BILL NUMBER: SB 202INTRODUCED BILL TEXT INTRODUCED BY Senators Harman, Aanestad, Cox, Ducheny, and Wyland (Coauthors: Assembly Members Adams, Gaines, Garrick, Hall, and Silva) FEBRUARY 23, 2009 An act to amend Section 7570 of, and to add Section 7560.5 to, the Business and Professions Code, relating to private investigators. LEGISLATIVE COUNSEL'S DIGEST SB 202, as introduced, Harman. Private investigators: continuing education. Existing law, the Private Investigator Act, provides for the licensure and regulation of private investigators by the Bureau of Security and Investigative Services within the Department of Consumer Affairs. Existing law requires an applicant for licensure to submit a specified application, meet certain requirements, and pay a fee not to exceed $175. Existing law provides that a private investigator license expires 2 years following the date of issuance or on the assigned renewal date. A licensee is required to apply for a renewal and pay a renewal fee not to exceed $125 in order to renew his or her license. On and after January 1, 2013, this bill would require licensees, as a condition of license renewal, to complete 12 hours of continuing education in specified subjects, and as otherwise specified for a licensee renewing a license between January 1, 2012, and January 1, 2013. The bill would require a licensee for renewal to submit to the department a signed statement attesting that he or she has completed the specified continuing education requirements, for which a false statement may be subject to a specified civil penalty as well as suspension of a license. The bill would specify that these continuing education requirements do not apply to any individual licensed as a private investigator who is 70 years of age or older and has been in good standing for at least 25 consecutive years or is an inactive licensed private investigator, as defined. The bill would authorize an inactive licensee to become active by, among other things, submitting to the department a signed statement attesting that he or she has completed the specified continuing education requirements, for which a false statement may be subject to a specified civil penalty as well as suspension of a license. The bill would specify standards to be met by continuing education providers and would require the department to convene a review panel to consult with the department in the consideration and approval of course providers and course content. The bill would also increase the fee for an original license to up to $195 and the renewal fee to up to $145. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 7560.5 is added to the Business and Professions Code, to read: 7560.5. (a) (1) On or after January 1, 2013, any individual licensed as a private investigator shall complete 12 hours of continuing education, as approved by the department, in order to renew his or her license, and of these, two hours shall be on the subject of privacy rights, two hours shall be on the subject of professional ethics, two hours shall be on the subject of recent legal developments relating to private investigators, and six hours shall be on any subject relating to private investigators. (2) Notwithstanding paragraph (1), any individual licensed as a private investigator whose license is subject to renewal between January 1, 2012, and January 1, 2013, shall complete six hours of continuing education, as approved by the department, in order to renew his or her license, and of these, two hours shall be on the subject of privacy rights, two hours shall be on the subject of professional ethics, and two hours shall be on the subject of recent legal developments relating to private investigators. (b) A licensee shall submit to the department a signed statement attesting that he or she has completed the continuing education requirement in subdivision (a). This statement shall be submitted with the license renewal application. (c) A licensee shall maintain, for a period of five years, copies of certificates of continuing education completion demonstrating compliance with the continuing education requirement in subdivision (a). (d) The department may suspend for a period not to exceed 60 days, the license of any licensee who is found not to be in compliance with subdivision (a), (b), or (c), at which time the department shall revoke the license unless the required continuing education has been completed and documented. (e) The department shall have the right to audit the records of any licensee to verify completion of the continuing education requirement. (f) This section shall not apply to any individual licensed as a private investigator who meets either of the following requirements: (1) Is 70 years of age or older and has been a licensee in good standing for a minimum of 25 consecutive years. (2) Is an inactive licensed private investigator. (A) For the purposes of this subdivision, "inactive licensed private investigator" shall mean an individual who meets all of the following requirements: (i) Is licensed under this chapter. (ii) Has informed the department that he or she will not be performing activities that require licensure. (iii) Does not perform activities requiring licensure. (B) A licensee who is inactive under this paragraph may become active at the beginning of the regular, two-year license registration period upon submission to the department of a signed statement attesting that he or she has completed the continuing education requirement in subdivision (a), and upon payment to the department of the renewal fee, as specified in Section 7570. (g) Continuing education providers (CEPs) shall obtain approval from the department prior to offering a course for continuing education to licensed private investigators. For purposes of this section, CEPs that have been approved by, and are in good standing with, the State Bar to provide mandatory continuing legal education may offer courses for continuing education to licensed private investigators without approval from the department. (1) CEPs shall submit to the department a course description, certificate, and curriculum vitae of course instructors for review and approval. (2) CEPs shall maintain a record of course sign-in forms, sign-out forms, student enrollment, copies of certificates of completion, and course outlines for a period of five years. (3) CEPs shall agree to audits performed by the department. (4) The director may revoke or deny the right of a CEP to offer continuing education for failure to comply with any of the requirements of this subdivision. (h) (1) The department shall establish a procedure for approving CEPs to offer continuing education to licensed private investigators. (2) The department shall convene a review panel to consult with the department in the consideration and approval of CEPs and course content. The review panel shall include representatives of CEPs and professional associations of licensed private investigators. Accredited academic institutions and recognized national and state associations of licensed private investigators may be approved by the department as CEPs. (3) The department shall develop criteria for course providers and course content that, to the extent applicable and feasible, is consistent with the provisions of Section 166. (i) If, in a signed statement required by subdivision (b) or (f), a declarant willfully states as true any material fact he or she knows to be false, that person shall be subject to a civil penalty of up to ten thousand dollars ($10,000). In addition, the department may suspend the license of a licensee for a period not to exceed one year, at which time the department shall revoke the license unless the licensee submits a signed statement attesting that he or she has completed the continuing education requirement in subdivision (a). Any public prosecutor may bring a civil action to impose the civil penalty. A licensee shall be advised of the penalty authorized under this subdivision in the documents submitted for signature. SEC. 2. Section 7570 of the Business and Professions Code is amended to read: 7570. The fees prescribed by this chapter are as follows: (a) The application and examination fee for an original license may not exceed fifty dollars ($50). (b) The application fee for an original branch office certificate may not exceed thirty dollars ($30). (c) The fee for an original license for a private investigator may not exceed one hundredseventy-five dollars ($175)ninety-five dollars ($195) . (d) The renewal fee is as follows: (1) For a license as a private investigator, the fee may not exceed one hundredtwenty-five dollars ($125)forty-five dollars ($145) . (2) For a combination license as a private investigator and private patrol operator under Chapter 11.5 (commencing with Section 7580), AC or DC prefix, the fee may not exceed six hundred dollars ($600). (3) For a branch office certificate for a private investigator, the fee may not exceed thirty dollars ($30), and for a combination private investigator and private patrol operator under Chapter 11.5 (commencing with Section 7580), the fee may not exceed forty dollars ($40). (e) The delinquency fee is 50 percent of the renewal fee in effect on the date of expiration. (f) A reinstatement fee is equal to the amount of the renewal fee plus the regular delinquency fee. (g) The fee for reexamination of an applicant or his or her manager may not exceed fifteen dollars ($15).