Alabama 2022 Regular Session

Alabama House Bill HB467 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 HB467
2	2	2 218522-2
3	3	3 By Representatives Mooney, Holmes and Sanderford
4	4	4 RFD: Boards, Agencies and Commissions
5	5	5 First Read: 08-MAR-22
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13	13	7
14	14	8 SYNOPSIS: Under existing law, the Alabama Private
15	15	9 Investigation Board is responsible for the
16	16	10 licensing and regulation of private investigators
17	17	11 in the state.
18	18	12 This bill would further establish education
19	19	13 and work experience requirements for applicants in
20	20	14 order to qualify for a private investigator
21	21	15 license.
22	22	16 This bill would clarify those fees collected
23	23	17 by the board that must be deposited into the
24	24	18 Alabama Private Investigation Board Fund.
25	25	19 This bill would provide further for the
26	26	20 qualifications for licensure as a private
27	27	21 investigator.
28	28	22 This bill would provide further for criminal
29	29	23 history background checks for applicants for
30	30	24 licensure.
31	31	25 This bill would authorize the board to grant
32	32	26 inactive status to licensees and to provide, by
33	33	Page 1 1 rule, for a procedure and fee to reinstate an
34	34	2 inactive license.
35	35	3 This bill would provide for administrative
36	36	4 penalties against any individual practicing without
37	37	5 a license.
38	38	6 This bill would require licensees to report
39	39	7 arrests to the board within 72 hours.
40	40	8 This bill would clarify that the number of
41	41	9 hours of continuing education required to maintain
42	42	10 licensure is 16 hours during the two-year license
43	43	11 period.
44	44	12 This bill would create a private
45	45	13 investigator apprentice license that would allow
46	46	14 apprentices to gain work experience through an
47	47	15 internship.
48	48	16 This bill would authorize the board to issue
49	49	17 a private investigator license to a licensed
50	50	18 private investigator apprentice who successfully
51	51	19 completes an internship in a specified time and
52	52	20 passes an examination.
53	53	21 This bill would also require private
54	54	22 investigation agencies that do business within the
55	55	23 state to be licensed by the board and meet certain
56	56	24 requirements.
57	57	25 Amendment 621 of the Constitution of Alabama
58	58	26 of 1901, as amended by Amendment 890, now appearing
59	59	27 as Section 111.05 of the Official Recompilation of
60	60	Page 2 1 the Constitution of Alabama of 1901, as amended,
61	61	2 prohibits a general law whose purpose or effect
62	62	3 would be to require a new or increased expenditure
63	63	4 of local funds from becoming effective with regard
64	64	5 to a local governmental entity without enactment by
65	65	6 a 2/3 vote unless: it comes within one of a number
66	66	7 of specified exceptions; it is approved by the
67	67	8 affected entity; or the Legislature appropriates
68	68	9 funds, or provides a local source of revenue, to
69	69	10 the entity for the purpose.
70	70	11 The purpose or effect of this bill would be
71	71	12 to require a new or increased expenditure of local
72	72	13 funds within the meaning of the amendment. However,
73	73	14 the bill does not require approval of a local
74	74	15 governmental entity or enactment by a 2/3 vote to
75	75	16 become effective because it comes within one of the
76	76	17 specified exceptions contained in the amendment.
77	77	18
78	78	19 A BILL
79	79	20 TO BE ENTITLED
80	80	21 AN ACT
81	81	22
82	82	23 Relating to the Alabama Private Investigation
83	83	24 Regulatory Act; to designate as Article 1, Sections 34-25B-1
84	84	25 to 34-25B-29, inclusive, Code of Alabama 1975; to amend
85	85	26 Sections 34-25B-2, 34-25B-3, 34-25B-4, 34-25B-7, 34-25B-10,
86	86	27 34-25B-11, 34-25B-12, 34-25B-13, 34-25B-14, 34-25B-17,
87	87	Page 3 1 34-25B-18, 34-25B-21, 34-25B-22, and 34-25B-26 of the Code of
88	88	2 Alabama 1975, relating to the Alabama Private Investigation
89	89	3 Board; to add Section 34-25B-12.1 and add a new Article 2,
90	90	4 commencing with Section 34-25B-50 to Chapter 25B, Title 34 of
91	91	5 the Code of Alabama 1975; to require applicants for private
92	92	6 investigator licenses to complete education and work
93	93	7 experience; to clarify those fees collected by the board that
94	94	8 must be deposited into the Alabama Private Investigation Board
95	95	9 Fund; to provide further for the qualifications for licensure
96	96	10 as a private investigator; to provide further for criminal
97	97	11 history background checks for applicants for licensure; to
98	98	12 authorize the board to grant inactive status to licensees and
99	99	13 to provide, by rule, for a procedure and fee to reinstate an
100	100	14 inactive license; to provide for administrative penalties
101	101	15 against any person practicing without a license; to require
102	102	16 licensees to report arrests to the board within 72 hours; and
103	103	17 to clarify that the number of hours of continuing education
104	104	18 required to maintain licensure is 16 hours during the two-year
105	105	19 license period; to license private investigator apprentices
106	106	20 and allow apprentices to gain work experience through an
107	107	21 internship; to provide for licensure of apprentices as private
108	108	22 investigators after completing certain requirements; and to
109	109	23 provide for licensure of private investigation agencies that
110	110	24 do business in the state; and in connection therewith would
111	111	25 have as its purpose or effect the requirement of a new or
112	112	26 increased expenditure of local funds within the meaning of
113	113	27 Amendment 621 of the Constitution of Alabama of 1901, as
114	114	Page 4 1 amended by Amendment 890, now appearing as Section 111.05 of
115	115	2 the Official Recompilation of the Constitution of Alabama of
116	116	3 1901, as amended.
117	117	4 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
118	118	5 Section 1. An article heading is added before
119	119	6 Section 34-25B-1 of the Code of Alabama 1975, to read as
120	120	7 follows:
121	121	8 ARTICLE 1. Private Investigator Licenses, Private
122	122	9 Investigator Apprentice Licenses, and Private Investigation
123	123	10 Board.
124	124	11 Section 2. Sections 34-25B-2, 34-25B-3, 34-25B-4,
125	125	12 34-25B-7, 34-25B-10, 34-25B-11, 34-25B-12, 34-25B-13,
126	126	13 34-25B-14, 34-25B-17, 34-25B-18, 34-25B-21, 34-25B-22, and
127	127	14 34-25B-26 of the Code of Alabama 1975, are amended to read as
128	128	15 follows:
129	129	16 "§34-25B-2.
130	130	17 "As used in this chapter, the following terms shall
131	131	18 have the following meanings:
132	132	19 "(1) BOARD. The Alabama Private Investigation Board.
133	133	20 "(1)(2) FELONY. A criminal offense that is defined
134	134	21 and punishable under the laws of this state, or an offense
135	135	22 committed outside the State of Alabama, which if committed in
136	136	23 this state, would constitute a felony under Alabama law; a
137	137	24 crime in any other state or a crime against the United States
138	138	25 which is designated as a felony; or an offense in any other
139	139	26 state, territory, or country punishable by imprisonment for a
140	140	27 term exceeding one year.
141	141	Page 5 1 "(2)(3) PRIVATE INVESTIGATION. The compensated act
142	142	2 of any individual or company engaging in the business of
143	143	3 obtaining or furnishing information with reference to any of
144	144	4 the following:
145	145	5 "a. A crime committed or threatened against the
146	146	6 United States or any state or territory of the United States.
147	147	7 "b. The identity, habits, conduct, business,
148	148	8 occupation, honesty, integrity, credibility, including, but
149	149	9 not limited to, the credibility of a person an individual
150	150	10 giving testimony in a criminal or civil proceeding, knowledge,
151	151	11 trustworthiness, efficiency, loyalty, activity, movement,
152	152	12 whereabouts, affiliations, associations, transactions, acts,
153	153	13 reputations, or character of any person individual.
154	154	14 "c. The location, disposition, or recovery of lost
155	155	15 or stolen property.
156	156	16 "d. The cause or responsibility for fires, losses,
157	157	17 accidents, damages, or injuries to persons individuals or to
158	158	18 property.
159	159	19 "(4) PRIVATE INVESTIGATION AGENCY. A corporation,
160	160	20 firm, partnership, or other business entity that, for
161	161	21 compensation, practices private investigation in this state
162	162	22 and employs licensed private investigators. The term includes
163	163	23 a business entity that practices private investigation through
164	164	24 licensed private investigators who are solely independent
165	165	25 contractors rather than employees.
166	166	26 "(3)(5) PRIVATE INVESTIGATOR. a. A person An
167	167	27 individual who, for compensation, performs one or more of the
168	168	Page 6 1 private investigation services defined and regulated by this
169	169	2 chapter.
170	170	3 "b. A person An individual who, for consideration,
171	171	4 advertises as providing or performing private investigation.
172	172	5 The term does not include an informant who, on a one time or
173	173	6 limited basis, as a result of a unique expertise, ability, or
174	174	7 vocation, and who provides information or services while under
175	175	8 the direction and control of a licensee of the board, that
176	176	9 would otherwise be included in the definition of private
177	177	10 investigation.
178	178	11 "c. A person An individual who is engaged in private
179	179	12 investigation as defined herein and who is licensed in
180	180	13 accordance with this chapter article.
181	181	14 "(6) PRIVATE INVESTIGATOR APPRENTICE. An individual
182	182	15 who is engaged in private investigation under the supervision
183	183	16 of a licensed private investigator and who is licensed in
184	184	17 accordance with this article.
185	185	18 "§34-25B-3.
186	186	19 "An individual may not No person shall practice
187	187	20 private investigation or hold himself or herself out to the
188	188	21 public as a private investigator or private investigator
189	189	22 apprentice or use any term, title, or abbreviation that
190	190	23 expresses, infers, or implies that the person individual is
191	191	24 licensed as a private investigator or private investigator
192	192	25 apprentice unless the person individual at the time holds a
193	193	26 valid license to practice private investigation as provided in
194	194	27 this chapter article. All applicants shall pass a criminal
195	195	Page 7 1 background check based on criteria established pursuant to
196	196	2 Section 34-25B-4.
197	197	3 "§34-25B-4.
198	198	4 "(a) There is created the Alabama Private
199	199	5 Investigation Board. The appointing authorities shall
200	200	6 coordinate their appointments to assure the membership of the
201	201	7 board shall reflect is inclusive and reflects the racial,
202	202	8 gender, geographic, urban and, rural, and economic diversity
203	203	9 of the state.
204	204	10 "(b) Private investigator members provided for
205	205	11 herein shall have had five years of experience as an
206	206	12 investigator prior to his or her appointment. Beginning on
207	207	13 August 1, 2018, each private investigator members who are
208	208	14 member appointed to the board shall have been licensed
209	209	15 pursuant to this chapter as a private investigator for a
210	210	16 period of at least five years prior to his or her appointment.
211	211	17 "(c) The following members shall be appointed to the
212	212	18 board:
213	213	19 "(1) Three persons individuals appointed by the
214	214	20 Governor, two of whom shall be private investigators in this
215	215	21 state and one of whom shall be a consumer who will represent
216	216	22 the public at large. The Governor shall appoint the three
217	217	23 members to initial terms of three years. Thereafter, successor
218	218	24 members shall be appointed for terms of four years each.
219	219	25 "(2) One person individual appointed by the
220	220	26 Lieutenant Governor, who must shall be a private investigator.
221	221	27 The Lieutenant Governor shall appoint the member for an
222	222	Page 8 1 initial term of two years. Thereafter, successor members shall
223	223	2 be appointed for terms of four years.
224	224	3 "(3) One person individual appointed by the Speaker
225	225	4 of the House of Representatives who must shall be a private
226	226	5 investigator. The Speaker of the House of Representatives
227	227	6 shall appoint the member for an initial term of two years.
228	228	7 Thereafter, successor members shall be appointed for terms of
229	229	8 four years.
230	230	9 "(4) One person individual appointed by the Attorney
231	231	10 General who must shall be a private investigator. The Attorney
232	232	11 General shall appoint the member for an initial term of two
233	233	12 years. Thereafter, successor members shall be appointed this
234	234	13 member for terms of four years.
235	235	14 "(5) One person individual appointed by the Alabama
236	236	15 State Bar Association who must shall be a member in good
237	237	16 standing for an initial term of four years. Thereafter,
238	238	17 successor members shall be appointed for terms of four years
239	239	18 of the bar.
240	240	19 "(6) One person individual appointed by the Alabama
241	241	20 Private Investigators Association who must shall be a private
242	242	21 investigator. The association shall appoint the member for an
243	243	22 initial term of four years. Thereafter, successor members
244	244	23 shall be appointed for terms of four years.
245	245	24 "(d) Following the initial appointments, all
246	246	25 successor All members of the board shall be appointed for a
247	247	26 term of four years and shall serve until their successors are
248	248	27 appointed and qualified by subscribing to the constitutional
249	249	Page 9 1 oath of office, which shall be filed with the Secretary of
250	250	2 State.
251	251	3 "(e) Any vacancy occurring on the board shall be
252	252	4 filled by the appointing authority of the vacating member for
253	253	5 the unexpired term.
254	254	6 "(f) No member may be appointed to succeed himself
255	255	7 or herself for more than one full term three consecutive full
256	256	8 terms.
257	257	9 "(g) The appointing authority may remove a member of
258	258	10 the board for misconduct, incompetency, or willful neglect of
259	259	11 duty. The board may recommend to the appointing authority
260	260	12 suggested administrative actions that may be taken against a
261	261	13 board member for missing an excessive amount number of
262	262	14 meetings.
263	263	15 "(h) Each member of the board shall receive a
264	264	16 certificate of appointment from the Governor before entering
265	265	17 upon the discharge of the duties of office.
266	266	18 "§34-25B-7.
267	267	19 "(a) There is hereby created in the State Treasury
268	268	20 for the use of the Alabama Private Investigation Board board a
269	269	21 fund to be known as the Alabama Private Investigation Board
270	270	22 Fund. All application and license fees, penalties, fines, and
271	271	23 any other funds collected by the board under the provisions of
272	272	24 this chapter are to related to private investigators, private
273	273	25 investigator apprentices, private investigation agencies, and
274	274	26 the implementation of this chapter, shall be deposited in this
275	275	27 fund and used only to carry out the operations of the board.
276	276	Page 10 1 The fees that the board may charge, collect, and deposit into
277	277	2 the fund shall include, but not be limited to, all of the
278	278	3 following:
279	279	4 "(1) An application fee for an original license and
280	280	5 for an inactive status certificate.
281	281	6 "(2) A renewal fee for a license and for an inactive
282	282	7 status certificate.
283	283	8 "(3) A reinstatement application fee.
284	284	9 "(4) A late renewal fee.
285	285	10 "(5) A change of information fee.
286	286	11 "(6) A replacement license fee.
287	287	12 "(7) An inactive license fee.
288	288	13 "(8) An issuance fee for a private investigator
289	289	14 license, a private investigator apprentice license, or a
290	290	15 private investigation agency license.
291	291	16 "(9) Reasonable and necessary administrative fees
292	292	17 that reflect the actual cost of services provided.
293	293	18 "(b) No monies shall be withdrawn or expended from
294	294	19 the fund for any purpose unless the monies have been
295	295	20 appropriated by the Legislature and allocated pursuant to this
296	296	21 chapter. Any monies appropriated shall be budgeted and
297	297	22 allotted pursuant to the Budget Management Act in accordance
298	298	23 with Article 4, (commencing with Section 41-4-80), of Chapter
299	299	24 4 of Title 41, and only in the amounts provided by the
300	300	25 Legislature in the general appropriations act or other
301	301	26 appropriations act. There is hereby appropriated to the
302	302	27 Alabama Private Investigation Board the sum of all monies
303	303	Page 11 1 collected and deposited into the Alabama Private Investigation
304	304	2 Board Fund for each of the fiscal years ending September 30,
305	305	3 2013, and September 30, 2014, to be used for the operations of
306	306	4 the board.
307	307	5 "(c) All expenses incurred by the board in
308	308	6 implementing and administering this chapter shall be paid out
309	309	7 of the fund, provided that the expenses of the board shall not
310	310	8 exceed the amount of monies in the fund.
311	311	9 "§34-25B-10.
312	312	10 "(a) Except as otherwise provided in this chapter,
313	313	11 it shall be unlawful for any person individual to act as a
314	314	12 private investigator or private investigator apprentice
315	315	13 without first obtaining a license from the board. For
316	316	14 prosecution purposes, a violation of this chapter is
317	317	15 classified as a Class A misdemeanor, punishable by a fine of
318	318	16 not more than six thousand dollars ($6,000) and imprisonment
319	319	17 for up to one year.
320	320	18 "(b) Each person individual licensed in accordance
321	321	19 with this chapter article shall designate to the board a
322	322	20 physical address where his or her records are to be kept.
323	323	21 "§34-25B-11.
324	324	22 "(a) Except as provided in subsection (b), an An
325	325	23 application and all information on an application for
326	326	24 licensure as a private investigator, private investigator
327	327	25 apprentice, or private investigation agency shall be treated
328	328	26 as confidential and shall be filed with the board on forms
329	329	Page 12 1 prescribed by the board. The application shall include all of
330	330	2 the following information of the applicant:
331	331	3 "(1) His or her full name.
332	332	4 "(2) His or her date and place of birth.
333	333	5 "(3) All residences during the immediate past five
334	334	6 years.
335	335	7 "(4) All employment or occupations engaged in during
336	336	8 the immediate past five years.
337	337	9 "(5) Three sets of classifiable fingerprints or
338	338	10 electronic fingerprints or criminal history background
339	339	11 information, or both, as approved by the board for initial
340	340	12 licensure.
341	341	13 "(6) A list of convictions and pending charges
342	342	14 involving a felony or misdemeanor in any jurisdiction.
343	343	15 "(b) The board may publish the name of a licensee
344	344	16 and his or her license number, date of licensure, and license
345	345	17 status on the website of the board and in any licensee
346	346	18 directory printed or distributed by the board. Additionally,
347	347	19 with written permission of the licensee, the board may release
348	348	20 or publish contact information for a licensee, including his
349	349	21 or her email address, website, telephone number, and address.
350	350	22 "§34-25B-12.
351	351	23 "(a) Each individual applicant for a license as a
352	352	24 private investigator shall meet all of the following criteria
353	353	25 that he or she:
354	354	26 "(1) Is at least 21 years of age.
355	355	Page 13 1 "(2) Has successfully completed a criminal history
356	356	2 background check based on criteria established by the board.
357	357	3 "(2)(3) Has not been declared by any court of
358	358	4 competent jurisdiction incompetent by reason of mental defect
359	359	5 or disease unless a court of competent jurisdiction has
360	360	6 subsequently declared the applicant competent.
361	361	7 "(3)(4) Has not been convicted of a crime of moral
362	362	8 turpitude, with the board having the final determination on
363	363	9 the interpretation of moral turpitude.
364	364	10 "(4)(5) Has not been convicted of a felony crime.
365	365	11 "(5)(6) Has passed an examination to be administered
366	366	12 twice annually by the board designed to measure knowledge and
367	367	13 competence in the investigation field and in state civil and
368	368	14 criminal privacy laws.
369	369	15 "(7) Has a minimum of two years' experience,
370	370	16 education, or training, or a combination thereof, including
371	371	17 120 hours of practical field experience directly related to
372	372	18 private investigation, in any of the following areas:
373	373	19 "a. Special investigations, consisting of special
374	374	20 investigative experience in insurance, fire or arson, banking,
375	375	21 legal, or similar setting, or other special investigatory
376	376	22 experience as determined suitable by the board.
377	377	23 "b. Law enforcement, consisting of experience as a
378	378	24 sworn law enforcement officer, investigative experience as a
379	379	25 detective or investigator at the federal, state, or local
380	380	26 level, or other investigative experience as determined
381	381	27 suitable by the board.
382	382	Page 14 1 "c. Education, consisting of a minimum of a two-year
383	383	2 degree in a field of study directly related to private
384	384	3 investigation including, but not limited to, criminal justice,
385	385	4 political science, criminology, or law enforcement.
386	386	5 "d. Internship, consisting of successful completion
387	387	6 of a private investigator apprenticeship pursuant to Section
388	388	7 34-25B-12.1.
389	389	8 "(b) A study guide shall be provided to any
390	390	9 applicant seeking to obtain an initial or renewal license
391	391	10 under this chapter.
392	392	11 "(c) Any investigator currently holding a business
393	393	12 license in the State of Alabama shall not have to meet the
394	394	13 initial application requirements of this chapter, but shall be
395	395	14 issued a license pursuant to this chapter upon application.
396	396	15 "§34-25B-13.
397	397	16 "(a) Upon receipt of an application for a license as
398	398	17 a private investigator pursuant to this chapter,
399	399	18 nonrefundable, nonprorateable application fees shall be
400	400	19 submitted to the board by the applicant for all of the
401	401	20 following services:
402	402	21 "(1) A request that the Alabama Bureau of
403	403	22 Investigation compare Alabama State Law Enforcement Agency
404	404	23 perform a state criminal history background check on the
405	405	24 fingerprints submitted with the application to fingerprints
406	406	25 filed with the Alabama Bureau of Investigation. On subsequent
407	407	26 applications, the Alabama Bureau of Investigation State Law
408	408	27 Enforcement Agency, at the request of the board, shall review
409	409	Page 15 1 its criminal history files based upon the name, date of birth,
410	410	2 sex, race, and Social Security number of an applicant whose
411	411	3 fingerprints have previously been submitted to the bureau for
412	412	4 any new information since the date of the initial fingerprint
413	413	5 comparison submission, and shall furnish any information
414	414	6 thereby derived to the board.
415	415	7 "(2) A request to submit the fingerprints to the
416	416	8 Federal Bureau of Investigation for a search of its files to
417	417	9 determine whether an individual fingerprinted has any recorded
418	418	10 convictions completion of a national criminal history
419	419	11 background check.
420	420	12 "(b) After the approval of the application by the
421	421	13 board, the board shall issue a license in a form prescribed by
422	422	14 the board to each qualified applicant upon its receipt of a
423	423	15 nonrefundable, nonprorateable private investigator license fee
424	424	16 as set by the board.
425	425	17 "(c)(1) If an application for a license is denied,
426	426	18 the board shall notify the applicant in writing and specify
427	427	19 the grounds for denial. If the grounds are subject to
428	428	20 correction by the applicant, the notice shall so state and
429	429	21 specify a reasonable period of time within which the applicant
430	430	22 shall make the required correction.
431	431	23 "(2) The applicant may submit an application for
432	432	24 reconsideration to the board within 30 days from the date of
433	433	25 receipt of the denial.
434	434	26 "(d) The board shall issue a license to all
435	435	27 licensees that shall be at least 8" x 10" in size and shall be
436	436	Page 16 1 displayed on a wall of the workplace of the licensee. This
437	437	2 license All licenses and identification cards issued by the
438	438	3 board shall be deemed property of the State of Alabama and
439	439	4 subject to forfeiture to the state upon revocation.
440	440	5 "§34-25B-14.
441	441	6 "(a) The board shall issue to every private
442	442	7 investigator licensee and private investigator apprentice
443	443	8 licensee an identification card, which shall be issued in
444	444	9 credit card size, be permanently laminated, and contain all of
445	445	10 the following information of the licensee:
446	446	11 "(1) Name.
447	447	12 "(2) Photograph.
448	448	13 "(3) Physical characteristics.
449	449	14 "(4) Private investigator's license number.
450	450	15 "(5) Expiration date of license.
451	451	16 "(b) The identification card shall be carried on the
452	452	17 person of the licensee when engaged in the activities of the
453	453	18 licensee.
454	454	19 "(c) A private investigator licensee shall include
455	455	20 his or her license number on all advertisements, brochures,
456	456	21 stationary, letterhead, case reports, and business cards
457	457	22 distributed or used by the private investigator.
458	458	23 "§34-25B-17.
459	459	24 "(a) All licenses issued or renewed under this
460	460	25 chapter article shall be valid for a period of two years from
461	461	26 the date month of issuance. The board shall provide mail to
462	462	27 each licensee with a renewal application, at his or her
463	463	Page 17 1 address of record, a notice of renewal at least 60 days prior
464	464	2 to the expiration of the his or her license. An application
465	465	3 for renewal shall be available for download by the licensee on
466	466	4 the website of the board. A licensee shall report any change
467	467	5 of address to the board.
468	468	6 "(b) Each application for renewal shall be reviewed
469	469	7 for criminal convictions and civil fraud findings.
470	470	8 "(c) An administrative late fee not exceeding two
471	471	9 hundred dollars ($200), as prescribed by the board, shall be
472	472	10 assessed on any renewal application postmarked after the
473	473	11 expiration date of the license.
474	474	12 "(d) No A renewal application may not be accepted by
475	475	13 the board more than 30 days after the expiration date of the
476	476	14 license. This subsection may be waived by the board for good
477	477	15 cause.
478	478	16 "(e) A licensee may request, in writing, for the
479	479	17 board to place his or her license on inactive status. The fees
480	480	18 for issuing and renewing an inactive status certificate shall
481	481	19 be established by rule of the board. The board shall also
482	482	20 provide, by rule, for the activities an inactive status
483	483	21 certificate holder may engage in, and for the procedure and
484	484	22 fees required to reinstate an inactive status license. Any
485	485	23 holder of an inactive status certificate who violates the
486	486	24 limitations of the certificate shall be subject to fines and
487	487	25 disciplinary action established by rule of the board.
488	488	26 "§34-25B-18.
489	489	Page 18 1 "(a) The board may suspend, revoke, or refuse to
490	490	2 issue or renew any private investigator license issued by it
491	491	3 the board upon finding that the holder or applicant has
492	492	4 committed any of the following acts:
493	493	5 "(1) A violation of this chapter or any rule
494	494	6 promulgated adopted pursuant to this chapter.
495	495	7 "(2) Fraud, deceit, or misrepresentation regarding
496	496	8 an application or license.
497	497	9 "(3) Knowingly and willfully making a material
498	498	10 misstatement in connection with an application for a license
499	499	11 or renewal.
500	500	12 "(4) A conviction by a court of competent
501	501	13 jurisdiction of a felony.
502	502	14 "(5) A conviction by a court of competent
503	503	15 jurisdiction of a Class A misdemeanor, if the board finds that
504	504	16 the conviction reflects unfavorably on the fitness of the
505	505	17 person individual for the license.
506	506	18 "(6) The commission of any act which would have been
507	507	19 cause for refusal to issue the license or identification card
508	508	20 had it existed and been known to the board at the time of
509	509	21 issuance.
510	510	22 "(b) In addition to, or in lieu of, any other lawful
511	511	23 disciplinary action under this section, the board may assess a
512	512	24 civil penalty not exceeding two thousand dollars ($2,000) for
513	513	25 each violation.
514	514	Page 19 1 "(c) A license may be suspended for the remaining
515	515	2 license period and renewed during any period in which the
516	516	3 license was suspended.
517	517	4 "(d) Any entity or individual who operates, provides
518	518	5 services, or advertises the provision of private investigator
519	519	6 services without a license as required by this chapter shall
520	520	7 be subject to an administrative fine of up to one thousand
521	521	8 dollars ($1,000) per day that those services are provided or
522	522	9 advertised and may be administratively enjoined by the board
523	523	10 from providing services or advertising until in compliance
524	524	11 with this chapter.
525	525	12 "§34-25B-21.
526	526	13 "The board shall provide routinely publish and
527	527	14 update a copy of this chapter and any rules promulgated
528	528	15 adopted under this chapter to the following: on the website of
529	529	16 the board.
530	530	17 "(1) Each licensee, upon issuance of an original
531	531	18 license, and every two years thereafter upon license renewal.
532	532	19 "(2) Any other person, upon request, for a
533	533	20 reasonable fee established by the board.
534	534	21 "§34-25B-22.
535	535	22 "(a) The following acts when committed by an
536	536	23 individual licensed as a private investigator in Alabama or a
537	537	24 private investigator apprentice, or employed by or contracting
538	538	25 with a private investigation agency, shall constitute a
539	539	26 violation punishable as a Class A misdemeanor:
540	540	Page 20 1 "(1) To knowingly make a material misrepresentation
541	541	2 as to the ability of the individual to perform the
542	542	3 investigation required by a potential client in order to
543	543	4 obtain employment.
544	544	5 "(2) To make unsubstantiated monetary charges to a
545	545	6 client for services not rendered or transportation not
546	546	7 utilized.
547	547	8 "(3) To knowingly make a false report to a client in
548	548	9 relation to the investigation performed for a client.
549	549	10 "(4) To continue an investigation for a client when
550	550	11 it becomes obvious to the investigator that a successful
551	551	12 completion of an investigation is unlikely without first
552	552	13 advising the client and obtaining the approval of the client
553	553	14 for continuation of the investigation.
554	554	15 "(5) To reveal information obtained for a client
555	555	16 during an investigation to another individual except as
556	556	17 required by law.
557	557	18 "(b) Persons Individuals licensed pursuant to this
558	558	19 chapter shall report any suspected instances of child abuse or
559	559	20 neglect to a local law enforcement agency or the Department of
560	560	21 Human Resources, or both.
561	561	22 "§34-25B-26.
562	562	23 "(a) Each private investigator licensee shall
563	563	24 complete eight 16 hours of continuing professional education,
564	564	25 including two hours of ethics instruction, acceptable to the
565	565	26 board in each calendar year two-year renewable licensing
566	566	27 period.
567	567	Page 21 1 "(b) The board shall make every effort to ensue at
568	568	2 least one seminar per year will be held in each congressional
569	569	3 district of the state providing an opportunity to fulfill the
570	570	4 continuing professional education requirements of this
571	571	5 section, which shall include at least one hour per year on
572	572	6 ethics.
573	573	7 "(c)(b) The board shall promulgate adopt rules as
574	574	8 necessary to carry out implement this section."
575	575	9 Section 3. Section 34-25B-12.1 is added to the Code
576	576	10 of Alabama 1975, to read as follows:
577	577	11 §34-25B-12.1.
578	578	12 (a) An individual may obtain a license as a private
579	579	13 investigator apprentice and work under the supervision of a
580	580	14 private investigator.
581	581	15 (b) An applicant for a private investigator
582	582	16 apprentice license shall meet all of the following criteria to
583	583	17 obtain a license:
584	584	18 (1) Be at least 18 years of age.
585	585	19 (2) Be a high school graduate, have earned a GED
586	586	20 certification, or have completed other equivalent education as
587	587	21 determined suitable by the board.
588	588	22 (3) Meet the requirements of subdivisions (2) to
589	589	23 (5), inclusive, of Section 34-25B-12.
590	590	24 (c) An individual issued a private investigator
591	591	25 apprentice license shall successfully pass an examination
592	592	26 required by the board, which shall be taken during a time
593	593	27 period designated by rule of the board, not sooner than 45
594	594	Page 22 1 days after initial licensure. Before taking the examination, a
595	595	2 private investigator apprentice licensee may begin working as
596	596	3 an intern. If the examination is not successfully passed by
597	597	4 the deadline set by rule of the board, the private
598	598	5 investigator apprentice license may be suspended until such
599	599	6 time that a passing grade has been achieved.
600	600	7 (d)(1) A private investigator apprentice shall be
601	601	8 trained under the supervision of a sponsor private
602	602	9 investigator who has at least two years' experience as a
603	603	10 licensed private investigator in this state and who is
604	604	11 certified by the board as a sponsor. The board may charge a
605	605	12 one-time certification fee per sponsor, not exceeding fifty
606	606	13 dollars ($50), and may, by rule, establish standards for
607	607	14 certification, refusing certification, reporting of
608	608	15 apprentices sponsored, and documentation required for
609	609	16 sponsorships.
610	610	17 (2) Supervision of a private investigator apprentice
611	611	18 may be in person, by telephone, or by other form of electronic
612	612	19 communication and oversight. A sponsor may not act as a
613	613	20 sponsor for more than five private investigator apprentices at
614	614	21 one time. A sponsor shall maintain records of training
615	615	22 activities as required by the board, by rule, and shall make
616	616	23 those records available to the board upon request. Failure of
617	617	24 a sponsor to maintain adequate records may result in the
618	618	25 revocation of his or her sponsor certification.
619	619	Page 23 1 (e) A private investigator apprentice shall have
620	620	2 three years to complete his or her internship. An internship
621	621	3 shall consist of both of the following:
622	622	4 (1) The successful completion of a minimum number of
623	623	5 hours of experience in the field and classroom training, not
624	624	6 exceeding 300 hours, as established by board rule. Classroom
625	625	7 instruction shall be provided by a certified trainer and shall
626	626	8 include instruction in administrative functions, including
627	627	9 report writing and research.
628	628	10 (2) The successful completion of a minimum of eight
629	629	11 hours per year of continuing education credit, as administered
630	630	12 by the Alabama Private Investigators Association, or other
631	631	13 certified provider of continuing education approved by the
632	632	14 board. The coursework shall include instruction in
633	633	15 investigations and a minimum of two hours of ethics training
634	634	16 annually, and may include business operations training.
635	635	17 (f) To qualify for a license as a private
636	636	18 investigator, a private investigator apprentice licensee shall
637	637	19 submit proof of successful completion of an internship
638	638	20 pursuant to this section and shall pay the applicable license
639	639	21 fee to the board.
640	640	22 (g) A private investigator apprentice licensee who
641	641	23 does not complete an internship within three years after being
642	642	24 issued a private investigator apprentice license shall be
643	643	25 required to reapply for a new private investigator apprentice
644	644	26 license. A private investigator apprentice license shall be
645	645	27 renewed annually during an internship. Any education and
646	646	Page 24 1 training experience completed during a previous internship
647	647	2 shall be credited toward completing a new internship. A
648	648	3 private investigator apprentice licensee may obtain a copy of
649	649	4 his or her training records from the sponsoring private
650	650	5 investigator. A sponsor who fails to provide training records,
651	651	6 as requested, may have his or her sponsor certification
652	652	7 revoked or be fined by the board, or both.
653	653	8 (h) A private investigator apprentice licensee may
654	654	9 only perform work under the supervision of a certified sponsor
655	655	10 and may not advertise or perform any private investigation
656	656	11 services for the general public outside of that supervision.
657	657	12 (i) If a private investigator apprentice is
658	658	13 instructed by a sponsor to perform any action that violates
659	659	14 this chapter, both the private investigator apprentice and the
660	660	15 sponsor may be held responsible by the board. The private
661	661	16 investigator apprentice licensee shall be responsible for
662	662	17 identifying any conflicts of interest on assigned case work
663	663	18 and notifying the sponsor of any conflict.
664	664	19 Section 4. Article 2, commencing with Section
665	665	20 34-25B-50, is added to Chapter 25B of Title 34 of the Code of
666	666	21 Alabama 1975, to read as follows:
667	667	22 ARTICLE 2. Private Investigation Agencies.
668	668	23 §34-25B-50.
669	669	24 (a)(1) A business entity and its agents, officers,
670	670	25 and employees, whether domiciled within or outside of this
671	671	26 state, which employ or subcontract with private investigators,
672	672	27 may not practice, advertise, or hold themselves out to the
673	673	Page 25 1 public as a private investigation agency without first being
674	674	2 licensed by the board. A violation of this subsection by an
675	675	3 applicant or a licensee shall be punishable as a Class A
676	676	4 misdemeanor.
677	677	5 (2) This subsection does not prevent a business
678	678	6 entity domiciled outside of this state from contracting with a
679	679	7 private investigation agency domiciled within this state, but
680	680	8 requires any private investigator doing contract work for a
681	681	9 business entity domiciled outside of this state, that is not
682	682	10 licensed in this state, to register as a private investigation
683	683	11 agency.
684	684	12 (b) Commencing on January 1, 2023, no business
685	685	13 entity that conducts private investigations for compensation
686	686	14 in this state, and employs private investigators in this
687	687	15 state, may operate without a license.
688	688	16 (c) A private investigation agency may not employ
689	689	17 more than four private investigators at one time.
690	690	18 §34-25B-51.
691	691	19 (a) Application for a license as a private
692	692	20 investigation agency shall be made in writing to the board, on
693	693	21 forms prescribed by the board, and shall include all of the
694	694	22 following information:
695	695	23 (1) The name of the applicant.
696	696	24 (2) The business name and physical and email address
697	697	25 of the applicant.
698	698	26 (3) A telephone number and other contact information
699	699	27 for the applicant.
700	700	Page 26 1 (4) If the applicant is not a domestic business
701	701	2 entity in the state, the name and contact information for the
702	702	3 registered agent of the applicant for service of process.
703	703	4 (5) The name, address, and contact information of a
704	704	5 principal contact for the applicant.
705	705	6 (6) The name, address, and contact information for
706	706	7 at least one officer or principal of the company who holds a
707	707	8 valid private investigator license in this state.
708	708	9 (7) An irrevocable uniform consent to service of
709	709	10 process.
710	710	11 (8) A designated physical address where the records
711	711	12 of the applicant shall be kept.
712	712	13 (9) Any other information required by the board and
713	713	14 reasonably necessary to grant licensure, as established by
714	714	15 rule of the board.
715	715	16 (b) Upon receipt of a properly completed application
716	716	17 and payment of a license fee as provided in this subsection,
717	717	18 the board shall issue the applicant a private investigation
718	718	19 agency license.
719	719	20 (1) For a private investigation agency domiciled
720	720	21 within this state, the license fee and renewal fee shall be in
721	721	22 an amount determined by the board, not exceeding fifty dollars
722	722	23 ($50) for a private investigation agency that employs or
723	723	24 contracts with not more than two licensed private
724	724	25 investigators, and not exceeding two hundred dollars ($200)
725	725	26 for a private investigation agency that employs or contracts
726	726	27 with three or four licensed private investigators.
727	727	Page 27 1 (2) For a private investigation agency domiciled
728	728	2 outside of this state, the license fee shall be in an amount
729	729	3 determined by the board, not exceeding five hundred dollars
730	730	4 ($500).
731	731	5 (c) A private investigation agency license shall be
732	732	6 valid for two years from the month of issuance and may be
733	733	7 renewed upon payment of the license fee provided in subsection
734	734	8 (b) and the satisfaction of any other reasonable requirement
735	735	9 established by rule by the board.
736	736	10 §34-25B-52.
737	737	11 (a) The board shall issue to each private
738	738	12 investigation agency licensee a certification, which shall be
739	739	13 at least 8" x 10" in size and shall contain the following
740	740	14 information:
741	741	15 (1) The name of the private investigation agency.
742	742	16 (2) The physical address of the private
743	743	17 investigation agency.
744	744	18 (3) The license number.
745	745	19 (4) The expiration date of the license.
746	746	20 (b) The certification card shall be posted in a
747	747	21 conspicuous area at the physical address of the private
748	748	22 investigation agency.
749	749	23 (c) The private investigation agency shall display
750	750	24 the agency license number on all advertisements, brochures,
751	751	25 stationary, letterhead, case reports, and business cards,
752	752	26 distributed or used by the private investigation agency. Any
753	753	27 invoice generated for professional services performed by the
754	754	Page 28 1 private investigation agency or a private investigator
755	755	2 licensee, contractor, or employee of the private investigation
756	756	3 agency shall include the license number for each licensee
757	757	4 whose services are being compensated for by a consumer and the
758	758	5 time being charged by the private investigator licensee,
759	759	6 contractor, or employee of the private investigation agency.
760	760	7 Nonlicensee and noninvestigative services provided by
761	761	8 secretarial or office administrative staff, and charges for
762	762	9 rental equipment and other nonprofessional services and items,
763	763	10 shall not be included on the professional invoice. Case
764	764	11 reports shall include the license number of each licensee
765	765	12 involved in performing work on the case.
766	766	13 §34-25B-53.
767	767	14 (a) The board shall mail to each private
768	768	15 investigation agency licensee a notice of renewal at least 60
769	769	16 days prior to the expiration of the license. An application
770	770	17 for renewal shall be available for download by the licensee on
771	771	18 the website of the board. A licensee shall report any change
772	772	19 of address to the board.
773	773	20 (b) An administrative late fee, not exceeding two
774	774	21 hundred dollars ($200) as prescribed by rule of the board,
775	775	22 shall be assessed on any renewal application postmarked after
776	776	23 the expiration date of the license.
777	777	24 (c) A renewal application may not be accepted by the
778	778	25 board more than 30 days after the expiration date of the
779	779	26 license. This subsection may be waived by the board for good
780	780	27 cause.
781	781	Page 29 1 §34-25B-54.
782	782	2 The board shall adopt rules as necessary to
783	783	3 implement this article.
784	784	4 Section 5. Although this bill would have as its
785	785	5 purpose or effect the requirement of a new or increased
786	786	6 expenditure of local funds, the bill is excluded from further
787	787	7 requirements and application under Amendment 621, as amended
788	788	8 by Amendment 890, now appearing as Section 111.05 of the
789	789	9 Official Recompilation of the Constitution of Alabama of 1901,
790	790	10 as amended, because the bill defines a new crime or amends the
791	791	11 definition of an existing crime.
792	792	12 Section 6. This act shall become effective on the
793	793	13 first day of the third month following its passage and
794	794	14 approval by the Governor, or its otherwise becoming law.
795	795	Page 30