for licensure of apprentices as private
22 investigators after completing certain requirements; and to
23 provide for licensure of private investigation agencies that
24 do business in the state; and in connection therewith would
25 have as its purpose or effect the requirement of a new or
26 increased expenditure of local funds within the meaning of
27 Amendment 621 of the Constitution of Alabama of 1901, as
Page 4 1 amended by Amendment 890, now appearing as Section 111.05 of
2 the Official Recompilation of the Constitution of Alabama of
3 1901, as amended.
4 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
5 Section 1. An article heading is added before
6 Section 34-25B-1 of the Code of Alabama 1975, to read as
7 follows:
8 ARTICLE 1. Private Investigator Licenses, Private
9 Investigator Apprentice Licenses, and Private Investigation
10 Board.
11 Section 2. Sections 34-25B-2, 34-25B-3, 34-25B-4,
12 34-25B-7, 34-25B-10, 34-25B-11, 34-25B-12, 34-25B-13,
13 34-25B-14, 34-25B-17, 34-25B-18, 34-25B-21, 34-25B-22, and
14 34-25B-26 of the Code of Alabama 1975, are amended to read as
15 follows:
16 "§34-25B-2.
17 "As used in this chapter, the following terms shall
18 have the following meanings:
19 "(1) BOARD. The Alabama Private Investigation Board.
20 "(1)(2) FELONY. A criminal offense that is defined
21 and punishable under the laws of this state, or an offense
22 committed outside the State of Alabama, which if committed in
23 this state, would constitute a felony under Alabama law; a
24 crime in any other state or a crime against the United States
25 which is designated as a felony; or an offense in any other
26 state, territory, or country punishable by imprisonment for a
27 term exceeding one year.
Page 5 1 "(2)(3) PRIVATE INVESTIGATION. The compensated act
2 of any individual or company engaging in the business of
3 obtaining or furnishing information with reference to any of
4 the following:
5 "a. A crime committed or threatened against the
6 United States or any state or territory of the United States.
7 "b. The identity, habits, conduct, business,
8 occupation, honesty, integrity, credibility, including, but
9 not limited to, the credibility of a person an individual
10 giving testimony in a criminal or civil proceeding, knowledge,
11 trustworthiness, efficiency, loyalty, activity, movement,
12 whereabouts, affiliations, associations, transactions, acts,
13 reputations, or character of any person individual.
14 "c. The location, disposition, or recovery of lost
15 or stolen property.
16 "d. The cause or responsibility for fires, losses,
17 accidents, damages, or injuries to persons individuals or to
18 property.
19 "(4) PRIVATE INVESTIGATION AGENCY. A corporation,
20 firm, partnership, or other business entity that, for
21 compensation, practices private investigation in this state
22 and employs licensed private investigators. The term includes
23 a business entity that practices private investigation through
24 licensed private investigators who are solely independent
25 contractors rather than employees.
26 "(3)(5) PRIVATE INVESTIGATOR. a. A person An
27 individual who, for compensation, performs one or more of the
Page 6 1 private investigation services defined and regulated by this
2 chapter.
3 "b. A person An individual who, for consideration,
4 advertises as providing or performing private investigation.
5 The term does not include an informant who, on a one time or
6 limited basis, as a result of a unique expertise, ability, or
7 vocation, and who provides information or services while under
8 the direction and control of a licensee of the board, that
9 would otherwise be included in the definition of private
10 investigation.
11 "c. A person An individual who is engaged in private
12 investigation as defined herein and who is licensed in
13 accordance with this chapter article.
14 "(6) PRIVATE INVESTIGATOR APPRENTICE. An individual
15 who is engaged in private investigation under the supervision
16 of a licensed private investigator and who is licensed in
17 accordance with this article.
18 "§34-25B-3.
19 "An individual may not No person shall practice
20 private investigation or hold himself or herself out to the
21 public as a private investigator or private investigator
22 apprentice or use any term, title, or abbreviation that
23 expresses, infers, or implies that the person individual is
24 licensed as a private investigator or private investigator
25 apprentice unless the person individual at the time holds a
26 valid license to practice private investigation as provided in
27 this chapter article. All applicants shall pass a criminal
Page 7 1 background check based on criteria established pursuant to
2 Section 34-25B-4.
3 "§34-25B-4.
4 "(a) There is created the Alabama Private
5 Investigation Board. The appointing authorities shall
6 coordinate their appointments to assure the membership of the
7 board shall reflect is inclusive and reflects the racial,
8 gender, geographic, urban and, rural, and economic diversity
9 of the state.
10 "(b) Private investigator members provided for
11 herein shall have had five years of experience as an
12 investigator prior to his or her appointment. Beginning on
13 August 1, 2018, each private investigator members who are
14 member appointed to the board shall have been licensed
15 pursuant to this chapter as a private investigator for a
16 period of at least five years prior to his or her appointment.
17 "(c) The following members shall be appointed to the
18 board:
19 "(1) Three persons individuals appointed by the
20 Governor, two of whom shall be private investigators in this
21 state and one of whom shall be a consumer who will represent
22 the public at large. The Governor shall appoint the three
23 members to initial terms of three years. Thereafter, successor
24 members shall be appointed for terms of four years each.
25 "(2) One person individual appointed by the
26 Lieutenant Governor, who must shall be a private investigator.
27 The Lieutenant Governor shall appoint the member for an
Page 8 1 initial term of two years. Thereafter, successor members shall
2 be appointed for terms of four years.
3 "(3) One person individual appointed by the Speaker
4 of the House of Representatives who must shall be a private
5 investigator. The Speaker of the House of Representatives
6 shall appoint the member for an initial term of two years.
7 Thereafter, successor members shall be appointed for terms of
8 four years.
9 "(4) One person individual appointed by the Attorney
10 General who must shall be a private investigator. The Attorney
11 General shall appoint the member for an initial term of two
12 years. Thereafter, successor members shall be appointed this
13 member for terms of four years.
14 "(5) One person individual appointed by the Alabama
15 State Bar Association who must shall be a member in good
16 standing for an initial term of four years. Thereafter,
17 successor members shall be appointed for terms of four years
18 of the bar.
19 "(6) One person individual appointed by the Alabama
20 Private Investigators Association who must shall be a private
21 investigator. The association shall appoint the member for an
22 initial term of four years. Thereafter, successor members
23 shall be appointed for terms of four years.
24 "(d) Following the initial appointments, all
25 successor All members of the board shall be appointed for a
26 term of four years and shall serve until their successors are
27 appointed and qualified by subscribing to the constitutional
Page 9 1 oath of office, which shall be filed with the Secretary of
2 State.
3 "(e) Any vacancy occurring on the board shall be
4 filled by the appointing authority of the vacating member for
5 the unexpired term.
6 "(f) No member may be appointed to succeed himself
7 or herself for more than one full term three consecutive full
8 terms.
9 "(g) The appointing authority may remove a member of
10 the board for misconduct, incompetency, or willful neglect of
11 duty. The board may recommend to the appointing authority
12 suggested administrative actions that may be taken against a
13 board member for missing an excessive amount number of
14 meetings.
15 "(h) Each member of the board shall receive a
16 certificate of appointment from the Governor before entering
17 upon the discharge of the duties of office.
18 "§34-25B-7.
19 "(a) There is hereby created in the State Treasury
20 for the use of the Alabama Private Investigation Board board a
21 fund to be known as the Alabama Private Investigation Board
22 Fund. All application and license fees, penalties, fines, and
23 any other funds collected by the board under the provisions of
24 this chapter are to related to private investigators, private
25 investigator apprentices, private investigation agencies, and
26 the implementation of this chapter, shall be deposited in this
27 fund and used only to carry out the operations of the board.
Page 10 1 The fees that the board may charge, collect, and deposit into
2 the fund shall include, but not be limited to, all of the
3 following:
4 "(1) An application fee for an original license and
5 for an inactive status certificate.
6 "(2) A renewal fee for a license and for an inactive
7 status certificate.
8 "(3) A reinstatement application fee.
9 "(4) A late renewal fee.
10 "(5) A change of information fee.
11 "(6) A replacement license fee.
12 "(7) An inactive license fee.
13 "(8) An issuance fee for a private investigator
14 license, a private investigator apprentice license, or a
15 private investigation agency license.
16 "(9) Reasonable and necessary administrative fees
17 that reflect the actual cost of services provided.
18 "(b) No monies shall be withdrawn or expended from
19 the fund for any purpose unless the monies have been
20 appropriated by the Legislature and allocated pursuant to this
21 chapter. Any monies appropriated shall be budgeted and
22 allotted pursuant to the Budget Management Act in accordance
23 with Article 4, (commencing with Section 41-4-80), of Chapter
24 4 of Title 41, and only in the amounts provided by the
25 Legislature in the general appropriations act or other
26 appropriations act. There is hereby appropriated to the
27 Alabama Private Investigation Board the sum of all monies
Page 11 1 collected and deposited into the Alabama Private Investigation
2 Board Fund for each of the fiscal years ending September 30,
3 2013, and September 30, 2014, to be used for the operations of
4 the board.
5 "(c) All expenses incurred by the board in
6 implementing and administering this chapter shall be paid out
7 of the fund, provided that the expenses of the board shall not
8 exceed the amount of monies in the fund.
9 "§34-25B-10.
10 "(a) Except as otherwise provided in this chapter,
11 it shall be unlawful for any person individual to act as a
12 private investigator or private investigator apprentice
13 without first obtaining a license from the board. For
14 prosecution purposes, a violation of this chapter is
15 classified as a Class A misdemeanor, punishable by a fine of
16 not more than six thousand dollars ($6,000) and imprisonment
17 for up to one year.
18 "(b) Each person individual licensed in accordance
19 with this chapter article shall designate to the board a
20 physical address where his or her records are to be kept.
21 "§34-25B-11.
22 "(a) Except as provided in subsection (b), an An
23 application and all information on an application for
24 licensure as a private investigator, private investigator
25 apprentice, or private investigation agency shall be treated
26 as confidential and shall be filed with the board on forms
Page 12 1 prescribed by the board. The application shall include all of
2 the following information of the applicant:
3 "(1) His or her full name.
4 "(2) His or her date and place of birth.
5 "(3) All residences during the immediate past five
6 years.
7 "(4) All employment or occupations engaged in during
8 the immediate past five years.
9 "(5) Three sets of classifiable fingerprints or
10 electronic fingerprints or criminal history background
11 information, or both, as approved by the board for initial
12 licensure.
13 "(6) A list of convictions and pending charges
14 involving a felony or misdemeanor in any jurisdiction.
15 "(b) The board may publish the name of a licensee
16 and his or her license number, date of licensure, and license
17 status on the website of the board and in any licensee
18 directory printed or distributed by the board. Additionally,
19 with written permission of the licensee, the board may release
20 or publish contact information for a licensee, including his
21 or her email address, website, telephone number, and address.
22 "§34-25B-12.
23 "(a) Each individual applicant for a license as a
24 private investigator shall meet all of the following criteria
25 that he or she:
26 "(1) Is at least 21 years of age.
Page 13 1 "(2) Has successfully completed a criminal history
2 background check based on criteria established by the board.
3 "(2)(3) Has not been declared by any court of
4 competent jurisdiction incompetent by reason of mental defect
5 or disease unless a court of competent jurisdiction has
6 subsequently declared the applicant competent.
7 "(3)(4) Has not been convicted of a crime of moral
8 turpitude, with the board having the final determination on
9 the interpretation of moral turpitude.
10 "(4)(5) Has not been convicted of a felony crime.
11 "(5)(6) Has passed an examination to be administered
12 twice annually by the board designed to measure knowledge and
13 competence in the investigation field and in state civil and
14 criminal privacy laws.
15 "(7) Has a minimum of two years' experience,
16 education, or training, or a combination thereof, including
17 120 hours of practical field experience directly related to
18 private investigation, in any of the following areas:
19 "a. Special investigations, consisting of special
20 investigative experience in insurance, fire or arson, banking,
21 legal, or similar setting, or other special investigatory
22 experience as determined suitable by the board.
23 "b. Law enforcement, consisting of experience as a
24 sworn law enforcement officer, investigative experience as a
25 detective or investigator at the federal, state, or local
26 level, or other investigative experience as determined
27 suitable by the board.
Page 14 1 "c. Education, consisting of a minimum of a two-year
2 degree in a field of study directly related to private
3 investigation including, but not limited to, criminal justice,
4 political science, criminology, or law enforcement.
5 "d. Internship, consisting of successful completion
6 of a private investigator apprenticeship pursuant to Section
7 34-25B-12.1.
8 "(b) A study guide shall be provided to any
9 applicant seeking to obtain an initial or renewal license
10 under this chapter.
11 "(c) Any investigator currently holding a business
12 license in the State of Alabama shall not have to meet the
13 initial application requirements of this chapter, but shall be
14 issued a license pursuant to this chapter upon application.
15 "§34-25B-13.
16 "(a) Upon receipt of an application for a license as
17 a private investigator pursuant to this chapter,
18 nonrefundable, nonprorateable application fees shall be
19 submitted to the board by the applicant for all of the
20 following services:
21 "(1) A request that the Alabama Bureau of
22 Investigation compare Alabama State Law Enforcement Agency
23 perform a state criminal history background check on the
24 fingerprints submitted with the application to fingerprints
25 filed with the Alabama Bureau of Investigation. On subsequent
26 applications, the Alabama Bureau of Investigation State Law
27 Enforcement Agency, at the request of the board, shall review
Page 15 1 its criminal history files based upon the name, date of birth,
2 sex, race, and Social Security number of an applicant whose
3 fingerprints have previously been submitted to the bureau for
4 any new information since the date of the initial fingerprint
5 comparison submission, and shall furnish any information
6 thereby derived to the board.
7 "(2) A request to submit the fingerprints to the
8 Federal Bureau of Investigation for a search of its files to
9 determine whether an individual fingerprinted has any recorded
10 convictions completion of a national criminal history
11 background check.
12 "(b) After the approval of the application by the
13 board, the board shall issue a license in a form prescribed by
14 the board to each qualified applicant upon its receipt of a
15 nonrefundable, nonprorateable private investigator license fee
16 as set by the board.
17 "(c)(1) If an application for a license is denied,
18 the board shall notify the applicant in writing and specify
19 the grounds for denial. If the grounds are subject to
20 correction by the applicant, the notice shall so state and
21 specify a reasonable period of time within which the applicant
22 shall make the required correction.
23 "(2) The applicant may submit an application for
24 reconsideration to the board within 30 days from the date of
25 receipt of the denial.
26 "(d) The board shall issue a license to all
27 licensees that shall be at least 8" x 10" in size and shall be
Page 16 1 displayed on a wall of the workplace of the licensee. This
2 license All licenses and identification cards issued by the
3 board shall be deemed property of the State of Alabama and
4 subject to forfeiture to the state upon revocation.
5 "§34-25B-14.
6 "(a) The board shall issue to every private
7 investigator licensee and private investigator apprentice
8 licensee an identification card, which shall be issued in
9 credit card size, be permanently laminated, and contain all of
10 the following information of the licensee:
11 "(1) Name.
12 "(2) Photograph.
13 "(3) Physical characteristics.
14 "(4) Private investigator's license number.
15 "(5) Expiration date of license.
16 "(b) The identification card shall be carried on the
17 person of the licensee when engaged in the activities of the
18 licensee.
19 "(c) A private investigator licensee shall include
20 his or her license number on all advertisements, brochures,
21 stationary, letterhead, case reports, and business cards
22 distributed or used by the private investigator.
23 "§34-25B-17.
24 "(a) All licenses issued or renewed under this
25 chapter article shall be valid for a period of two years from
26 the date month of issuance. The board shall provide mail to
27 each licensee with a renewal application, at his or her
Page 17 1 address of record, a notice of renewal at least 60 days prior
2 to the expiration of the his or her license. An application
3 for renewal shall be available for download by the licensee on
4 the website of the board. A licensee shall report any change
5 of address to the board.
6 "(b) Each application for renewal shall be reviewed
7 for criminal convictions and civil fraud findings.
8 "(c) An administrative late fee not exceeding two
9 hundred dollars ($200), as prescribed by the board, shall be
10 assessed on any renewal application postmarked after the
11 expiration date of the license.
12 "(d) No A renewal application may not be accepted by
13 the board more than 30 days after the expiration date of the
14 license. This subsection may be waived by the board for good
15 cause.
16 "(e) A licensee may request, in writing, for the
17 board to place his or her license on inactive status. The fees
18 for issuing and renewing an inactive status certificate shall
19 be established by rule of the board. The board shall also
20 provide, by rule, for the activities an inactive status
21 certificate holder may engage in, and for the procedure and
22 fees required to reinstate an inactive status license. Any
23 holder of an inactive status certificate who violates the
24 limitations of the certificate shall be subject to fines and
25 disciplinary action established by rule of the board.
26 "§34-25B-18.
Page 18 1 "(a) The board may suspend, revoke, or refuse to
2 issue or renew any private investigator license issued by it
3 the board upon finding that the holder or applicant has
4 committed any of the following acts:
5 "(1) A violation of this chapter or any rule
6 promulgated adopted pursuant to this chapter.
7 "(2) Fraud, deceit, or misrepresentation regarding
8 an application or license.
9 "(3) Knowingly and willfully making a material
10 misstatement in connection with an application for a license
11 or renewal.
12 "(4) A conviction by a court of competent
13 jurisdiction of a felony.
14 "(5) A conviction by a court of competent
15 jurisdiction of a Class A misdemeanor, if the board finds that
16 the conviction reflects unfavorably on the fitness of the
17 person individual for the license.
18 "(6) The commission of any act which would have been
19 cause for refusal to issue the license or identification card
20 had it existed and been known to the board at the time of
21 issuance.
22 "(b) In addition to, or in lieu of, any other lawful
23 disciplinary action under this section, the board may assess a
24 civil penalty not exceeding two thousand dollars ($2,000) for
25 each violation.
Page 19 1 "(c) A license may be suspended for the remaining
2 license period and renewed during any period in which the
3 license was suspended.
4 "(d) Any entity or individual who operates, provides
5 services, or advertises the provision of private investigator
6 services without a license as required by this chapter shall
7 be subject to an administrative fine of up to one thousand
8 dollars ($1,000) per day that those services are provided or
9 advertised and may be administratively enjoined by the board
10 from providing services or advertising until in compliance
11 with this chapter.
12 "§34-25B-21.
13 "The board shall provide routinely publish and
14 update a copy of this chapter and any rules promulgated
15 adopted under this chapter to the following: on the website of
16 the board.
17 "(1) Each licensee, upon issuance of an original
18 license, and every two years thereafter upon license renewal.
19 "(2) Any other person, upon request, for a
20 reasonable fee established by the board.
21 "§34-25B-22.
22 "(a) The following acts when committed by an
23 individual licensed as a private investigator in Alabama or a
24 private investigator apprentice, or employed by or contracting
25 with a private investigation agency, shall constitute a
26 violation punishable as a Class A misdemeanor:
Page 20 1 "(1) To knowingly make a material misrepresentation
2 as to the ability of the individual to perform the
3 investigation required by a potential client in order to
4 obtain employment.
5 "(2) To make unsubstantiated monetary charges to a
6 client for services not rendered or transportation not
7 utilized.
8 "(3) To knowingly make a false report to a client in
9 relation to the investigation performed for a client.
10 "(4) To continue an investigation for a client when
11 it becomes obvious to the investigator that a successful
12 completion of an investigation is unlikely without first
13 advising the client and obtaining the approval of the client
14 for continuation of the investigation.
15 "(5) To reveal information obtained for a client
16 during an investigation to another individual except as
17 required by law.
18 "(b) Persons Individuals licensed pursuant to this
19 chapter shall report any suspected instances of child abuse or
20 neglect to a local law enforcement agency or the Department of
21 Human Resources, or both.
22 "§34-25B-26.
23 "(a) Each private investigator licensee shall
24 complete eight 16 hours of continuing professional education,
25 including two hours of ethics instruction, acceptable to the
26 board in each calendar year two-year renewable licensing
27 period.
Page 21 1 "(b) The board shall make every effort to ensue at
2 least one seminar per year will be held in each congressional
3 district of the state providing an opportunity to fulfill the
4 continuing professional education requirements of this
5 section, which shall include at least one hour per year on
6 ethics.
7 "(c)(b) The board shall promulgate adopt rules as
8 necessary to carry out implement this section."
9 Section 3. Section 34-25B-12.1 is added to the Code
10 of Alabama 1975, to read as follows:
11 §34-25B-12.1.
12 (a) An individual may obtain a license as a private
13 investigator apprentice and work under the supervision of a
14 private investigator.
15 (b) An applicant for a private investigator
16 apprentice license shall meet all of the following criteria to
17 obtain a license:
18 (1) Be at least 18 years of age.
19 (2) Be a high school graduate, have earned a GED
20 certification, or have completed other equivalent education as
21 determined suitable by the board.
22 (3) Meet the requirements of subdivisions (2) to
23 (5), inclusive, of Section 34-25B-12.
24 (c) An individual issued a private investigator
25 apprentice license shall successfully pass an examination
26 required by the board, which shall be taken during a time
27 period designated by rule of the board, not sooner than 45
Page 22 1 days after initial licensure. Before taking the examination, a
2 private investigator apprentice licensee may begin working as
3 an intern. If the examination is not successfully passed by
4 the deadline set by rule of the board, the private
5 investigator apprentice license may be suspended until such
6 time that a passing grade has been achieved.
7 (d)(1) A private investigator apprentice shall be
8 trained under the supervision of a sponsor private
9 investigator who has at least two years' experience as a
10 licensed private investigator in this state and who is
11 certified by the board as a sponsor. The board may charge a
12 one-time certification fee per sponsor, not exceeding fifty
13 dollars ($50), and may, by rule, establish standards for
14 certification, refusing certification, reporting of
15 apprentices sponsored, and documentation required for
16 sponsorships.
17 (2) Supervision of a private investigator apprentice
18 may be in person, by telephone, or by other form of electronic
19 communication and oversight. A sponsor may not act as a
20 sponsor for more than five private investigator apprentices at
21 one time. A sponsor shall maintain records of training
22 activities as required by the board, by rule, and shall make
23 those records available to the board upon request. Failure of
24 a sponsor to maintain adequate records may result in the
25 revocation of his or her sponsor certification.
Page 23 1 (e) A private investigator apprentice shall have
2 three years to complete his or her internship. An internship
3 shall consist of both of the following:
4 (1) The successful completion of a minimum number of
5 hours of experience in the field and classroom training, not
6 exceeding 300 hours, as established by board rule. Classroom
7 instruction shall be provided by a certified trainer and shall
8 include instruction in administrative functions, including
9 report writing and research.
10 (2) The successful completion of a minimum of eight
11 hours per year of continuing education credit, as administered
12 by the Alabama Private Investigators Association, or other
13 certified provider of continuing education approved by the
14 board. The coursework shall include instruction in
15 investigations and a minimum of two hours of ethics training
16 annually, and may include business operations training.
17 (f) To qualify for a license as a private
18 investigator, a private investigator apprentice licensee shall
19 submit proof of successful completion of an internship
20 pursuant to this section and shall pay the applicable license
21 fee to the board.
22 (g) A private investigator apprentice licensee who
23 does not complete an internship within three years after being
24 issued a private investigator apprentice license shall be
25 required to reapply for a new private investigator apprentice
26 license. A private investigator apprentice license shall be
27 renewed annually during an internship. Any education and
Page 24 1 training experience completed during a previous internship
2 shall be credited toward completing a new internship. A
3 private investigator apprentice licensee may obtain a copy of
4 his or her training records from the sponsoring private
5 investigator. A sponsor who fails to provide training records,
6 as requested, may have his or her sponsor certification
7 revoked or be fined by the board, or both.
8 (h) A private investigator apprentice licensee may
9 only perform work under the supervision of a certified sponsor
10 and may not advertise or perform any private investigation
11 services for the general public outside of that supervision.
12 (i) If a private investigator apprentice is
13 instructed by a sponsor to perform any action that violates
14 this chapter, both the private investigator apprentice and the
15 sponsor may be held responsible by the board. The private
16 investigator apprentice licensee shall be responsible for
17 identifying any conflicts of interest on assigned case work
18 and notifying the sponsor of any conflict.
19 Section 4. Article 2, commencing with Section
20 34-25B-50, is added to Chapter 25B of Title 34 of the Code of
21 Alabama 1975, to read as follows:
22 ARTICLE 2. Private Investigation Agencies.
23 §34-25B-50.
24 (a)(1) A business entity and its agents, officers,
25 and employees, whether domiciled within or outside of this
26 state, which employ or subcontract with private investigators,
27 may not practice, advertise, or hold themselves out to the
Page 25 1 public as a private investigation agency without first being
2 licensed by the board. A violation of this subsection by an
3 applicant or a licensee shall be punishable as a Class A
4 misdemeanor.
5 (2) This subsection does not prevent a business
6 entity domiciled outside of this state from contracting with a
7 private investigation agency domiciled within this state, but
8 requires any private investigator doing contract work for a
9 business entity domiciled outside of this state, that is not
10 licensed in this state, to register as a private investigation
11 agency.
12 (b) Commencing on January 1, 2023, no business
13 entity that conducts private investigations for compensation
14 in this state, and employs private investigators in this
15 state, may operate without a license.
16 (c) A private investigation agency may not employ
17 more than four private investigators at one time.
18 §34-25B-51.
19 (a) Application for a license as a private
20 investigation agency shall be made in writing to the board, on
21 forms prescribed by the board, and shall include all of the
22 following information:
23 (1) The name of the applicant.
24 (2) The business name and physical and email address
25 of the applicant.
26 (3) A telephone number and other contact information
27 for the applicant.
Page 26 1 (4) If the applicant is not a domestic business
2 entity in the state, the name and contact information for the
3 registered agent of the applicant for service of process.
4 (5) The name, address, and contact information of a
5 principal contact for the applicant.
6 (6) The name, address, and contact information for
7 at least one officer or principal of the company who holds a
8 valid private investigator license in this state.
9 (7) An irrevocable uniform consent to service of
10 process.
11 (8) A designated physical address where the records
12 of the applicant shall be kept.
13 (9) Any other information required by the board and
14 reasonably necessary to grant licensure, as established by
15 rule of the board.
16 (b) Upon receipt of a properly completed application
17 and payment of a license fee as provided in this subsection,
18 the board shall issue the applicant a private investigation
19 agency license.
20 (1) For a private investigation agency domiciled
21 within this state, the license fee and renewal fee shall be in
22 an amount determined by the board, not exceeding fifty dollars
23 ($50) for a private investigation agency that employs or
24 contracts with not more than two licensed private
25 investigators, and not exceeding two hundred dollars ($200)
26 for a private investigation agency that employs or contracts
27 with three or four licensed private investigators.
Page 27 1 (2) For a private investigation agency domiciled
2 outside of this state, the license fee shall be in an amount
3 determined by the board, not exceeding five hundred dollars
4 ($500).
5 (c) A private investigation agency license shall be
6 valid for two years from the month of issuance and may be
7 renewed upon payment of the license fee provided in subsection
8 (b) and the satisfaction of any other reasonable requirement
9 established by rule by the board.
10 §34-25B-52.
11 (a) The board shall issue to each private
12 investigation agency licensee a certification, which shall be
13 at least 8" x 10" in size and shall contain the following
14 information:
15 (1) The name of the private investigation agency.
16 (2) The physical address of the private
17 investigation agency.
18 (3) The license number.
19 (4) The expiration date of the license.
20 (b) The certification card shall be posted in a
21 conspicuous area at the physical address of the private
22 investigation agency.
23 (c) The private investigation agency shall display
24 the agency license number on all advertisements, brochures,
25 stationary, letterhead, case reports, and business cards,
26 distributed or used by the private investigation agency. Any
27 invoice generated for professional services performed by the
Page 28 1 private investigation agency or a private investigator
2 licensee, contractor, or employee of the private investigation
3 agency shall include the license number for each licensee
4 whose services are being compensated for by a consumer and the
5 time being charged by the private investigator licensee,
6 contractor, or employee of the private investigation agency.
7 Nonlicensee and noninvestigative services provided by
8 secretarial or office administrative staff, and charges for
9 rental equipment and other nonprofessional services and items,
10 shall not be included on the professional invoice. Case
11 reports shall include the license number of each licensee
12 involved in performing work on the case.
13 §34-25B-53.
14 (a) The board shall mail to each private
15 investigation agency licensee a notice of renewal at least 60
16 days prior to the expiration of the license. An application
17 for renewal shall be available for download by the licensee on
18 the website of the board. A licensee shall report any change
19 of address to the board.
20 (b) An administrative late fee, not exceeding two
21 hundred dollars ($200) as prescribed by rule of the board,
22 shall be assessed on any renewal application postmarked after
23 the expiration date of the license.
24 (c) A renewal application may not be accepted by the
25 board more than 30 days after the expiration date of the
26 license. This subsection may be waived by the board for good
27 cause.
Page 29 1 §34-25B-54.
2 The board shall adopt rules as necessary to
3 implement this article.
4 Section 5. Although this bill would have as its
5 purpose or effect the requirement of a new or increased
6 expenditure of local funds, the bill is excluded from further
7 requirements and application under Amendment 621, as amended
8 by Amendment 890, now appearing as Section 111.05 of the
9 Official Recompilation of the Constitution of Alabama of 1901,
10 as amended, because the bill defines a new crime or amends the
11 definition of an existing crime.
12 Section 6. This act shall become effective on the
13 first day of the third month following its passage and
14 approval by the Governor, or its otherwise becoming law.
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