California 2017-2018 Regular Session

California Senate Bill SB559 Compare Versions

OldNewDifferences
1-Senate Bill No. 559 CHAPTER 569 An act to amend Sections 7512.3, 7512.7, 7515, 7518, 7520.3, 7521, 7521.5, 7525.1, 7526, 7527, 7527.5, 7529, 7530, 7531, 7533.5, 7536, 7537, 7538, 7538.5, 7539, 7541, 7541.1, 7561.1, 7561.3, 7561.4, and 7570 of, to add Section 7533.2 to, and to add and repeal Sections 7512.14 and 7512.15 of, the Business and Professions Code, relating to professions and vocations. [ Approved by Governor October 07, 2017. Filed with Secretary of State October 07, 2017. ] LEGISLATIVE COUNSEL'S DIGESTSB 559, Morrell. Private Investigator Act: license: limited liability company.Existing law, the Private Investigator Act, provides for the licensure and regulation of private investigators by the Bureau of Security and Investigative Services.(1) Existing law, until January 1, 2018, authorizes the bureau to issue a private investigator license to a limited liability company.Existing law, the California Revised Uniform Limited Liability Company Act, authorizes a limited liability company to have any lawful purpose, except as specified, and authorizes a domestic or foreign limited liability company to render services that may be lawfully rendered only pursuant to a license, certificate, or registration authorized by the Business and Professions Code if the provisions of that code authorize a limited liability company or foreign limited liability company to hold that license, certificate, or registration. As a condition for licensure, existing law requires a limited liability company to maintain a policy or policies of insurance against liability imposed on or against it by law for damages arising out of claims based upon acts, errors, or omissions arising out of the private investigator services it provides. Under existing law, if the applicant for a license is a limited liability company, the application is required to include specified information pertaining to each managing member and any other officer or member who will be active in the licensed business.This bill, until January 1, 2021, would extend the authority for the bureau to issue a private investigator license to a limited liability company and make related conforming changes. The bill also would define terms. The bill, on and after July 1, 2018, and until January 1, 2021, would require a licensee organized as a limited liability company to report a paid or pending claim against its liability insurance to the bureau and would require the bureau to post a notice of the claim on a specified license verification Internet Web page. The bill, beginning July 1, 2018, would require an applicant for an initial license or a licensee applying for reassignment of the license to notify the bureau on the application for licensure or reassignment if the applicant or licensee is a limited liability company and would require the bureau to include this information on a specified license verification Internet Web page.(2) Existing law requires an applicant, or his or her manager, for a license as a private investigator to have had at least 3 years experience in investigation work. Under existing law, a years experience is required to consist of not less than 2,000 hours of actual compensated work performed by each applicant preceding the filing of an application. Under existing law, an applicant who holds a law degree or who has completed a four-year course in police science, criminal justice, criminal law, or the equivalent is required to have had 2 years experience in investigation work.This bill would revise and recast these provisions by requiring an applicant with a law degree or bachelors degree in police science, criminal justice, criminal law, or the equivalent to be credited with 2,000 hours of experience in investigation work. The bill would require an applicant with an associate degree in police science, criminal justice, criminal law, or the equivalent to be credited with 1,000 hours of experience in investigation work. The bill would prohibit the total amount of time credited to an applicant for these degrees from exceeding 2,000 hours of experience in investigation work.(3) This bill would make various other conforming changes.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 7512.3 of the Business and Professions Code, as amended by Section 1 of Chapter 669 of the Statutes of 2014, is amended to read:7512.3. (a) As used in this chapter, person includes any individual, firm, company, limited liability company, association, organization, partnership, and corporation.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 2. Section 7512.3 of the Business and Professions Code, as added by Section 2 of Chapter 669 of the Statutes of 2014, is amended to read:7512.3. (a) As used in this chapter, person includes any individual, firm, company, association, organization, partnership, and corporation.(b) This section shall become operative on January 1, 2021.SEC. 3. Section 7512.7 of the Business and Professions Code is amended to read:7512.7. As used in this chapter, qualified manager means the individual under whose direction, control, charge, or management the business of a licensee is operated as specified in Section 7536.SEC. 4. Section 7512.14 is added to the Business and Professions Code, to read:7512.14. (a) As used in this chapter, member means an individual who is a member of a limited liability company as specified in Section 17704.01 of the Corporations Code.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 5. Section 7512.15 is added to the Business and Professions Code, to read:7512.15. (a) As used in this chapter, manager means an individual designated under an operating agreement of a manager-managed limited liability company who is responsible for performing the management functions for the limited liability company specified in subdivision (c) of Section 17704.07 of the Corporations Code.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 6. Section 7515 of the Business and Professions Code is amended to read:7515. The director may adopt and enforce reasonable rules, as follows:(a) Fixing the qualifications of licensees and qualified managers, in addition to those prescribed in this chapter, necessary to promote and protect the public welfare.(b) Carrying out generally the provisions of this chapter, including regulation of the conduct of licensees.SEC. 7. Section 7518 of the Business and Professions Code is amended to read:7518. Where a hearing is held under this chapter to determine whether an application for a license should be granted or to determine the qualifications of a licensees qualified manager, the proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the director shall have all of the powers granted therein.SEC. 8. Section 7520.3 of the Business and Professions Code is amended to read:7520.3. (a) As a condition of the issuance, reinstatement, reactivation, or continued valid use of a license under this chapter, a limited liability company shall, in accordance with this section, maintain a policy or policies of insurance against liability imposed on or against it by law for damages arising out of claims based upon acts, errors, or omissions arising out of the private investigator services it provides.(b) The total aggregate limit of liability under the policy or policies of insurance required under this section shall be as follows:(1) For a limited liability company licensee with five or fewer persons named as members pursuant to subdivision (i) of Section 7525.1, the aggregate limit shall not be less than one million dollars ($1,000,000).(2) For a limited liability company licensee with more than five persons named as members pursuant to subdivision (i) of Section 7525.1, an additional one hundred thousand dollars ($100,000) of insurance shall be obtained for each person named as members of the licensee except that the maximum amount of insurance is not required to exceed five million dollars ($5,000,000) in any one designated period, less amounts paid in defending, settling, or discharging claims as set forth under this section.(c) Prior to the issuance, reinstatement, or reactivation of a limited liability company license as provided under this chapter, the applicant or licensee shall, in the manner prescribed by the bureau, submit the information and documentation required by this section and requested by the bureau, demonstrating compliance with the financial security requirements specified by this section.(d) For any insurance policy secured by a licensee in satisfaction of this section, a Certificate of Liability Insurance, signed by an authorized agent or employee of the insurer, shall be submitted electronically or otherwise to the bureau. The insurer issuing the certificate shall report to the bureau the following information for any policy required under this section: name, license number, policy number, dates that coverage is scheduled to commence and lapse, and cancellation date if applicable. The insurer shall list the bureau as the certificate holder for the purposes of receiving notifications related to the policys status.(e) (1) If a licensee fails to maintain sufficient insurance as required by this section, or fails to provide proof of the required insurance upon request by the bureau, the license is subject to suspension and shall be automatically suspended pursuant to this subdivision until the date that the licensee provides proof to the bureau of compliance with the insurance coverage requirement.(2) Prior to an automatic suspension, the bureau shall notify the licensee, in writing, that it has 30 days to provide proof to the bureau of having the required insurance or the license shall be automatically suspended.(3) If the licensee fails to provide proof of insurance coverage within this period, the bureau may automatically suspend the license.(f) If the license of a limited liability company is suspended pursuant to subdivision (e), each member of the limited liability company shall be personally liable up to one million dollars ($1,000,000) each for damages resulting to third parties in connection with the companys performance, during the period of suspension, of any act or contract when a license is required by this chapter.(g) On and after July 1, 2018, a licensee organized as a limited liability company shall report a paid or pending claim against its liability insurance to the bureau, which shall post a notice of the claim on the Department of Consumer Affairs BreEZe License Verification Internet Web page. (h) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 9. Section 7521 of the Business and Professions Code is amended to read:7521. A private investigator within the meaning of this chapter is a person, other than an insurance adjuster subject to the provisions of Chapter 1 (commencing with Section 14000) of Division 5 of the Insurance Code, who, for any consideration whatsoever engages in business or accepts employment to furnish or agrees to furnish any person to protect persons pursuant to Section 7521.5, or engages in business or accepts employment to furnish, or agrees to make, or makes, any investigation for the purpose of obtaining, information with reference to:(a) Crime or wrongs done or threatened against the United States of America or any state or territory of the United States of America.(b) The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of any person.(c) The location, disposition, or recovery of lost or stolen property.(d) The cause or responsibility for fires, libels, losses, accidents, or damage or injury to persons or to property.(e) Securing evidence to be used before any court, board, officer, or investigating committee.For the purposes of this section, a private investigator is any person, as defined in Section 7512.3, acting for the purpose of investigating, obtaining, and reporting to any employer, or an agent designated by the employer, information concerning the employers employees involving questions of integrity, honesty, breach of rules, or other standards of performance of job duties.This section shall not apply to a public utility regulated by the State Public Utilities Commission, or its employees.SEC. 10. Section 7521.5 of the Business and Professions Code is amended to read:7521.5. (a) A private investigator may provide services to protect a person, but not property, which is incidental to an investigation for which the private investigator has been previously hired to perform.(b) If the private investigator provides those services, he or she shall comply with the requirements of Article 4 (commencing with Section 7540), as those provisions relate to the carrying of firearms and the receipt of a valid firearms qualification card from the bureau.(c) If the private investigator provides those services, he or she shall comply with the requirements of Sections 7583.39, 7583.40, and 7583.41, as those provisions relate to the maintenance of an insurance policy.(d) If a person acts for, or on behalf of a private investigator in providing those services, that person shall be an employee of the private investigator, as defined by Section 7512.11, and there shall be an employer-employee relationship, as defined in Section 7512.12, and that person shall comply with the requirements of this section, except as provided in subdivisions (b) and (c).SEC. 11. Section 7525.1 of the Business and Professions Code, as amended by Section 11 of Chapter 800 of the Statutes of 2016, is amended to read:7525.1. An application shall be verified and shall include:(a) The full name and business address of the applicant.(b) The name under which the applicant intends to do business.(c) A statement as to the general nature of the business in which the applicant intends to engage.(d) A verified statement of his or her experience qualifications.(e) (1) If the applicant is an individual, a qualified manager, a partner of a partnership, an officer of a corporation designated in subdivision (h), or a member, officer, or manager of a limited liability company designated in subdivision (i), one personal identification form provided by the bureau upon which shall appear a photograph taken within one year immediately preceding the date of the filing of the application together with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, on a form approved by the Department of Justice, and a personal description of each person, respectively. The identification form shall include residence addresses and employment history for the previous five years and be signed under penalty of perjury.(2) The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants, excluding those submitted into an electronic fingerprint system using electronic fingerprint technology.(f) In addition, if the applicant for a license is an individual, the application shall list all other names known as or used during the past 10 years and shall state that the applicant is to be personally and actively in charge of the business for which the license is sought. If any other qualified manager is to be actively in charge of the business, the application shall be subscribed, verified, and signed by the applicant, under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person under penalty of perjury.(g) If the applicants for a license are copartners, the application shall state the true names and addresses of all partners and the name of the partner to be actively in charge of the business for which the license is sought and list all other names known as or used during the past 10 years. If a qualified manager other than a partner is to be actively in charge of the business, then the application shall be subscribed, verified, and signed by all of the partners under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person, under penalty of perjury, under penalty of perjury by all of the partners and the qualified manager, or by all of the partners or the qualified manager.(h) If the applicant for a license is a corporation, the application shall state the true names and complete residence addresses of the chief executive officer, secretary, chief financial officer, and any other corporate officer who will be active in the business to be licensed. The application shall also state the name and address of the designated person to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by a duly authorized officer of the applicant and by the qualified manager thereof, under penalty of perjury.(i) If the applicant for a license is a limited liability company, the application shall state the true name and complete residence address of each member, manager, and any officer who will be active in the business to be licensed. A certified copy of the articles of organization, as filed by the Secretary of State, shall be supplied to the bureau upon request. In the case of a manager-managed limited liability company, the application shall be subscribed, verified, and signed by a manager; otherwise, in the case of a member-managed limited liability company, the application shall be subscribed, verified, and signed by a duly authorized member of the applicant and by the qualified manager thereof. The application shall also state whether any of the members, managers, officers, or the qualified manager has ever used an alias.(j) Any other information, evidence, statements, or documents as may be required by the director.(k) At the discretion of the applicant, a valid email address.(l) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 12. Section 7525.1 of the Business and Professions Code, as amended by Section 6 of Chapter 635 of the Statutes of 2015, is amended to read:7525.1. An application shall be verified and shall include:(a) The full name and business address of the applicant.(b) The name under which the applicant intends to do business.(c) A statement as to the general nature of the business in which the applicant intends to engage.(d) A verified statement of his or her experience qualifications.(e) (1) If the applicant is an individual, a qualified manager, a partner of a partnership, or an officer of a corporation designated in subdivision (h), one personal identification form provided by the bureau upon which shall appear a photograph taken within one year immediately preceding the date of the filing of the application together with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, on a form approved by the Department of Justice, and a personal description of each person, respectively. The identification form shall include residence addresses and employment history for the previous five years and be signed under penalty of perjury.(2) The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants, excluding those submitted into an electronic fingerprint system using electronic fingerprint technology.(f) In addition, if the applicant for a license is an individual, the application shall list all other names known as or used during the past 10 years and shall state that the applicant is to be personally and actively in charge of the business for which the license is sought. If any other qualified manager is to be actively in charge of the business, the application shall be subscribed, verified, and signed by the applicant, under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person under penalty of perjury.(g) If the applicants for a license are copartners, the application shall state the true names and addresses of all partners and the name of the partner to be actively in charge of the business for which the license is sought and list all other names known as or used during the past 10 years. If a qualified manager other than a partner is to be actively in charge of the business, then the application shall be subscribed, verified, and signed by all of the partners under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed under penalty of perjury by that person, by all of the partners and the qualified manager, or by all of the partners or the qualified manager.(h) If the applicant for a license is a corporation, the application shall state the true names and complete residence addresses of the chief executive officer, secretary, chief financial officer, and any other corporate officer who will be active in the business to be licensed. The application shall also state the name and address of the designated person to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by a duly authorized officer of the applicant and by the qualified manager thereof, under penalty of perjury.(i) Any other information, evidence, statements, or documents as may be required by the director.(j) At the discretion of the applicant, a valid email address.(k) This section shall become operative on January 1, 2021.SEC. 13. Section 7526 of the Business and Professions Code is amended to read:7526. Before an application for a license is granted, the applicant for a license or his or her qualified manager shall meet all of the following:(a) Be at least 18 years of age.(b) Not have committed acts or crimes constituting grounds for denial of a license under Section 480.(c) Comply with the requirements specified in this chapter for the particular license for which an application is made.(d) Comply with other qualifications as the director may fix by rule.SEC. 14. Section 7527 of the Business and Professions Code is amended to read:7527. The director may require an applicant or his or her qualified manager, to demonstrate his or her qualifications by a written or oral examination, or a combination of both.SEC. 15. Section 7527.5 of the Business and Professions Code is amended to read:7527.5. Payment of the application fee prescribed by this chapter entitles an applicant or his or her qualified manager to one examination without further charge. If the person fails to pass the examination, he or she shall not be eligible for any subsequent examination except upon payment of the reexamination fee prescribed by this chapter for each subsequent examination.SEC. 16. Section 7529 of the Business and Professions Code, as amended by Section 6 of Chapter 669 of the Statutes of 2014, is amended to read:7529. (a) Upon the issuance of a license, a pocket card of the size, design, and content as may be determined by the director shall be issued by the bureau to each licensee, as follows:(1) If the licensee is an individual, the pocket card shall be issued to the licensee and the licensees qualified manager.(2) If the licensee is a partnership, the pocket card shall be issued to each partner of the partnership licensee active in the business and the licensees qualified manager.(3) If the licensee is a corporation, the pocket card shall be issued to each officer active in the business and the licensees qualified manager.(4) If the licensee is a limited liability company, the pocket card shall be issued to each member, officer, and manager of the licensee active in the business and the licensees qualified manager.(b) The pocket card is evidence that the licensee is licensed pursuant to this chapter. The card shall contain the signature of the licensee, signature of the chief, and a photograph of the licensee, or bearer of the card, if the licensee is other than an individual. The card shall clearly state that the person is licensed as a private investigator or is the qualified manager, officer, member, or manager of the licensee. The pocket card is to be composed of a durable material and may incorporate technologically advanced security features. The bureau may charge a fee sufficient to reimburse the departments costs for furnishing the pocket card. The fee charged shall not exceed the actual direct costs for system development, maintenance, and processing necessary to provide this service, and shall not exceed sixteen dollars ($16). When a person to whom a card is issued terminates his or her position, office, or association with the licensee, the card shall be surrendered to the licensee and within five days thereafter shall be mailed or delivered by the licensee to the bureau for cancellation. Every person, while engaged in any activity for which licensure is required, shall display his or her valid pocket card as provided by regulation.(c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 17. Section 7529 of the Business and Professions Code, as added by Section 7 of Chapter 669 of the Statutes of 2014, is amended to read:7529. (a) Upon the issuance of a license, a pocket card of the size, design, and content as may be determined by the director shall be issued by the bureau to each licensee, as follows:(1) If the licensee is an individual, the pocket card shall be issued to the licensee and the licensees qualified manager.(2) If the licensee is a partnership, the pocket card shall be issued to each partner of the partnership licensee active in the business and the licensees qualified manager.(3) If the licensee is a corporation, the pocket card shall be issued to each officer active in the business and the licensees qualified manager.(b) The pocket card is evidence that the licensee is licensed pursuant to this chapter. The card shall contain the signature of the licensee, signature of the chief, and a photograph of the licensee, or bearer of the card, if the licensee is other than an individual. The card shall clearly state that the person is licensed as a private investigator or is the qualified manager or officer of the licensee. The pocket card is to be composed of a durable material and may incorporate technologically advanced security features. The bureau may charge a fee sufficient to reimburse the departments costs for furnishing the pocket card. The fee charged shall not exceed the actual direct costs for system development, maintenance, and processing necessary to provide this service, and shall not exceed sixteen dollars ($16). When a person to whom a card is issued terminates his or her position, office, or association with the licensee, the card shall be surrendered to the licensee and within five days thereafter shall be mailed or delivered by the licensee to the bureau for cancellation. Every person, while engaged in any activity for which licensure is required, shall display his or her valid pocket card as provided by regulation.(c) This section shall become operative on January 1, 2021.SEC. 18. Section 7530 of the Business and Professions Code, as amended by Section 8 of Chapter 669 of the Statutes of 2014, is amended to read:7530. (a) Except as provided in this section, a license issued under this chapter is not assignable.(b) A licensee may apply to the chief for consent, and upon receipt of the consent and payment of the processing fee authorized by Section 7570, may assign a license to another business entity as long as the direct and indirect owners of the assignor own all of the assignee immediately after the assignment.SEC. 19. Section 7531 of the Business and Professions Code is amended to read:7531. A licensee shall at all times be legally responsible for the good conduct in the business of each of his or her employees or agents, including his or her qualified manager.SEC. 20. Section 7533.2 is added to the Business and Professions Code, to read:7533.2. (a) At the time of an initial application for licensure or reassignment, an applicant for an initial license or a licensee applying for reassignment of the license shall notify the bureau on the application for licensure or reassignment if the applicant or licensee is a limited liability company for the purposes of this chapter during the period of licensure. The bureau shall include this information on the Department of Consumer Affairs BreEZe License Verification Internet Web page.(b) This section shall become operative on July 1, 2018.SEC. 21. Section 7533.5 of the Business and Professions Code, as amended by Section 12 of Chapter 800 of the Statutes of 2016, is amended to read:7533.5. (a) A licensee shall notify the bureau within 30 days of any change in its corporate officers required to be named pursuant to subdivision (h) of Section 7525.1 or members or managers required to be named pursuant to subdivision (i) of Section 7525.1, and of any addition of a new partner.(b) Applications, on forms prescribed by the director, shall be submitted by all new officers, members or managers, and partners. The director may suspend or revoke a license issued under this chapter if the director determines that the new officer, member or manager, or partner of a licensee has committed any of the acts constituting grounds to deny an application for a license or to take disciplinary action against a licensee pursuant to Section 7538 or 7538.5, respectively.(c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 22. Section 7533.5 of the Business and Professions Code, as added by Section 13 of Chapter 800 of the Statutes of 2016, is amended to read:7533.5. (a) A licensee shall notify the bureau within 30 days of any change in its corporate officers required to be named pursuant to subdivision (h) of Section 7525.1, and of any addition of a new partner.(b) Applications, on forms prescribed by the director, shall be submitted by all new officers and partners. The director may suspend or revoke a license issued under this chapter if the director determines that the new officer or partner of a licensee has committed any of the acts constituting grounds to deny an application for a license or to take disciplinary action against a licensee pursuant to Section 7538 or 7538.5, respectively.(c) This section shall become operative on January 1, 2021.SEC. 23. Section 7536 of the Business and Professions Code is amended to read:7536. (a) The business of each licensee shall be operated under the active direction, control, charge, or management, in this state, of the licensee, if he or she is qualified, or the person who is qualified to act as the licensees qualified manager, if the licensee is not qualified.(b) No person shall act as a qualified manager of a licensee until he or she has complied with each of the following:(1) Demonstrated his or her qualifications by a written or oral examination, or a combination of both, if required by the director.(2) Made a satisfactory showing to the director that he or she has the qualifications prescribed in Section 7526 and that none of the facts stated in Section 7538 or 7538.5 exist as to him or her.(c) A person shall not act as a qualified manager of more than five licensees. The person acting as a qualified manager shall share equally with the licensee the responsibility and any liability for the conduct of the business of the licensee and the actions of the employees and other personnel of the licensee. This section shall not apply to any licensee that notifies the bureau in writing that he or she is not conducting any business, but requests to maintain a current license status with the bureau. Whenever the licensee resumes conducting business, the licensee shall so inform the bureau in writing within 30 days.(d) Any person acting as a qualified manager of a licensee shall be the holder of a qualification certificate issued by the bureau. The certificate, together with the current renewal certificate, shall be predominantly displayed below the private investigators license.SEC. 24. Section 7537 of the Business and Professions Code is amended to read:7537. (a) In case of the death of a person licensed as an individual, a member of the immediate family of the deceased licensee shall be entitled to continue the business under the same license for 120 days following the death of the licensee, provided that written application for permission is made to the bureau within 30 days following the death of the licensee. At the end of the 120-day period, the license shall be automatically canceled. If no request is received within the 30-day period, the license shall be automatically canceled at the end of that period.(b) If the qualified manager ceases for any reason whatsoever to be connected with the licensee to whom the license is issued, the licensee shall notify the bureau in writing 30 days from this cessation. If the notice of cessation is filed timely, the license shall remain in force for a period of 90 days after cessation or for an additional period, not to exceed one year, as approved by the director, pending the qualification of another qualified manager as provided in this chapter. After the 90-day period or additional period, as approved by the director, the license shall be automatically suspended, unless the bureau receives written notification that the license is under the active charge of a qualified manager. If the licensee fails to notify the bureau within the 30-day period, his or her license shall be automatically suspended and may be reinstated only upon the filing of an application for reinstatement, payment of the reinstatement fee, and the qualification of a qualified manager as provided in this chapter.(c) In the case of the death or disassociation of a partner of an entity licensed as a partnership, the licensee shall notify the bureau, in writing, within 30 days from the death or disassociation of the individual. If notice is given, the license shall remain in force for 90 days following the death or disassociation. At the end of this period the license shall be automatically canceled. If the licensee fails to notify the bureau within the 30-day period, the license shall be automatically canceled.(d) A license extended under this section is subject to all other provisions of this chapter.SEC. 25. Section 7538 of the Business and Professions Code, as amended by Section 10 of Chapter 669 of the Statutes of 2014, is amended to read:7538. (a) After a hearing the director may deny a license unless the applicant makes a showing satisfactory to the director that the applicant, if an individual, and the applicants qualified manager have not, or, if the applicant is a person other than an individual, that its qualified manager and each of its officers, partners, members, or managers have not:(1) Committed any act that, if committed by a licensee, would be a ground for the suspension or revocation of a license under this chapter.(2) Committed any act constituting dishonesty or fraud.(3) Committed any act or crime constituting grounds for denial of licensure under Section 480, including illegally using, carrying, or possessing a deadly weapon.(4) Been refused a license under this chapter or had a license revoked.(5) Been an officer, partner, qualified manager, member, or manager of any person who has been refused a license under this chapter or whose license has been revoked.(6) While unlicensed committed, or aided and abetted the commission of, any act for which a license is required by this chapter.(7) Knowingly made any false statement in his or her application.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 26. Section 7538 of the Business and Professions Code, as added by Section 11 of Chapter 669 of the Statutes of 2014, is amended to read:7538. (a) After a hearing the director may deny a license unless the applicant makes a showing satisfactory to the director that the applicant, if an individual, and the applicants qualified manager have not, or, if the applicant is a person other than an individual, that its qualified manager and each of its officers and partners have not:(1) Committed any act that, if committed by a licensee, would be a ground for the suspension or revocation of a license under this chapter.(2) Committed any act constituting dishonesty or fraud.(3) Committed any act or crime constituting grounds for denial of licensure under Section 480, including illegally using, carrying, or possessing a deadly weapon.(4) Been refused a license under this chapter or had a license revoked.(5) Been an officer, partner, or qualified manager of any person who has been refused a license under this chapter or whose license has been revoked.(6) While unlicensed committed, or aided and abetted the commission of, any act for which a license is required by this chapter.(7) Knowingly made any false statement in his or her application.(b) This section shall become operative on January 1, 2021.SEC. 27. Section 7538.5 of the Business and Professions Code, as amended by Section 12 of Chapter 669 of the Statutes of 2014, is amended to read:7538.5. (a) The director may refuse to issue any license provided for in this chapter to any of the following:(1) An individual who has had any license revoked, has a license currently under suspension, or failed to renew his or her license while under suspension.(2) An individual who, while acting as a partner of a partnership, an officer or director of a corporation, or a member, manager, or officer of a limited liability company, had his or her license revoked, has a license currently under suspension, or failed to renew his or her license while under suspension.(3) An individual who, while acting as a partner of the partnership, an officer, director of the corporation, or a member, manager, or officer of a limited liability company meets both of the following conditions:(A) He or she was a partner of any partnership, an officer or director of any corporation, or a member, manager, or officer of any limited liability company whose license was revoked, is currently under suspension, or was not renewed while under suspension.(B) While acting as a partner, officer, director, member, or manager, he or she participated in any of the prohibited acts for which the license was revoked or suspended.(4) An individual who is serving or has served as the qualified manager for any licensee that has had its license revoked, is currently under suspension, or failed to renew while under suspension.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 28. Section 7538.5 of the Business and Professions Code, as added by Section 13 of Chapter 669 of the Statutes of 2014, is amended to read:7538.5. (a) The director may refuse to issue any license provided for in this chapter to any of the following:(1) An individual who has had any license revoked, has a license currently under suspension, or failed to renew his or her license while under suspension.(2) An individual who, while acting as a partner of a partnership, or an officer or director of a corporation, had his or her license revoked, has a license currently under suspension, or failed to renew his or her license while under suspension.(3) A person who, while acting as a partner of the partnership, or an officer or director of the corporation, meets both of the following conditions:(A) He or she was a partner of any partnership, or an officer or director of any corporation, whose license was revoked, is currently under suspension, or was not renewed while under suspension.(B) He or she, while acting as a partner, officer, or director, participated in any of the prohibited acts for which the license was revoked or suspended.(4) An individual who is serving or has served as the qualified manager for any licensee that has had its license revoked, is currently under suspension, or failed to renew while under suspension.(b) This section shall become operative on January 1, 2021.SEC. 29. Section 7539 of the Business and Professions Code, as amended by Section 14 of Chapter 669 of the Statutes of 2014, is amended to read:7539. (a) Any licensee or officer, director, partner, member, manager, or qualified manager of a licensee may divulge to any law enforcement officer or district attorney, or his or her representative, any information he or she may acquire as to any criminal offense, but he or she shall not divulge to any other person, except as otherwise required by law, any information acquired by him or her except at the direction of the employer or client for whom the information was obtained.(b) A licensee or officer, director, partner, member, manager, qualified manager, or employee of a licensee shall not knowingly make any false report to his or her employer or client for whom information was being obtained.(c) A written report shall not be submitted to a client except by the licensee, qualified manager, or a person authorized by one or either of them, and the person submitting the report shall exercise diligence in ascertaining whether or not the facts and information in the report are true and correct.(d) A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee shall not use a badge in connection with the official activities of the licensees business.(e) A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee, shall not use a title, or wear a uniform, or use an insignia, or use an identification card, or make any statement with the intent to give an impression that he or she is connected in any way with the federal government, a state government, or any political subdivision of a state government.(f) A licensee, or officer, partner, manager, member, qualified manager, or employee of a licensee shall not use any identification to indicate that he or she is licensed as a private investigator other than the official identification card issued by the bureau or the business card regularly used by the business. However, a licensee may issue an employer identification card.(g) A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee, shall not enter any private building or portion thereof, except premises commonly accessible to the public, without the consent of the owner or of the person in legal possession thereof.(h) A licensee shall not permit an employee or agent in his or her own name to advertise, engage clients, furnish reports or present bills to clients, or in any manner conduct business for which a license is required under this chapter. All business of the licensee shall be conducted in the name of and under the control of the licensee.(i) A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee shall not knowingly and directly solicit employment from any person who has directly sustained bodily injury or from that persons spouse or other family member to obtain authorization on behalf of the injured person as an investigator to investigate the accident or act that resulted in injury or death to that person or damage to the property of that person. Nothing in this subdivision shall prohibit the soliciting of employment from that injured persons attorney, insurance company, self-insured administrator, insurance adjuster, employer, or any other person having an indirect interest in the investigation of the injury. This subdivision shall not apply to any business agent or attorney employed by a labor organization. A licensee, or officer, director, partner, manager, member, or qualified manager of a licensee shall not pay or compensate any of his or her employees or agents on the basis of a bonus, bounty, or quota system whereby a premium is placed on the number of employer or client rule violations or infractions purportedly discovered as a result of any investigation made by a licensee.(j) A licensee shall not use a fictitious business name in connection with the official activities of the licensees business, except as provided by the bureau.(k) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 30. Section 7539 of the Business and Professions Code, as added by Section 15 of Chapter 669 of the Statutes of 2014, is amended to read:7539. (a) Any licensee or officer, director, partner, or qualified manager of a licensee may divulge to any law enforcement officer or district attorney, or his or her representative, any information he or she may acquire as to any criminal offense, but he or she shall not divulge to any other person, except as otherwise required by law, any information acquired by him or her except at the direction of the employer or client for whom the information was obtained.(b) A licensee or officer, director, partner, qualified manager, or employee of a licensee shall not knowingly make any false report to his or her employer or client for whom information was being obtained.(c) A written report shall not be submitted to a client except by the licensee, qualified manager, or a person authorized by one or either of them, and the person submitting the report shall exercise diligence in ascertaining whether or not the facts and information in the report are true and correct.(d) A licensee, or officer, director, partner, qualified manager, or employee of a licensee shall not use a badge in connection with the official activities of the licensees business.(e) A licensee, or officer, director, partner, qualified manager, or employee of a licensee, shall not use a title, or wear a uniform, or use an insignia, or use an identification card, or make any statement with the intent to give an impression that he or she is connected in any way with the federal government, a state government, or any political subdivision of a state government.(f) A licensee, or officer, partner, qualified manager, or employee of a licensee shall not use any identification to indicate that he or she is licensed as a private investigator other than the official identification card issued by the bureau or the business card regularly used by the business. However, a licensee may issue an employer identification card.(g) A licensee, or officer, director, partner, qualified manager, or employee of a licensee, shall not enter any private building or portion thereof, except premises commonly accessible to the public, without the consent of the owner or of the person in legal possession thereof.(h) A licensee shall not permit an employee or agent in his or her own name to advertise, engage clients, furnish reports or present bills to clients, or in any manner conduct business for which a license is required under this chapter. All business of the licensee shall be conducted in the name of and under the control of the licensee.(i) A licensee, officer, director, partner, qualified manager, or employee of a licensee shall not knowingly and directly solicit employment from any person who has directly sustained bodily injury or from that persons spouse or other family member to obtain authorization on behalf of the injured person as an investigator to investigate the accident or act that resulted in injury or death to that person or damage to the property of that person. Nothing in this subdivision shall prohibit the soliciting of employment from that injured persons attorney, insurance company, self-insured administrator, insurance adjuster, employer, or any other person having an indirect interest in the investigation of the injury. This subdivision shall not apply to any business agent or attorney employed by a labor organization. A licensee, officer, director, partner, or qualified manager of a licensee shall not pay or compensate any of his or her employees or agents on the basis of a bonus, bounty, or quota system whereby a premium is placed on the number of employer or client rule violations or infractions purportedly discovered as a result of any investigation made by a licensee.(j) A licensee shall not use a fictitious business name in connection with the official activities of the licensees business, except as provided by the bureau.(k) This section shall become operative on January 1, 2021.SEC. 31. Section 7541 of the Business and Professions Code is amended to read:7541. (a) Except as otherwise provided by this section, an applicant, or his or her manager, for a license as a private investigator shall have had at least three years experience in investigation work. One years experience shall consist of not less than 2,000 hours of actual compensated work performed by each applicant preceding the filing of an application.(1) An applicant who holds a law degree or bachelors degree in police science, criminal justice, criminal law, or the equivalent thereof from an accredited college shall be credited with 2,000 hours of experience in investigation work.(2) An applicant who holds an associate degree in police science, criminal justice, criminal law, or the equivalent thereof from an accredited college shall be credited with 1,000 hours of experience in investigation work.(3) The total amount of time credited to an applicant for degrees described in this subdivision shall not exceed 2,000 hours of experience in investigation work.(b) An applicant shall substantiate the claimed years of qualifying experience and the exact details as to the character and nature thereof by written certifications from the employer or qualified manager, subject to independent verification by the director as he or she may determine.(1) Notwithstanding any other law, only an employer, qualified manager, or his or her designated agent may certify experience for purposes of this section.(2) For purposes of this section, the term employer shall mean only those persons, corporations, partnerships, proprietorships, or other associations which, in the employ of the designated individual, regularly and routinely withheld income taxes and other payroll deductions for direct forwarding to governmental taxing authorities.(3) For the purposes of this section, the term qualified manager shall mean only a manager who has qualified pursuant to Section 7536, who has directly overseen the work and experience of the applicant, and is under an employment or contractual arrangement to provide primary supervision of the applicant.(c) An employer who is a licensee or qualified manager shall respond in writing within 30 days to an applicants written request for certifications of the applicants work experience as an employee and either provide the certifications or the reasons for denial. If the applicant notifies the director in writing, under penalty of perjury, that the applicant is unable to obtain the required written response from a licensee or qualified manager, or provides the licensees or qualified managers written denial and states, under penalty of perjury, that the licensees or qualified managers reasons for denial are invalid or insufficient and the director concurs, the director may require the licensee or qualified manager to provide the bureau with all relevant employment records maintained pursuant to Section 7531.5 regarding the applicant for evaluation in substantiating the applicants employment experience.SEC. 32. Section 7541.1 of the Business and Professions Code is amended to read:7541.1. (a) Notwithstanding any other law, experience for purposes of taking the examination for licensure as a private investigator shall be limited to those activities actually performed in connection with investigations, as defined in Section 7521, and only if those activities are performed by persons who are employed or managed in the following capacities:(1) Sworn law enforcement officers possessing powers of arrest and employed by agencies in the federal, state, or local government.(2) Military police of the Armed Forces of the United States or the National Guard.(3) An insurance adjuster or their employees subject to Chapter 1 (commencing with Section 14000) of Division 5 of the Insurance Code.(4) Persons employed by a private investigator who are duly licensed in accordance with this chapter, or managed by a qualified manager in accordance with Section 7536.(5) Persons employed by repossessors duly licensed in accordance with Chapter 11 (commencing with Section 7500), only to the extent that those persons are routinely and regularly engaged in the location of debtors or the location of personal property utilizing methods commonly known as skip tracing. For purposes of this section, only that experience acquired in that skip tracing shall be credited toward qualification to take the examination.(6) Persons duly trained and certified as an arson investigator and employed by a public agency engaged in fire suppression.(7) Persons trained as investigators and employed by a public defender to conduct investigations.(8) (A) Persons trained as investigative reporters and employed by a media source, as defined in Section 1070 of the Evidence Code, whose investigative journalism experience is comprised of conducting primary investigations and producing investigative projects.(B) For purposes of this paragraph primary investigation means original and in-depth research and analysis involving multiple sources, including, but not limited to, public records, databases, archives, published and unpublished documents, witnesses, informers, whistleblowers, public officials, and experts, to produce investigative projects. (b) The following activities shall not be deemed to constitute acts of investigation for purposes of experience toward licensure:(1) The serving of legal process or other documents.(2) Activities relating to the search for heirs or similar searches which involve only a search of public records or other reference sources in the public domain.(3) The transportation or custodial attendance of persons in the physical custody of a law enforcement agency.(4) The provision of bailiff or other security services to a court of law.(5) The collection or attempted collection of debts by telephone or written solicitation after the debtor has been located.(6) The repossession or attempted repossession of personal property after that property has been located and identified.(c) Where the activities of employment of an applicant include those which qualify as bona fide experience as stated in this section as well as those which do not qualify, the director may, by delegation to the bureau, determine and apportion that percentage of experience for which any applicant is entitled to credit.SEC. 33. Section 7561.1 of the Business and Professions Code is amended to read:7561.1. The director may deny, suspend, or revoke a license issued under this chapter if he or she determines that the licensee or his or her qualified manager, if an individual, or if the licensee is a person other than an individual, that any of its officers, directors, partners, members, managers, or qualified manager, has:(a) Made any false statement or given any false information in connection with an application for a license or a renewal or reinstatement of a license.(b) Violated any provisions of this chapter.(c) Violated any rule of the director adopted pursuant to the authority contained in this chapter.(d) Been convicted of any act or crime constituting grounds for denial of licensure under Section 480, including illegally using, carrying, or possessing a deadly weapon.(e) Impersonated, or permitted or aided and abetted an employee to impersonate a law enforcement officer or employee of the United States of America, or of any state or political subdivision thereof.(f) Committed or permitted any employee to commit any act, while the license was expired which would be cause for the suspension or revocation of a license, or grounds for the denial of an application for a license.(g) Willfully failed or refused to render to a client services or a report as agreed between the parties and for which compensation has been paid or tendered in accordance with the agreement of the parties.(h) Committed assault, battery, or kidnapping, or using force or violence on any person, without proper justification.(i) Knowingly violated, or advised, encouraged, or assisted the violation of any court order or injunction in the course of business as a licensee.(j) Acted as a runner or capper for any attorney.(k) Been convicted of a violation of Section 148 of the Penal Code.(l) Committed any act which is a ground for denial of an application for a license under this chapter.(m) Committed any act prohibited by Chapter 1.5 (commencing with Section 630) of Title 15 of Part 1 of the Penal Code.(n) Purchased, possessed, or transported any tear gas weapon except as authorized by law. A violation of this subdivision may be punished by the suspension of a license for a period to be determined by the director.(o) Been convicted of a violation of Section 95.3 of the Penal Code.SEC. 34. Section 7561.3 of the Business and Professions Code is amended to read:7561.3. The director may suspend or revoke a license issued under this chapter if he or she determines that the licensee or his or her qualified manager, if an individual, or if the licensee is a person other than an individual, that any of its officers, directors, partners, members, managers, or qualified manager, has:(a) Used any letterhead, advertisement, or other printed matter, or in any manner whatever represented that he or she is an instrumentality of the federal government, a state, or any political subdivision thereof.(b) Used a name different from that under which he or she is currently licensed in any advertisement, solicitation, or contract for business.SEC. 35. Section 7561.4 of the Business and Professions Code is amended to read:7561.4. The director may suspend or revoke a license issued under this chapter if he or she determines that the licensee or his or her qualified manager, if an individual, or if the licensee is a person other than an individual, that any of its officers, directors, partners, members, managers, or qualified manager, has committed any act in the course of the licensees business constituting dishonesty or fraud.Dishonesty or fraud as used in this section, includes, in addition to other acts not specifically enumerated herein:(a) Knowingly making a false statement relating to evidence or information obtained in the course of employment, or knowingly publishing a slander or a libel in the course of business.(b) Using illegal means in the collection or attempted collection of a debt or obligation.(c) Manufacture of evidence.(d) Acceptance of employment adverse to a client or former client relating to a matter with respect to which the licensee has obtained confidential information by reason of or in the course of his or her employment by the client or former client.SEC. 36. Section 7570 of the Business and Professions Code, as amended by Section 17 of Chapter 800 of the Statutes of 2016, is amended to read:7570. The fees prescribed by this chapter are as follows:(a) The application and examination fee for an original license shall not exceed fifty dollars ($50).(b) The application fee for an original branch office certificate shall not exceed thirty dollars ($30).(c) The fee for an original license for a private investigator shall not exceed one hundred seventy-five dollars ($175).(d) The renewal fee is as follows:(1) For a license as a private investigator, the fee shall not exceed one hundred twenty-five dollars ($125).(2) For a branch office certificate for a private investigator, the fee shall not exceed thirty dollars ($30).(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 qualified manager shall not exceed fifteen dollars ($15).(h) The processing fee for the assignment of a license pursuant to Section 7530 shall not exceed one hundred twenty-five dollars ($125).(i) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 37. Section 7570 of the Business and Professions Code, as amended by Section 18 of Chapter 800 of the Statutes of 2016, is amended to read:7570. The fees prescribed by this chapter are as follows:(a) The application and examination fee for an original license shall not exceed fifty dollars ($50).(b) The application fee for an original branch office certificate shall not exceed thirty dollars ($30).(c) The fee for an original license for a private investigator shall not exceed one hundred seventy-five dollars ($175).(d) The renewal fee is as follows:(1) For a license as a private investigator, the fee shall not exceed one hundred twenty-five dollars ($125).(2) For a branch office certificate for a private investigator, the fee shall not exceed thirty dollars ($30).(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 qualified manager shall not exceed fifteen dollars ($15).(h) This section shall become operative on January 1, 2021.
1+Enrolled September 19, 2017 Passed IN Senate September 14, 2017 Passed IN Assembly September 13, 2017 Amended IN Assembly September 07, 2017 Amended IN Assembly September 05, 2017 Amended IN Assembly July 18, 2017 Amended IN Senate April 24, 2017 Amended IN Senate April 06, 2017 Amended IN Senate March 28, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 559Introduced by Senator MorrellFebruary 16, 2017 An act to amend Sections 7512.3, 7512.7, 7515, 7518, 7520.3, 7521, 7521.5, 7525.1, 7526, 7527, 7527.5, 7529, 7530, 7531, 7533.5, 7536, 7537, 7538, 7538.5, 7539, 7541, 7541.1, 7561.1, 7561.3, 7561.4, and 7570 of, to add Section 7533.2 to, and to add and repeal Sections 7512.14 and 7512.15 of, the Business and Professions Code, relating to professions and vocations. LEGISLATIVE COUNSEL'S DIGESTSB 559, Morrell. Private Investigator Act: license: limited liability company.Existing law, the Private Investigator Act, provides for the licensure and regulation of private investigators by the Bureau of Security and Investigative Services.(1) Existing law, until January 1, 2018, authorizes the bureau to issue a private investigator license to a limited liability company.Existing law, the California Revised Uniform Limited Liability Company Act, authorizes a limited liability company to have any lawful purpose, except as specified, and authorizes a domestic or foreign limited liability company to render services that may be lawfully rendered only pursuant to a license, certificate, or registration authorized by the Business and Professions Code if the provisions of that code authorize a limited liability company or foreign limited liability company to hold that license, certificate, or registration. As a condition for licensure, existing law requires a limited liability company to maintain a policy or policies of insurance against liability imposed on or against it by law for damages arising out of claims based upon acts, errors, or omissions arising out of the private investigator services it provides. Under existing law, if the applicant for a license is a limited liability company, the application is required to include specified information pertaining to each managing member and any other officer or member who will be active in the licensed business.This bill, until January 1, 2021, would extend the authority for the bureau to issue a private investigator license to a limited liability company and make related conforming changes. The bill also would define terms. The bill, on and after July 1, 2018, and until January 1, 2021, would require a licensee organized as a limited liability company to report a paid or pending claim against its liability insurance to the bureau and would require the bureau to post a notice of the claim on a specified license verification Internet Web page. The bill, beginning July 1, 2018, would require an applicant for an initial license or a licensee applying for reassignment of the license to notify the bureau on the application for licensure or reassignment if the applicant or licensee is a limited liability company and would require the bureau to include this information on a specified license verification Internet Web page.(2) Existing law requires an applicant, or his or her manager, for a license as a private investigator to have had at least 3 years experience in investigation work. Under existing law, a years experience is required to consist of not less than 2,000 hours of actual compensated work performed by each applicant preceding the filing of an application. Under existing law, an applicant who holds a law degree or who has completed a four-year course in police science, criminal justice, criminal law, or the equivalent is required to have had 2 years experience in investigation work.This bill would revise and recast these provisions by requiring an applicant with a law degree or bachelors degree in police science, criminal justice, criminal law, or the equivalent to be credited with 2,000 hours of experience in investigation work. The bill would require an applicant with an associate degree in police science, criminal justice, criminal law, or the equivalent to be credited with 1,000 hours of experience in investigation work. The bill would prohibit the total amount of time credited to an applicant for these degrees from exceeding 2,000 hours of experience in investigation work.(3) This bill would make various other conforming changes.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 7512.3 of the Business and Professions Code, as amended by Section 1 of Chapter 669 of the Statutes of 2014, is amended to read:7512.3. (a) As used in this chapter, person includes any individual, firm, company, limited liability company, association, organization, partnership, and corporation.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 2. Section 7512.3 of the Business and Professions Code, as added by Section 2 of Chapter 669 of the Statutes of 2014, is amended to read:7512.3. (a) As used in this chapter, person includes any individual, firm, company, association, organization, partnership, and corporation.(b) This section shall become operative on January 1, 2021.SEC. 3. Section 7512.7 of the Business and Professions Code is amended to read:7512.7. As used in this chapter, qualified manager means the individual under whose direction, control, charge, or management the business of a licensee is operated as specified in Section 7536.SEC. 4. Section 7512.14 is added to the Business and Professions Code, to read:7512.14. (a) As used in this chapter, member means an individual who is a member of a limited liability company as specified in Section 17704.01 of the Corporations Code.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 5. Section 7512.15 is added to the Business and Professions Code, to read:7512.15. (a) As used in this chapter, manager means an individual designated under an operating agreement of a manager-managed limited liability company who is responsible for performing the management functions for the limited liability company specified in subdivision (c) of Section 17704.07 of the Corporations Code.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 6. Section 7515 of the Business and Professions Code is amended to read:7515. The director may adopt and enforce reasonable rules, as follows:(a) Fixing the qualifications of licensees and qualified managers, in addition to those prescribed in this chapter, necessary to promote and protect the public welfare.(b) Carrying out generally the provisions of this chapter, including regulation of the conduct of licensees.SEC. 7. Section 7518 of the Business and Professions Code is amended to read:7518. Where a hearing is held under this chapter to determine whether an application for a license should be granted or to determine the qualifications of a licensees qualified manager, the proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the director shall have all of the powers granted therein.SEC. 8. Section 7520.3 of the Business and Professions Code is amended to read:7520.3. (a) As a condition of the issuance, reinstatement, reactivation, or continued valid use of a license under this chapter, a limited liability company shall, in accordance with this section, maintain a policy or policies of insurance against liability imposed on or against it by law for damages arising out of claims based upon acts, errors, or omissions arising out of the private investigator services it provides.(b) The total aggregate limit of liability under the policy or policies of insurance required under this section shall be as follows:(1) For a limited liability company licensee with five or fewer persons named as members pursuant to subdivision (i) of Section 7525.1, the aggregate limit shall not be less than one million dollars ($1,000,000).(2) For a limited liability company licensee with more than five persons named as members pursuant to subdivision (i) of Section 7525.1, an additional one hundred thousand dollars ($100,000) of insurance shall be obtained for each person named as members of the licensee except that the maximum amount of insurance is not required to exceed five million dollars ($5,000,000) in any one designated period, less amounts paid in defending, settling, or discharging claims as set forth under this section.(c) Prior to the issuance, reinstatement, or reactivation of a limited liability company license as provided under this chapter, the applicant or licensee shall, in the manner prescribed by the bureau, submit the information and documentation required by this section and requested by the bureau, demonstrating compliance with the financial security requirements specified by this section.(d) For any insurance policy secured by a licensee in satisfaction of this section, a Certificate of Liability Insurance, signed by an authorized agent or employee of the insurer, shall be submitted electronically or otherwise to the bureau. The insurer issuing the certificate shall report to the bureau the following information for any policy required under this section: name, license number, policy number, dates that coverage is scheduled to commence and lapse, and cancellation date if applicable. The insurer shall list the bureau as the certificate holder for the purposes of receiving notifications related to the policys status.(e) (1) If a licensee fails to maintain sufficient insurance as required by this section, or fails to provide proof of the required insurance upon request by the bureau, the license is subject to suspension and shall be automatically suspended pursuant to this subdivision until the date that the licensee provides proof to the bureau of compliance with the insurance coverage requirement.(2) Prior to an automatic suspension, the bureau shall notify the licensee, in writing, that it has 30 days to provide proof to the bureau of having the required insurance or the license shall be automatically suspended.(3) If the licensee fails to provide proof of insurance coverage within this period, the bureau may automatically suspend the license.(f) If the license of a limited liability company is suspended pursuant to subdivision (e), each member of the limited liability company shall be personally liable up to one million dollars ($1,000,000) each for damages resulting to third parties in connection with the companys performance, during the period of suspension, of any act or contract when a license is required by this chapter.(g) On and after July 1, 2018, a licensee organized as a limited liability company shall report a paid or pending claim against its liability insurance to the bureau, which shall post a notice of the claim on the Department of Consumer Affairs BreEZe License Verification Internet Web page. (h) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 9. Section 7521 of the Business and Professions Code is amended to read:7521. A private investigator within the meaning of this chapter is a person, other than an insurance adjuster subject to the provisions of Chapter 1 (commencing with Section 14000) of Division 5 of the Insurance Code, who, for any consideration whatsoever engages in business or accepts employment to furnish or agrees to furnish any person to protect persons pursuant to Section 7521.5, or engages in business or accepts employment to furnish, or agrees to make, or makes, any investigation for the purpose of obtaining, information with reference to:(a) Crime or wrongs done or threatened against the United States of America or any state or territory of the United States of America.(b) The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of any person.(c) The location, disposition, or recovery of lost or stolen property.(d) The cause or responsibility for fires, libels, losses, accidents, or damage or injury to persons or to property.(e) Securing evidence to be used before any court, board, officer, or investigating committee.For the purposes of this section, a private investigator is any person, as defined in Section 7512.3, acting for the purpose of investigating, obtaining, and reporting to any employer, or an agent designated by the employer, information concerning the employers employees involving questions of integrity, honesty, breach of rules, or other standards of performance of job duties.This section shall not apply to a public utility regulated by the State Public Utilities Commission, or its employees.SEC. 10. Section 7521.5 of the Business and Professions Code is amended to read:7521.5. (a) A private investigator may provide services to protect a person, but not property, which is incidental to an investigation for which the private investigator has been previously hired to perform.(b) If the private investigator provides those services, he or she shall comply with the requirements of Article 4 (commencing with Section 7540), as those provisions relate to the carrying of firearms and the receipt of a valid firearms qualification card from the bureau.(c) If the private investigator provides those services, he or she shall comply with the requirements of Sections 7583.39, 7583.40, and 7583.41, as those provisions relate to the maintenance of an insurance policy.(d) If a person acts for, or on behalf of a private investigator in providing those services, that person shall be an employee of the private investigator, as defined by Section 7512.11, and there shall be an employer-employee relationship, as defined in Section 7512.12, and that person shall comply with the requirements of this section, except as provided in subdivisions (b) and (c).SEC. 11. Section 7525.1 of the Business and Professions Code, as amended by Section 11 of Chapter 800 of the Statutes of 2016, is amended to read:7525.1. An application shall be verified and shall include:(a) The full name and business address of the applicant.(b) The name under which the applicant intends to do business.(c) A statement as to the general nature of the business in which the applicant intends to engage.(d) A verified statement of his or her experience qualifications.(e) (1) If the applicant is an individual, a qualified manager, a partner of a partnership, an officer of a corporation designated in subdivision (h), or a member, officer, or manager of a limited liability company designated in subdivision (i), one personal identification form provided by the bureau upon which shall appear a photograph taken within one year immediately preceding the date of the filing of the application together with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, on a form approved by the Department of Justice, and a personal description of each person, respectively. The identification form shall include residence addresses and employment history for the previous five years and be signed under penalty of perjury.(2) The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants, excluding those submitted into an electronic fingerprint system using electronic fingerprint technology.(f) In addition, if the applicant for a license is an individual, the application shall list all other names known as or used during the past 10 years and shall state that the applicant is to be personally and actively in charge of the business for which the license is sought. If any other qualified manager is to be actively in charge of the business, the application shall be subscribed, verified, and signed by the applicant, under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person under penalty of perjury.(g) If the applicants for a license are copartners, the application shall state the true names and addresses of all partners and the name of the partner to be actively in charge of the business for which the license is sought and list all other names known as or used during the past 10 years. If a qualified manager other than a partner is to be actively in charge of the business, then the application shall be subscribed, verified, and signed by all of the partners under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person, under penalty of perjury, under penalty of perjury by all of the partners and the qualified manager, or by all of the partners or the qualified manager.(h) If the applicant for a license is a corporation, the application shall state the true names and complete residence addresses of the chief executive officer, secretary, chief financial officer, and any other corporate officer who will be active in the business to be licensed. The application shall also state the name and address of the designated person to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by a duly authorized officer of the applicant and by the qualified manager thereof, under penalty of perjury.(i) If the applicant for a license is a limited liability company, the application shall state the true name and complete residence address of each member, manager, and any officer who will be active in the business to be licensed. A certified copy of the articles of organization, as filed by the Secretary of State, shall be supplied to the bureau upon request. In the case of a manager-managed limited liability company, the application shall be subscribed, verified, and signed by a manager; otherwise, in the case of a member-managed limited liability company, the application shall be subscribed, verified, and signed by a duly authorized member of the applicant and by the qualified manager thereof. The application shall also state whether any of the members, managers, officers, or the qualified manager has ever used an alias.(j) Any other information, evidence, statements, or documents as may be required by the director.(k) At the discretion of the applicant, a valid email address.(l) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 12. Section 7525.1 of the Business and Professions Code, as amended by Section 6 of Chapter 635 of the Statutes of 2015, is amended to read:7525.1. An application shall be verified and shall include:(a) The full name and business address of the applicant.(b) The name under which the applicant intends to do business.(c) A statement as to the general nature of the business in which the applicant intends to engage.(d) A verified statement of his or her experience qualifications.(e) (1) If the applicant is an individual, a qualified manager, a partner of a partnership, or an officer of a corporation designated in subdivision (h), one personal identification form provided by the bureau upon which shall appear a photograph taken within one year immediately preceding the date of the filing of the application together with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, on a form approved by the Department of Justice, and a personal description of each person, respectively. The identification form shall include residence addresses and employment history for the previous five years and be signed under penalty of perjury.(2) The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants, excluding those submitted into an electronic fingerprint system using electronic fingerprint technology.(f) In addition, if the applicant for a license is an individual, the application shall list all other names known as or used during the past 10 years and shall state that the applicant is to be personally and actively in charge of the business for which the license is sought. If any other qualified manager is to be actively in charge of the business, the application shall be subscribed, verified, and signed by the applicant, under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person under penalty of perjury.(g) If the applicants for a license are copartners, the application shall state the true names and addresses of all partners and the name of the partner to be actively in charge of the business for which the license is sought and list all other names known as or used during the past 10 years. If a qualified manager other than a partner is to be actively in charge of the business, then the application shall be subscribed, verified, and signed by all of the partners under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed under penalty of perjury by that person, by all of the partners and the qualified manager, or by all of the partners or the qualified manager.(h) If the applicant for a license is a corporation, the application shall state the true names and complete residence addresses of the chief executive officer, secretary, chief financial officer, and any other corporate officer who will be active in the business to be licensed. The application shall also state the name and address of the designated person to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by a duly authorized officer of the applicant and by the qualified manager thereof, under penalty of perjury.(i) Any other information, evidence, statements, or documents as may be required by the director.(j) At the discretion of the applicant, a valid email address.(k) This section shall become operative on January 1, 2021.SEC. 13. Section 7526 of the Business and Professions Code is amended to read:7526. Before an application for a license is granted, the applicant for a license or his or her qualified manager shall meet all of the following:(a) Be at least 18 years of age.(b) Not have committed acts or crimes constituting grounds for denial of a license under Section 480.(c) Comply with the requirements specified in this chapter for the particular license for which an application is made.(d) Comply with other qualifications as the director may fix by rule.SEC. 14. Section 7527 of the Business and Professions Code is amended to read:7527. The director may require an applicant or his or her qualified manager, to demonstrate his or her qualifications by a written or oral examination, or a combination of both.SEC. 15. Section 7527.5 of the Business and Professions Code is amended to read:7527.5. Payment of the application fee prescribed by this chapter entitles an applicant or his or her qualified manager to one examination without further charge. If the person fails to pass the examination, he or she shall not be eligible for any subsequent examination except upon payment of the reexamination fee prescribed by this chapter for each subsequent examination.SEC. 16. Section 7529 of the Business and Professions Code, as amended by Section 6 of Chapter 669 of the Statutes of 2014, is amended to read:7529. (a) Upon the issuance of a license, a pocket card of the size, design, and content as may be determined by the director shall be issued by the bureau to each licensee, as follows:(1) If the licensee is an individual, the pocket card shall be issued to the licensee and the licensees qualified manager.(2) If the licensee is a partnership, the pocket card shall be issued to each partner of the partnership licensee active in the business and the licensees qualified manager.(3) If the licensee is a corporation, the pocket card shall be issued to each officer active in the business and the licensees qualified manager.(4) If the licensee is a limited liability company, the pocket card shall be issued to each member, officer, and manager of the licensee active in the business and the licensees qualified manager.(b) The pocket card is evidence that the licensee is licensed pursuant to this chapter. The card shall contain the signature of the licensee, signature of the chief, and a photograph of the licensee, or bearer of the card, if the licensee is other than an individual. The card shall clearly state that the person is licensed as a private investigator or is the qualified manager, officer, member, or manager of the licensee. The pocket card is to be composed of a durable material and may incorporate technologically advanced security features. The bureau may charge a fee sufficient to reimburse the departments costs for furnishing the pocket card. The fee charged shall not exceed the actual direct costs for system development, maintenance, and processing necessary to provide this service, and shall not exceed sixteen dollars ($16). When a person to whom a card is issued terminates his or her position, office, or association with the licensee, the card shall be surrendered to the licensee and within five days thereafter shall be mailed or delivered by the licensee to the bureau for cancellation. Every person, while engaged in any activity for which licensure is required, shall display his or her valid pocket card as provided by regulation.(c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 17. Section 7529 of the Business and Professions Code, as added by Section 7 of Chapter 669 of the Statutes of 2014, is amended to read:7529. (a) Upon the issuance of a license, a pocket card of the size, design, and content as may be determined by the director shall be issued by the bureau to each licensee, as follows:(1) If the licensee is an individual, the pocket card shall be issued to the licensee and the licensees qualified manager.(2) If the licensee is a partnership, the pocket card shall be issued to each partner of the partnership licensee active in the business and the licensees qualified manager.(3) If the licensee is a corporation, the pocket card shall be issued to each officer active in the business and the licensees qualified manager.(b) The pocket card is evidence that the licensee is licensed pursuant to this chapter. The card shall contain the signature of the licensee, signature of the chief, and a photograph of the licensee, or bearer of the card, if the licensee is other than an individual. The card shall clearly state that the person is licensed as a private investigator or is the qualified manager or officer of the licensee. The pocket card is to be composed of a durable material and may incorporate technologically advanced security features. The bureau may charge a fee sufficient to reimburse the departments costs for furnishing the pocket card. The fee charged shall not exceed the actual direct costs for system development, maintenance, and processing necessary to provide this service, and shall not exceed sixteen dollars ($16). When a person to whom a card is issued terminates his or her position, office, or association with the licensee, the card shall be surrendered to the licensee and within five days thereafter shall be mailed or delivered by the licensee to the bureau for cancellation. Every person, while engaged in any activity for which licensure is required, shall display his or her valid pocket card as provided by regulation.(c) This section shall become operative on January 1, 2021.SEC. 18. Section 7530 of the Business and Professions Code, as amended by Section 8 of Chapter 669 of the Statutes of 2014, is amended to read:7530. (a) Except as provided in this section, a license issued under this chapter is not assignable.(b) A licensee may apply to the chief for consent, and upon receipt of the consent and payment of the processing fee authorized by Section 7570, may assign a license to another business entity as long as the direct and indirect owners of the assignor own all of the assignee immediately after the assignment.SEC. 19. Section 7531 of the Business and Professions Code is amended to read:7531. A licensee shall at all times be legally responsible for the good conduct in the business of each of his or her employees or agents, including his or her qualified manager.SEC. 20. Section 7533.2 is added to the Business and Professions Code, to read:7533.2. (a) At the time of an initial application for licensure or reassignment, an applicant for an initial license or a licensee applying for reassignment of the license shall notify the bureau on the application for licensure or reassignment if the applicant or licensee is a limited liability company for the purposes of this chapter during the period of licensure. The bureau shall include this information on the Department of Consumer Affairs BreEZe License Verification Internet Web page.(b) This section shall become operative on July 1, 2018.SEC. 21. Section 7533.5 of the Business and Professions Code, as amended by Section 12 of Chapter 800 of the Statutes of 2016, is amended to read:7533.5. (a) A licensee shall notify the bureau within 30 days of any change in its corporate officers required to be named pursuant to subdivision (h) of Section 7525.1 or members or managers required to be named pursuant to subdivision (i) of Section 7525.1, and of any addition of a new partner.(b) Applications, on forms prescribed by the director, shall be submitted by all new officers, members or managers, and partners. The director may suspend or revoke a license issued under this chapter if the director determines that the new officer, member or manager, or partner of a licensee has committed any of the acts constituting grounds to deny an application for a license or to take disciplinary action against a licensee pursuant to Section 7538 or 7538.5, respectively.(c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 22. Section 7533.5 of the Business and Professions Code, as added by Section 13 of Chapter 800 of the Statutes of 2016, is amended to read:7533.5. (a) A licensee shall notify the bureau within 30 days of any change in its corporate officers required to be named pursuant to subdivision (h) of Section 7525.1, and of any addition of a new partner.(b) Applications, on forms prescribed by the director, shall be submitted by all new officers and partners. The director may suspend or revoke a license issued under this chapter if the director determines that the new officer or partner of a licensee has committed any of the acts constituting grounds to deny an application for a license or to take disciplinary action against a licensee pursuant to Section 7538 or 7538.5, respectively.(c) This section shall become operative on January 1, 2021.SEC. 23. Section 7536 of the Business and Professions Code is amended to read:7536. (a) The business of each licensee shall be operated under the active direction, control, charge, or management, in this state, of the licensee, if he or she is qualified, or the person who is qualified to act as the licensees qualified manager, if the licensee is not qualified.(b) No person shall act as a qualified manager of a licensee until he or she has complied with each of the following:(1) Demonstrated his or her qualifications by a written or oral examination, or a combination of both, if required by the director.(2) Made a satisfactory showing to the director that he or she has the qualifications prescribed in Section 7526 and that none of the facts stated in Section 7538 or 7538.5 exist as to him or her.(c) A person shall not act as a qualified manager of more than five licensees. The person acting as a qualified manager shall share equally with the licensee the responsibility and any liability for the conduct of the business of the licensee and the actions of the employees and other personnel of the licensee. This section shall not apply to any licensee that notifies the bureau in writing that he or she is not conducting any business, but requests to maintain a current license status with the bureau. Whenever the licensee resumes conducting business, the licensee shall so inform the bureau in writing within 30 days.(d) Any person acting as a qualified manager of a licensee shall be the holder of a qualification certificate issued by the bureau. The certificate, together with the current renewal certificate, shall be predominantly displayed below the private investigators license.SEC. 24. Section 7537 of the Business and Professions Code is amended to read:7537. (a) In case of the death of a person licensed as an individual, a member of the immediate family of the deceased licensee shall be entitled to continue the business under the same license for 120 days following the death of the licensee, provided that written application for permission is made to the bureau within 30 days following the death of the licensee. At the end of the 120-day period, the license shall be automatically canceled. If no request is received within the 30-day period, the license shall be automatically canceled at the end of that period.(b) If the qualified manager ceases for any reason whatsoever to be connected with the licensee to whom the license is issued, the licensee shall notify the bureau in writing 30 days from this cessation. If the notice of cessation is filed timely, the license shall remain in force for a period of 90 days after cessation or for an additional period, not to exceed one year, as approved by the director, pending the qualification of another qualified manager as provided in this chapter. After the 90-day period or additional period, as approved by the director, the license shall be automatically suspended, unless the bureau receives written notification that the license is under the active charge of a qualified manager. If the licensee fails to notify the bureau within the 30-day period, his or her license shall be automatically suspended and may be reinstated only upon the filing of an application for reinstatement, payment of the reinstatement fee, and the qualification of a qualified manager as provided in this chapter.(c) In the case of the death or disassociation of a partner of an entity licensed as a partnership, the licensee shall notify the bureau, in writing, within 30 days from the death or disassociation of the individual. If notice is given, the license shall remain in force for 90 days following the death or disassociation. At the end of this period the license shall be automatically canceled. If the licensee fails to notify the bureau within the 30-day period, the license shall be automatically canceled.(d) A license extended under this section is subject to all other provisions of this chapter.SEC. 25. Section 7538 of the Business and Professions Code, as amended by Section 10 of Chapter 669 of the Statutes of 2014, is amended to read:7538. (a) After a hearing the director may deny a license unless the applicant makes a showing satisfactory to the director that the applicant, if an individual, and the applicants qualified manager have not, or, if the applicant is a person other than an individual, that its qualified manager and each of its officers, partners, members, or managers have not:(1) Committed any act that, if committed by a licensee, would be a ground for the suspension or revocation of a license under this chapter.(2) Committed any act constituting dishonesty or fraud.(3) Committed any act or crime constituting grounds for denial of licensure under Section 480, including illegally using, carrying, or possessing a deadly weapon.(4) Been refused a license under this chapter or had a license revoked.(5) Been an officer, partner, qualified manager, member, or manager of any person who has been refused a license under this chapter or whose license has been revoked.(6) While unlicensed committed, or aided and abetted the commission of, any act for which a license is required by this chapter.(7) Knowingly made any false statement in his or her application.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 26. Section 7538 of the Business and Professions Code, as added by Section 11 of Chapter 669 of the Statutes of 2014, is amended to read:7538. (a) After a hearing the director may deny a license unless the applicant makes a showing satisfactory to the director that the applicant, if an individual, and the applicants qualified manager have not, or, if the applicant is a person other than an individual, that its qualified manager and each of its officers and partners have not:(1) Committed any act that, if committed by a licensee, would be a ground for the suspension or revocation of a license under this chapter.(2) Committed any act constituting dishonesty or fraud.(3) Committed any act or crime constituting grounds for denial of licensure under Section 480, including illegally using, carrying, or possessing a deadly weapon.(4) Been refused a license under this chapter or had a license revoked.(5) Been an officer, partner, or qualified manager of any person who has been refused a license under this chapter or whose license has been revoked.(6) While unlicensed committed, or aided and abetted the commission of, any act for which a license is required by this chapter.(7) Knowingly made any false statement in his or her application.(b) This section shall become operative on January 1, 2021.SEC. 27. Section 7538.5 of the Business and Professions Code, as amended by Section 12 of Chapter 669 of the Statutes of 2014, is amended to read:7538.5. (a) The director may refuse to issue any license provided for in this chapter to any of the following:(1) An individual who has had any license revoked, has a license currently under suspension, or failed to renew his or her license while under suspension.(2) An individual who, while acting as a partner of a partnership, an officer or director of a corporation, or a member, manager, or officer of a limited liability company, had his or her license revoked, has a license currently under suspension, or failed to renew his or her license while under suspension.(3) An individual who, while acting as a partner of the partnership, an officer, director of the corporation, or a member, manager, or officer of a limited liability company meets both of the following conditions:(A) He or she was a partner of any partnership, an officer or director of any corporation, or a member, manager, or officer of any limited liability company whose license was revoked, is currently under suspension, or was not renewed while under suspension.(B) While acting as a partner, officer, director, member, or manager, he or she participated in any of the prohibited acts for which the license was revoked or suspended.(4) An individual who is serving or has served as the qualified manager for any licensee that has had its license revoked, is currently under suspension, or failed to renew while under suspension.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 28. Section 7538.5 of the Business and Professions Code, as added by Section 13 of Chapter 669 of the Statutes of 2014, is amended to read:7538.5. (a) The director may refuse to issue any license provided for in this chapter to any of the following:(1) An individual who has had any license revoked, has a license currently under suspension, or failed to renew his or her license while under suspension.(2) An individual who, while acting as a partner of a partnership, or an officer or director of a corporation, had his or her license revoked, has a license currently under suspension, or failed to renew his or her license while under suspension.(3) A person who, while acting as a partner of the partnership, or an officer or director of the corporation, meets both of the following conditions:(A) He or she was a partner of any partnership, or an officer or director of any corporation, whose license was revoked, is currently under suspension, or was not renewed while under suspension.(B) He or she, while acting as a partner, officer, or director, participated in any of the prohibited acts for which the license was revoked or suspended.(4) An individual who is serving or has served as the qualified manager for any licensee that has had its license revoked, is currently under suspension, or failed to renew while under suspension.(b) This section shall become operative on January 1, 2021.SEC. 29. Section 7539 of the Business and Professions Code, as amended by Section 14 of Chapter 669 of the Statutes of 2014, is amended to read:7539. (a) Any licensee or officer, director, partner, member, manager, or qualified manager of a licensee may divulge to any law enforcement officer or district attorney, or his or her representative, any information he or she may acquire as to any criminal offense, but he or she shall not divulge to any other person, except as otherwise required by law, any information acquired by him or her except at the direction of the employer or client for whom the information was obtained.(b) A licensee or officer, director, partner, member, manager, qualified manager, or employee of a licensee shall not knowingly make any false report to his or her employer or client for whom information was being obtained.(c) A written report shall not be submitted to a client except by the licensee, qualified manager, or a person authorized by one or either of them, and the person submitting the report shall exercise diligence in ascertaining whether or not the facts and information in the report are true and correct.(d) A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee shall not use a badge in connection with the official activities of the licensees business.(e) A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee, shall not use a title, or wear a uniform, or use an insignia, or use an identification card, or make any statement with the intent to give an impression that he or she is connected in any way with the federal government, a state government, or any political subdivision of a state government.(f) A licensee, or officer, partner, manager, member, qualified manager, or employee of a licensee shall not use any identification to indicate that he or she is licensed as a private investigator other than the official identification card issued by the bureau or the business card regularly used by the business. However, a licensee may issue an employer identification card.(g) A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee, shall not enter any private building or portion thereof, except premises commonly accessible to the public, without the consent of the owner or of the person in legal possession thereof.(h) A licensee shall not permit an employee or agent in his or her own name to advertise, engage clients, furnish reports or present bills to clients, or in any manner conduct business for which a license is required under this chapter. All business of the licensee shall be conducted in the name of and under the control of the licensee.(i) A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee shall not knowingly and directly solicit employment from any person who has directly sustained bodily injury or from that persons spouse or other family member to obtain authorization on behalf of the injured person as an investigator to investigate the accident or act that resulted in injury or death to that person or damage to the property of that person. Nothing in this subdivision shall prohibit the soliciting of employment from that injured persons attorney, insurance company, self-insured administrator, insurance adjuster, employer, or any other person having an indirect interest in the investigation of the injury. This subdivision shall not apply to any business agent or attorney employed by a labor organization. A licensee, or officer, director, partner, manager, member, or qualified manager of a licensee shall not pay or compensate any of his or her employees or agents on the basis of a bonus, bounty, or quota system whereby a premium is placed on the number of employer or client rule violations or infractions purportedly discovered as a result of any investigation made by a licensee.(j) A licensee shall not use a fictitious business name in connection with the official activities of the licensees business, except as provided by the bureau.(k) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 30. Section 7539 of the Business and Professions Code, as added by Section 15 of Chapter 669 of the Statutes of 2014, is amended to read:7539. (a) Any licensee or officer, director, partner, or qualified manager of a licensee may divulge to any law enforcement officer or district attorney, or his or her representative, any information he or she may acquire as to any criminal offense, but he or she shall not divulge to any other person, except as otherwise required by law, any information acquired by him or her except at the direction of the employer or client for whom the information was obtained.(b) A licensee or officer, director, partner, qualified manager, or employee of a licensee shall not knowingly make any false report to his or her employer or client for whom information was being obtained.(c) A written report shall not be submitted to a client except by the licensee, qualified manager, or a person authorized by one or either of them, and the person submitting the report shall exercise diligence in ascertaining whether or not the facts and information in the report are true and correct.(d) A licensee, or officer, director, partner, qualified manager, or employee of a licensee shall not use a badge in connection with the official activities of the licensees business.(e) A licensee, or officer, director, partner, qualified manager, or employee of a licensee, shall not use a title, or wear a uniform, or use an insignia, or use an identification card, or make any statement with the intent to give an impression that he or she is connected in any way with the federal government, a state government, or any political subdivision of a state government.(f) A licensee, or officer, partner, qualified manager, or employee of a licensee shall not use any identification to indicate that he or she is licensed as a private investigator other than the official identification card issued by the bureau or the business card regularly used by the business. However, a licensee may issue an employer identification card.(g) A licensee, or officer, director, partner, qualified manager, or employee of a licensee, shall not enter any private building or portion thereof, except premises commonly accessible to the public, without the consent of the owner or of the person in legal possession thereof.(h) A licensee shall not permit an employee or agent in his or her own name to advertise, engage clients, furnish reports or present bills to clients, or in any manner conduct business for which a license is required under this chapter. All business of the licensee shall be conducted in the name of and under the control of the licensee.(i) A licensee, officer, director, partner, qualified manager, or employee of a licensee shall not knowingly and directly solicit employment from any person who has directly sustained bodily injury or from that persons spouse or other family member to obtain authorization on behalf of the injured person as an investigator to investigate the accident or act that resulted in injury or death to that person or damage to the property of that person. Nothing in this subdivision shall prohibit the soliciting of employment from that injured persons attorney, insurance company, self-insured administrator, insurance adjuster, employer, or any other person having an indirect interest in the investigation of the injury. This subdivision shall not apply to any business agent or attorney employed by a labor organization. A licensee, officer, director, partner, or qualified manager of a licensee shall not pay or compensate any of his or her employees or agents on the basis of a bonus, bounty, or quota system whereby a premium is placed on the number of employer or client rule violations or infractions purportedly discovered as a result of any investigation made by a licensee.(j) A licensee shall not use a fictitious business name in connection with the official activities of the licensees business, except as provided by the bureau.(k) This section shall become operative on January 1, 2021.SEC. 31. Section 7541 of the Business and Professions Code is amended to read:7541. (a) Except as otherwise provided by this section, an applicant, or his or her manager, for a license as a private investigator shall have had at least three years experience in investigation work. One years experience shall consist of not less than 2,000 hours of actual compensated work performed by each applicant preceding the filing of an application.(1) An applicant who holds a law degree or bachelors degree in police science, criminal justice, criminal law, or the equivalent thereof from an accredited college shall be credited with 2,000 hours of experience in investigation work.(2) An applicant who holds an associate degree in police science, criminal justice, criminal law, or the equivalent thereof from an accredited college shall be credited with 1,000 hours of experience in investigation work.(3) The total amount of time credited to an applicant for degrees described in this subdivision shall not exceed 2,000 hours of experience in investigation work.(b) An applicant shall substantiate the claimed years of qualifying experience and the exact details as to the character and nature thereof by written certifications from the employer or qualified manager, subject to independent verification by the director as he or she may determine.(1) Notwithstanding any other law, only an employer, qualified manager, or his or her designated agent may certify experience for purposes of this section.(2) For purposes of this section, the term employer shall mean only those persons, corporations, partnerships, proprietorships, or other associations which, in the employ of the designated individual, regularly and routinely withheld income taxes and other payroll deductions for direct forwarding to governmental taxing authorities.(3) For the purposes of this section, the term qualified manager shall mean only a manager who has qualified pursuant to Section 7536, who has directly overseen the work and experience of the applicant, and is under an employment or contractual arrangement to provide primary supervision of the applicant.(c) An employer who is a licensee or qualified manager shall respond in writing within 30 days to an applicants written request for certifications of the applicants work experience as an employee and either provide the certifications or the reasons for denial. If the applicant notifies the director in writing, under penalty of perjury, that the applicant is unable to obtain the required written response from a licensee or qualified manager, or provides the licensees or qualified managers written denial and states, under penalty of perjury, that the licensees or qualified managers reasons for denial are invalid or insufficient and the director concurs, the director may require the licensee or qualified manager to provide the bureau with all relevant employment records maintained pursuant to Section 7531.5 regarding the applicant for evaluation in substantiating the applicants employment experience.SEC. 32. Section 7541.1 of the Business and Professions Code is amended to read:7541.1. (a) Notwithstanding any other law, experience for purposes of taking the examination for licensure as a private investigator shall be limited to those activities actually performed in connection with investigations, as defined in Section 7521, and only if those activities are performed by persons who are employed or managed in the following capacities:(1) Sworn law enforcement officers possessing powers of arrest and employed by agencies in the federal, state, or local government.(2) Military police of the Armed Forces of the United States or the National Guard.(3) An insurance adjuster or their employees subject to Chapter 1 (commencing with Section 14000) of Division 5 of the Insurance Code.(4) Persons employed by a private investigator who are duly licensed in accordance with this chapter, or managed by a qualified manager in accordance with Section 7536.(5) Persons employed by repossessors duly licensed in accordance with Chapter 11 (commencing with Section 7500), only to the extent that those persons are routinely and regularly engaged in the location of debtors or the location of personal property utilizing methods commonly known as skip tracing. For purposes of this section, only that experience acquired in that skip tracing shall be credited toward qualification to take the examination.(6) Persons duly trained and certified as an arson investigator and employed by a public agency engaged in fire suppression.(7) Persons trained as investigators and employed by a public defender to conduct investigations.(8) (A) Persons trained as investigative reporters and employed by a media source, as defined in Section 1070 of the Evidence Code, whose investigative journalism experience is comprised of conducting primary investigations and producing investigative projects.(B) For purposes of this paragraph primary investigation means original and in-depth research and analysis involving multiple sources, including, but not limited to, public records, databases, archives, published and unpublished documents, witnesses, informers, whistleblowers, public officials, and experts, to produce investigative projects. (b) The following activities shall not be deemed to constitute acts of investigation for purposes of experience toward licensure:(1) The serving of legal process or other documents.(2) Activities relating to the search for heirs or similar searches which involve only a search of public records or other reference sources in the public domain.(3) The transportation or custodial attendance of persons in the physical custody of a law enforcement agency.(4) The provision of bailiff or other security services to a court of law.(5) The collection or attempted collection of debts by telephone or written solicitation after the debtor has been located.(6) The repossession or attempted repossession of personal property after that property has been located and identified.(c) Where the activities of employment of an applicant include those which qualify as bona fide experience as stated in this section as well as those which do not qualify, the director may, by delegation to the bureau, determine and apportion that percentage of experience for which any applicant is entitled to credit.SEC. 33. Section 7561.1 of the Business and Professions Code is amended to read:7561.1. The director may deny, suspend, or revoke a license issued under this chapter if he or she determines that the licensee or his or her qualified manager, if an individual, or if the licensee is a person other than an individual, that any of its officers, directors, partners, members, managers, or qualified manager, has:(a) Made any false statement or given any false information in connection with an application for a license or a renewal or reinstatement of a license.(b) Violated any provisions of this chapter.(c) Violated any rule of the director adopted pursuant to the authority contained in this chapter.(d) Been convicted of any act or crime constituting grounds for denial of licensure under Section 480, including illegally using, carrying, or possessing a deadly weapon.(e) Impersonated, or permitted or aided and abetted an employee to impersonate a law enforcement officer or employee of the United States of America, or of any state or political subdivision thereof.(f) Committed or permitted any employee to commit any act, while the license was expired which would be cause for the suspension or revocation of a license, or grounds for the denial of an application for a license.(g) Willfully failed or refused to render to a client services or a report as agreed between the parties and for which compensation has been paid or tendered in accordance with the agreement of the parties.(h) Committed assault, battery, or kidnapping, or using force or violence on any person, without proper justification.(i) Knowingly violated, or advised, encouraged, or assisted the violation of any court order or injunction in the course of business as a licensee.(j) Acted as a runner or capper for any attorney.(k) Been convicted of a violation of Section 148 of the Penal Code.(l) Committed any act which is a ground for denial of an application for a license under this chapter.(m) Committed any act prohibited by Chapter 1.5 (commencing with Section 630) of Title 15 of Part 1 of the Penal Code.(n) Purchased, possessed, or transported any tear gas weapon except as authorized by law. A violation of this subdivision may be punished by the suspension of a license for a period to be determined by the director.(o) Been convicted of a violation of Section 95.3 of the Penal Code.SEC. 34. Section 7561.3 of the Business and Professions Code is amended to read:7561.3. The director may suspend or revoke a license issued under this chapter if he or she determines that the licensee or his or her qualified manager, if an individual, or if the licensee is a person other than an individual, that any of its officers, directors, partners, members, managers, or qualified manager, has:(a) Used any letterhead, advertisement, or other printed matter, or in any manner whatever represented that he or she is an instrumentality of the federal government, a state, or any political subdivision thereof.(b) Used a name different from that under which he or she is currently licensed in any advertisement, solicitation, or contract for business.SEC. 35. Section 7561.4 of the Business and Professions Code is amended to read:7561.4. The director may suspend or revoke a license issued under this chapter if he or she determines that the licensee or his or her qualified manager, if an individual, or if the licensee is a person other than an individual, that any of its officers, directors, partners, members, managers, or qualified manager, has committed any act in the course of the licensees business constituting dishonesty or fraud.Dishonesty or fraud as used in this section, includes, in addition to other acts not specifically enumerated herein:(a) Knowingly making a false statement relating to evidence or information obtained in the course of employment, or knowingly publishing a slander or a libel in the course of business.(b) Using illegal means in the collection or attempted collection of a debt or obligation.(c) Manufacture of evidence.(d) Acceptance of employment adverse to a client or former client relating to a matter with respect to which the licensee has obtained confidential information by reason of or in the course of his or her employment by the client or former client.SEC. 36. Section 7570 of the Business and Professions Code, as amended by Section 17 of Chapter 800 of the Statutes of 2016, is amended to read:7570. The fees prescribed by this chapter are as follows:(a) The application and examination fee for an original license shall not exceed fifty dollars ($50).(b) The application fee for an original branch office certificate shall not exceed thirty dollars ($30).(c) The fee for an original license for a private investigator shall not exceed one hundred seventy-five dollars ($175).(d) The renewal fee is as follows:(1) For a license as a private investigator, the fee shall not exceed one hundred twenty-five dollars ($125).(2) For a branch office certificate for a private investigator, the fee shall not exceed thirty dollars ($30).(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 qualified manager shall not exceed fifteen dollars ($15).(h) The processing fee for the assignment of a license pursuant to Section 7530 shall not exceed one hundred twenty-five dollars ($125).(i) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 37. Section 7570 of the Business and Professions Code, as amended by Section 18 of Chapter 800 of the Statutes of 2016, is amended to read:7570. The fees prescribed by this chapter are as follows:(a) The application and examination fee for an original license shall not exceed fifty dollars ($50).(b) The application fee for an original branch office certificate shall not exceed thirty dollars ($30).(c) The fee for an original license for a private investigator shall not exceed one hundred seventy-five dollars ($175).(d) The renewal fee is as follows:(1) For a license as a private investigator, the fee shall not exceed one hundred twenty-five dollars ($125).(2) For a branch office certificate for a private investigator, the fee shall not exceed thirty dollars ($30).(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 qualified manager shall not exceed fifteen dollars ($15).(h) This section shall become operative on January 1, 2021.
22
3- Senate Bill No. 559 CHAPTER 569 An act to amend Sections 7512.3, 7512.7, 7515, 7518, 7520.3, 7521, 7521.5, 7525.1, 7526, 7527, 7527.5, 7529, 7530, 7531, 7533.5, 7536, 7537, 7538, 7538.5, 7539, 7541, 7541.1, 7561.1, 7561.3, 7561.4, and 7570 of, to add Section 7533.2 to, and to add and repeal Sections 7512.14 and 7512.15 of, the Business and Professions Code, relating to professions and vocations. [ Approved by Governor October 07, 2017. Filed with Secretary of State October 07, 2017. ] LEGISLATIVE COUNSEL'S DIGESTSB 559, Morrell. Private Investigator Act: license: limited liability company.Existing law, the Private Investigator Act, provides for the licensure and regulation of private investigators by the Bureau of Security and Investigative Services.(1) Existing law, until January 1, 2018, authorizes the bureau to issue a private investigator license to a limited liability company.Existing law, the California Revised Uniform Limited Liability Company Act, authorizes a limited liability company to have any lawful purpose, except as specified, and authorizes a domestic or foreign limited liability company to render services that may be lawfully rendered only pursuant to a license, certificate, or registration authorized by the Business and Professions Code if the provisions of that code authorize a limited liability company or foreign limited liability company to hold that license, certificate, or registration. As a condition for licensure, existing law requires a limited liability company to maintain a policy or policies of insurance against liability imposed on or against it by law for damages arising out of claims based upon acts, errors, or omissions arising out of the private investigator services it provides. Under existing law, if the applicant for a license is a limited liability company, the application is required to include specified information pertaining to each managing member and any other officer or member who will be active in the licensed business.This bill, until January 1, 2021, would extend the authority for the bureau to issue a private investigator license to a limited liability company and make related conforming changes. The bill also would define terms. The bill, on and after July 1, 2018, and until January 1, 2021, would require a licensee organized as a limited liability company to report a paid or pending claim against its liability insurance to the bureau and would require the bureau to post a notice of the claim on a specified license verification Internet Web page. The bill, beginning July 1, 2018, would require an applicant for an initial license or a licensee applying for reassignment of the license to notify the bureau on the application for licensure or reassignment if the applicant or licensee is a limited liability company and would require the bureau to include this information on a specified license verification Internet Web page.(2) Existing law requires an applicant, or his or her manager, for a license as a private investigator to have had at least 3 years experience in investigation work. Under existing law, a years experience is required to consist of not less than 2,000 hours of actual compensated work performed by each applicant preceding the filing of an application. Under existing law, an applicant who holds a law degree or who has completed a four-year course in police science, criminal justice, criminal law, or the equivalent is required to have had 2 years experience in investigation work.This bill would revise and recast these provisions by requiring an applicant with a law degree or bachelors degree in police science, criminal justice, criminal law, or the equivalent to be credited with 2,000 hours of experience in investigation work. The bill would require an applicant with an associate degree in police science, criminal justice, criminal law, or the equivalent to be credited with 1,000 hours of experience in investigation work. The bill would prohibit the total amount of time credited to an applicant for these degrees from exceeding 2,000 hours of experience in investigation work.(3) This bill would make various other conforming changes.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
3+ Enrolled September 19, 2017 Passed IN Senate September 14, 2017 Passed IN Assembly September 13, 2017 Amended IN Assembly September 07, 2017 Amended IN Assembly September 05, 2017 Amended IN Assembly July 18, 2017 Amended IN Senate April 24, 2017 Amended IN Senate April 06, 2017 Amended IN Senate March 28, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 559Introduced by Senator MorrellFebruary 16, 2017 An act to amend Sections 7512.3, 7512.7, 7515, 7518, 7520.3, 7521, 7521.5, 7525.1, 7526, 7527, 7527.5, 7529, 7530, 7531, 7533.5, 7536, 7537, 7538, 7538.5, 7539, 7541, 7541.1, 7561.1, 7561.3, 7561.4, and 7570 of, to add Section 7533.2 to, and to add and repeal Sections 7512.14 and 7512.15 of, the Business and Professions Code, relating to professions and vocations. LEGISLATIVE COUNSEL'S DIGESTSB 559, Morrell. Private Investigator Act: license: limited liability company.Existing law, the Private Investigator Act, provides for the licensure and regulation of private investigators by the Bureau of Security and Investigative Services.(1) Existing law, until January 1, 2018, authorizes the bureau to issue a private investigator license to a limited liability company.Existing law, the California Revised Uniform Limited Liability Company Act, authorizes a limited liability company to have any lawful purpose, except as specified, and authorizes a domestic or foreign limited liability company to render services that may be lawfully rendered only pursuant to a license, certificate, or registration authorized by the Business and Professions Code if the provisions of that code authorize a limited liability company or foreign limited liability company to hold that license, certificate, or registration. As a condition for licensure, existing law requires a limited liability company to maintain a policy or policies of insurance against liability imposed on or against it by law for damages arising out of claims based upon acts, errors, or omissions arising out of the private investigator services it provides. Under existing law, if the applicant for a license is a limited liability company, the application is required to include specified information pertaining to each managing member and any other officer or member who will be active in the licensed business.This bill, until January 1, 2021, would extend the authority for the bureau to issue a private investigator license to a limited liability company and make related conforming changes. The bill also would define terms. The bill, on and after July 1, 2018, and until January 1, 2021, would require a licensee organized as a limited liability company to report a paid or pending claim against its liability insurance to the bureau and would require the bureau to post a notice of the claim on a specified license verification Internet Web page. The bill, beginning July 1, 2018, would require an applicant for an initial license or a licensee applying for reassignment of the license to notify the bureau on the application for licensure or reassignment if the applicant or licensee is a limited liability company and would require the bureau to include this information on a specified license verification Internet Web page.(2) Existing law requires an applicant, or his or her manager, for a license as a private investigator to have had at least 3 years experience in investigation work. Under existing law, a years experience is required to consist of not less than 2,000 hours of actual compensated work performed by each applicant preceding the filing of an application. Under existing law, an applicant who holds a law degree or who has completed a four-year course in police science, criminal justice, criminal law, or the equivalent is required to have had 2 years experience in investigation work.This bill would revise and recast these provisions by requiring an applicant with a law degree or bachelors degree in police science, criminal justice, criminal law, or the equivalent to be credited with 2,000 hours of experience in investigation work. The bill would require an applicant with an associate degree in police science, criminal justice, criminal law, or the equivalent to be credited with 1,000 hours of experience in investigation work. The bill would prohibit the total amount of time credited to an applicant for these degrees from exceeding 2,000 hours of experience in investigation work.(3) This bill would make various other conforming changes.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
4+
5+ Enrolled September 19, 2017 Passed IN Senate September 14, 2017 Passed IN Assembly September 13, 2017 Amended IN Assembly September 07, 2017 Amended IN Assembly September 05, 2017 Amended IN Assembly July 18, 2017 Amended IN Senate April 24, 2017 Amended IN Senate April 06, 2017 Amended IN Senate March 28, 2017
6+
7+Enrolled September 19, 2017
8+Passed IN Senate September 14, 2017
9+Passed IN Assembly September 13, 2017
10+Amended IN Assembly September 07, 2017
11+Amended IN Assembly September 05, 2017
12+Amended IN Assembly July 18, 2017
13+Amended IN Senate April 24, 2017
14+Amended IN Senate April 06, 2017
15+Amended IN Senate March 28, 2017
16+
17+ CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
418
519 Senate Bill No. 559
6-CHAPTER 569
20+
21+Introduced by Senator MorrellFebruary 16, 2017
22+
23+Introduced by Senator Morrell
24+February 16, 2017
725
826 An act to amend Sections 7512.3, 7512.7, 7515, 7518, 7520.3, 7521, 7521.5, 7525.1, 7526, 7527, 7527.5, 7529, 7530, 7531, 7533.5, 7536, 7537, 7538, 7538.5, 7539, 7541, 7541.1, 7561.1, 7561.3, 7561.4, and 7570 of, to add Section 7533.2 to, and to add and repeal Sections 7512.14 and 7512.15 of, the Business and Professions Code, relating to professions and vocations.
9-
10- [ Approved by Governor October 07, 2017. Filed with Secretary of State October 07, 2017. ]
1127
1228 LEGISLATIVE COUNSEL'S DIGEST
1329
1430 ## LEGISLATIVE COUNSEL'S DIGEST
1531
1632 SB 559, Morrell. Private Investigator Act: license: limited liability company.
1733
1834 Existing law, the Private Investigator Act, provides for the licensure and regulation of private investigators by the Bureau of Security and Investigative Services.(1) Existing law, until January 1, 2018, authorizes the bureau to issue a private investigator license to a limited liability company.Existing law, the California Revised Uniform Limited Liability Company Act, authorizes a limited liability company to have any lawful purpose, except as specified, and authorizes a domestic or foreign limited liability company to render services that may be lawfully rendered only pursuant to a license, certificate, or registration authorized by the Business and Professions Code if the provisions of that code authorize a limited liability company or foreign limited liability company to hold that license, certificate, or registration. As a condition for licensure, existing law requires a limited liability company to maintain a policy or policies of insurance against liability imposed on or against it by law for damages arising out of claims based upon acts, errors, or omissions arising out of the private investigator services it provides. Under existing law, if the applicant for a license is a limited liability company, the application is required to include specified information pertaining to each managing member and any other officer or member who will be active in the licensed business.This bill, until January 1, 2021, would extend the authority for the bureau to issue a private investigator license to a limited liability company and make related conforming changes. The bill also would define terms. The bill, on and after July 1, 2018, and until January 1, 2021, would require a licensee organized as a limited liability company to report a paid or pending claim against its liability insurance to the bureau and would require the bureau to post a notice of the claim on a specified license verification Internet Web page. The bill, beginning July 1, 2018, would require an applicant for an initial license or a licensee applying for reassignment of the license to notify the bureau on the application for licensure or reassignment if the applicant or licensee is a limited liability company and would require the bureau to include this information on a specified license verification Internet Web page.(2) Existing law requires an applicant, or his or her manager, for a license as a private investigator to have had at least 3 years experience in investigation work. Under existing law, a years experience is required to consist of not less than 2,000 hours of actual compensated work performed by each applicant preceding the filing of an application. Under existing law, an applicant who holds a law degree or who has completed a four-year course in police science, criminal justice, criminal law, or the equivalent is required to have had 2 years experience in investigation work.This bill would revise and recast these provisions by requiring an applicant with a law degree or bachelors degree in police science, criminal justice, criminal law, or the equivalent to be credited with 2,000 hours of experience in investigation work. The bill would require an applicant with an associate degree in police science, criminal justice, criminal law, or the equivalent to be credited with 1,000 hours of experience in investigation work. The bill would prohibit the total amount of time credited to an applicant for these degrees from exceeding 2,000 hours of experience in investigation work.(3) This bill would make various other conforming changes.
1935
2036 Existing law, the Private Investigator Act, provides for the licensure and regulation of private investigators by the Bureau of Security and Investigative Services.
2137
2238 (1) Existing law, until January 1, 2018, authorizes the bureau to issue a private investigator license to a limited liability company.
2339
2440 Existing law, the California Revised Uniform Limited Liability Company Act, authorizes a limited liability company to have any lawful purpose, except as specified, and authorizes a domestic or foreign limited liability company to render services that may be lawfully rendered only pursuant to a license, certificate, or registration authorized by the Business and Professions Code if the provisions of that code authorize a limited liability company or foreign limited liability company to hold that license, certificate, or registration. As a condition for licensure, existing law requires a limited liability company to maintain a policy or policies of insurance against liability imposed on or against it by law for damages arising out of claims based upon acts, errors, or omissions arising out of the private investigator services it provides. Under existing law, if the applicant for a license is a limited liability company, the application is required to include specified information pertaining to each managing member and any other officer or member who will be active in the licensed business.
2541
2642 This bill, until January 1, 2021, would extend the authority for the bureau to issue a private investigator license to a limited liability company and make related conforming changes. The bill also would define terms. The bill, on and after July 1, 2018, and until January 1, 2021, would require a licensee organized as a limited liability company to report a paid or pending claim against its liability insurance to the bureau and would require the bureau to post a notice of the claim on a specified license verification Internet Web page. The bill, beginning July 1, 2018, would require an applicant for an initial license or a licensee applying for reassignment of the license to notify the bureau on the application for licensure or reassignment if the applicant or licensee is a limited liability company and would require the bureau to include this information on a specified license verification Internet Web page.
2743
2844 (2) Existing law requires an applicant, or his or her manager, for a license as a private investigator to have had at least 3 years experience in investigation work. Under existing law, a years experience is required to consist of not less than 2,000 hours of actual compensated work performed by each applicant preceding the filing of an application. Under existing law, an applicant who holds a law degree or who has completed a four-year course in police science, criminal justice, criminal law, or the equivalent is required to have had 2 years experience in investigation work.
2945
3046 This bill would revise and recast these provisions by requiring an applicant with a law degree or bachelors degree in police science, criminal justice, criminal law, or the equivalent to be credited with 2,000 hours of experience in investigation work. The bill would require an applicant with an associate degree in police science, criminal justice, criminal law, or the equivalent to be credited with 1,000 hours of experience in investigation work. The bill would prohibit the total amount of time credited to an applicant for these degrees from exceeding 2,000 hours of experience in investigation work.
3147
3248 (3) This bill would make various other conforming changes.
3349
3450 ## Digest Key
3551
3652 ## Bill Text
3753
3854 The people of the State of California do enact as follows:SECTION 1. Section 7512.3 of the Business and Professions Code, as amended by Section 1 of Chapter 669 of the Statutes of 2014, is amended to read:7512.3. (a) As used in this chapter, person includes any individual, firm, company, limited liability company, association, organization, partnership, and corporation.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 2. Section 7512.3 of the Business and Professions Code, as added by Section 2 of Chapter 669 of the Statutes of 2014, is amended to read:7512.3. (a) As used in this chapter, person includes any individual, firm, company, association, organization, partnership, and corporation.(b) This section shall become operative on January 1, 2021.SEC. 3. Section 7512.7 of the Business and Professions Code is amended to read:7512.7. As used in this chapter, qualified manager means the individual under whose direction, control, charge, or management the business of a licensee is operated as specified in Section 7536.SEC. 4. Section 7512.14 is added to the Business and Professions Code, to read:7512.14. (a) As used in this chapter, member means an individual who is a member of a limited liability company as specified in Section 17704.01 of the Corporations Code.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 5. Section 7512.15 is added to the Business and Professions Code, to read:7512.15. (a) As used in this chapter, manager means an individual designated under an operating agreement of a manager-managed limited liability company who is responsible for performing the management functions for the limited liability company specified in subdivision (c) of Section 17704.07 of the Corporations Code.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 6. Section 7515 of the Business and Professions Code is amended to read:7515. The director may adopt and enforce reasonable rules, as follows:(a) Fixing the qualifications of licensees and qualified managers, in addition to those prescribed in this chapter, necessary to promote and protect the public welfare.(b) Carrying out generally the provisions of this chapter, including regulation of the conduct of licensees.SEC. 7. Section 7518 of the Business and Professions Code is amended to read:7518. Where a hearing is held under this chapter to determine whether an application for a license should be granted or to determine the qualifications of a licensees qualified manager, the proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the director shall have all of the powers granted therein.SEC. 8. Section 7520.3 of the Business and Professions Code is amended to read:7520.3. (a) As a condition of the issuance, reinstatement, reactivation, or continued valid use of a license under this chapter, a limited liability company shall, in accordance with this section, maintain a policy or policies of insurance against liability imposed on or against it by law for damages arising out of claims based upon acts, errors, or omissions arising out of the private investigator services it provides.(b) The total aggregate limit of liability under the policy or policies of insurance required under this section shall be as follows:(1) For a limited liability company licensee with five or fewer persons named as members pursuant to subdivision (i) of Section 7525.1, the aggregate limit shall not be less than one million dollars ($1,000,000).(2) For a limited liability company licensee with more than five persons named as members pursuant to subdivision (i) of Section 7525.1, an additional one hundred thousand dollars ($100,000) of insurance shall be obtained for each person named as members of the licensee except that the maximum amount of insurance is not required to exceed five million dollars ($5,000,000) in any one designated period, less amounts paid in defending, settling, or discharging claims as set forth under this section.(c) Prior to the issuance, reinstatement, or reactivation of a limited liability company license as provided under this chapter, the applicant or licensee shall, in the manner prescribed by the bureau, submit the information and documentation required by this section and requested by the bureau, demonstrating compliance with the financial security requirements specified by this section.(d) For any insurance policy secured by a licensee in satisfaction of this section, a Certificate of Liability Insurance, signed by an authorized agent or employee of the insurer, shall be submitted electronically or otherwise to the bureau. The insurer issuing the certificate shall report to the bureau the following information for any policy required under this section: name, license number, policy number, dates that coverage is scheduled to commence and lapse, and cancellation date if applicable. The insurer shall list the bureau as the certificate holder for the purposes of receiving notifications related to the policys status.(e) (1) If a licensee fails to maintain sufficient insurance as required by this section, or fails to provide proof of the required insurance upon request by the bureau, the license is subject to suspension and shall be automatically suspended pursuant to this subdivision until the date that the licensee provides proof to the bureau of compliance with the insurance coverage requirement.(2) Prior to an automatic suspension, the bureau shall notify the licensee, in writing, that it has 30 days to provide proof to the bureau of having the required insurance or the license shall be automatically suspended.(3) If the licensee fails to provide proof of insurance coverage within this period, the bureau may automatically suspend the license.(f) If the license of a limited liability company is suspended pursuant to subdivision (e), each member of the limited liability company shall be personally liable up to one million dollars ($1,000,000) each for damages resulting to third parties in connection with the companys performance, during the period of suspension, of any act or contract when a license is required by this chapter.(g) On and after July 1, 2018, a licensee organized as a limited liability company shall report a paid or pending claim against its liability insurance to the bureau, which shall post a notice of the claim on the Department of Consumer Affairs BreEZe License Verification Internet Web page. (h) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 9. Section 7521 of the Business and Professions Code is amended to read:7521. A private investigator within the meaning of this chapter is a person, other than an insurance adjuster subject to the provisions of Chapter 1 (commencing with Section 14000) of Division 5 of the Insurance Code, who, for any consideration whatsoever engages in business or accepts employment to furnish or agrees to furnish any person to protect persons pursuant to Section 7521.5, or engages in business or accepts employment to furnish, or agrees to make, or makes, any investigation for the purpose of obtaining, information with reference to:(a) Crime or wrongs done or threatened against the United States of America or any state or territory of the United States of America.(b) The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of any person.(c) The location, disposition, or recovery of lost or stolen property.(d) The cause or responsibility for fires, libels, losses, accidents, or damage or injury to persons or to property.(e) Securing evidence to be used before any court, board, officer, or investigating committee.For the purposes of this section, a private investigator is any person, as defined in Section 7512.3, acting for the purpose of investigating, obtaining, and reporting to any employer, or an agent designated by the employer, information concerning the employers employees involving questions of integrity, honesty, breach of rules, or other standards of performance of job duties.This section shall not apply to a public utility regulated by the State Public Utilities Commission, or its employees.SEC. 10. Section 7521.5 of the Business and Professions Code is amended to read:7521.5. (a) A private investigator may provide services to protect a person, but not property, which is incidental to an investigation for which the private investigator has been previously hired to perform.(b) If the private investigator provides those services, he or she shall comply with the requirements of Article 4 (commencing with Section 7540), as those provisions relate to the carrying of firearms and the receipt of a valid firearms qualification card from the bureau.(c) If the private investigator provides those services, he or she shall comply with the requirements of Sections 7583.39, 7583.40, and 7583.41, as those provisions relate to the maintenance of an insurance policy.(d) If a person acts for, or on behalf of a private investigator in providing those services, that person shall be an employee of the private investigator, as defined by Section 7512.11, and there shall be an employer-employee relationship, as defined in Section 7512.12, and that person shall comply with the requirements of this section, except as provided in subdivisions (b) and (c).SEC. 11. Section 7525.1 of the Business and Professions Code, as amended by Section 11 of Chapter 800 of the Statutes of 2016, is amended to read:7525.1. An application shall be verified and shall include:(a) The full name and business address of the applicant.(b) The name under which the applicant intends to do business.(c) A statement as to the general nature of the business in which the applicant intends to engage.(d) A verified statement of his or her experience qualifications.(e) (1) If the applicant is an individual, a qualified manager, a partner of a partnership, an officer of a corporation designated in subdivision (h), or a member, officer, or manager of a limited liability company designated in subdivision (i), one personal identification form provided by the bureau upon which shall appear a photograph taken within one year immediately preceding the date of the filing of the application together with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, on a form approved by the Department of Justice, and a personal description of each person, respectively. The identification form shall include residence addresses and employment history for the previous five years and be signed under penalty of perjury.(2) The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants, excluding those submitted into an electronic fingerprint system using electronic fingerprint technology.(f) In addition, if the applicant for a license is an individual, the application shall list all other names known as or used during the past 10 years and shall state that the applicant is to be personally and actively in charge of the business for which the license is sought. If any other qualified manager is to be actively in charge of the business, the application shall be subscribed, verified, and signed by the applicant, under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person under penalty of perjury.(g) If the applicants for a license are copartners, the application shall state the true names and addresses of all partners and the name of the partner to be actively in charge of the business for which the license is sought and list all other names known as or used during the past 10 years. If a qualified manager other than a partner is to be actively in charge of the business, then the application shall be subscribed, verified, and signed by all of the partners under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person, under penalty of perjury, under penalty of perjury by all of the partners and the qualified manager, or by all of the partners or the qualified manager.(h) If the applicant for a license is a corporation, the application shall state the true names and complete residence addresses of the chief executive officer, secretary, chief financial officer, and any other corporate officer who will be active in the business to be licensed. The application shall also state the name and address of the designated person to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by a duly authorized officer of the applicant and by the qualified manager thereof, under penalty of perjury.(i) If the applicant for a license is a limited liability company, the application shall state the true name and complete residence address of each member, manager, and any officer who will be active in the business to be licensed. A certified copy of the articles of organization, as filed by the Secretary of State, shall be supplied to the bureau upon request. In the case of a manager-managed limited liability company, the application shall be subscribed, verified, and signed by a manager; otherwise, in the case of a member-managed limited liability company, the application shall be subscribed, verified, and signed by a duly authorized member of the applicant and by the qualified manager thereof. The application shall also state whether any of the members, managers, officers, or the qualified manager has ever used an alias.(j) Any other information, evidence, statements, or documents as may be required by the director.(k) At the discretion of the applicant, a valid email address.(l) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 12. Section 7525.1 of the Business and Professions Code, as amended by Section 6 of Chapter 635 of the Statutes of 2015, is amended to read:7525.1. An application shall be verified and shall include:(a) The full name and business address of the applicant.(b) The name under which the applicant intends to do business.(c) A statement as to the general nature of the business in which the applicant intends to engage.(d) A verified statement of his or her experience qualifications.(e) (1) If the applicant is an individual, a qualified manager, a partner of a partnership, or an officer of a corporation designated in subdivision (h), one personal identification form provided by the bureau upon which shall appear a photograph taken within one year immediately preceding the date of the filing of the application together with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, on a form approved by the Department of Justice, and a personal description of each person, respectively. The identification form shall include residence addresses and employment history for the previous five years and be signed under penalty of perjury.(2) The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants, excluding those submitted into an electronic fingerprint system using electronic fingerprint technology.(f) In addition, if the applicant for a license is an individual, the application shall list all other names known as or used during the past 10 years and shall state that the applicant is to be personally and actively in charge of the business for which the license is sought. If any other qualified manager is to be actively in charge of the business, the application shall be subscribed, verified, and signed by the applicant, under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person under penalty of perjury.(g) If the applicants for a license are copartners, the application shall state the true names and addresses of all partners and the name of the partner to be actively in charge of the business for which the license is sought and list all other names known as or used during the past 10 years. If a qualified manager other than a partner is to be actively in charge of the business, then the application shall be subscribed, verified, and signed by all of the partners under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed under penalty of perjury by that person, by all of the partners and the qualified manager, or by all of the partners or the qualified manager.(h) If the applicant for a license is a corporation, the application shall state the true names and complete residence addresses of the chief executive officer, secretary, chief financial officer, and any other corporate officer who will be active in the business to be licensed. The application shall also state the name and address of the designated person to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by a duly authorized officer of the applicant and by the qualified manager thereof, under penalty of perjury.(i) Any other information, evidence, statements, or documents as may be required by the director.(j) At the discretion of the applicant, a valid email address.(k) This section shall become operative on January 1, 2021.SEC. 13. Section 7526 of the Business and Professions Code is amended to read:7526. Before an application for a license is granted, the applicant for a license or his or her qualified manager shall meet all of the following:(a) Be at least 18 years of age.(b) Not have committed acts or crimes constituting grounds for denial of a license under Section 480.(c) Comply with the requirements specified in this chapter for the particular license for which an application is made.(d) Comply with other qualifications as the director may fix by rule.SEC. 14. Section 7527 of the Business and Professions Code is amended to read:7527. The director may require an applicant or his or her qualified manager, to demonstrate his or her qualifications by a written or oral examination, or a combination of both.SEC. 15. Section 7527.5 of the Business and Professions Code is amended to read:7527.5. Payment of the application fee prescribed by this chapter entitles an applicant or his or her qualified manager to one examination without further charge. If the person fails to pass the examination, he or she shall not be eligible for any subsequent examination except upon payment of the reexamination fee prescribed by this chapter for each subsequent examination.SEC. 16. Section 7529 of the Business and Professions Code, as amended by Section 6 of Chapter 669 of the Statutes of 2014, is amended to read:7529. (a) Upon the issuance of a license, a pocket card of the size, design, and content as may be determined by the director shall be issued by the bureau to each licensee, as follows:(1) If the licensee is an individual, the pocket card shall be issued to the licensee and the licensees qualified manager.(2) If the licensee is a partnership, the pocket card shall be issued to each partner of the partnership licensee active in the business and the licensees qualified manager.(3) If the licensee is a corporation, the pocket card shall be issued to each officer active in the business and the licensees qualified manager.(4) If the licensee is a limited liability company, the pocket card shall be issued to each member, officer, and manager of the licensee active in the business and the licensees qualified manager.(b) The pocket card is evidence that the licensee is licensed pursuant to this chapter. The card shall contain the signature of the licensee, signature of the chief, and a photograph of the licensee, or bearer of the card, if the licensee is other than an individual. The card shall clearly state that the person is licensed as a private investigator or is the qualified manager, officer, member, or manager of the licensee. The pocket card is to be composed of a durable material and may incorporate technologically advanced security features. The bureau may charge a fee sufficient to reimburse the departments costs for furnishing the pocket card. The fee charged shall not exceed the actual direct costs for system development, maintenance, and processing necessary to provide this service, and shall not exceed sixteen dollars ($16). When a person to whom a card is issued terminates his or her position, office, or association with the licensee, the card shall be surrendered to the licensee and within five days thereafter shall be mailed or delivered by the licensee to the bureau for cancellation. Every person, while engaged in any activity for which licensure is required, shall display his or her valid pocket card as provided by regulation.(c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 17. Section 7529 of the Business and Professions Code, as added by Section 7 of Chapter 669 of the Statutes of 2014, is amended to read:7529. (a) Upon the issuance of a license, a pocket card of the size, design, and content as may be determined by the director shall be issued by the bureau to each licensee, as follows:(1) If the licensee is an individual, the pocket card shall be issued to the licensee and the licensees qualified manager.(2) If the licensee is a partnership, the pocket card shall be issued to each partner of the partnership licensee active in the business and the licensees qualified manager.(3) If the licensee is a corporation, the pocket card shall be issued to each officer active in the business and the licensees qualified manager.(b) The pocket card is evidence that the licensee is licensed pursuant to this chapter. The card shall contain the signature of the licensee, signature of the chief, and a photograph of the licensee, or bearer of the card, if the licensee is other than an individual. The card shall clearly state that the person is licensed as a private investigator or is the qualified manager or officer of the licensee. The pocket card is to be composed of a durable material and may incorporate technologically advanced security features. The bureau may charge a fee sufficient to reimburse the departments costs for furnishing the pocket card. The fee charged shall not exceed the actual direct costs for system development, maintenance, and processing necessary to provide this service, and shall not exceed sixteen dollars ($16). When a person to whom a card is issued terminates his or her position, office, or association with the licensee, the card shall be surrendered to the licensee and within five days thereafter shall be mailed or delivered by the licensee to the bureau for cancellation. Every person, while engaged in any activity for which licensure is required, shall display his or her valid pocket card as provided by regulation.(c) This section shall become operative on January 1, 2021.SEC. 18. Section 7530 of the Business and Professions Code, as amended by Section 8 of Chapter 669 of the Statutes of 2014, is amended to read:7530. (a) Except as provided in this section, a license issued under this chapter is not assignable.(b) A licensee may apply to the chief for consent, and upon receipt of the consent and payment of the processing fee authorized by Section 7570, may assign a license to another business entity as long as the direct and indirect owners of the assignor own all of the assignee immediately after the assignment.SEC. 19. Section 7531 of the Business and Professions Code is amended to read:7531. A licensee shall at all times be legally responsible for the good conduct in the business of each of his or her employees or agents, including his or her qualified manager.SEC. 20. Section 7533.2 is added to the Business and Professions Code, to read:7533.2. (a) At the time of an initial application for licensure or reassignment, an applicant for an initial license or a licensee applying for reassignment of the license shall notify the bureau on the application for licensure or reassignment if the applicant or licensee is a limited liability company for the purposes of this chapter during the period of licensure. The bureau shall include this information on the Department of Consumer Affairs BreEZe License Verification Internet Web page.(b) This section shall become operative on July 1, 2018.SEC. 21. Section 7533.5 of the Business and Professions Code, as amended by Section 12 of Chapter 800 of the Statutes of 2016, is amended to read:7533.5. (a) A licensee shall notify the bureau within 30 days of any change in its corporate officers required to be named pursuant to subdivision (h) of Section 7525.1 or members or managers required to be named pursuant to subdivision (i) of Section 7525.1, and of any addition of a new partner.(b) Applications, on forms prescribed by the director, shall be submitted by all new officers, members or managers, and partners. The director may suspend or revoke a license issued under this chapter if the director determines that the new officer, member or manager, or partner of a licensee has committed any of the acts constituting grounds to deny an application for a license or to take disciplinary action against a licensee pursuant to Section 7538 or 7538.5, respectively.(c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 22. Section 7533.5 of the Business and Professions Code, as added by Section 13 of Chapter 800 of the Statutes of 2016, is amended to read:7533.5. (a) A licensee shall notify the bureau within 30 days of any change in its corporate officers required to be named pursuant to subdivision (h) of Section 7525.1, and of any addition of a new partner.(b) Applications, on forms prescribed by the director, shall be submitted by all new officers and partners. The director may suspend or revoke a license issued under this chapter if the director determines that the new officer or partner of a licensee has committed any of the acts constituting grounds to deny an application for a license or to take disciplinary action against a licensee pursuant to Section 7538 or 7538.5, respectively.(c) This section shall become operative on January 1, 2021.SEC. 23. Section 7536 of the Business and Professions Code is amended to read:7536. (a) The business of each licensee shall be operated under the active direction, control, charge, or management, in this state, of the licensee, if he or she is qualified, or the person who is qualified to act as the licensees qualified manager, if the licensee is not qualified.(b) No person shall act as a qualified manager of a licensee until he or she has complied with each of the following:(1) Demonstrated his or her qualifications by a written or oral examination, or a combination of both, if required by the director.(2) Made a satisfactory showing to the director that he or she has the qualifications prescribed in Section 7526 and that none of the facts stated in Section 7538 or 7538.5 exist as to him or her.(c) A person shall not act as a qualified manager of more than five licensees. The person acting as a qualified manager shall share equally with the licensee the responsibility and any liability for the conduct of the business of the licensee and the actions of the employees and other personnel of the licensee. This section shall not apply to any licensee that notifies the bureau in writing that he or she is not conducting any business, but requests to maintain a current license status with the bureau. Whenever the licensee resumes conducting business, the licensee shall so inform the bureau in writing within 30 days.(d) Any person acting as a qualified manager of a licensee shall be the holder of a qualification certificate issued by the bureau. The certificate, together with the current renewal certificate, shall be predominantly displayed below the private investigators license.SEC. 24. Section 7537 of the Business and Professions Code is amended to read:7537. (a) In case of the death of a person licensed as an individual, a member of the immediate family of the deceased licensee shall be entitled to continue the business under the same license for 120 days following the death of the licensee, provided that written application for permission is made to the bureau within 30 days following the death of the licensee. At the end of the 120-day period, the license shall be automatically canceled. If no request is received within the 30-day period, the license shall be automatically canceled at the end of that period.(b) If the qualified manager ceases for any reason whatsoever to be connected with the licensee to whom the license is issued, the licensee shall notify the bureau in writing 30 days from this cessation. If the notice of cessation is filed timely, the license shall remain in force for a period of 90 days after cessation or for an additional period, not to exceed one year, as approved by the director, pending the qualification of another qualified manager as provided in this chapter. After the 90-day period or additional period, as approved by the director, the license shall be automatically suspended, unless the bureau receives written notification that the license is under the active charge of a qualified manager. If the licensee fails to notify the bureau within the 30-day period, his or her license shall be automatically suspended and may be reinstated only upon the filing of an application for reinstatement, payment of the reinstatement fee, and the qualification of a qualified manager as provided in this chapter.(c) In the case of the death or disassociation of a partner of an entity licensed as a partnership, the licensee shall notify the bureau, in writing, within 30 days from the death or disassociation of the individual. If notice is given, the license shall remain in force for 90 days following the death or disassociation. At the end of this period the license shall be automatically canceled. If the licensee fails to notify the bureau within the 30-day period, the license shall be automatically canceled.(d) A license extended under this section is subject to all other provisions of this chapter.SEC. 25. Section 7538 of the Business and Professions Code, as amended by Section 10 of Chapter 669 of the Statutes of 2014, is amended to read:7538. (a) After a hearing the director may deny a license unless the applicant makes a showing satisfactory to the director that the applicant, if an individual, and the applicants qualified manager have not, or, if the applicant is a person other than an individual, that its qualified manager and each of its officers, partners, members, or managers have not:(1) Committed any act that, if committed by a licensee, would be a ground for the suspension or revocation of a license under this chapter.(2) Committed any act constituting dishonesty or fraud.(3) Committed any act or crime constituting grounds for denial of licensure under Section 480, including illegally using, carrying, or possessing a deadly weapon.(4) Been refused a license under this chapter or had a license revoked.(5) Been an officer, partner, qualified manager, member, or manager of any person who has been refused a license under this chapter or whose license has been revoked.(6) While unlicensed committed, or aided and abetted the commission of, any act for which a license is required by this chapter.(7) Knowingly made any false statement in his or her application.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 26. Section 7538 of the Business and Professions Code, as added by Section 11 of Chapter 669 of the Statutes of 2014, is amended to read:7538. (a) After a hearing the director may deny a license unless the applicant makes a showing satisfactory to the director that the applicant, if an individual, and the applicants qualified manager have not, or, if the applicant is a person other than an individual, that its qualified manager and each of its officers and partners have not:(1) Committed any act that, if committed by a licensee, would be a ground for the suspension or revocation of a license under this chapter.(2) Committed any act constituting dishonesty or fraud.(3) Committed any act or crime constituting grounds for denial of licensure under Section 480, including illegally using, carrying, or possessing a deadly weapon.(4) Been refused a license under this chapter or had a license revoked.(5) Been an officer, partner, or qualified manager of any person who has been refused a license under this chapter or whose license has been revoked.(6) While unlicensed committed, or aided and abetted the commission of, any act for which a license is required by this chapter.(7) Knowingly made any false statement in his or her application.(b) This section shall become operative on January 1, 2021.SEC. 27. Section 7538.5 of the Business and Professions Code, as amended by Section 12 of Chapter 669 of the Statutes of 2014, is amended to read:7538.5. (a) The director may refuse to issue any license provided for in this chapter to any of the following:(1) An individual who has had any license revoked, has a license currently under suspension, or failed to renew his or her license while under suspension.(2) An individual who, while acting as a partner of a partnership, an officer or director of a corporation, or a member, manager, or officer of a limited liability company, had his or her license revoked, has a license currently under suspension, or failed to renew his or her license while under suspension.(3) An individual who, while acting as a partner of the partnership, an officer, director of the corporation, or a member, manager, or officer of a limited liability company meets both of the following conditions:(A) He or she was a partner of any partnership, an officer or director of any corporation, or a member, manager, or officer of any limited liability company whose license was revoked, is currently under suspension, or was not renewed while under suspension.(B) While acting as a partner, officer, director, member, or manager, he or she participated in any of the prohibited acts for which the license was revoked or suspended.(4) An individual who is serving or has served as the qualified manager for any licensee that has had its license revoked, is currently under suspension, or failed to renew while under suspension.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 28. Section 7538.5 of the Business and Professions Code, as added by Section 13 of Chapter 669 of the Statutes of 2014, is amended to read:7538.5. (a) The director may refuse to issue any license provided for in this chapter to any of the following:(1) An individual who has had any license revoked, has a license currently under suspension, or failed to renew his or her license while under suspension.(2) An individual who, while acting as a partner of a partnership, or an officer or director of a corporation, had his or her license revoked, has a license currently under suspension, or failed to renew his or her license while under suspension.(3) A person who, while acting as a partner of the partnership, or an officer or director of the corporation, meets both of the following conditions:(A) He or she was a partner of any partnership, or an officer or director of any corporation, whose license was revoked, is currently under suspension, or was not renewed while under suspension.(B) He or she, while acting as a partner, officer, or director, participated in any of the prohibited acts for which the license was revoked or suspended.(4) An individual who is serving or has served as the qualified manager for any licensee that has had its license revoked, is currently under suspension, or failed to renew while under suspension.(b) This section shall become operative on January 1, 2021.SEC. 29. Section 7539 of the Business and Professions Code, as amended by Section 14 of Chapter 669 of the Statutes of 2014, is amended to read:7539. (a) Any licensee or officer, director, partner, member, manager, or qualified manager of a licensee may divulge to any law enforcement officer or district attorney, or his or her representative, any information he or she may acquire as to any criminal offense, but he or she shall not divulge to any other person, except as otherwise required by law, any information acquired by him or her except at the direction of the employer or client for whom the information was obtained.(b) A licensee or officer, director, partner, member, manager, qualified manager, or employee of a licensee shall not knowingly make any false report to his or her employer or client for whom information was being obtained.(c) A written report shall not be submitted to a client except by the licensee, qualified manager, or a person authorized by one or either of them, and the person submitting the report shall exercise diligence in ascertaining whether or not the facts and information in the report are true and correct.(d) A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee shall not use a badge in connection with the official activities of the licensees business.(e) A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee, shall not use a title, or wear a uniform, or use an insignia, or use an identification card, or make any statement with the intent to give an impression that he or she is connected in any way with the federal government, a state government, or any political subdivision of a state government.(f) A licensee, or officer, partner, manager, member, qualified manager, or employee of a licensee shall not use any identification to indicate that he or she is licensed as a private investigator other than the official identification card issued by the bureau or the business card regularly used by the business. However, a licensee may issue an employer identification card.(g) A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee, shall not enter any private building or portion thereof, except premises commonly accessible to the public, without the consent of the owner or of the person in legal possession thereof.(h) A licensee shall not permit an employee or agent in his or her own name to advertise, engage clients, furnish reports or present bills to clients, or in any manner conduct business for which a license is required under this chapter. All business of the licensee shall be conducted in the name of and under the control of the licensee.(i) A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee shall not knowingly and directly solicit employment from any person who has directly sustained bodily injury or from that persons spouse or other family member to obtain authorization on behalf of the injured person as an investigator to investigate the accident or act that resulted in injury or death to that person or damage to the property of that person. Nothing in this subdivision shall prohibit the soliciting of employment from that injured persons attorney, insurance company, self-insured administrator, insurance adjuster, employer, or any other person having an indirect interest in the investigation of the injury. This subdivision shall not apply to any business agent or attorney employed by a labor organization. A licensee, or officer, director, partner, manager, member, or qualified manager of a licensee shall not pay or compensate any of his or her employees or agents on the basis of a bonus, bounty, or quota system whereby a premium is placed on the number of employer or client rule violations or infractions purportedly discovered as a result of any investigation made by a licensee.(j) A licensee shall not use a fictitious business name in connection with the official activities of the licensees business, except as provided by the bureau.(k) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 30. Section 7539 of the Business and Professions Code, as added by Section 15 of Chapter 669 of the Statutes of 2014, is amended to read:7539. (a) Any licensee or officer, director, partner, or qualified manager of a licensee may divulge to any law enforcement officer or district attorney, or his or her representative, any information he or she may acquire as to any criminal offense, but he or she shall not divulge to any other person, except as otherwise required by law, any information acquired by him or her except at the direction of the employer or client for whom the information was obtained.(b) A licensee or officer, director, partner, qualified manager, or employee of a licensee shall not knowingly make any false report to his or her employer or client for whom information was being obtained.(c) A written report shall not be submitted to a client except by the licensee, qualified manager, or a person authorized by one or either of them, and the person submitting the report shall exercise diligence in ascertaining whether or not the facts and information in the report are true and correct.(d) A licensee, or officer, director, partner, qualified manager, or employee of a licensee shall not use a badge in connection with the official activities of the licensees business.(e) A licensee, or officer, director, partner, qualified manager, or employee of a licensee, shall not use a title, or wear a uniform, or use an insignia, or use an identification card, or make any statement with the intent to give an impression that he or she is connected in any way with the federal government, a state government, or any political subdivision of a state government.(f) A licensee, or officer, partner, qualified manager, or employee of a licensee shall not use any identification to indicate that he or she is licensed as a private investigator other than the official identification card issued by the bureau or the business card regularly used by the business. However, a licensee may issue an employer identification card.(g) A licensee, or officer, director, partner, qualified manager, or employee of a licensee, shall not enter any private building or portion thereof, except premises commonly accessible to the public, without the consent of the owner or of the person in legal possession thereof.(h) A licensee shall not permit an employee or agent in his or her own name to advertise, engage clients, furnish reports or present bills to clients, or in any manner conduct business for which a license is required under this chapter. All business of the licensee shall be conducted in the name of and under the control of the licensee.(i) A licensee, officer, director, partner, qualified manager, or employee of a licensee shall not knowingly and directly solicit employment from any person who has directly sustained bodily injury or from that persons spouse or other family member to obtain authorization on behalf of the injured person as an investigator to investigate the accident or act that resulted in injury or death to that person or damage to the property of that person. Nothing in this subdivision shall prohibit the soliciting of employment from that injured persons attorney, insurance company, self-insured administrator, insurance adjuster, employer, or any other person having an indirect interest in the investigation of the injury. This subdivision shall not apply to any business agent or attorney employed by a labor organization. A licensee, officer, director, partner, or qualified manager of a licensee shall not pay or compensate any of his or her employees or agents on the basis of a bonus, bounty, or quota system whereby a premium is placed on the number of employer or client rule violations or infractions purportedly discovered as a result of any investigation made by a licensee.(j) A licensee shall not use a fictitious business name in connection with the official activities of the licensees business, except as provided by the bureau.(k) This section shall become operative on January 1, 2021.SEC. 31. Section 7541 of the Business and Professions Code is amended to read:7541. (a) Except as otherwise provided by this section, an applicant, or his or her manager, for a license as a private investigator shall have had at least three years experience in investigation work. One years experience shall consist of not less than 2,000 hours of actual compensated work performed by each applicant preceding the filing of an application.(1) An applicant who holds a law degree or bachelors degree in police science, criminal justice, criminal law, or the equivalent thereof from an accredited college shall be credited with 2,000 hours of experience in investigation work.(2) An applicant who holds an associate degree in police science, criminal justice, criminal law, or the equivalent thereof from an accredited college shall be credited with 1,000 hours of experience in investigation work.(3) The total amount of time credited to an applicant for degrees described in this subdivision shall not exceed 2,000 hours of experience in investigation work.(b) An applicant shall substantiate the claimed years of qualifying experience and the exact details as to the character and nature thereof by written certifications from the employer or qualified manager, subject to independent verification by the director as he or she may determine.(1) Notwithstanding any other law, only an employer, qualified manager, or his or her designated agent may certify experience for purposes of this section.(2) For purposes of this section, the term employer shall mean only those persons, corporations, partnerships, proprietorships, or other associations which, in the employ of the designated individual, regularly and routinely withheld income taxes and other payroll deductions for direct forwarding to governmental taxing authorities.(3) For the purposes of this section, the term qualified manager shall mean only a manager who has qualified pursuant to Section 7536, who has directly overseen the work and experience of the applicant, and is under an employment or contractual arrangement to provide primary supervision of the applicant.(c) An employer who is a licensee or qualified manager shall respond in writing within 30 days to an applicants written request for certifications of the applicants work experience as an employee and either provide the certifications or the reasons for denial. If the applicant notifies the director in writing, under penalty of perjury, that the applicant is unable to obtain the required written response from a licensee or qualified manager, or provides the licensees or qualified managers written denial and states, under penalty of perjury, that the licensees or qualified managers reasons for denial are invalid or insufficient and the director concurs, the director may require the licensee or qualified manager to provide the bureau with all relevant employment records maintained pursuant to Section 7531.5 regarding the applicant for evaluation in substantiating the applicants employment experience.SEC. 32. Section 7541.1 of the Business and Professions Code is amended to read:7541.1. (a) Notwithstanding any other law, experience for purposes of taking the examination for licensure as a private investigator shall be limited to those activities actually performed in connection with investigations, as defined in Section 7521, and only if those activities are performed by persons who are employed or managed in the following capacities:(1) Sworn law enforcement officers possessing powers of arrest and employed by agencies in the federal, state, or local government.(2) Military police of the Armed Forces of the United States or the National Guard.(3) An insurance adjuster or their employees subject to Chapter 1 (commencing with Section 14000) of Division 5 of the Insurance Code.(4) Persons employed by a private investigator who are duly licensed in accordance with this chapter, or managed by a qualified manager in accordance with Section 7536.(5) Persons employed by repossessors duly licensed in accordance with Chapter 11 (commencing with Section 7500), only to the extent that those persons are routinely and regularly engaged in the location of debtors or the location of personal property utilizing methods commonly known as skip tracing. For purposes of this section, only that experience acquired in that skip tracing shall be credited toward qualification to take the examination.(6) Persons duly trained and certified as an arson investigator and employed by a public agency engaged in fire suppression.(7) Persons trained as investigators and employed by a public defender to conduct investigations.(8) (A) Persons trained as investigative reporters and employed by a media source, as defined in Section 1070 of the Evidence Code, whose investigative journalism experience is comprised of conducting primary investigations and producing investigative projects.(B) For purposes of this paragraph primary investigation means original and in-depth research and analysis involving multiple sources, including, but not limited to, public records, databases, archives, published and unpublished documents, witnesses, informers, whistleblowers, public officials, and experts, to produce investigative projects. (b) The following activities shall not be deemed to constitute acts of investigation for purposes of experience toward licensure:(1) The serving of legal process or other documents.(2) Activities relating to the search for heirs or similar searches which involve only a search of public records or other reference sources in the public domain.(3) The transportation or custodial attendance of persons in the physical custody of a law enforcement agency.(4) The provision of bailiff or other security services to a court of law.(5) The collection or attempted collection of debts by telephone or written solicitation after the debtor has been located.(6) The repossession or attempted repossession of personal property after that property has been located and identified.(c) Where the activities of employment of an applicant include those which qualify as bona fide experience as stated in this section as well as those which do not qualify, the director may, by delegation to the bureau, determine and apportion that percentage of experience for which any applicant is entitled to credit.SEC. 33. Section 7561.1 of the Business and Professions Code is amended to read:7561.1. The director may deny, suspend, or revoke a license issued under this chapter if he or she determines that the licensee or his or her qualified manager, if an individual, or if the licensee is a person other than an individual, that any of its officers, directors, partners, members, managers, or qualified manager, has:(a) Made any false statement or given any false information in connection with an application for a license or a renewal or reinstatement of a license.(b) Violated any provisions of this chapter.(c) Violated any rule of the director adopted pursuant to the authority contained in this chapter.(d) Been convicted of any act or crime constituting grounds for denial of licensure under Section 480, including illegally using, carrying, or possessing a deadly weapon.(e) Impersonated, or permitted or aided and abetted an employee to impersonate a law enforcement officer or employee of the United States of America, or of any state or political subdivision thereof.(f) Committed or permitted any employee to commit any act, while the license was expired which would be cause for the suspension or revocation of a license, or grounds for the denial of an application for a license.(g) Willfully failed or refused to render to a client services or a report as agreed between the parties and for which compensation has been paid or tendered in accordance with the agreement of the parties.(h) Committed assault, battery, or kidnapping, or using force or violence on any person, without proper justification.(i) Knowingly violated, or advised, encouraged, or assisted the violation of any court order or injunction in the course of business as a licensee.(j) Acted as a runner or capper for any attorney.(k) Been convicted of a violation of Section 148 of the Penal Code.(l) Committed any act which is a ground for denial of an application for a license under this chapter.(m) Committed any act prohibited by Chapter 1.5 (commencing with Section 630) of Title 15 of Part 1 of the Penal Code.(n) Purchased, possessed, or transported any tear gas weapon except as authorized by law. A violation of this subdivision may be punished by the suspension of a license for a period to be determined by the director.(o) Been convicted of a violation of Section 95.3 of the Penal Code.SEC. 34. Section 7561.3 of the Business and Professions Code is amended to read:7561.3. The director may suspend or revoke a license issued under this chapter if he or she determines that the licensee or his or her qualified manager, if an individual, or if the licensee is a person other than an individual, that any of its officers, directors, partners, members, managers, or qualified manager, has:(a) Used any letterhead, advertisement, or other printed matter, or in any manner whatever represented that he or she is an instrumentality of the federal government, a state, or any political subdivision thereof.(b) Used a name different from that under which he or she is currently licensed in any advertisement, solicitation, or contract for business.SEC. 35. Section 7561.4 of the Business and Professions Code is amended to read:7561.4. The director may suspend or revoke a license issued under this chapter if he or she determines that the licensee or his or her qualified manager, if an individual, or if the licensee is a person other than an individual, that any of its officers, directors, partners, members, managers, or qualified manager, has committed any act in the course of the licensees business constituting dishonesty or fraud.Dishonesty or fraud as used in this section, includes, in addition to other acts not specifically enumerated herein:(a) Knowingly making a false statement relating to evidence or information obtained in the course of employment, or knowingly publishing a slander or a libel in the course of business.(b) Using illegal means in the collection or attempted collection of a debt or obligation.(c) Manufacture of evidence.(d) Acceptance of employment adverse to a client or former client relating to a matter with respect to which the licensee has obtained confidential information by reason of or in the course of his or her employment by the client or former client.SEC. 36. Section 7570 of the Business and Professions Code, as amended by Section 17 of Chapter 800 of the Statutes of 2016, is amended to read:7570. The fees prescribed by this chapter are as follows:(a) The application and examination fee for an original license shall not exceed fifty dollars ($50).(b) The application fee for an original branch office certificate shall not exceed thirty dollars ($30).(c) The fee for an original license for a private investigator shall not exceed one hundred seventy-five dollars ($175).(d) The renewal fee is as follows:(1) For a license as a private investigator, the fee shall not exceed one hundred twenty-five dollars ($125).(2) For a branch office certificate for a private investigator, the fee shall not exceed thirty dollars ($30).(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 qualified manager shall not exceed fifteen dollars ($15).(h) The processing fee for the assignment of a license pursuant to Section 7530 shall not exceed one hundred twenty-five dollars ($125).(i) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 37. Section 7570 of the Business and Professions Code, as amended by Section 18 of Chapter 800 of the Statutes of 2016, is amended to read:7570. The fees prescribed by this chapter are as follows:(a) The application and examination fee for an original license shall not exceed fifty dollars ($50).(b) The application fee for an original branch office certificate shall not exceed thirty dollars ($30).(c) The fee for an original license for a private investigator shall not exceed one hundred seventy-five dollars ($175).(d) The renewal fee is as follows:(1) For a license as a private investigator, the fee shall not exceed one hundred twenty-five dollars ($125).(2) For a branch office certificate for a private investigator, the fee shall not exceed thirty dollars ($30).(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 qualified manager shall not exceed fifteen dollars ($15).(h) This section shall become operative on January 1, 2021.
3955
4056 The people of the State of California do enact as follows:
4157
4258 ## The people of the State of California do enact as follows:
4359
4460 SECTION 1. Section 7512.3 of the Business and Professions Code, as amended by Section 1 of Chapter 669 of the Statutes of 2014, is amended to read:7512.3. (a) As used in this chapter, person includes any individual, firm, company, limited liability company, association, organization, partnership, and corporation.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
4561
4662 SECTION 1. Section 7512.3 of the Business and Professions Code, as amended by Section 1 of Chapter 669 of the Statutes of 2014, is amended to read:
4763
4864 ### SECTION 1.
4965
5066 7512.3. (a) As used in this chapter, person includes any individual, firm, company, limited liability company, association, organization, partnership, and corporation.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
5167
5268 7512.3. (a) As used in this chapter, person includes any individual, firm, company, limited liability company, association, organization, partnership, and corporation.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
5369
5470 7512.3. (a) As used in this chapter, person includes any individual, firm, company, limited liability company, association, organization, partnership, and corporation.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
5571
5672
5773
5874 7512.3. (a) As used in this chapter, person includes any individual, firm, company, limited liability company, association, organization, partnership, and corporation.
5975
6076 (b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
6177
6278 SEC. 2. Section 7512.3 of the Business and Professions Code, as added by Section 2 of Chapter 669 of the Statutes of 2014, is amended to read:7512.3. (a) As used in this chapter, person includes any individual, firm, company, association, organization, partnership, and corporation.(b) This section shall become operative on January 1, 2021.
6379
6480 SEC. 2. Section 7512.3 of the Business and Professions Code, as added by Section 2 of Chapter 669 of the Statutes of 2014, is amended to read:
6581
6682 ### SEC. 2.
6783
6884 7512.3. (a) As used in this chapter, person includes any individual, firm, company, association, organization, partnership, and corporation.(b) This section shall become operative on January 1, 2021.
6985
7086 7512.3. (a) As used in this chapter, person includes any individual, firm, company, association, organization, partnership, and corporation.(b) This section shall become operative on January 1, 2021.
7187
7288 7512.3. (a) As used in this chapter, person includes any individual, firm, company, association, organization, partnership, and corporation.(b) This section shall become operative on January 1, 2021.
7389
7490
7591
7692 7512.3. (a) As used in this chapter, person includes any individual, firm, company, association, organization, partnership, and corporation.
7793
7894 (b) This section shall become operative on January 1, 2021.
7995
8096 SEC. 3. Section 7512.7 of the Business and Professions Code is amended to read:7512.7. As used in this chapter, qualified manager means the individual under whose direction, control, charge, or management the business of a licensee is operated as specified in Section 7536.
8197
8298 SEC. 3. Section 7512.7 of the Business and Professions Code is amended to read:
8399
84100 ### SEC. 3.
85101
86102 7512.7. As used in this chapter, qualified manager means the individual under whose direction, control, charge, or management the business of a licensee is operated as specified in Section 7536.
87103
88104 7512.7. As used in this chapter, qualified manager means the individual under whose direction, control, charge, or management the business of a licensee is operated as specified in Section 7536.
89105
90106 7512.7. As used in this chapter, qualified manager means the individual under whose direction, control, charge, or management the business of a licensee is operated as specified in Section 7536.
91107
92108
93109
94110 7512.7. As used in this chapter, qualified manager means the individual under whose direction, control, charge, or management the business of a licensee is operated as specified in Section 7536.
95111
96112 SEC. 4. Section 7512.14 is added to the Business and Professions Code, to read:7512.14. (a) As used in this chapter, member means an individual who is a member of a limited liability company as specified in Section 17704.01 of the Corporations Code.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
97113
98114 SEC. 4. Section 7512.14 is added to the Business and Professions Code, to read:
99115
100116 ### SEC. 4.
101117
102118 7512.14. (a) As used in this chapter, member means an individual who is a member of a limited liability company as specified in Section 17704.01 of the Corporations Code.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
103119
104120 7512.14. (a) As used in this chapter, member means an individual who is a member of a limited liability company as specified in Section 17704.01 of the Corporations Code.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
105121
106122 7512.14. (a) As used in this chapter, member means an individual who is a member of a limited liability company as specified in Section 17704.01 of the Corporations Code.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
107123
108124
109125
110126 7512.14. (a) As used in this chapter, member means an individual who is a member of a limited liability company as specified in Section 17704.01 of the Corporations Code.
111127
112128 (b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
113129
114130 SEC. 5. Section 7512.15 is added to the Business and Professions Code, to read:7512.15. (a) As used in this chapter, manager means an individual designated under an operating agreement of a manager-managed limited liability company who is responsible for performing the management functions for the limited liability company specified in subdivision (c) of Section 17704.07 of the Corporations Code.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
115131
116132 SEC. 5. Section 7512.15 is added to the Business and Professions Code, to read:
117133
118134 ### SEC. 5.
119135
120136 7512.15. (a) As used in this chapter, manager means an individual designated under an operating agreement of a manager-managed limited liability company who is responsible for performing the management functions for the limited liability company specified in subdivision (c) of Section 17704.07 of the Corporations Code.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
121137
122138 7512.15. (a) As used in this chapter, manager means an individual designated under an operating agreement of a manager-managed limited liability company who is responsible for performing the management functions for the limited liability company specified in subdivision (c) of Section 17704.07 of the Corporations Code.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
123139
124140 7512.15. (a) As used in this chapter, manager means an individual designated under an operating agreement of a manager-managed limited liability company who is responsible for performing the management functions for the limited liability company specified in subdivision (c) of Section 17704.07 of the Corporations Code.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
125141
126142
127143
128144 7512.15. (a) As used in this chapter, manager means an individual designated under an operating agreement of a manager-managed limited liability company who is responsible for performing the management functions for the limited liability company specified in subdivision (c) of Section 17704.07 of the Corporations Code.
129145
130146 (b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
131147
132148 SEC. 6. Section 7515 of the Business and Professions Code is amended to read:7515. The director may adopt and enforce reasonable rules, as follows:(a) Fixing the qualifications of licensees and qualified managers, in addition to those prescribed in this chapter, necessary to promote and protect the public welfare.(b) Carrying out generally the provisions of this chapter, including regulation of the conduct of licensees.
133149
134150 SEC. 6. Section 7515 of the Business and Professions Code is amended to read:
135151
136152 ### SEC. 6.
137153
138154 7515. The director may adopt and enforce reasonable rules, as follows:(a) Fixing the qualifications of licensees and qualified managers, in addition to those prescribed in this chapter, necessary to promote and protect the public welfare.(b) Carrying out generally the provisions of this chapter, including regulation of the conduct of licensees.
139155
140156 7515. The director may adopt and enforce reasonable rules, as follows:(a) Fixing the qualifications of licensees and qualified managers, in addition to those prescribed in this chapter, necessary to promote and protect the public welfare.(b) Carrying out generally the provisions of this chapter, including regulation of the conduct of licensees.
141157
142158 7515. The director may adopt and enforce reasonable rules, as follows:(a) Fixing the qualifications of licensees and qualified managers, in addition to those prescribed in this chapter, necessary to promote and protect the public welfare.(b) Carrying out generally the provisions of this chapter, including regulation of the conduct of licensees.
143159
144160
145161
146162 7515. The director may adopt and enforce reasonable rules, as follows:
147163
148164 (a) Fixing the qualifications of licensees and qualified managers, in addition to those prescribed in this chapter, necessary to promote and protect the public welfare.
149165
150166 (b) Carrying out generally the provisions of this chapter, including regulation of the conduct of licensees.
151167
152168 SEC. 7. Section 7518 of the Business and Professions Code is amended to read:7518. Where a hearing is held under this chapter to determine whether an application for a license should be granted or to determine the qualifications of a licensees qualified manager, the proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the director shall have all of the powers granted therein.
153169
154170 SEC. 7. Section 7518 of the Business and Professions Code is amended to read:
155171
156172 ### SEC. 7.
157173
158174 7518. Where a hearing is held under this chapter to determine whether an application for a license should be granted or to determine the qualifications of a licensees qualified manager, the proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the director shall have all of the powers granted therein.
159175
160176 7518. Where a hearing is held under this chapter to determine whether an application for a license should be granted or to determine the qualifications of a licensees qualified manager, the proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the director shall have all of the powers granted therein.
161177
162178 7518. Where a hearing is held under this chapter to determine whether an application for a license should be granted or to determine the qualifications of a licensees qualified manager, the proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the director shall have all of the powers granted therein.
163179
164180
165181
166182 7518. Where a hearing is held under this chapter to determine whether an application for a license should be granted or to determine the qualifications of a licensees qualified manager, the proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the director shall have all of the powers granted therein.
167183
168184 SEC. 8. Section 7520.3 of the Business and Professions Code is amended to read:7520.3. (a) As a condition of the issuance, reinstatement, reactivation, or continued valid use of a license under this chapter, a limited liability company shall, in accordance with this section, maintain a policy or policies of insurance against liability imposed on or against it by law for damages arising out of claims based upon acts, errors, or omissions arising out of the private investigator services it provides.(b) The total aggregate limit of liability under the policy or policies of insurance required under this section shall be as follows:(1) For a limited liability company licensee with five or fewer persons named as members pursuant to subdivision (i) of Section 7525.1, the aggregate limit shall not be less than one million dollars ($1,000,000).(2) For a limited liability company licensee with more than five persons named as members pursuant to subdivision (i) of Section 7525.1, an additional one hundred thousand dollars ($100,000) of insurance shall be obtained for each person named as members of the licensee except that the maximum amount of insurance is not required to exceed five million dollars ($5,000,000) in any one designated period, less amounts paid in defending, settling, or discharging claims as set forth under this section.(c) Prior to the issuance, reinstatement, or reactivation of a limited liability company license as provided under this chapter, the applicant or licensee shall, in the manner prescribed by the bureau, submit the information and documentation required by this section and requested by the bureau, demonstrating compliance with the financial security requirements specified by this section.(d) For any insurance policy secured by a licensee in satisfaction of this section, a Certificate of Liability Insurance, signed by an authorized agent or employee of the insurer, shall be submitted electronically or otherwise to the bureau. The insurer issuing the certificate shall report to the bureau the following information for any policy required under this section: name, license number, policy number, dates that coverage is scheduled to commence and lapse, and cancellation date if applicable. The insurer shall list the bureau as the certificate holder for the purposes of receiving notifications related to the policys status.(e) (1) If a licensee fails to maintain sufficient insurance as required by this section, or fails to provide proof of the required insurance upon request by the bureau, the license is subject to suspension and shall be automatically suspended pursuant to this subdivision until the date that the licensee provides proof to the bureau of compliance with the insurance coverage requirement.(2) Prior to an automatic suspension, the bureau shall notify the licensee, in writing, that it has 30 days to provide proof to the bureau of having the required insurance or the license shall be automatically suspended.(3) If the licensee fails to provide proof of insurance coverage within this period, the bureau may automatically suspend the license.(f) If the license of a limited liability company is suspended pursuant to subdivision (e), each member of the limited liability company shall be personally liable up to one million dollars ($1,000,000) each for damages resulting to third parties in connection with the companys performance, during the period of suspension, of any act or contract when a license is required by this chapter.(g) On and after July 1, 2018, a licensee organized as a limited liability company shall report a paid or pending claim against its liability insurance to the bureau, which shall post a notice of the claim on the Department of Consumer Affairs BreEZe License Verification Internet Web page. (h) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
169185
170186 SEC. 8. Section 7520.3 of the Business and Professions Code is amended to read:
171187
172188 ### SEC. 8.
173189
174190 7520.3. (a) As a condition of the issuance, reinstatement, reactivation, or continued valid use of a license under this chapter, a limited liability company shall, in accordance with this section, maintain a policy or policies of insurance against liability imposed on or against it by law for damages arising out of claims based upon acts, errors, or omissions arising out of the private investigator services it provides.(b) The total aggregate limit of liability under the policy or policies of insurance required under this section shall be as follows:(1) For a limited liability company licensee with five or fewer persons named as members pursuant to subdivision (i) of Section 7525.1, the aggregate limit shall not be less than one million dollars ($1,000,000).(2) For a limited liability company licensee with more than five persons named as members pursuant to subdivision (i) of Section 7525.1, an additional one hundred thousand dollars ($100,000) of insurance shall be obtained for each person named as members of the licensee except that the maximum amount of insurance is not required to exceed five million dollars ($5,000,000) in any one designated period, less amounts paid in defending, settling, or discharging claims as set forth under this section.(c) Prior to the issuance, reinstatement, or reactivation of a limited liability company license as provided under this chapter, the applicant or licensee shall, in the manner prescribed by the bureau, submit the information and documentation required by this section and requested by the bureau, demonstrating compliance with the financial security requirements specified by this section.(d) For any insurance policy secured by a licensee in satisfaction of this section, a Certificate of Liability Insurance, signed by an authorized agent or employee of the insurer, shall be submitted electronically or otherwise to the bureau. The insurer issuing the certificate shall report to the bureau the following information for any policy required under this section: name, license number, policy number, dates that coverage is scheduled to commence and lapse, and cancellation date if applicable. The insurer shall list the bureau as the certificate holder for the purposes of receiving notifications related to the policys status.(e) (1) If a licensee fails to maintain sufficient insurance as required by this section, or fails to provide proof of the required insurance upon request by the bureau, the license is subject to suspension and shall be automatically suspended pursuant to this subdivision until the date that the licensee provides proof to the bureau of compliance with the insurance coverage requirement.(2) Prior to an automatic suspension, the bureau shall notify the licensee, in writing, that it has 30 days to provide proof to the bureau of having the required insurance or the license shall be automatically suspended.(3) If the licensee fails to provide proof of insurance coverage within this period, the bureau may automatically suspend the license.(f) If the license of a limited liability company is suspended pursuant to subdivision (e), each member of the limited liability company shall be personally liable up to one million dollars ($1,000,000) each for damages resulting to third parties in connection with the companys performance, during the period of suspension, of any act or contract when a license is required by this chapter.(g) On and after July 1, 2018, a licensee organized as a limited liability company shall report a paid or pending claim against its liability insurance to the bureau, which shall post a notice of the claim on the Department of Consumer Affairs BreEZe License Verification Internet Web page. (h) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
175191
176192 7520.3. (a) As a condition of the issuance, reinstatement, reactivation, or continued valid use of a license under this chapter, a limited liability company shall, in accordance with this section, maintain a policy or policies of insurance against liability imposed on or against it by law for damages arising out of claims based upon acts, errors, or omissions arising out of the private investigator services it provides.(b) The total aggregate limit of liability under the policy or policies of insurance required under this section shall be as follows:(1) For a limited liability company licensee with five or fewer persons named as members pursuant to subdivision (i) of Section 7525.1, the aggregate limit shall not be less than one million dollars ($1,000,000).(2) For a limited liability company licensee with more than five persons named as members pursuant to subdivision (i) of Section 7525.1, an additional one hundred thousand dollars ($100,000) of insurance shall be obtained for each person named as members of the licensee except that the maximum amount of insurance is not required to exceed five million dollars ($5,000,000) in any one designated period, less amounts paid in defending, settling, or discharging claims as set forth under this section.(c) Prior to the issuance, reinstatement, or reactivation of a limited liability company license as provided under this chapter, the applicant or licensee shall, in the manner prescribed by the bureau, submit the information and documentation required by this section and requested by the bureau, demonstrating compliance with the financial security requirements specified by this section.(d) For any insurance policy secured by a licensee in satisfaction of this section, a Certificate of Liability Insurance, signed by an authorized agent or employee of the insurer, shall be submitted electronically or otherwise to the bureau. The insurer issuing the certificate shall report to the bureau the following information for any policy required under this section: name, license number, policy number, dates that coverage is scheduled to commence and lapse, and cancellation date if applicable. The insurer shall list the bureau as the certificate holder for the purposes of receiving notifications related to the policys status.(e) (1) If a licensee fails to maintain sufficient insurance as required by this section, or fails to provide proof of the required insurance upon request by the bureau, the license is subject to suspension and shall be automatically suspended pursuant to this subdivision until the date that the licensee provides proof to the bureau of compliance with the insurance coverage requirement.(2) Prior to an automatic suspension, the bureau shall notify the licensee, in writing, that it has 30 days to provide proof to the bureau of having the required insurance or the license shall be automatically suspended.(3) If the licensee fails to provide proof of insurance coverage within this period, the bureau may automatically suspend the license.(f) If the license of a limited liability company is suspended pursuant to subdivision (e), each member of the limited liability company shall be personally liable up to one million dollars ($1,000,000) each for damages resulting to third parties in connection with the companys performance, during the period of suspension, of any act or contract when a license is required by this chapter.(g) On and after July 1, 2018, a licensee organized as a limited liability company shall report a paid or pending claim against its liability insurance to the bureau, which shall post a notice of the claim on the Department of Consumer Affairs BreEZe License Verification Internet Web page. (h) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
177193
178194 7520.3. (a) As a condition of the issuance, reinstatement, reactivation, or continued valid use of a license under this chapter, a limited liability company shall, in accordance with this section, maintain a policy or policies of insurance against liability imposed on or against it by law for damages arising out of claims based upon acts, errors, or omissions arising out of the private investigator services it provides.(b) The total aggregate limit of liability under the policy or policies of insurance required under this section shall be as follows:(1) For a limited liability company licensee with five or fewer persons named as members pursuant to subdivision (i) of Section 7525.1, the aggregate limit shall not be less than one million dollars ($1,000,000).(2) For a limited liability company licensee with more than five persons named as members pursuant to subdivision (i) of Section 7525.1, an additional one hundred thousand dollars ($100,000) of insurance shall be obtained for each person named as members of the licensee except that the maximum amount of insurance is not required to exceed five million dollars ($5,000,000) in any one designated period, less amounts paid in defending, settling, or discharging claims as set forth under this section.(c) Prior to the issuance, reinstatement, or reactivation of a limited liability company license as provided under this chapter, the applicant or licensee shall, in the manner prescribed by the bureau, submit the information and documentation required by this section and requested by the bureau, demonstrating compliance with the financial security requirements specified by this section.(d) For any insurance policy secured by a licensee in satisfaction of this section, a Certificate of Liability Insurance, signed by an authorized agent or employee of the insurer, shall be submitted electronically or otherwise to the bureau. The insurer issuing the certificate shall report to the bureau the following information for any policy required under this section: name, license number, policy number, dates that coverage is scheduled to commence and lapse, and cancellation date if applicable. The insurer shall list the bureau as the certificate holder for the purposes of receiving notifications related to the policys status.(e) (1) If a licensee fails to maintain sufficient insurance as required by this section, or fails to provide proof of the required insurance upon request by the bureau, the license is subject to suspension and shall be automatically suspended pursuant to this subdivision until the date that the licensee provides proof to the bureau of compliance with the insurance coverage requirement.(2) Prior to an automatic suspension, the bureau shall notify the licensee, in writing, that it has 30 days to provide proof to the bureau of having the required insurance or the license shall be automatically suspended.(3) If the licensee fails to provide proof of insurance coverage within this period, the bureau may automatically suspend the license.(f) If the license of a limited liability company is suspended pursuant to subdivision (e), each member of the limited liability company shall be personally liable up to one million dollars ($1,000,000) each for damages resulting to third parties in connection with the companys performance, during the period of suspension, of any act or contract when a license is required by this chapter.(g) On and after July 1, 2018, a licensee organized as a limited liability company shall report a paid or pending claim against its liability insurance to the bureau, which shall post a notice of the claim on the Department of Consumer Affairs BreEZe License Verification Internet Web page. (h) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
179195
180196
181197
182198 7520.3. (a) As a condition of the issuance, reinstatement, reactivation, or continued valid use of a license under this chapter, a limited liability company shall, in accordance with this section, maintain a policy or policies of insurance against liability imposed on or against it by law for damages arising out of claims based upon acts, errors, or omissions arising out of the private investigator services it provides.
183199
184200 (b) The total aggregate limit of liability under the policy or policies of insurance required under this section shall be as follows:
185201
186202 (1) For a limited liability company licensee with five or fewer persons named as members pursuant to subdivision (i) of Section 7525.1, the aggregate limit shall not be less than one million dollars ($1,000,000).
187203
188204 (2) For a limited liability company licensee with more than five persons named as members pursuant to subdivision (i) of Section 7525.1, an additional one hundred thousand dollars ($100,000) of insurance shall be obtained for each person named as members of the licensee except that the maximum amount of insurance is not required to exceed five million dollars ($5,000,000) in any one designated period, less amounts paid in defending, settling, or discharging claims as set forth under this section.
189205
190206 (c) Prior to the issuance, reinstatement, or reactivation of a limited liability company license as provided under this chapter, the applicant or licensee shall, in the manner prescribed by the bureau, submit the information and documentation required by this section and requested by the bureau, demonstrating compliance with the financial security requirements specified by this section.
191207
192208 (d) For any insurance policy secured by a licensee in satisfaction of this section, a Certificate of Liability Insurance, signed by an authorized agent or employee of the insurer, shall be submitted electronically or otherwise to the bureau. The insurer issuing the certificate shall report to the bureau the following information for any policy required under this section: name, license number, policy number, dates that coverage is scheduled to commence and lapse, and cancellation date if applicable. The insurer shall list the bureau as the certificate holder for the purposes of receiving notifications related to the policys status.
193209
194210 (e) (1) If a licensee fails to maintain sufficient insurance as required by this section, or fails to provide proof of the required insurance upon request by the bureau, the license is subject to suspension and shall be automatically suspended pursuant to this subdivision until the date that the licensee provides proof to the bureau of compliance with the insurance coverage requirement.
195211
196212 (2) Prior to an automatic suspension, the bureau shall notify the licensee, in writing, that it has 30 days to provide proof to the bureau of having the required insurance or the license shall be automatically suspended.
197213
198214 (3) If the licensee fails to provide proof of insurance coverage within this period, the bureau may automatically suspend the license.
199215
200216 (f) If the license of a limited liability company is suspended pursuant to subdivision (e), each member of the limited liability company shall be personally liable up to one million dollars ($1,000,000) each for damages resulting to third parties in connection with the companys performance, during the period of suspension, of any act or contract when a license is required by this chapter.
201217
202218 (g) On and after July 1, 2018, a licensee organized as a limited liability company shall report a paid or pending claim against its liability insurance to the bureau, which shall post a notice of the claim on the Department of Consumer Affairs BreEZe License Verification Internet Web page.
203219
204220 (h) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
205221
206222 SEC. 9. Section 7521 of the Business and Professions Code is amended to read:7521. A private investigator within the meaning of this chapter is a person, other than an insurance adjuster subject to the provisions of Chapter 1 (commencing with Section 14000) of Division 5 of the Insurance Code, who, for any consideration whatsoever engages in business or accepts employment to furnish or agrees to furnish any person to protect persons pursuant to Section 7521.5, or engages in business or accepts employment to furnish, or agrees to make, or makes, any investigation for the purpose of obtaining, information with reference to:(a) Crime or wrongs done or threatened against the United States of America or any state or territory of the United States of America.(b) The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of any person.(c) The location, disposition, or recovery of lost or stolen property.(d) The cause or responsibility for fires, libels, losses, accidents, or damage or injury to persons or to property.(e) Securing evidence to be used before any court, board, officer, or investigating committee.For the purposes of this section, a private investigator is any person, as defined in Section 7512.3, acting for the purpose of investigating, obtaining, and reporting to any employer, or an agent designated by the employer, information concerning the employers employees involving questions of integrity, honesty, breach of rules, or other standards of performance of job duties.This section shall not apply to a public utility regulated by the State Public Utilities Commission, or its employees.
207223
208224 SEC. 9. Section 7521 of the Business and Professions Code is amended to read:
209225
210226 ### SEC. 9.
211227
212228 7521. A private investigator within the meaning of this chapter is a person, other than an insurance adjuster subject to the provisions of Chapter 1 (commencing with Section 14000) of Division 5 of the Insurance Code, who, for any consideration whatsoever engages in business or accepts employment to furnish or agrees to furnish any person to protect persons pursuant to Section 7521.5, or engages in business or accepts employment to furnish, or agrees to make, or makes, any investigation for the purpose of obtaining, information with reference to:(a) Crime or wrongs done or threatened against the United States of America or any state or territory of the United States of America.(b) The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of any person.(c) The location, disposition, or recovery of lost or stolen property.(d) The cause or responsibility for fires, libels, losses, accidents, or damage or injury to persons or to property.(e) Securing evidence to be used before any court, board, officer, or investigating committee.For the purposes of this section, a private investigator is any person, as defined in Section 7512.3, acting for the purpose of investigating, obtaining, and reporting to any employer, or an agent designated by the employer, information concerning the employers employees involving questions of integrity, honesty, breach of rules, or other standards of performance of job duties.This section shall not apply to a public utility regulated by the State Public Utilities Commission, or its employees.
213229
214230 7521. A private investigator within the meaning of this chapter is a person, other than an insurance adjuster subject to the provisions of Chapter 1 (commencing with Section 14000) of Division 5 of the Insurance Code, who, for any consideration whatsoever engages in business or accepts employment to furnish or agrees to furnish any person to protect persons pursuant to Section 7521.5, or engages in business or accepts employment to furnish, or agrees to make, or makes, any investigation for the purpose of obtaining, information with reference to:(a) Crime or wrongs done or threatened against the United States of America or any state or territory of the United States of America.(b) The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of any person.(c) The location, disposition, or recovery of lost or stolen property.(d) The cause or responsibility for fires, libels, losses, accidents, or damage or injury to persons or to property.(e) Securing evidence to be used before any court, board, officer, or investigating committee.For the purposes of this section, a private investigator is any person, as defined in Section 7512.3, acting for the purpose of investigating, obtaining, and reporting to any employer, or an agent designated by the employer, information concerning the employers employees involving questions of integrity, honesty, breach of rules, or other standards of performance of job duties.This section shall not apply to a public utility regulated by the State Public Utilities Commission, or its employees.
215231
216232 7521. A private investigator within the meaning of this chapter is a person, other than an insurance adjuster subject to the provisions of Chapter 1 (commencing with Section 14000) of Division 5 of the Insurance Code, who, for any consideration whatsoever engages in business or accepts employment to furnish or agrees to furnish any person to protect persons pursuant to Section 7521.5, or engages in business or accepts employment to furnish, or agrees to make, or makes, any investigation for the purpose of obtaining, information with reference to:(a) Crime or wrongs done or threatened against the United States of America or any state or territory of the United States of America.(b) The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of any person.(c) The location, disposition, or recovery of lost or stolen property.(d) The cause or responsibility for fires, libels, losses, accidents, or damage or injury to persons or to property.(e) Securing evidence to be used before any court, board, officer, or investigating committee.For the purposes of this section, a private investigator is any person, as defined in Section 7512.3, acting for the purpose of investigating, obtaining, and reporting to any employer, or an agent designated by the employer, information concerning the employers employees involving questions of integrity, honesty, breach of rules, or other standards of performance of job duties.This section shall not apply to a public utility regulated by the State Public Utilities Commission, or its employees.
217233
218234
219235
220236 7521. A private investigator within the meaning of this chapter is a person, other than an insurance adjuster subject to the provisions of Chapter 1 (commencing with Section 14000) of Division 5 of the Insurance Code, who, for any consideration whatsoever engages in business or accepts employment to furnish or agrees to furnish any person to protect persons pursuant to Section 7521.5, or engages in business or accepts employment to furnish, or agrees to make, or makes, any investigation for the purpose of obtaining, information with reference to:
221237
222238 (a) Crime or wrongs done or threatened against the United States of America or any state or territory of the United States of America.
223239
224240 (b) The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of any person.
225241
226242 (c) The location, disposition, or recovery of lost or stolen property.
227243
228244 (d) The cause or responsibility for fires, libels, losses, accidents, or damage or injury to persons or to property.
229245
230246 (e) Securing evidence to be used before any court, board, officer, or investigating committee.
231247
232248 For the purposes of this section, a private investigator is any person, as defined in Section 7512.3, acting for the purpose of investigating, obtaining, and reporting to any employer, or an agent designated by the employer, information concerning the employers employees involving questions of integrity, honesty, breach of rules, or other standards of performance of job duties.
233249
234250 This section shall not apply to a public utility regulated by the State Public Utilities Commission, or its employees.
235251
236252 SEC. 10. Section 7521.5 of the Business and Professions Code is amended to read:7521.5. (a) A private investigator may provide services to protect a person, but not property, which is incidental to an investigation for which the private investigator has been previously hired to perform.(b) If the private investigator provides those services, he or she shall comply with the requirements of Article 4 (commencing with Section 7540), as those provisions relate to the carrying of firearms and the receipt of a valid firearms qualification card from the bureau.(c) If the private investigator provides those services, he or she shall comply with the requirements of Sections 7583.39, 7583.40, and 7583.41, as those provisions relate to the maintenance of an insurance policy.(d) If a person acts for, or on behalf of a private investigator in providing those services, that person shall be an employee of the private investigator, as defined by Section 7512.11, and there shall be an employer-employee relationship, as defined in Section 7512.12, and that person shall comply with the requirements of this section, except as provided in subdivisions (b) and (c).
237253
238254 SEC. 10. Section 7521.5 of the Business and Professions Code is amended to read:
239255
240256 ### SEC. 10.
241257
242258 7521.5. (a) A private investigator may provide services to protect a person, but not property, which is incidental to an investigation for which the private investigator has been previously hired to perform.(b) If the private investigator provides those services, he or she shall comply with the requirements of Article 4 (commencing with Section 7540), as those provisions relate to the carrying of firearms and the receipt of a valid firearms qualification card from the bureau.(c) If the private investigator provides those services, he or she shall comply with the requirements of Sections 7583.39, 7583.40, and 7583.41, as those provisions relate to the maintenance of an insurance policy.(d) If a person acts for, or on behalf of a private investigator in providing those services, that person shall be an employee of the private investigator, as defined by Section 7512.11, and there shall be an employer-employee relationship, as defined in Section 7512.12, and that person shall comply with the requirements of this section, except as provided in subdivisions (b) and (c).
243259
244260 7521.5. (a) A private investigator may provide services to protect a person, but not property, which is incidental to an investigation for which the private investigator has been previously hired to perform.(b) If the private investigator provides those services, he or she shall comply with the requirements of Article 4 (commencing with Section 7540), as those provisions relate to the carrying of firearms and the receipt of a valid firearms qualification card from the bureau.(c) If the private investigator provides those services, he or she shall comply with the requirements of Sections 7583.39, 7583.40, and 7583.41, as those provisions relate to the maintenance of an insurance policy.(d) If a person acts for, or on behalf of a private investigator in providing those services, that person shall be an employee of the private investigator, as defined by Section 7512.11, and there shall be an employer-employee relationship, as defined in Section 7512.12, and that person shall comply with the requirements of this section, except as provided in subdivisions (b) and (c).
245261
246262 7521.5. (a) A private investigator may provide services to protect a person, but not property, which is incidental to an investigation for which the private investigator has been previously hired to perform.(b) If the private investigator provides those services, he or she shall comply with the requirements of Article 4 (commencing with Section 7540), as those provisions relate to the carrying of firearms and the receipt of a valid firearms qualification card from the bureau.(c) If the private investigator provides those services, he or she shall comply with the requirements of Sections 7583.39, 7583.40, and 7583.41, as those provisions relate to the maintenance of an insurance policy.(d) If a person acts for, or on behalf of a private investigator in providing those services, that person shall be an employee of the private investigator, as defined by Section 7512.11, and there shall be an employer-employee relationship, as defined in Section 7512.12, and that person shall comply with the requirements of this section, except as provided in subdivisions (b) and (c).
247263
248264
249265
250266 7521.5. (a) A private investigator may provide services to protect a person, but not property, which is incidental to an investigation for which the private investigator has been previously hired to perform.
251267
252268 (b) If the private investigator provides those services, he or she shall comply with the requirements of Article 4 (commencing with Section 7540), as those provisions relate to the carrying of firearms and the receipt of a valid firearms qualification card from the bureau.
253269
254270 (c) If the private investigator provides those services, he or she shall comply with the requirements of Sections 7583.39, 7583.40, and 7583.41, as those provisions relate to the maintenance of an insurance policy.
255271
256272 (d) If a person acts for, or on behalf of a private investigator in providing those services, that person shall be an employee of the private investigator, as defined by Section 7512.11, and there shall be an employer-employee relationship, as defined in Section 7512.12, and that person shall comply with the requirements of this section, except as provided in subdivisions (b) and (c).
257273
258274 SEC. 11. Section 7525.1 of the Business and Professions Code, as amended by Section 11 of Chapter 800 of the Statutes of 2016, is amended to read:7525.1. An application shall be verified and shall include:(a) The full name and business address of the applicant.(b) The name under which the applicant intends to do business.(c) A statement as to the general nature of the business in which the applicant intends to engage.(d) A verified statement of his or her experience qualifications.(e) (1) If the applicant is an individual, a qualified manager, a partner of a partnership, an officer of a corporation designated in subdivision (h), or a member, officer, or manager of a limited liability company designated in subdivision (i), one personal identification form provided by the bureau upon which shall appear a photograph taken within one year immediately preceding the date of the filing of the application together with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, on a form approved by the Department of Justice, and a personal description of each person, respectively. The identification form shall include residence addresses and employment history for the previous five years and be signed under penalty of perjury.(2) The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants, excluding those submitted into an electronic fingerprint system using electronic fingerprint technology.(f) In addition, if the applicant for a license is an individual, the application shall list all other names known as or used during the past 10 years and shall state that the applicant is to be personally and actively in charge of the business for which the license is sought. If any other qualified manager is to be actively in charge of the business, the application shall be subscribed, verified, and signed by the applicant, under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person under penalty of perjury.(g) If the applicants for a license are copartners, the application shall state the true names and addresses of all partners and the name of the partner to be actively in charge of the business for which the license is sought and list all other names known as or used during the past 10 years. If a qualified manager other than a partner is to be actively in charge of the business, then the application shall be subscribed, verified, and signed by all of the partners under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person, under penalty of perjury, under penalty of perjury by all of the partners and the qualified manager, or by all of the partners or the qualified manager.(h) If the applicant for a license is a corporation, the application shall state the true names and complete residence addresses of the chief executive officer, secretary, chief financial officer, and any other corporate officer who will be active in the business to be licensed. The application shall also state the name and address of the designated person to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by a duly authorized officer of the applicant and by the qualified manager thereof, under penalty of perjury.(i) If the applicant for a license is a limited liability company, the application shall state the true name and complete residence address of each member, manager, and any officer who will be active in the business to be licensed. A certified copy of the articles of organization, as filed by the Secretary of State, shall be supplied to the bureau upon request. In the case of a manager-managed limited liability company, the application shall be subscribed, verified, and signed by a manager; otherwise, in the case of a member-managed limited liability company, the application shall be subscribed, verified, and signed by a duly authorized member of the applicant and by the qualified manager thereof. The application shall also state whether any of the members, managers, officers, or the qualified manager has ever used an alias.(j) Any other information, evidence, statements, or documents as may be required by the director.(k) At the discretion of the applicant, a valid email address.(l) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
259275
260276 SEC. 11. Section 7525.1 of the Business and Professions Code, as amended by Section 11 of Chapter 800 of the Statutes of 2016, is amended to read:
261277
262278 ### SEC. 11.
263279
264280 7525.1. An application shall be verified and shall include:(a) The full name and business address of the applicant.(b) The name under which the applicant intends to do business.(c) A statement as to the general nature of the business in which the applicant intends to engage.(d) A verified statement of his or her experience qualifications.(e) (1) If the applicant is an individual, a qualified manager, a partner of a partnership, an officer of a corporation designated in subdivision (h), or a member, officer, or manager of a limited liability company designated in subdivision (i), one personal identification form provided by the bureau upon which shall appear a photograph taken within one year immediately preceding the date of the filing of the application together with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, on a form approved by the Department of Justice, and a personal description of each person, respectively. The identification form shall include residence addresses and employment history for the previous five years and be signed under penalty of perjury.(2) The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants, excluding those submitted into an electronic fingerprint system using electronic fingerprint technology.(f) In addition, if the applicant for a license is an individual, the application shall list all other names known as or used during the past 10 years and shall state that the applicant is to be personally and actively in charge of the business for which the license is sought. If any other qualified manager is to be actively in charge of the business, the application shall be subscribed, verified, and signed by the applicant, under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person under penalty of perjury.(g) If the applicants for a license are copartners, the application shall state the true names and addresses of all partners and the name of the partner to be actively in charge of the business for which the license is sought and list all other names known as or used during the past 10 years. If a qualified manager other than a partner is to be actively in charge of the business, then the application shall be subscribed, verified, and signed by all of the partners under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person, under penalty of perjury, under penalty of perjury by all of the partners and the qualified manager, or by all of the partners or the qualified manager.(h) If the applicant for a license is a corporation, the application shall state the true names and complete residence addresses of the chief executive officer, secretary, chief financial officer, and any other corporate officer who will be active in the business to be licensed. The application shall also state the name and address of the designated person to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by a duly authorized officer of the applicant and by the qualified manager thereof, under penalty of perjury.(i) If the applicant for a license is a limited liability company, the application shall state the true name and complete residence address of each member, manager, and any officer who will be active in the business to be licensed. A certified copy of the articles of organization, as filed by the Secretary of State, shall be supplied to the bureau upon request. In the case of a manager-managed limited liability company, the application shall be subscribed, verified, and signed by a manager; otherwise, in the case of a member-managed limited liability company, the application shall be subscribed, verified, and signed by a duly authorized member of the applicant and by the qualified manager thereof. The application shall also state whether any of the members, managers, officers, or the qualified manager has ever used an alias.(j) Any other information, evidence, statements, or documents as may be required by the director.(k) At the discretion of the applicant, a valid email address.(l) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
265281
266282 7525.1. An application shall be verified and shall include:(a) The full name and business address of the applicant.(b) The name under which the applicant intends to do business.(c) A statement as to the general nature of the business in which the applicant intends to engage.(d) A verified statement of his or her experience qualifications.(e) (1) If the applicant is an individual, a qualified manager, a partner of a partnership, an officer of a corporation designated in subdivision (h), or a member, officer, or manager of a limited liability company designated in subdivision (i), one personal identification form provided by the bureau upon which shall appear a photograph taken within one year immediately preceding the date of the filing of the application together with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, on a form approved by the Department of Justice, and a personal description of each person, respectively. The identification form shall include residence addresses and employment history for the previous five years and be signed under penalty of perjury.(2) The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants, excluding those submitted into an electronic fingerprint system using electronic fingerprint technology.(f) In addition, if the applicant for a license is an individual, the application shall list all other names known as or used during the past 10 years and shall state that the applicant is to be personally and actively in charge of the business for which the license is sought. If any other qualified manager is to be actively in charge of the business, the application shall be subscribed, verified, and signed by the applicant, under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person under penalty of perjury.(g) If the applicants for a license are copartners, the application shall state the true names and addresses of all partners and the name of the partner to be actively in charge of the business for which the license is sought and list all other names known as or used during the past 10 years. If a qualified manager other than a partner is to be actively in charge of the business, then the application shall be subscribed, verified, and signed by all of the partners under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person, under penalty of perjury, under penalty of perjury by all of the partners and the qualified manager, or by all of the partners or the qualified manager.(h) If the applicant for a license is a corporation, the application shall state the true names and complete residence addresses of the chief executive officer, secretary, chief financial officer, and any other corporate officer who will be active in the business to be licensed. The application shall also state the name and address of the designated person to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by a duly authorized officer of the applicant and by the qualified manager thereof, under penalty of perjury.(i) If the applicant for a license is a limited liability company, the application shall state the true name and complete residence address of each member, manager, and any officer who will be active in the business to be licensed. A certified copy of the articles of organization, as filed by the Secretary of State, shall be supplied to the bureau upon request. In the case of a manager-managed limited liability company, the application shall be subscribed, verified, and signed by a manager; otherwise, in the case of a member-managed limited liability company, the application shall be subscribed, verified, and signed by a duly authorized member of the applicant and by the qualified manager thereof. The application shall also state whether any of the members, managers, officers, or the qualified manager has ever used an alias.(j) Any other information, evidence, statements, or documents as may be required by the director.(k) At the discretion of the applicant, a valid email address.(l) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
267283
268284 7525.1. An application shall be verified and shall include:(a) The full name and business address of the applicant.(b) The name under which the applicant intends to do business.(c) A statement as to the general nature of the business in which the applicant intends to engage.(d) A verified statement of his or her experience qualifications.(e) (1) If the applicant is an individual, a qualified manager, a partner of a partnership, an officer of a corporation designated in subdivision (h), or a member, officer, or manager of a limited liability company designated in subdivision (i), one personal identification form provided by the bureau upon which shall appear a photograph taken within one year immediately preceding the date of the filing of the application together with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, on a form approved by the Department of Justice, and a personal description of each person, respectively. The identification form shall include residence addresses and employment history for the previous five years and be signed under penalty of perjury.(2) The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants, excluding those submitted into an electronic fingerprint system using electronic fingerprint technology.(f) In addition, if the applicant for a license is an individual, the application shall list all other names known as or used during the past 10 years and shall state that the applicant is to be personally and actively in charge of the business for which the license is sought. If any other qualified manager is to be actively in charge of the business, the application shall be subscribed, verified, and signed by the applicant, under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person under penalty of perjury.(g) If the applicants for a license are copartners, the application shall state the true names and addresses of all partners and the name of the partner to be actively in charge of the business for which the license is sought and list all other names known as or used during the past 10 years. If a qualified manager other than a partner is to be actively in charge of the business, then the application shall be subscribed, verified, and signed by all of the partners under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person, under penalty of perjury, under penalty of perjury by all of the partners and the qualified manager, or by all of the partners or the qualified manager.(h) If the applicant for a license is a corporation, the application shall state the true names and complete residence addresses of the chief executive officer, secretary, chief financial officer, and any other corporate officer who will be active in the business to be licensed. The application shall also state the name and address of the designated person to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by a duly authorized officer of the applicant and by the qualified manager thereof, under penalty of perjury.(i) If the applicant for a license is a limited liability company, the application shall state the true name and complete residence address of each member, manager, and any officer who will be active in the business to be licensed. A certified copy of the articles of organization, as filed by the Secretary of State, shall be supplied to the bureau upon request. In the case of a manager-managed limited liability company, the application shall be subscribed, verified, and signed by a manager; otherwise, in the case of a member-managed limited liability company, the application shall be subscribed, verified, and signed by a duly authorized member of the applicant and by the qualified manager thereof. The application shall also state whether any of the members, managers, officers, or the qualified manager has ever used an alias.(j) Any other information, evidence, statements, or documents as may be required by the director.(k) At the discretion of the applicant, a valid email address.(l) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
269285
270286
271287
272288 7525.1. An application shall be verified and shall include:
273289
274290 (a) The full name and business address of the applicant.
275291
276292 (b) The name under which the applicant intends to do business.
277293
278294 (c) A statement as to the general nature of the business in which the applicant intends to engage.
279295
280296 (d) A verified statement of his or her experience qualifications.
281297
282298 (e) (1) If the applicant is an individual, a qualified manager, a partner of a partnership, an officer of a corporation designated in subdivision (h), or a member, officer, or manager of a limited liability company designated in subdivision (i), one personal identification form provided by the bureau upon which shall appear a photograph taken within one year immediately preceding the date of the filing of the application together with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, on a form approved by the Department of Justice, and a personal description of each person, respectively. The identification form shall include residence addresses and employment history for the previous five years and be signed under penalty of perjury.
283299
284300 (2) The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants, excluding those submitted into an electronic fingerprint system using electronic fingerprint technology.
285301
286302 (f) In addition, if the applicant for a license is an individual, the application shall list all other names known as or used during the past 10 years and shall state that the applicant is to be personally and actively in charge of the business for which the license is sought. If any other qualified manager is to be actively in charge of the business, the application shall be subscribed, verified, and signed by the applicant, under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person under penalty of perjury.
287303
288304 (g) If the applicants for a license are copartners, the application shall state the true names and addresses of all partners and the name of the partner to be actively in charge of the business for which the license is sought and list all other names known as or used during the past 10 years. If a qualified manager other than a partner is to be actively in charge of the business, then the application shall be subscribed, verified, and signed by all of the partners under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person, under penalty of perjury, under penalty of perjury by all of the partners and the qualified manager, or by all of the partners or the qualified manager.
289305
290306 (h) If the applicant for a license is a corporation, the application shall state the true names and complete residence addresses of the chief executive officer, secretary, chief financial officer, and any other corporate officer who will be active in the business to be licensed. The application shall also state the name and address of the designated person to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by a duly authorized officer of the applicant and by the qualified manager thereof, under penalty of perjury.
291307
292308 (i) If the applicant for a license is a limited liability company, the application shall state the true name and complete residence address of each member, manager, and any officer who will be active in the business to be licensed. A certified copy of the articles of organization, as filed by the Secretary of State, shall be supplied to the bureau upon request. In the case of a manager-managed limited liability company, the application shall be subscribed, verified, and signed by a manager; otherwise, in the case of a member-managed limited liability company, the application shall be subscribed, verified, and signed by a duly authorized member of the applicant and by the qualified manager thereof. The application shall also state whether any of the members, managers, officers, or the qualified manager has ever used an alias.
293309
294310 (j) Any other information, evidence, statements, or documents as may be required by the director.
295311
296312 (k) At the discretion of the applicant, a valid email address.
297313
298314 (l) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
299315
300316 SEC. 12. Section 7525.1 of the Business and Professions Code, as amended by Section 6 of Chapter 635 of the Statutes of 2015, is amended to read:7525.1. An application shall be verified and shall include:(a) The full name and business address of the applicant.(b) The name under which the applicant intends to do business.(c) A statement as to the general nature of the business in which the applicant intends to engage.(d) A verified statement of his or her experience qualifications.(e) (1) If the applicant is an individual, a qualified manager, a partner of a partnership, or an officer of a corporation designated in subdivision (h), one personal identification form provided by the bureau upon which shall appear a photograph taken within one year immediately preceding the date of the filing of the application together with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, on a form approved by the Department of Justice, and a personal description of each person, respectively. The identification form shall include residence addresses and employment history for the previous five years and be signed under penalty of perjury.(2) The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants, excluding those submitted into an electronic fingerprint system using electronic fingerprint technology.(f) In addition, if the applicant for a license is an individual, the application shall list all other names known as or used during the past 10 years and shall state that the applicant is to be personally and actively in charge of the business for which the license is sought. If any other qualified manager is to be actively in charge of the business, the application shall be subscribed, verified, and signed by the applicant, under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person under penalty of perjury.(g) If the applicants for a license are copartners, the application shall state the true names and addresses of all partners and the name of the partner to be actively in charge of the business for which the license is sought and list all other names known as or used during the past 10 years. If a qualified manager other than a partner is to be actively in charge of the business, then the application shall be subscribed, verified, and signed by all of the partners under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed under penalty of perjury by that person, by all of the partners and the qualified manager, or by all of the partners or the qualified manager.(h) If the applicant for a license is a corporation, the application shall state the true names and complete residence addresses of the chief executive officer, secretary, chief financial officer, and any other corporate officer who will be active in the business to be licensed. The application shall also state the name and address of the designated person to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by a duly authorized officer of the applicant and by the qualified manager thereof, under penalty of perjury.(i) Any other information, evidence, statements, or documents as may be required by the director.(j) At the discretion of the applicant, a valid email address.(k) This section shall become operative on January 1, 2021.
301317
302318 SEC. 12. Section 7525.1 of the Business and Professions Code, as amended by Section 6 of Chapter 635 of the Statutes of 2015, is amended to read:
303319
304320 ### SEC. 12.
305321
306322 7525.1. An application shall be verified and shall include:(a) The full name and business address of the applicant.(b) The name under which the applicant intends to do business.(c) A statement as to the general nature of the business in which the applicant intends to engage.(d) A verified statement of his or her experience qualifications.(e) (1) If the applicant is an individual, a qualified manager, a partner of a partnership, or an officer of a corporation designated in subdivision (h), one personal identification form provided by the bureau upon which shall appear a photograph taken within one year immediately preceding the date of the filing of the application together with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, on a form approved by the Department of Justice, and a personal description of each person, respectively. The identification form shall include residence addresses and employment history for the previous five years and be signed under penalty of perjury.(2) The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants, excluding those submitted into an electronic fingerprint system using electronic fingerprint technology.(f) In addition, if the applicant for a license is an individual, the application shall list all other names known as or used during the past 10 years and shall state that the applicant is to be personally and actively in charge of the business for which the license is sought. If any other qualified manager is to be actively in charge of the business, the application shall be subscribed, verified, and signed by the applicant, under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person under penalty of perjury.(g) If the applicants for a license are copartners, the application shall state the true names and addresses of all partners and the name of the partner to be actively in charge of the business for which the license is sought and list all other names known as or used during the past 10 years. If a qualified manager other than a partner is to be actively in charge of the business, then the application shall be subscribed, verified, and signed by all of the partners under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed under penalty of perjury by that person, by all of the partners and the qualified manager, or by all of the partners or the qualified manager.(h) If the applicant for a license is a corporation, the application shall state the true names and complete residence addresses of the chief executive officer, secretary, chief financial officer, and any other corporate officer who will be active in the business to be licensed. The application shall also state the name and address of the designated person to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by a duly authorized officer of the applicant and by the qualified manager thereof, under penalty of perjury.(i) Any other information, evidence, statements, or documents as may be required by the director.(j) At the discretion of the applicant, a valid email address.(k) This section shall become operative on January 1, 2021.
307323
308324 7525.1. An application shall be verified and shall include:(a) The full name and business address of the applicant.(b) The name under which the applicant intends to do business.(c) A statement as to the general nature of the business in which the applicant intends to engage.(d) A verified statement of his or her experience qualifications.(e) (1) If the applicant is an individual, a qualified manager, a partner of a partnership, or an officer of a corporation designated in subdivision (h), one personal identification form provided by the bureau upon which shall appear a photograph taken within one year immediately preceding the date of the filing of the application together with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, on a form approved by the Department of Justice, and a personal description of each person, respectively. The identification form shall include residence addresses and employment history for the previous five years and be signed under penalty of perjury.(2) The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants, excluding those submitted into an electronic fingerprint system using electronic fingerprint technology.(f) In addition, if the applicant for a license is an individual, the application shall list all other names known as or used during the past 10 years and shall state that the applicant is to be personally and actively in charge of the business for which the license is sought. If any other qualified manager is to be actively in charge of the business, the application shall be subscribed, verified, and signed by the applicant, under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person under penalty of perjury.(g) If the applicants for a license are copartners, the application shall state the true names and addresses of all partners and the name of the partner to be actively in charge of the business for which the license is sought and list all other names known as or used during the past 10 years. If a qualified manager other than a partner is to be actively in charge of the business, then the application shall be subscribed, verified, and signed by all of the partners under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed under penalty of perjury by that person, by all of the partners and the qualified manager, or by all of the partners or the qualified manager.(h) If the applicant for a license is a corporation, the application shall state the true names and complete residence addresses of the chief executive officer, secretary, chief financial officer, and any other corporate officer who will be active in the business to be licensed. The application shall also state the name and address of the designated person to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by a duly authorized officer of the applicant and by the qualified manager thereof, under penalty of perjury.(i) Any other information, evidence, statements, or documents as may be required by the director.(j) At the discretion of the applicant, a valid email address.(k) This section shall become operative on January 1, 2021.
309325
310326 7525.1. An application shall be verified and shall include:(a) The full name and business address of the applicant.(b) The name under which the applicant intends to do business.(c) A statement as to the general nature of the business in which the applicant intends to engage.(d) A verified statement of his or her experience qualifications.(e) (1) If the applicant is an individual, a qualified manager, a partner of a partnership, or an officer of a corporation designated in subdivision (h), one personal identification form provided by the bureau upon which shall appear a photograph taken within one year immediately preceding the date of the filing of the application together with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, on a form approved by the Department of Justice, and a personal description of each person, respectively. The identification form shall include residence addresses and employment history for the previous five years and be signed under penalty of perjury.(2) The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants, excluding those submitted into an electronic fingerprint system using electronic fingerprint technology.(f) In addition, if the applicant for a license is an individual, the application shall list all other names known as or used during the past 10 years and shall state that the applicant is to be personally and actively in charge of the business for which the license is sought. If any other qualified manager is to be actively in charge of the business, the application shall be subscribed, verified, and signed by the applicant, under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person under penalty of perjury.(g) If the applicants for a license are copartners, the application shall state the true names and addresses of all partners and the name of the partner to be actively in charge of the business for which the license is sought and list all other names known as or used during the past 10 years. If a qualified manager other than a partner is to be actively in charge of the business, then the application shall be subscribed, verified, and signed by all of the partners under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed under penalty of perjury by that person, by all of the partners and the qualified manager, or by all of the partners or the qualified manager.(h) If the applicant for a license is a corporation, the application shall state the true names and complete residence addresses of the chief executive officer, secretary, chief financial officer, and any other corporate officer who will be active in the business to be licensed. The application shall also state the name and address of the designated person to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by a duly authorized officer of the applicant and by the qualified manager thereof, under penalty of perjury.(i) Any other information, evidence, statements, or documents as may be required by the director.(j) At the discretion of the applicant, a valid email address.(k) This section shall become operative on January 1, 2021.
311327
312328
313329
314330 7525.1. An application shall be verified and shall include:
315331
316332 (a) The full name and business address of the applicant.
317333
318334 (b) The name under which the applicant intends to do business.
319335
320336 (c) A statement as to the general nature of the business in which the applicant intends to engage.
321337
322338 (d) A verified statement of his or her experience qualifications.
323339
324340 (e) (1) If the applicant is an individual, a qualified manager, a partner of a partnership, or an officer of a corporation designated in subdivision (h), one personal identification form provided by the bureau upon which shall appear a photograph taken within one year immediately preceding the date of the filing of the application together with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, on a form approved by the Department of Justice, and a personal description of each person, respectively. The identification form shall include residence addresses and employment history for the previous five years and be signed under penalty of perjury.
325341
326342 (2) The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants, excluding those submitted into an electronic fingerprint system using electronic fingerprint technology.
327343
328344 (f) In addition, if the applicant for a license is an individual, the application shall list all other names known as or used during the past 10 years and shall state that the applicant is to be personally and actively in charge of the business for which the license is sought. If any other qualified manager is to be actively in charge of the business, the application shall be subscribed, verified, and signed by the applicant, under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person under penalty of perjury.
329345
330346 (g) If the applicants for a license are copartners, the application shall state the true names and addresses of all partners and the name of the partner to be actively in charge of the business for which the license is sought and list all other names known as or used during the past 10 years. If a qualified manager other than a partner is to be actively in charge of the business, then the application shall be subscribed, verified, and signed by all of the partners under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed under penalty of perjury by that person, by all of the partners and the qualified manager, or by all of the partners or the qualified manager.
331347
332348 (h) If the applicant for a license is a corporation, the application shall state the true names and complete residence addresses of the chief executive officer, secretary, chief financial officer, and any other corporate officer who will be active in the business to be licensed. The application shall also state the name and address of the designated person to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by a duly authorized officer of the applicant and by the qualified manager thereof, under penalty of perjury.
333349
334350 (i) Any other information, evidence, statements, or documents as may be required by the director.
335351
336352 (j) At the discretion of the applicant, a valid email address.
337353
338354 (k) This section shall become operative on January 1, 2021.
339355
340356 SEC. 13. Section 7526 of the Business and Professions Code is amended to read:7526. Before an application for a license is granted, the applicant for a license or his or her qualified manager shall meet all of the following:(a) Be at least 18 years of age.(b) Not have committed acts or crimes constituting grounds for denial of a license under Section 480.(c) Comply with the requirements specified in this chapter for the particular license for which an application is made.(d) Comply with other qualifications as the director may fix by rule.
341357
342358 SEC. 13. Section 7526 of the Business and Professions Code is amended to read:
343359
344360 ### SEC. 13.
345361
346362 7526. Before an application for a license is granted, the applicant for a license or his or her qualified manager shall meet all of the following:(a) Be at least 18 years of age.(b) Not have committed acts or crimes constituting grounds for denial of a license under Section 480.(c) Comply with the requirements specified in this chapter for the particular license for which an application is made.(d) Comply with other qualifications as the director may fix by rule.
347363
348364 7526. Before an application for a license is granted, the applicant for a license or his or her qualified manager shall meet all of the following:(a) Be at least 18 years of age.(b) Not have committed acts or crimes constituting grounds for denial of a license under Section 480.(c) Comply with the requirements specified in this chapter for the particular license for which an application is made.(d) Comply with other qualifications as the director may fix by rule.
349365
350366 7526. Before an application for a license is granted, the applicant for a license or his or her qualified manager shall meet all of the following:(a) Be at least 18 years of age.(b) Not have committed acts or crimes constituting grounds for denial of a license under Section 480.(c) Comply with the requirements specified in this chapter for the particular license for which an application is made.(d) Comply with other qualifications as the director may fix by rule.
351367
352368
353369
354370 7526. Before an application for a license is granted, the applicant for a license or his or her qualified manager shall meet all of the following:
355371
356372 (a) Be at least 18 years of age.
357373
358374 (b) Not have committed acts or crimes constituting grounds for denial of a license under Section 480.
359375
360376 (c) Comply with the requirements specified in this chapter for the particular license for which an application is made.
361377
362378 (d) Comply with other qualifications as the director may fix by rule.
363379
364380 SEC. 14. Section 7527 of the Business and Professions Code is amended to read:7527. The director may require an applicant or his or her qualified manager, to demonstrate his or her qualifications by a written or oral examination, or a combination of both.
365381
366382 SEC. 14. Section 7527 of the Business and Professions Code is amended to read:
367383
368384 ### SEC. 14.
369385
370386 7527. The director may require an applicant or his or her qualified manager, to demonstrate his or her qualifications by a written or oral examination, or a combination of both.
371387
372388 7527. The director may require an applicant or his or her qualified manager, to demonstrate his or her qualifications by a written or oral examination, or a combination of both.
373389
374390 7527. The director may require an applicant or his or her qualified manager, to demonstrate his or her qualifications by a written or oral examination, or a combination of both.
375391
376392
377393
378394 7527. The director may require an applicant or his or her qualified manager, to demonstrate his or her qualifications by a written or oral examination, or a combination of both.
379395
380396 SEC. 15. Section 7527.5 of the Business and Professions Code is amended to read:7527.5. Payment of the application fee prescribed by this chapter entitles an applicant or his or her qualified manager to one examination without further charge. If the person fails to pass the examination, he or she shall not be eligible for any subsequent examination except upon payment of the reexamination fee prescribed by this chapter for each subsequent examination.
381397
382398 SEC. 15. Section 7527.5 of the Business and Professions Code is amended to read:
383399
384400 ### SEC. 15.
385401
386402 7527.5. Payment of the application fee prescribed by this chapter entitles an applicant or his or her qualified manager to one examination without further charge. If the person fails to pass the examination, he or she shall not be eligible for any subsequent examination except upon payment of the reexamination fee prescribed by this chapter for each subsequent examination.
387403
388404 7527.5. Payment of the application fee prescribed by this chapter entitles an applicant or his or her qualified manager to one examination without further charge. If the person fails to pass the examination, he or she shall not be eligible for any subsequent examination except upon payment of the reexamination fee prescribed by this chapter for each subsequent examination.
389405
390406 7527.5. Payment of the application fee prescribed by this chapter entitles an applicant or his or her qualified manager to one examination without further charge. If the person fails to pass the examination, he or she shall not be eligible for any subsequent examination except upon payment of the reexamination fee prescribed by this chapter for each subsequent examination.
391407
392408
393409
394410 7527.5. Payment of the application fee prescribed by this chapter entitles an applicant or his or her qualified manager to one examination without further charge. If the person fails to pass the examination, he or she shall not be eligible for any subsequent examination except upon payment of the reexamination fee prescribed by this chapter for each subsequent examination.
395411
396412 SEC. 16. Section 7529 of the Business and Professions Code, as amended by Section 6 of Chapter 669 of the Statutes of 2014, is amended to read:7529. (a) Upon the issuance of a license, a pocket card of the size, design, and content as may be determined by the director shall be issued by the bureau to each licensee, as follows:(1) If the licensee is an individual, the pocket card shall be issued to the licensee and the licensees qualified manager.(2) If the licensee is a partnership, the pocket card shall be issued to each partner of the partnership licensee active in the business and the licensees qualified manager.(3) If the licensee is a corporation, the pocket card shall be issued to each officer active in the business and the licensees qualified manager.(4) If the licensee is a limited liability company, the pocket card shall be issued to each member, officer, and manager of the licensee active in the business and the licensees qualified manager.(b) The pocket card is evidence that the licensee is licensed pursuant to this chapter. The card shall contain the signature of the licensee, signature of the chief, and a photograph of the licensee, or bearer of the card, if the licensee is other than an individual. The card shall clearly state that the person is licensed as a private investigator or is the qualified manager, officer, member, or manager of the licensee. The pocket card is to be composed of a durable material and may incorporate technologically advanced security features. The bureau may charge a fee sufficient to reimburse the departments costs for furnishing the pocket card. The fee charged shall not exceed the actual direct costs for system development, maintenance, and processing necessary to provide this service, and shall not exceed sixteen dollars ($16). When a person to whom a card is issued terminates his or her position, office, or association with the licensee, the card shall be surrendered to the licensee and within five days thereafter shall be mailed or delivered by the licensee to the bureau for cancellation. Every person, while engaged in any activity for which licensure is required, shall display his or her valid pocket card as provided by regulation.(c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
397413
398414 SEC. 16. Section 7529 of the Business and Professions Code, as amended by Section 6 of Chapter 669 of the Statutes of 2014, is amended to read:
399415
400416 ### SEC. 16.
401417
402418 7529. (a) Upon the issuance of a license, a pocket card of the size, design, and content as may be determined by the director shall be issued by the bureau to each licensee, as follows:(1) If the licensee is an individual, the pocket card shall be issued to the licensee and the licensees qualified manager.(2) If the licensee is a partnership, the pocket card shall be issued to each partner of the partnership licensee active in the business and the licensees qualified manager.(3) If the licensee is a corporation, the pocket card shall be issued to each officer active in the business and the licensees qualified manager.(4) If the licensee is a limited liability company, the pocket card shall be issued to each member, officer, and manager of the licensee active in the business and the licensees qualified manager.(b) The pocket card is evidence that the licensee is licensed pursuant to this chapter. The card shall contain the signature of the licensee, signature of the chief, and a photograph of the licensee, or bearer of the card, if the licensee is other than an individual. The card shall clearly state that the person is licensed as a private investigator or is the qualified manager, officer, member, or manager of the licensee. The pocket card is to be composed of a durable material and may incorporate technologically advanced security features. The bureau may charge a fee sufficient to reimburse the departments costs for furnishing the pocket card. The fee charged shall not exceed the actual direct costs for system development, maintenance, and processing necessary to provide this service, and shall not exceed sixteen dollars ($16). When a person to whom a card is issued terminates his or her position, office, or association with the licensee, the card shall be surrendered to the licensee and within five days thereafter shall be mailed or delivered by the licensee to the bureau for cancellation. Every person, while engaged in any activity for which licensure is required, shall display his or her valid pocket card as provided by regulation.(c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
403419
404420 7529. (a) Upon the issuance of a license, a pocket card of the size, design, and content as may be determined by the director shall be issued by the bureau to each licensee, as follows:(1) If the licensee is an individual, the pocket card shall be issued to the licensee and the licensees qualified manager.(2) If the licensee is a partnership, the pocket card shall be issued to each partner of the partnership licensee active in the business and the licensees qualified manager.(3) If the licensee is a corporation, the pocket card shall be issued to each officer active in the business and the licensees qualified manager.(4) If the licensee is a limited liability company, the pocket card shall be issued to each member, officer, and manager of the licensee active in the business and the licensees qualified manager.(b) The pocket card is evidence that the licensee is licensed pursuant to this chapter. The card shall contain the signature of the licensee, signature of the chief, and a photograph of the licensee, or bearer of the card, if the licensee is other than an individual. The card shall clearly state that the person is licensed as a private investigator or is the qualified manager, officer, member, or manager of the licensee. The pocket card is to be composed of a durable material and may incorporate technologically advanced security features. The bureau may charge a fee sufficient to reimburse the departments costs for furnishing the pocket card. The fee charged shall not exceed the actual direct costs for system development, maintenance, and processing necessary to provide this service, and shall not exceed sixteen dollars ($16). When a person to whom a card is issued terminates his or her position, office, or association with the licensee, the card shall be surrendered to the licensee and within five days thereafter shall be mailed or delivered by the licensee to the bureau for cancellation. Every person, while engaged in any activity for which licensure is required, shall display his or her valid pocket card as provided by regulation.(c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
405421
406422 7529. (a) Upon the issuance of a license, a pocket card of the size, design, and content as may be determined by the director shall be issued by the bureau to each licensee, as follows:(1) If the licensee is an individual, the pocket card shall be issued to the licensee and the licensees qualified manager.(2) If the licensee is a partnership, the pocket card shall be issued to each partner of the partnership licensee active in the business and the licensees qualified manager.(3) If the licensee is a corporation, the pocket card shall be issued to each officer active in the business and the licensees qualified manager.(4) If the licensee is a limited liability company, the pocket card shall be issued to each member, officer, and manager of the licensee active in the business and the licensees qualified manager.(b) The pocket card is evidence that the licensee is licensed pursuant to this chapter. The card shall contain the signature of the licensee, signature of the chief, and a photograph of the licensee, or bearer of the card, if the licensee is other than an individual. The card shall clearly state that the person is licensed as a private investigator or is the qualified manager, officer, member, or manager of the licensee. The pocket card is to be composed of a durable material and may incorporate technologically advanced security features. The bureau may charge a fee sufficient to reimburse the departments costs for furnishing the pocket card. The fee charged shall not exceed the actual direct costs for system development, maintenance, and processing necessary to provide this service, and shall not exceed sixteen dollars ($16). When a person to whom a card is issued terminates his or her position, office, or association with the licensee, the card shall be surrendered to the licensee and within five days thereafter shall be mailed or delivered by the licensee to the bureau for cancellation. Every person, while engaged in any activity for which licensure is required, shall display his or her valid pocket card as provided by regulation.(c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
407423
408424
409425
410426 7529. (a) Upon the issuance of a license, a pocket card of the size, design, and content as may be determined by the director shall be issued by the bureau to each licensee, as follows:
411427
412428 (1) If the licensee is an individual, the pocket card shall be issued to the licensee and the licensees qualified manager.
413429
414430 (2) If the licensee is a partnership, the pocket card shall be issued to each partner of the partnership licensee active in the business and the licensees qualified manager.
415431
416432 (3) If the licensee is a corporation, the pocket card shall be issued to each officer active in the business and the licensees qualified manager.
417433
418434 (4) If the licensee is a limited liability company, the pocket card shall be issued to each member, officer, and manager of the licensee active in the business and the licensees qualified manager.
419435
420436 (b) The pocket card is evidence that the licensee is licensed pursuant to this chapter. The card shall contain the signature of the licensee, signature of the chief, and a photograph of the licensee, or bearer of the card, if the licensee is other than an individual. The card shall clearly state that the person is licensed as a private investigator or is the qualified manager, officer, member, or manager of the licensee. The pocket card is to be composed of a durable material and may incorporate technologically advanced security features. The bureau may charge a fee sufficient to reimburse the departments costs for furnishing the pocket card. The fee charged shall not exceed the actual direct costs for system development, maintenance, and processing necessary to provide this service, and shall not exceed sixteen dollars ($16). When a person to whom a card is issued terminates his or her position, office, or association with the licensee, the card shall be surrendered to the licensee and within five days thereafter shall be mailed or delivered by the licensee to the bureau for cancellation. Every person, while engaged in any activity for which licensure is required, shall display his or her valid pocket card as provided by regulation.
421437
422438 (c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
423439
424440 SEC. 17. Section 7529 of the Business and Professions Code, as added by Section 7 of Chapter 669 of the Statutes of 2014, is amended to read:7529. (a) Upon the issuance of a license, a pocket card of the size, design, and content as may be determined by the director shall be issued by the bureau to each licensee, as follows:(1) If the licensee is an individual, the pocket card shall be issued to the licensee and the licensees qualified manager.(2) If the licensee is a partnership, the pocket card shall be issued to each partner of the partnership licensee active in the business and the licensees qualified manager.(3) If the licensee is a corporation, the pocket card shall be issued to each officer active in the business and the licensees qualified manager.(b) The pocket card is evidence that the licensee is licensed pursuant to this chapter. The card shall contain the signature of the licensee, signature of the chief, and a photograph of the licensee, or bearer of the card, if the licensee is other than an individual. The card shall clearly state that the person is licensed as a private investigator or is the qualified manager or officer of the licensee. The pocket card is to be composed of a durable material and may incorporate technologically advanced security features. The bureau may charge a fee sufficient to reimburse the departments costs for furnishing the pocket card. The fee charged shall not exceed the actual direct costs for system development, maintenance, and processing necessary to provide this service, and shall not exceed sixteen dollars ($16). When a person to whom a card is issued terminates his or her position, office, or association with the licensee, the card shall be surrendered to the licensee and within five days thereafter shall be mailed or delivered by the licensee to the bureau for cancellation. Every person, while engaged in any activity for which licensure is required, shall display his or her valid pocket card as provided by regulation.(c) This section shall become operative on January 1, 2021.
425441
426442 SEC. 17. Section 7529 of the Business and Professions Code, as added by Section 7 of Chapter 669 of the Statutes of 2014, is amended to read:
427443
428444 ### SEC. 17.
429445
430446 7529. (a) Upon the issuance of a license, a pocket card of the size, design, and content as may be determined by the director shall be issued by the bureau to each licensee, as follows:(1) If the licensee is an individual, the pocket card shall be issued to the licensee and the licensees qualified manager.(2) If the licensee is a partnership, the pocket card shall be issued to each partner of the partnership licensee active in the business and the licensees qualified manager.(3) If the licensee is a corporation, the pocket card shall be issued to each officer active in the business and the licensees qualified manager.(b) The pocket card is evidence that the licensee is licensed pursuant to this chapter. The card shall contain the signature of the licensee, signature of the chief, and a photograph of the licensee, or bearer of the card, if the licensee is other than an individual. The card shall clearly state that the person is licensed as a private investigator or is the qualified manager or officer of the licensee. The pocket card is to be composed of a durable material and may incorporate technologically advanced security features. The bureau may charge a fee sufficient to reimburse the departments costs for furnishing the pocket card. The fee charged shall not exceed the actual direct costs for system development, maintenance, and processing necessary to provide this service, and shall not exceed sixteen dollars ($16). When a person to whom a card is issued terminates his or her position, office, or association with the licensee, the card shall be surrendered to the licensee and within five days thereafter shall be mailed or delivered by the licensee to the bureau for cancellation. Every person, while engaged in any activity for which licensure is required, shall display his or her valid pocket card as provided by regulation.(c) This section shall become operative on January 1, 2021.
431447
432448 7529. (a) Upon the issuance of a license, a pocket card of the size, design, and content as may be determined by the director shall be issued by the bureau to each licensee, as follows:(1) If the licensee is an individual, the pocket card shall be issued to the licensee and the licensees qualified manager.(2) If the licensee is a partnership, the pocket card shall be issued to each partner of the partnership licensee active in the business and the licensees qualified manager.(3) If the licensee is a corporation, the pocket card shall be issued to each officer active in the business and the licensees qualified manager.(b) The pocket card is evidence that the licensee is licensed pursuant to this chapter. The card shall contain the signature of the licensee, signature of the chief, and a photograph of the licensee, or bearer of the card, if the licensee is other than an individual. The card shall clearly state that the person is licensed as a private investigator or is the qualified manager or officer of the licensee. The pocket card is to be composed of a durable material and may incorporate technologically advanced security features. The bureau may charge a fee sufficient to reimburse the departments costs for furnishing the pocket card. The fee charged shall not exceed the actual direct costs for system development, maintenance, and processing necessary to provide this service, and shall not exceed sixteen dollars ($16). When a person to whom a card is issued terminates his or her position, office, or association with the licensee, the card shall be surrendered to the licensee and within five days thereafter shall be mailed or delivered by the licensee to the bureau for cancellation. Every person, while engaged in any activity for which licensure is required, shall display his or her valid pocket card as provided by regulation.(c) This section shall become operative on January 1, 2021.
433449
434450 7529. (a) Upon the issuance of a license, a pocket card of the size, design, and content as may be determined by the director shall be issued by the bureau to each licensee, as follows:(1) If the licensee is an individual, the pocket card shall be issued to the licensee and the licensees qualified manager.(2) If the licensee is a partnership, the pocket card shall be issued to each partner of the partnership licensee active in the business and the licensees qualified manager.(3) If the licensee is a corporation, the pocket card shall be issued to each officer active in the business and the licensees qualified manager.(b) The pocket card is evidence that the licensee is licensed pursuant to this chapter. The card shall contain the signature of the licensee, signature of the chief, and a photograph of the licensee, or bearer of the card, if the licensee is other than an individual. The card shall clearly state that the person is licensed as a private investigator or is the qualified manager or officer of the licensee. The pocket card is to be composed of a durable material and may incorporate technologically advanced security features. The bureau may charge a fee sufficient to reimburse the departments costs for furnishing the pocket card. The fee charged shall not exceed the actual direct costs for system development, maintenance, and processing necessary to provide this service, and shall not exceed sixteen dollars ($16). When a person to whom a card is issued terminates his or her position, office, or association with the licensee, the card shall be surrendered to the licensee and within five days thereafter shall be mailed or delivered by the licensee to the bureau for cancellation. Every person, while engaged in any activity for which licensure is required, shall display his or her valid pocket card as provided by regulation.(c) This section shall become operative on January 1, 2021.
435451
436452
437453
438454 7529. (a) Upon the issuance of a license, a pocket card of the size, design, and content as may be determined by the director shall be issued by the bureau to each licensee, as follows:
439455
440456 (1) If the licensee is an individual, the pocket card shall be issued to the licensee and the licensees qualified manager.
441457
442458 (2) If the licensee is a partnership, the pocket card shall be issued to each partner of the partnership licensee active in the business and the licensees qualified manager.
443459
444460 (3) If the licensee is a corporation, the pocket card shall be issued to each officer active in the business and the licensees qualified manager.
445461
446462 (b) The pocket card is evidence that the licensee is licensed pursuant to this chapter. The card shall contain the signature of the licensee, signature of the chief, and a photograph of the licensee, or bearer of the card, if the licensee is other than an individual. The card shall clearly state that the person is licensed as a private investigator or is the qualified manager or officer of the licensee. The pocket card is to be composed of a durable material and may incorporate technologically advanced security features. The bureau may charge a fee sufficient to reimburse the departments costs for furnishing the pocket card. The fee charged shall not exceed the actual direct costs for system development, maintenance, and processing necessary to provide this service, and shall not exceed sixteen dollars ($16). When a person to whom a card is issued terminates his or her position, office, or association with the licensee, the card shall be surrendered to the licensee and within five days thereafter shall be mailed or delivered by the licensee to the bureau for cancellation. Every person, while engaged in any activity for which licensure is required, shall display his or her valid pocket card as provided by regulation.
447463
448464 (c) This section shall become operative on January 1, 2021.
449465
450466 SEC. 18. Section 7530 of the Business and Professions Code, as amended by Section 8 of Chapter 669 of the Statutes of 2014, is amended to read:7530. (a) Except as provided in this section, a license issued under this chapter is not assignable.(b) A licensee may apply to the chief for consent, and upon receipt of the consent and payment of the processing fee authorized by Section 7570, may assign a license to another business entity as long as the direct and indirect owners of the assignor own all of the assignee immediately after the assignment.
451467
452468 SEC. 18. Section 7530 of the Business and Professions Code, as amended by Section 8 of Chapter 669 of the Statutes of 2014, is amended to read:
453469
454470 ### SEC. 18.
455471
456472 7530. (a) Except as provided in this section, a license issued under this chapter is not assignable.(b) A licensee may apply to the chief for consent, and upon receipt of the consent and payment of the processing fee authorized by Section 7570, may assign a license to another business entity as long as the direct and indirect owners of the assignor own all of the assignee immediately after the assignment.
457473
458474 7530. (a) Except as provided in this section, a license issued under this chapter is not assignable.(b) A licensee may apply to the chief for consent, and upon receipt of the consent and payment of the processing fee authorized by Section 7570, may assign a license to another business entity as long as the direct and indirect owners of the assignor own all of the assignee immediately after the assignment.
459475
460476 7530. (a) Except as provided in this section, a license issued under this chapter is not assignable.(b) A licensee may apply to the chief for consent, and upon receipt of the consent and payment of the processing fee authorized by Section 7570, may assign a license to another business entity as long as the direct and indirect owners of the assignor own all of the assignee immediately after the assignment.
461477
462478
463479
464480 7530. (a) Except as provided in this section, a license issued under this chapter is not assignable.
465481
466482 (b) A licensee may apply to the chief for consent, and upon receipt of the consent and payment of the processing fee authorized by Section 7570, may assign a license to another business entity as long as the direct and indirect owners of the assignor own all of the assignee immediately after the assignment.
467483
468484 SEC. 19. Section 7531 of the Business and Professions Code is amended to read:7531. A licensee shall at all times be legally responsible for the good conduct in the business of each of his or her employees or agents, including his or her qualified manager.
469485
470486 SEC. 19. Section 7531 of the Business and Professions Code is amended to read:
471487
472488 ### SEC. 19.
473489
474490 7531. A licensee shall at all times be legally responsible for the good conduct in the business of each of his or her employees or agents, including his or her qualified manager.
475491
476492 7531. A licensee shall at all times be legally responsible for the good conduct in the business of each of his or her employees or agents, including his or her qualified manager.
477493
478494 7531. A licensee shall at all times be legally responsible for the good conduct in the business of each of his or her employees or agents, including his or her qualified manager.
479495
480496
481497
482498 7531. A licensee shall at all times be legally responsible for the good conduct in the business of each of his or her employees or agents, including his or her qualified manager.
483499
484500 SEC. 20. Section 7533.2 is added to the Business and Professions Code, to read:7533.2. (a) At the time of an initial application for licensure or reassignment, an applicant for an initial license or a licensee applying for reassignment of the license shall notify the bureau on the application for licensure or reassignment if the applicant or licensee is a limited liability company for the purposes of this chapter during the period of licensure. The bureau shall include this information on the Department of Consumer Affairs BreEZe License Verification Internet Web page.(b) This section shall become operative on July 1, 2018.
485501
486502 SEC. 20. Section 7533.2 is added to the Business and Professions Code, to read:
487503
488504 ### SEC. 20.
489505
490506 7533.2. (a) At the time of an initial application for licensure or reassignment, an applicant for an initial license or a licensee applying for reassignment of the license shall notify the bureau on the application for licensure or reassignment if the applicant or licensee is a limited liability company for the purposes of this chapter during the period of licensure. The bureau shall include this information on the Department of Consumer Affairs BreEZe License Verification Internet Web page.(b) This section shall become operative on July 1, 2018.
491507
492508 7533.2. (a) At the time of an initial application for licensure or reassignment, an applicant for an initial license or a licensee applying for reassignment of the license shall notify the bureau on the application for licensure or reassignment if the applicant or licensee is a limited liability company for the purposes of this chapter during the period of licensure. The bureau shall include this information on the Department of Consumer Affairs BreEZe License Verification Internet Web page.(b) This section shall become operative on July 1, 2018.
493509
494510 7533.2. (a) At the time of an initial application for licensure or reassignment, an applicant for an initial license or a licensee applying for reassignment of the license shall notify the bureau on the application for licensure or reassignment if the applicant or licensee is a limited liability company for the purposes of this chapter during the period of licensure. The bureau shall include this information on the Department of Consumer Affairs BreEZe License Verification Internet Web page.(b) This section shall become operative on July 1, 2018.
495511
496512
497513
498514 7533.2. (a) At the time of an initial application for licensure or reassignment, an applicant for an initial license or a licensee applying for reassignment of the license shall notify the bureau on the application for licensure or reassignment if the applicant or licensee is a limited liability company for the purposes of this chapter during the period of licensure. The bureau shall include this information on the Department of Consumer Affairs BreEZe License Verification Internet Web page.
499515
500516 (b) This section shall become operative on July 1, 2018.
501517
502518 SEC. 21. Section 7533.5 of the Business and Professions Code, as amended by Section 12 of Chapter 800 of the Statutes of 2016, is amended to read:7533.5. (a) A licensee shall notify the bureau within 30 days of any change in its corporate officers required to be named pursuant to subdivision (h) of Section 7525.1 or members or managers required to be named pursuant to subdivision (i) of Section 7525.1, and of any addition of a new partner.(b) Applications, on forms prescribed by the director, shall be submitted by all new officers, members or managers, and partners. The director may suspend or revoke a license issued under this chapter if the director determines that the new officer, member or manager, or partner of a licensee has committed any of the acts constituting grounds to deny an application for a license or to take disciplinary action against a licensee pursuant to Section 7538 or 7538.5, respectively.(c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
503519
504520 SEC. 21. Section 7533.5 of the Business and Professions Code, as amended by Section 12 of Chapter 800 of the Statutes of 2016, is amended to read:
505521
506522 ### SEC. 21.
507523
508524 7533.5. (a) A licensee shall notify the bureau within 30 days of any change in its corporate officers required to be named pursuant to subdivision (h) of Section 7525.1 or members or managers required to be named pursuant to subdivision (i) of Section 7525.1, and of any addition of a new partner.(b) Applications, on forms prescribed by the director, shall be submitted by all new officers, members or managers, and partners. The director may suspend or revoke a license issued under this chapter if the director determines that the new officer, member or manager, or partner of a licensee has committed any of the acts constituting grounds to deny an application for a license or to take disciplinary action against a licensee pursuant to Section 7538 or 7538.5, respectively.(c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
509525
510526 7533.5. (a) A licensee shall notify the bureau within 30 days of any change in its corporate officers required to be named pursuant to subdivision (h) of Section 7525.1 or members or managers required to be named pursuant to subdivision (i) of Section 7525.1, and of any addition of a new partner.(b) Applications, on forms prescribed by the director, shall be submitted by all new officers, members or managers, and partners. The director may suspend or revoke a license issued under this chapter if the director determines that the new officer, member or manager, or partner of a licensee has committed any of the acts constituting grounds to deny an application for a license or to take disciplinary action against a licensee pursuant to Section 7538 or 7538.5, respectively.(c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
511527
512528 7533.5. (a) A licensee shall notify the bureau within 30 days of any change in its corporate officers required to be named pursuant to subdivision (h) of Section 7525.1 or members or managers required to be named pursuant to subdivision (i) of Section 7525.1, and of any addition of a new partner.(b) Applications, on forms prescribed by the director, shall be submitted by all new officers, members or managers, and partners. The director may suspend or revoke a license issued under this chapter if the director determines that the new officer, member or manager, or partner of a licensee has committed any of the acts constituting grounds to deny an application for a license or to take disciplinary action against a licensee pursuant to Section 7538 or 7538.5, respectively.(c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
513529
514530
515531
516532 7533.5. (a) A licensee shall notify the bureau within 30 days of any change in its corporate officers required to be named pursuant to subdivision (h) of Section 7525.1 or members or managers required to be named pursuant to subdivision (i) of Section 7525.1, and of any addition of a new partner.
517533
518534 (b) Applications, on forms prescribed by the director, shall be submitted by all new officers, members or managers, and partners. The director may suspend or revoke a license issued under this chapter if the director determines that the new officer, member or manager, or partner of a licensee has committed any of the acts constituting grounds to deny an application for a license or to take disciplinary action against a licensee pursuant to Section 7538 or 7538.5, respectively.
519535
520536 (c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
521537
522538 SEC. 22. Section 7533.5 of the Business and Professions Code, as added by Section 13 of Chapter 800 of the Statutes of 2016, is amended to read:7533.5. (a) A licensee shall notify the bureau within 30 days of any change in its corporate officers required to be named pursuant to subdivision (h) of Section 7525.1, and of any addition of a new partner.(b) Applications, on forms prescribed by the director, shall be submitted by all new officers and partners. The director may suspend or revoke a license issued under this chapter if the director determines that the new officer or partner of a licensee has committed any of the acts constituting grounds to deny an application for a license or to take disciplinary action against a licensee pursuant to Section 7538 or 7538.5, respectively.(c) This section shall become operative on January 1, 2021.
523539
524540 SEC. 22. Section 7533.5 of the Business and Professions Code, as added by Section 13 of Chapter 800 of the Statutes of 2016, is amended to read:
525541
526542 ### SEC. 22.
527543
528544 7533.5. (a) A licensee shall notify the bureau within 30 days of any change in its corporate officers required to be named pursuant to subdivision (h) of Section 7525.1, and of any addition of a new partner.(b) Applications, on forms prescribed by the director, shall be submitted by all new officers and partners. The director may suspend or revoke a license issued under this chapter if the director determines that the new officer or partner of a licensee has committed any of the acts constituting grounds to deny an application for a license or to take disciplinary action against a licensee pursuant to Section 7538 or 7538.5, respectively.(c) This section shall become operative on January 1, 2021.
529545
530546 7533.5. (a) A licensee shall notify the bureau within 30 days of any change in its corporate officers required to be named pursuant to subdivision (h) of Section 7525.1, and of any addition of a new partner.(b) Applications, on forms prescribed by the director, shall be submitted by all new officers and partners. The director may suspend or revoke a license issued under this chapter if the director determines that the new officer or partner of a licensee has committed any of the acts constituting grounds to deny an application for a license or to take disciplinary action against a licensee pursuant to Section 7538 or 7538.5, respectively.(c) This section shall become operative on January 1, 2021.
531547
532548 7533.5. (a) A licensee shall notify the bureau within 30 days of any change in its corporate officers required to be named pursuant to subdivision (h) of Section 7525.1, and of any addition of a new partner.(b) Applications, on forms prescribed by the director, shall be submitted by all new officers and partners. The director may suspend or revoke a license issued under this chapter if the director determines that the new officer or partner of a licensee has committed any of the acts constituting grounds to deny an application for a license or to take disciplinary action against a licensee pursuant to Section 7538 or 7538.5, respectively.(c) This section shall become operative on January 1, 2021.
533549
534550
535551
536552 7533.5. (a) A licensee shall notify the bureau within 30 days of any change in its corporate officers required to be named pursuant to subdivision (h) of Section 7525.1, and of any addition of a new partner.
537553
538554 (b) Applications, on forms prescribed by the director, shall be submitted by all new officers and partners. The director may suspend or revoke a license issued under this chapter if the director determines that the new officer or partner of a licensee has committed any of the acts constituting grounds to deny an application for a license or to take disciplinary action against a licensee pursuant to Section 7538 or 7538.5, respectively.
539555
540556 (c) This section shall become operative on January 1, 2021.
541557
542558 SEC. 23. Section 7536 of the Business and Professions Code is amended to read:7536. (a) The business of each licensee shall be operated under the active direction, control, charge, or management, in this state, of the licensee, if he or she is qualified, or the person who is qualified to act as the licensees qualified manager, if the licensee is not qualified.(b) No person shall act as a qualified manager of a licensee until he or she has complied with each of the following:(1) Demonstrated his or her qualifications by a written or oral examination, or a combination of both, if required by the director.(2) Made a satisfactory showing to the director that he or she has the qualifications prescribed in Section 7526 and that none of the facts stated in Section 7538 or 7538.5 exist as to him or her.(c) A person shall not act as a qualified manager of more than five licensees. The person acting as a qualified manager shall share equally with the licensee the responsibility and any liability for the conduct of the business of the licensee and the actions of the employees and other personnel of the licensee. This section shall not apply to any licensee that notifies the bureau in writing that he or she is not conducting any business, but requests to maintain a current license status with the bureau. Whenever the licensee resumes conducting business, the licensee shall so inform the bureau in writing within 30 days.(d) Any person acting as a qualified manager of a licensee shall be the holder of a qualification certificate issued by the bureau. The certificate, together with the current renewal certificate, shall be predominantly displayed below the private investigators license.
543559
544560 SEC. 23. Section 7536 of the Business and Professions Code is amended to read:
545561
546562 ### SEC. 23.
547563
548564 7536. (a) The business of each licensee shall be operated under the active direction, control, charge, or management, in this state, of the licensee, if he or she is qualified, or the person who is qualified to act as the licensees qualified manager, if the licensee is not qualified.(b) No person shall act as a qualified manager of a licensee until he or she has complied with each of the following:(1) Demonstrated his or her qualifications by a written or oral examination, or a combination of both, if required by the director.(2) Made a satisfactory showing to the director that he or she has the qualifications prescribed in Section 7526 and that none of the facts stated in Section 7538 or 7538.5 exist as to him or her.(c) A person shall not act as a qualified manager of more than five licensees. The person acting as a qualified manager shall share equally with the licensee the responsibility and any liability for the conduct of the business of the licensee and the actions of the employees and other personnel of the licensee. This section shall not apply to any licensee that notifies the bureau in writing that he or she is not conducting any business, but requests to maintain a current license status with the bureau. Whenever the licensee resumes conducting business, the licensee shall so inform the bureau in writing within 30 days.(d) Any person acting as a qualified manager of a licensee shall be the holder of a qualification certificate issued by the bureau. The certificate, together with the current renewal certificate, shall be predominantly displayed below the private investigators license.
549565
550566 7536. (a) The business of each licensee shall be operated under the active direction, control, charge, or management, in this state, of the licensee, if he or she is qualified, or the person who is qualified to act as the licensees qualified manager, if the licensee is not qualified.(b) No person shall act as a qualified manager of a licensee until he or she has complied with each of the following:(1) Demonstrated his or her qualifications by a written or oral examination, or a combination of both, if required by the director.(2) Made a satisfactory showing to the director that he or she has the qualifications prescribed in Section 7526 and that none of the facts stated in Section 7538 or 7538.5 exist as to him or her.(c) A person shall not act as a qualified manager of more than five licensees. The person acting as a qualified manager shall share equally with the licensee the responsibility and any liability for the conduct of the business of the licensee and the actions of the employees and other personnel of the licensee. This section shall not apply to any licensee that notifies the bureau in writing that he or she is not conducting any business, but requests to maintain a current license status with the bureau. Whenever the licensee resumes conducting business, the licensee shall so inform the bureau in writing within 30 days.(d) Any person acting as a qualified manager of a licensee shall be the holder of a qualification certificate issued by the bureau. The certificate, together with the current renewal certificate, shall be predominantly displayed below the private investigators license.
551567
552568 7536. (a) The business of each licensee shall be operated under the active direction, control, charge, or management, in this state, of the licensee, if he or she is qualified, or the person who is qualified to act as the licensees qualified manager, if the licensee is not qualified.(b) No person shall act as a qualified manager of a licensee until he or she has complied with each of the following:(1) Demonstrated his or her qualifications by a written or oral examination, or a combination of both, if required by the director.(2) Made a satisfactory showing to the director that he or she has the qualifications prescribed in Section 7526 and that none of the facts stated in Section 7538 or 7538.5 exist as to him or her.(c) A person shall not act as a qualified manager of more than five licensees. The person acting as a qualified manager shall share equally with the licensee the responsibility and any liability for the conduct of the business of the licensee and the actions of the employees and other personnel of the licensee. This section shall not apply to any licensee that notifies the bureau in writing that he or she is not conducting any business, but requests to maintain a current license status with the bureau. Whenever the licensee resumes conducting business, the licensee shall so inform the bureau in writing within 30 days.(d) Any person acting as a qualified manager of a licensee shall be the holder of a qualification certificate issued by the bureau. The certificate, together with the current renewal certificate, shall be predominantly displayed below the private investigators license.
553569
554570
555571
556572 7536. (a) The business of each licensee shall be operated under the active direction, control, charge, or management, in this state, of the licensee, if he or she is qualified, or the person who is qualified to act as the licensees qualified manager, if the licensee is not qualified.
557573
558574 (b) No person shall act as a qualified manager of a licensee until he or she has complied with each of the following:
559575
560576 (1) Demonstrated his or her qualifications by a written or oral examination, or a combination of both, if required by the director.
561577
562578 (2) Made a satisfactory showing to the director that he or she has the qualifications prescribed in Section 7526 and that none of the facts stated in Section 7538 or 7538.5 exist as to him or her.
563579
564580 (c) A person shall not act as a qualified manager of more than five licensees. The person acting as a qualified manager shall share equally with the licensee the responsibility and any liability for the conduct of the business of the licensee and the actions of the employees and other personnel of the licensee. This section shall not apply to any licensee that notifies the bureau in writing that he or she is not conducting any business, but requests to maintain a current license status with the bureau. Whenever the licensee resumes conducting business, the licensee shall so inform the bureau in writing within 30 days.
565581
566582 (d) Any person acting as a qualified manager of a licensee shall be the holder of a qualification certificate issued by the bureau. The certificate, together with the current renewal certificate, shall be predominantly displayed below the private investigators license.
567583
568584 SEC. 24. Section 7537 of the Business and Professions Code is amended to read:7537. (a) In case of the death of a person licensed as an individual, a member of the immediate family of the deceased licensee shall be entitled to continue the business under the same license for 120 days following the death of the licensee, provided that written application for permission is made to the bureau within 30 days following the death of the licensee. At the end of the 120-day period, the license shall be automatically canceled. If no request is received within the 30-day period, the license shall be automatically canceled at the end of that period.(b) If the qualified manager ceases for any reason whatsoever to be connected with the licensee to whom the license is issued, the licensee shall notify the bureau in writing 30 days from this cessation. If the notice of cessation is filed timely, the license shall remain in force for a period of 90 days after cessation or for an additional period, not to exceed one year, as approved by the director, pending the qualification of another qualified manager as provided in this chapter. After the 90-day period or additional period, as approved by the director, the license shall be automatically suspended, unless the bureau receives written notification that the license is under the active charge of a qualified manager. If the licensee fails to notify the bureau within the 30-day period, his or her license shall be automatically suspended and may be reinstated only upon the filing of an application for reinstatement, payment of the reinstatement fee, and the qualification of a qualified manager as provided in this chapter.(c) In the case of the death or disassociation of a partner of an entity licensed as a partnership, the licensee shall notify the bureau, in writing, within 30 days from the death or disassociation of the individual. If notice is given, the license shall remain in force for 90 days following the death or disassociation. At the end of this period the license shall be automatically canceled. If the licensee fails to notify the bureau within the 30-day period, the license shall be automatically canceled.(d) A license extended under this section is subject to all other provisions of this chapter.
569585
570586 SEC. 24. Section 7537 of the Business and Professions Code is amended to read:
571587
572588 ### SEC. 24.
573589
574590 7537. (a) In case of the death of a person licensed as an individual, a member of the immediate family of the deceased licensee shall be entitled to continue the business under the same license for 120 days following the death of the licensee, provided that written application for permission is made to the bureau within 30 days following the death of the licensee. At the end of the 120-day period, the license shall be automatically canceled. If no request is received within the 30-day period, the license shall be automatically canceled at the end of that period.(b) If the qualified manager ceases for any reason whatsoever to be connected with the licensee to whom the license is issued, the licensee shall notify the bureau in writing 30 days from this cessation. If the notice of cessation is filed timely, the license shall remain in force for a period of 90 days after cessation or for an additional period, not to exceed one year, as approved by the director, pending the qualification of another qualified manager as provided in this chapter. After the 90-day period or additional period, as approved by the director, the license shall be automatically suspended, unless the bureau receives written notification that the license is under the active charge of a qualified manager. If the licensee fails to notify the bureau within the 30-day period, his or her license shall be automatically suspended and may be reinstated only upon the filing of an application for reinstatement, payment of the reinstatement fee, and the qualification of a qualified manager as provided in this chapter.(c) In the case of the death or disassociation of a partner of an entity licensed as a partnership, the licensee shall notify the bureau, in writing, within 30 days from the death or disassociation of the individual. If notice is given, the license shall remain in force for 90 days following the death or disassociation. At the end of this period the license shall be automatically canceled. If the licensee fails to notify the bureau within the 30-day period, the license shall be automatically canceled.(d) A license extended under this section is subject to all other provisions of this chapter.
575591
576592 7537. (a) In case of the death of a person licensed as an individual, a member of the immediate family of the deceased licensee shall be entitled to continue the business under the same license for 120 days following the death of the licensee, provided that written application for permission is made to the bureau within 30 days following the death of the licensee. At the end of the 120-day period, the license shall be automatically canceled. If no request is received within the 30-day period, the license shall be automatically canceled at the end of that period.(b) If the qualified manager ceases for any reason whatsoever to be connected with the licensee to whom the license is issued, the licensee shall notify the bureau in writing 30 days from this cessation. If the notice of cessation is filed timely, the license shall remain in force for a period of 90 days after cessation or for an additional period, not to exceed one year, as approved by the director, pending the qualification of another qualified manager as provided in this chapter. After the 90-day period or additional period, as approved by the director, the license shall be automatically suspended, unless the bureau receives written notification that the license is under the active charge of a qualified manager. If the licensee fails to notify the bureau within the 30-day period, his or her license shall be automatically suspended and may be reinstated only upon the filing of an application for reinstatement, payment of the reinstatement fee, and the qualification of a qualified manager as provided in this chapter.(c) In the case of the death or disassociation of a partner of an entity licensed as a partnership, the licensee shall notify the bureau, in writing, within 30 days from the death or disassociation of the individual. If notice is given, the license shall remain in force for 90 days following the death or disassociation. At the end of this period the license shall be automatically canceled. If the licensee fails to notify the bureau within the 30-day period, the license shall be automatically canceled.(d) A license extended under this section is subject to all other provisions of this chapter.
577593
578594 7537. (a) In case of the death of a person licensed as an individual, a member of the immediate family of the deceased licensee shall be entitled to continue the business under the same license for 120 days following the death of the licensee, provided that written application for permission is made to the bureau within 30 days following the death of the licensee. At the end of the 120-day period, the license shall be automatically canceled. If no request is received within the 30-day period, the license shall be automatically canceled at the end of that period.(b) If the qualified manager ceases for any reason whatsoever to be connected with the licensee to whom the license is issued, the licensee shall notify the bureau in writing 30 days from this cessation. If the notice of cessation is filed timely, the license shall remain in force for a period of 90 days after cessation or for an additional period, not to exceed one year, as approved by the director, pending the qualification of another qualified manager as provided in this chapter. After the 90-day period or additional period, as approved by the director, the license shall be automatically suspended, unless the bureau receives written notification that the license is under the active charge of a qualified manager. If the licensee fails to notify the bureau within the 30-day period, his or her license shall be automatically suspended and may be reinstated only upon the filing of an application for reinstatement, payment of the reinstatement fee, and the qualification of a qualified manager as provided in this chapter.(c) In the case of the death or disassociation of a partner of an entity licensed as a partnership, the licensee shall notify the bureau, in writing, within 30 days from the death or disassociation of the individual. If notice is given, the license shall remain in force for 90 days following the death or disassociation. At the end of this period the license shall be automatically canceled. If the licensee fails to notify the bureau within the 30-day period, the license shall be automatically canceled.(d) A license extended under this section is subject to all other provisions of this chapter.
579595
580596
581597
582598 7537. (a) In case of the death of a person licensed as an individual, a member of the immediate family of the deceased licensee shall be entitled to continue the business under the same license for 120 days following the death of the licensee, provided that written application for permission is made to the bureau within 30 days following the death of the licensee. At the end of the 120-day period, the license shall be automatically canceled. If no request is received within the 30-day period, the license shall be automatically canceled at the end of that period.
583599
584600 (b) If the qualified manager ceases for any reason whatsoever to be connected with the licensee to whom the license is issued, the licensee shall notify the bureau in writing 30 days from this cessation. If the notice of cessation is filed timely, the license shall remain in force for a period of 90 days after cessation or for an additional period, not to exceed one year, as approved by the director, pending the qualification of another qualified manager as provided in this chapter. After the 90-day period or additional period, as approved by the director, the license shall be automatically suspended, unless the bureau receives written notification that the license is under the active charge of a qualified manager. If the licensee fails to notify the bureau within the 30-day period, his or her license shall be automatically suspended and may be reinstated only upon the filing of an application for reinstatement, payment of the reinstatement fee, and the qualification of a qualified manager as provided in this chapter.
585601
586602 (c) In the case of the death or disassociation of a partner of an entity licensed as a partnership, the licensee shall notify the bureau, in writing, within 30 days from the death or disassociation of the individual. If notice is given, the license shall remain in force for 90 days following the death or disassociation. At the end of this period the license shall be automatically canceled. If the licensee fails to notify the bureau within the 30-day period, the license shall be automatically canceled.
587603
588604 (d) A license extended under this section is subject to all other provisions of this chapter.
589605
590606 SEC. 25. Section 7538 of the Business and Professions Code, as amended by Section 10 of Chapter 669 of the Statutes of 2014, is amended to read:7538. (a) After a hearing the director may deny a license unless the applicant makes a showing satisfactory to the director that the applicant, if an individual, and the applicants qualified manager have not, or, if the applicant is a person other than an individual, that its qualified manager and each of its officers, partners, members, or managers have not:(1) Committed any act that, if committed by a licensee, would be a ground for the suspension or revocation of a license under this chapter.(2) Committed any act constituting dishonesty or fraud.(3) Committed any act or crime constituting grounds for denial of licensure under Section 480, including illegally using, carrying, or possessing a deadly weapon.(4) Been refused a license under this chapter or had a license revoked.(5) Been an officer, partner, qualified manager, member, or manager of any person who has been refused a license under this chapter or whose license has been revoked.(6) While unlicensed committed, or aided and abetted the commission of, any act for which a license is required by this chapter.(7) Knowingly made any false statement in his or her application.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
591607
592608 SEC. 25. Section 7538 of the Business and Professions Code, as amended by Section 10 of Chapter 669 of the Statutes of 2014, is amended to read:
593609
594610 ### SEC. 25.
595611
596612 7538. (a) After a hearing the director may deny a license unless the applicant makes a showing satisfactory to the director that the applicant, if an individual, and the applicants qualified manager have not, or, if the applicant is a person other than an individual, that its qualified manager and each of its officers, partners, members, or managers have not:(1) Committed any act that, if committed by a licensee, would be a ground for the suspension or revocation of a license under this chapter.(2) Committed any act constituting dishonesty or fraud.(3) Committed any act or crime constituting grounds for denial of licensure under Section 480, including illegally using, carrying, or possessing a deadly weapon.(4) Been refused a license under this chapter or had a license revoked.(5) Been an officer, partner, qualified manager, member, or manager of any person who has been refused a license under this chapter or whose license has been revoked.(6) While unlicensed committed, or aided and abetted the commission of, any act for which a license is required by this chapter.(7) Knowingly made any false statement in his or her application.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
597613
598614 7538. (a) After a hearing the director may deny a license unless the applicant makes a showing satisfactory to the director that the applicant, if an individual, and the applicants qualified manager have not, or, if the applicant is a person other than an individual, that its qualified manager and each of its officers, partners, members, or managers have not:(1) Committed any act that, if committed by a licensee, would be a ground for the suspension or revocation of a license under this chapter.(2) Committed any act constituting dishonesty or fraud.(3) Committed any act or crime constituting grounds for denial of licensure under Section 480, including illegally using, carrying, or possessing a deadly weapon.(4) Been refused a license under this chapter or had a license revoked.(5) Been an officer, partner, qualified manager, member, or manager of any person who has been refused a license under this chapter or whose license has been revoked.(6) While unlicensed committed, or aided and abetted the commission of, any act for which a license is required by this chapter.(7) Knowingly made any false statement in his or her application.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
599615
600616 7538. (a) After a hearing the director may deny a license unless the applicant makes a showing satisfactory to the director that the applicant, if an individual, and the applicants qualified manager have not, or, if the applicant is a person other than an individual, that its qualified manager and each of its officers, partners, members, or managers have not:(1) Committed any act that, if committed by a licensee, would be a ground for the suspension or revocation of a license under this chapter.(2) Committed any act constituting dishonesty or fraud.(3) Committed any act or crime constituting grounds for denial of licensure under Section 480, including illegally using, carrying, or possessing a deadly weapon.(4) Been refused a license under this chapter or had a license revoked.(5) Been an officer, partner, qualified manager, member, or manager of any person who has been refused a license under this chapter or whose license has been revoked.(6) While unlicensed committed, or aided and abetted the commission of, any act for which a license is required by this chapter.(7) Knowingly made any false statement in his or her application.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
601617
602618
603619
604620 7538. (a) After a hearing the director may deny a license unless the applicant makes a showing satisfactory to the director that the applicant, if an individual, and the applicants qualified manager have not, or, if the applicant is a person other than an individual, that its qualified manager and each of its officers, partners, members, or managers have not:
605621
606622 (1) Committed any act that, if committed by a licensee, would be a ground for the suspension or revocation of a license under this chapter.
607623
608624 (2) Committed any act constituting dishonesty or fraud.
609625
610626 (3) Committed any act or crime constituting grounds for denial of licensure under Section 480, including illegally using, carrying, or possessing a deadly weapon.
611627
612628 (4) Been refused a license under this chapter or had a license revoked.
613629
614630 (5) Been an officer, partner, qualified manager, member, or manager of any person who has been refused a license under this chapter or whose license has been revoked.
615631
616632 (6) While unlicensed committed, or aided and abetted the commission of, any act for which a license is required by this chapter.
617633
618634 (7) Knowingly made any false statement in his or her application.
619635
620636 (b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
621637
622638 SEC. 26. Section 7538 of the Business and Professions Code, as added by Section 11 of Chapter 669 of the Statutes of 2014, is amended to read:7538. (a) After a hearing the director may deny a license unless the applicant makes a showing satisfactory to the director that the applicant, if an individual, and the applicants qualified manager have not, or, if the applicant is a person other than an individual, that its qualified manager and each of its officers and partners have not:(1) Committed any act that, if committed by a licensee, would be a ground for the suspension or revocation of a license under this chapter.(2) Committed any act constituting dishonesty or fraud.(3) Committed any act or crime constituting grounds for denial of licensure under Section 480, including illegally using, carrying, or possessing a deadly weapon.(4) Been refused a license under this chapter or had a license revoked.(5) Been an officer, partner, or qualified manager of any person who has been refused a license under this chapter or whose license has been revoked.(6) While unlicensed committed, or aided and abetted the commission of, any act for which a license is required by this chapter.(7) Knowingly made any false statement in his or her application.(b) This section shall become operative on January 1, 2021.
623639
624640 SEC. 26. Section 7538 of the Business and Professions Code, as added by Section 11 of Chapter 669 of the Statutes of 2014, is amended to read:
625641
626642 ### SEC. 26.
627643
628644 7538. (a) After a hearing the director may deny a license unless the applicant makes a showing satisfactory to the director that the applicant, if an individual, and the applicants qualified manager have not, or, if the applicant is a person other than an individual, that its qualified manager and each of its officers and partners have not:(1) Committed any act that, if committed by a licensee, would be a ground for the suspension or revocation of a license under this chapter.(2) Committed any act constituting dishonesty or fraud.(3) Committed any act or crime constituting grounds for denial of licensure under Section 480, including illegally using, carrying, or possessing a deadly weapon.(4) Been refused a license under this chapter or had a license revoked.(5) Been an officer, partner, or qualified manager of any person who has been refused a license under this chapter or whose license has been revoked.(6) While unlicensed committed, or aided and abetted the commission of, any act for which a license is required by this chapter.(7) Knowingly made any false statement in his or her application.(b) This section shall become operative on January 1, 2021.
629645
630646 7538. (a) After a hearing the director may deny a license unless the applicant makes a showing satisfactory to the director that the applicant, if an individual, and the applicants qualified manager have not, or, if the applicant is a person other than an individual, that its qualified manager and each of its officers and partners have not:(1) Committed any act that, if committed by a licensee, would be a ground for the suspension or revocation of a license under this chapter.(2) Committed any act constituting dishonesty or fraud.(3) Committed any act or crime constituting grounds for denial of licensure under Section 480, including illegally using, carrying, or possessing a deadly weapon.(4) Been refused a license under this chapter or had a license revoked.(5) Been an officer, partner, or qualified manager of any person who has been refused a license under this chapter or whose license has been revoked.(6) While unlicensed committed, or aided and abetted the commission of, any act for which a license is required by this chapter.(7) Knowingly made any false statement in his or her application.(b) This section shall become operative on January 1, 2021.
631647
632648 7538. (a) After a hearing the director may deny a license unless the applicant makes a showing satisfactory to the director that the applicant, if an individual, and the applicants qualified manager have not, or, if the applicant is a person other than an individual, that its qualified manager and each of its officers and partners have not:(1) Committed any act that, if committed by a licensee, would be a ground for the suspension or revocation of a license under this chapter.(2) Committed any act constituting dishonesty or fraud.(3) Committed any act or crime constituting grounds for denial of licensure under Section 480, including illegally using, carrying, or possessing a deadly weapon.(4) Been refused a license under this chapter or had a license revoked.(5) Been an officer, partner, or qualified manager of any person who has been refused a license under this chapter or whose license has been revoked.(6) While unlicensed committed, or aided and abetted the commission of, any act for which a license is required by this chapter.(7) Knowingly made any false statement in his or her application.(b) This section shall become operative on January 1, 2021.
633649
634650
635651
636652 7538. (a) After a hearing the director may deny a license unless the applicant makes a showing satisfactory to the director that the applicant, if an individual, and the applicants qualified manager have not, or, if the applicant is a person other than an individual, that its qualified manager and each of its officers and partners have not:
637653
638654 (1) Committed any act that, if committed by a licensee, would be a ground for the suspension or revocation of a license under this chapter.
639655
640656 (2) Committed any act constituting dishonesty or fraud.
641657
642658 (3) Committed any act or crime constituting grounds for denial of licensure under Section 480, including illegally using, carrying, or possessing a deadly weapon.
643659
644660 (4) Been refused a license under this chapter or had a license revoked.
645661
646662 (5) Been an officer, partner, or qualified manager of any person who has been refused a license under this chapter or whose license has been revoked.
647663
648664 (6) While unlicensed committed, or aided and abetted the commission of, any act for which a license is required by this chapter.
649665
650666 (7) Knowingly made any false statement in his or her application.
651667
652668 (b) This section shall become operative on January 1, 2021.
653669
654670 SEC. 27. Section 7538.5 of the Business and Professions Code, as amended by Section 12 of Chapter 669 of the Statutes of 2014, is amended to read:7538.5. (a) The director may refuse to issue any license provided for in this chapter to any of the following:(1) An individual who has had any license revoked, has a license currently under suspension, or failed to renew his or her license while under suspension.(2) An individual who, while acting as a partner of a partnership, an officer or director of a corporation, or a member, manager, or officer of a limited liability company, had his or her license revoked, has a license currently under suspension, or failed to renew his or her license while under suspension.(3) An individual who, while acting as a partner of the partnership, an officer, director of the corporation, or a member, manager, or officer of a limited liability company meets both of the following conditions:(A) He or she was a partner of any partnership, an officer or director of any corporation, or a member, manager, or officer of any limited liability company whose license was revoked, is currently under suspension, or was not renewed while under suspension.(B) While acting as a partner, officer, director, member, or manager, he or she participated in any of the prohibited acts for which the license was revoked or suspended.(4) An individual who is serving or has served as the qualified manager for any licensee that has had its license revoked, is currently under suspension, or failed to renew while under suspension.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
655671
656672 SEC. 27. Section 7538.5 of the Business and Professions Code, as amended by Section 12 of Chapter 669 of the Statutes of 2014, is amended to read:
657673
658674 ### SEC. 27.
659675
660676 7538.5. (a) The director may refuse to issue any license provided for in this chapter to any of the following:(1) An individual who has had any license revoked, has a license currently under suspension, or failed to renew his or her license while under suspension.(2) An individual who, while acting as a partner of a partnership, an officer or director of a corporation, or a member, manager, or officer of a limited liability company, had his or her license revoked, has a license currently under suspension, or failed to renew his or her license while under suspension.(3) An individual who, while acting as a partner of the partnership, an officer, director of the corporation, or a member, manager, or officer of a limited liability company meets both of the following conditions:(A) He or she was a partner of any partnership, an officer or director of any corporation, or a member, manager, or officer of any limited liability company whose license was revoked, is currently under suspension, or was not renewed while under suspension.(B) While acting as a partner, officer, director, member, or manager, he or she participated in any of the prohibited acts for which the license was revoked or suspended.(4) An individual who is serving or has served as the qualified manager for any licensee that has had its license revoked, is currently under suspension, or failed to renew while under suspension.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
661677
662678 7538.5. (a) The director may refuse to issue any license provided for in this chapter to any of the following:(1) An individual who has had any license revoked, has a license currently under suspension, or failed to renew his or her license while under suspension.(2) An individual who, while acting as a partner of a partnership, an officer or director of a corporation, or a member, manager, or officer of a limited liability company, had his or her license revoked, has a license currently under suspension, or failed to renew his or her license while under suspension.(3) An individual who, while acting as a partner of the partnership, an officer, director of the corporation, or a member, manager, or officer of a limited liability company meets both of the following conditions:(A) He or she was a partner of any partnership, an officer or director of any corporation, or a member, manager, or officer of any limited liability company whose license was revoked, is currently under suspension, or was not renewed while under suspension.(B) While acting as a partner, officer, director, member, or manager, he or she participated in any of the prohibited acts for which the license was revoked or suspended.(4) An individual who is serving or has served as the qualified manager for any licensee that has had its license revoked, is currently under suspension, or failed to renew while under suspension.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
663679
664680 7538.5. (a) The director may refuse to issue any license provided for in this chapter to any of the following:(1) An individual who has had any license revoked, has a license currently under suspension, or failed to renew his or her license while under suspension.(2) An individual who, while acting as a partner of a partnership, an officer or director of a corporation, or a member, manager, or officer of a limited liability company, had his or her license revoked, has a license currently under suspension, or failed to renew his or her license while under suspension.(3) An individual who, while acting as a partner of the partnership, an officer, director of the corporation, or a member, manager, or officer of a limited liability company meets both of the following conditions:(A) He or she was a partner of any partnership, an officer or director of any corporation, or a member, manager, or officer of any limited liability company whose license was revoked, is currently under suspension, or was not renewed while under suspension.(B) While acting as a partner, officer, director, member, or manager, he or she participated in any of the prohibited acts for which the license was revoked or suspended.(4) An individual who is serving or has served as the qualified manager for any licensee that has had its license revoked, is currently under suspension, or failed to renew while under suspension.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
665681
666682
667683
668684 7538.5. (a) The director may refuse to issue any license provided for in this chapter to any of the following:
669685
670686 (1) An individual who has had any license revoked, has a license currently under suspension, or failed to renew his or her license while under suspension.
671687
672688 (2) An individual who, while acting as a partner of a partnership, an officer or director of a corporation, or a member, manager, or officer of a limited liability company, had his or her license revoked, has a license currently under suspension, or failed to renew his or her license while under suspension.
673689
674690 (3) An individual who, while acting as a partner of the partnership, an officer, director of the corporation, or a member, manager, or officer of a limited liability company meets both of the following conditions:
675691
676692 (A) He or she was a partner of any partnership, an officer or director of any corporation, or a member, manager, or officer of any limited liability company whose license was revoked, is currently under suspension, or was not renewed while under suspension.
677693
678694 (B) While acting as a partner, officer, director, member, or manager, he or she participated in any of the prohibited acts for which the license was revoked or suspended.
679695
680696 (4) An individual who is serving or has served as the qualified manager for any licensee that has had its license revoked, is currently under suspension, or failed to renew while under suspension.
681697
682698 (b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
683699
684700 SEC. 28. Section 7538.5 of the Business and Professions Code, as added by Section 13 of Chapter 669 of the Statutes of 2014, is amended to read:7538.5. (a) The director may refuse to issue any license provided for in this chapter to any of the following:(1) An individual who has had any license revoked, has a license currently under suspension, or failed to renew his or her license while under suspension.(2) An individual who, while acting as a partner of a partnership, or an officer or director of a corporation, had his or her license revoked, has a license currently under suspension, or failed to renew his or her license while under suspension.(3) A person who, while acting as a partner of the partnership, or an officer or director of the corporation, meets both of the following conditions:(A) He or she was a partner of any partnership, or an officer or director of any corporation, whose license was revoked, is currently under suspension, or was not renewed while under suspension.(B) He or she, while acting as a partner, officer, or director, participated in any of the prohibited acts for which the license was revoked or suspended.(4) An individual who is serving or has served as the qualified manager for any licensee that has had its license revoked, is currently under suspension, or failed to renew while under suspension.(b) This section shall become operative on January 1, 2021.
685701
686702 SEC. 28. Section 7538.5 of the Business and Professions Code, as added by Section 13 of Chapter 669 of the Statutes of 2014, is amended to read:
687703
688704 ### SEC. 28.
689705
690706 7538.5. (a) The director may refuse to issue any license provided for in this chapter to any of the following:(1) An individual who has had any license revoked, has a license currently under suspension, or failed to renew his or her license while under suspension.(2) An individual who, while acting as a partner of a partnership, or an officer or director of a corporation, had his or her license revoked, has a license currently under suspension, or failed to renew his or her license while under suspension.(3) A person who, while acting as a partner of the partnership, or an officer or director of the corporation, meets both of the following conditions:(A) He or she was a partner of any partnership, or an officer or director of any corporation, whose license was revoked, is currently under suspension, or was not renewed while under suspension.(B) He or she, while acting as a partner, officer, or director, participated in any of the prohibited acts for which the license was revoked or suspended.(4) An individual who is serving or has served as the qualified manager for any licensee that has had its license revoked, is currently under suspension, or failed to renew while under suspension.(b) This section shall become operative on January 1, 2021.
691707
692708 7538.5. (a) The director may refuse to issue any license provided for in this chapter to any of the following:(1) An individual who has had any license revoked, has a license currently under suspension, or failed to renew his or her license while under suspension.(2) An individual who, while acting as a partner of a partnership, or an officer or director of a corporation, had his or her license revoked, has a license currently under suspension, or failed to renew his or her license while under suspension.(3) A person who, while acting as a partner of the partnership, or an officer or director of the corporation, meets both of the following conditions:(A) He or she was a partner of any partnership, or an officer or director of any corporation, whose license was revoked, is currently under suspension, or was not renewed while under suspension.(B) He or she, while acting as a partner, officer, or director, participated in any of the prohibited acts for which the license was revoked or suspended.(4) An individual who is serving or has served as the qualified manager for any licensee that has had its license revoked, is currently under suspension, or failed to renew while under suspension.(b) This section shall become operative on January 1, 2021.
693709
694710 7538.5. (a) The director may refuse to issue any license provided for in this chapter to any of the following:(1) An individual who has had any license revoked, has a license currently under suspension, or failed to renew his or her license while under suspension.(2) An individual who, while acting as a partner of a partnership, or an officer or director of a corporation, had his or her license revoked, has a license currently under suspension, or failed to renew his or her license while under suspension.(3) A person who, while acting as a partner of the partnership, or an officer or director of the corporation, meets both of the following conditions:(A) He or she was a partner of any partnership, or an officer or director of any corporation, whose license was revoked, is currently under suspension, or was not renewed while under suspension.(B) He or she, while acting as a partner, officer, or director, participated in any of the prohibited acts for which the license was revoked or suspended.(4) An individual who is serving or has served as the qualified manager for any licensee that has had its license revoked, is currently under suspension, or failed to renew while under suspension.(b) This section shall become operative on January 1, 2021.
695711
696712
697713
698714 7538.5. (a) The director may refuse to issue any license provided for in this chapter to any of the following:
699715
700716 (1) An individual who has had any license revoked, has a license currently under suspension, or failed to renew his or her license while under suspension.
701717
702718 (2) An individual who, while acting as a partner of a partnership, or an officer or director of a corporation, had his or her license revoked, has a license currently under suspension, or failed to renew his or her license while under suspension.
703719
704720 (3) A person who, while acting as a partner of the partnership, or an officer or director of the corporation, meets both of the following conditions:
705721
706722 (A) He or she was a partner of any partnership, or an officer or director of any corporation, whose license was revoked, is currently under suspension, or was not renewed while under suspension.
707723
708724 (B) He or she, while acting as a partner, officer, or director, participated in any of the prohibited acts for which the license was revoked or suspended.
709725
710726 (4) An individual who is serving or has served as the qualified manager for any licensee that has had its license revoked, is currently under suspension, or failed to renew while under suspension.
711727
712728 (b) This section shall become operative on January 1, 2021.
713729
714730 SEC. 29. Section 7539 of the Business and Professions Code, as amended by Section 14 of Chapter 669 of the Statutes of 2014, is amended to read:7539. (a) Any licensee or officer, director, partner, member, manager, or qualified manager of a licensee may divulge to any law enforcement officer or district attorney, or his or her representative, any information he or she may acquire as to any criminal offense, but he or she shall not divulge to any other person, except as otherwise required by law, any information acquired by him or her except at the direction of the employer or client for whom the information was obtained.(b) A licensee or officer, director, partner, member, manager, qualified manager, or employee of a licensee shall not knowingly make any false report to his or her employer or client for whom information was being obtained.(c) A written report shall not be submitted to a client except by the licensee, qualified manager, or a person authorized by one or either of them, and the person submitting the report shall exercise diligence in ascertaining whether or not the facts and information in the report are true and correct.(d) A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee shall not use a badge in connection with the official activities of the licensees business.(e) A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee, shall not use a title, or wear a uniform, or use an insignia, or use an identification card, or make any statement with the intent to give an impression that he or she is connected in any way with the federal government, a state government, or any political subdivision of a state government.(f) A licensee, or officer, partner, manager, member, qualified manager, or employee of a licensee shall not use any identification to indicate that he or she is licensed as a private investigator other than the official identification card issued by the bureau or the business card regularly used by the business. However, a licensee may issue an employer identification card.(g) A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee, shall not enter any private building or portion thereof, except premises commonly accessible to the public, without the consent of the owner or of the person in legal possession thereof.(h) A licensee shall not permit an employee or agent in his or her own name to advertise, engage clients, furnish reports or present bills to clients, or in any manner conduct business for which a license is required under this chapter. All business of the licensee shall be conducted in the name of and under the control of the licensee.(i) A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee shall not knowingly and directly solicit employment from any person who has directly sustained bodily injury or from that persons spouse or other family member to obtain authorization on behalf of the injured person as an investigator to investigate the accident or act that resulted in injury or death to that person or damage to the property of that person. Nothing in this subdivision shall prohibit the soliciting of employment from that injured persons attorney, insurance company, self-insured administrator, insurance adjuster, employer, or any other person having an indirect interest in the investigation of the injury. This subdivision shall not apply to any business agent or attorney employed by a labor organization. A licensee, or officer, director, partner, manager, member, or qualified manager of a licensee shall not pay or compensate any of his or her employees or agents on the basis of a bonus, bounty, or quota system whereby a premium is placed on the number of employer or client rule violations or infractions purportedly discovered as a result of any investigation made by a licensee.(j) A licensee shall not use a fictitious business name in connection with the official activities of the licensees business, except as provided by the bureau.(k) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
715731
716732 SEC. 29. Section 7539 of the Business and Professions Code, as amended by Section 14 of Chapter 669 of the Statutes of 2014, is amended to read:
717733
718734 ### SEC. 29.
719735
720736 7539. (a) Any licensee or officer, director, partner, member, manager, or qualified manager of a licensee may divulge to any law enforcement officer or district attorney, or his or her representative, any information he or she may acquire as to any criminal offense, but he or she shall not divulge to any other person, except as otherwise required by law, any information acquired by him or her except at the direction of the employer or client for whom the information was obtained.(b) A licensee or officer, director, partner, member, manager, qualified manager, or employee of a licensee shall not knowingly make any false report to his or her employer or client for whom information was being obtained.(c) A written report shall not be submitted to a client except by the licensee, qualified manager, or a person authorized by one or either of them, and the person submitting the report shall exercise diligence in ascertaining whether or not the facts and information in the report are true and correct.(d) A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee shall not use a badge in connection with the official activities of the licensees business.(e) A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee, shall not use a title, or wear a uniform, or use an insignia, or use an identification card, or make any statement with the intent to give an impression that he or she is connected in any way with the federal government, a state government, or any political subdivision of a state government.(f) A licensee, or officer, partner, manager, member, qualified manager, or employee of a licensee shall not use any identification to indicate that he or she is licensed as a private investigator other than the official identification card issued by the bureau or the business card regularly used by the business. However, a licensee may issue an employer identification card.(g) A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee, shall not enter any private building or portion thereof, except premises commonly accessible to the public, without the consent of the owner or of the person in legal possession thereof.(h) A licensee shall not permit an employee or agent in his or her own name to advertise, engage clients, furnish reports or present bills to clients, or in any manner conduct business for which a license is required under this chapter. All business of the licensee shall be conducted in the name of and under the control of the licensee.(i) A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee shall not knowingly and directly solicit employment from any person who has directly sustained bodily injury or from that persons spouse or other family member to obtain authorization on behalf of the injured person as an investigator to investigate the accident or act that resulted in injury or death to that person or damage to the property of that person. Nothing in this subdivision shall prohibit the soliciting of employment from that injured persons attorney, insurance company, self-insured administrator, insurance adjuster, employer, or any other person having an indirect interest in the investigation of the injury. This subdivision shall not apply to any business agent or attorney employed by a labor organization. A licensee, or officer, director, partner, manager, member, or qualified manager of a licensee shall not pay or compensate any of his or her employees or agents on the basis of a bonus, bounty, or quota system whereby a premium is placed on the number of employer or client rule violations or infractions purportedly discovered as a result of any investigation made by a licensee.(j) A licensee shall not use a fictitious business name in connection with the official activities of the licensees business, except as provided by the bureau.(k) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
721737
722738 7539. (a) Any licensee or officer, director, partner, member, manager, or qualified manager of a licensee may divulge to any law enforcement officer or district attorney, or his or her representative, any information he or she may acquire as to any criminal offense, but he or she shall not divulge to any other person, except as otherwise required by law, any information acquired by him or her except at the direction of the employer or client for whom the information was obtained.(b) A licensee or officer, director, partner, member, manager, qualified manager, or employee of a licensee shall not knowingly make any false report to his or her employer or client for whom information was being obtained.(c) A written report shall not be submitted to a client except by the licensee, qualified manager, or a person authorized by one or either of them, and the person submitting the report shall exercise diligence in ascertaining whether or not the facts and information in the report are true and correct.(d) A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee shall not use a badge in connection with the official activities of the licensees business.(e) A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee, shall not use a title, or wear a uniform, or use an insignia, or use an identification card, or make any statement with the intent to give an impression that he or she is connected in any way with the federal government, a state government, or any political subdivision of a state government.(f) A licensee, or officer, partner, manager, member, qualified manager, or employee of a licensee shall not use any identification to indicate that he or she is licensed as a private investigator other than the official identification card issued by the bureau or the business card regularly used by the business. However, a licensee may issue an employer identification card.(g) A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee, shall not enter any private building or portion thereof, except premises commonly accessible to the public, without the consent of the owner or of the person in legal possession thereof.(h) A licensee shall not permit an employee or agent in his or her own name to advertise, engage clients, furnish reports or present bills to clients, or in any manner conduct business for which a license is required under this chapter. All business of the licensee shall be conducted in the name of and under the control of the licensee.(i) A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee shall not knowingly and directly solicit employment from any person who has directly sustained bodily injury or from that persons spouse or other family member to obtain authorization on behalf of the injured person as an investigator to investigate the accident or act that resulted in injury or death to that person or damage to the property of that person. Nothing in this subdivision shall prohibit the soliciting of employment from that injured persons attorney, insurance company, self-insured administrator, insurance adjuster, employer, or any other person having an indirect interest in the investigation of the injury. This subdivision shall not apply to any business agent or attorney employed by a labor organization. A licensee, or officer, director, partner, manager, member, or qualified manager of a licensee shall not pay or compensate any of his or her employees or agents on the basis of a bonus, bounty, or quota system whereby a premium is placed on the number of employer or client rule violations or infractions purportedly discovered as a result of any investigation made by a licensee.(j) A licensee shall not use a fictitious business name in connection with the official activities of the licensees business, except as provided by the bureau.(k) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
723739
724740 7539. (a) Any licensee or officer, director, partner, member, manager, or qualified manager of a licensee may divulge to any law enforcement officer or district attorney, or his or her representative, any information he or she may acquire as to any criminal offense, but he or she shall not divulge to any other person, except as otherwise required by law, any information acquired by him or her except at the direction of the employer or client for whom the information was obtained.(b) A licensee or officer, director, partner, member, manager, qualified manager, or employee of a licensee shall not knowingly make any false report to his or her employer or client for whom information was being obtained.(c) A written report shall not be submitted to a client except by the licensee, qualified manager, or a person authorized by one or either of them, and the person submitting the report shall exercise diligence in ascertaining whether or not the facts and information in the report are true and correct.(d) A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee shall not use a badge in connection with the official activities of the licensees business.(e) A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee, shall not use a title, or wear a uniform, or use an insignia, or use an identification card, or make any statement with the intent to give an impression that he or she is connected in any way with the federal government, a state government, or any political subdivision of a state government.(f) A licensee, or officer, partner, manager, member, qualified manager, or employee of a licensee shall not use any identification to indicate that he or she is licensed as a private investigator other than the official identification card issued by the bureau or the business card regularly used by the business. However, a licensee may issue an employer identification card.(g) A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee, shall not enter any private building or portion thereof, except premises commonly accessible to the public, without the consent of the owner or of the person in legal possession thereof.(h) A licensee shall not permit an employee or agent in his or her own name to advertise, engage clients, furnish reports or present bills to clients, or in any manner conduct business for which a license is required under this chapter. All business of the licensee shall be conducted in the name of and under the control of the licensee.(i) A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee shall not knowingly and directly solicit employment from any person who has directly sustained bodily injury or from that persons spouse or other family member to obtain authorization on behalf of the injured person as an investigator to investigate the accident or act that resulted in injury or death to that person or damage to the property of that person. Nothing in this subdivision shall prohibit the soliciting of employment from that injured persons attorney, insurance company, self-insured administrator, insurance adjuster, employer, or any other person having an indirect interest in the investigation of the injury. This subdivision shall not apply to any business agent or attorney employed by a labor organization. A licensee, or officer, director, partner, manager, member, or qualified manager of a licensee shall not pay or compensate any of his or her employees or agents on the basis of a bonus, bounty, or quota system whereby a premium is placed on the number of employer or client rule violations or infractions purportedly discovered as a result of any investigation made by a licensee.(j) A licensee shall not use a fictitious business name in connection with the official activities of the licensees business, except as provided by the bureau.(k) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
725741
726742
727743
728744 7539. (a) Any licensee or officer, director, partner, member, manager, or qualified manager of a licensee may divulge to any law enforcement officer or district attorney, or his or her representative, any information he or she may acquire as to any criminal offense, but he or she shall not divulge to any other person, except as otherwise required by law, any information acquired by him or her except at the direction of the employer or client for whom the information was obtained.
729745
730746 (b) A licensee or officer, director, partner, member, manager, qualified manager, or employee of a licensee shall not knowingly make any false report to his or her employer or client for whom information was being obtained.
731747
732748 (c) A written report shall not be submitted to a client except by the licensee, qualified manager, or a person authorized by one or either of them, and the person submitting the report shall exercise diligence in ascertaining whether or not the facts and information in the report are true and correct.
733749
734750 (d) A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee shall not use a badge in connection with the official activities of the licensees business.
735751
736752 (e) A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee, shall not use a title, or wear a uniform, or use an insignia, or use an identification card, or make any statement with the intent to give an impression that he or she is connected in any way with the federal government, a state government, or any political subdivision of a state government.
737753
738754 (f) A licensee, or officer, partner, manager, member, qualified manager, or employee of a licensee shall not use any identification to indicate that he or she is licensed as a private investigator other than the official identification card issued by the bureau or the business card regularly used by the business. However, a licensee may issue an employer identification card.
739755
740756 (g) A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee, shall not enter any private building or portion thereof, except premises commonly accessible to the public, without the consent of the owner or of the person in legal possession thereof.
741757
742758 (h) A licensee shall not permit an employee or agent in his or her own name to advertise, engage clients, furnish reports or present bills to clients, or in any manner conduct business for which a license is required under this chapter. All business of the licensee shall be conducted in the name of and under the control of the licensee.
743759
744760 (i) A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee shall not knowingly and directly solicit employment from any person who has directly sustained bodily injury or from that persons spouse or other family member to obtain authorization on behalf of the injured person as an investigator to investigate the accident or act that resulted in injury or death to that person or damage to the property of that person. Nothing in this subdivision shall prohibit the soliciting of employment from that injured persons attorney, insurance company, self-insured administrator, insurance adjuster, employer, or any other person having an indirect interest in the investigation of the injury. This subdivision shall not apply to any business agent or attorney employed by a labor organization. A licensee, or officer, director, partner, manager, member, or qualified manager of a licensee shall not pay or compensate any of his or her employees or agents on the basis of a bonus, bounty, or quota system whereby a premium is placed on the number of employer or client rule violations or infractions purportedly discovered as a result of any investigation made by a licensee.
745761
746762 (j) A licensee shall not use a fictitious business name in connection with the official activities of the licensees business, except as provided by the bureau.
747763
748764 (k) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
749765
750766 SEC. 30. Section 7539 of the Business and Professions Code, as added by Section 15 of Chapter 669 of the Statutes of 2014, is amended to read:7539. (a) Any licensee or officer, director, partner, or qualified manager of a licensee may divulge to any law enforcement officer or district attorney, or his or her representative, any information he or she may acquire as to any criminal offense, but he or she shall not divulge to any other person, except as otherwise required by law, any information acquired by him or her except at the direction of the employer or client for whom the information was obtained.(b) A licensee or officer, director, partner, qualified manager, or employee of a licensee shall not knowingly make any false report to his or her employer or client for whom information was being obtained.(c) A written report shall not be submitted to a client except by the licensee, qualified manager, or a person authorized by one or either of them, and the person submitting the report shall exercise diligence in ascertaining whether or not the facts and information in the report are true and correct.(d) A licensee, or officer, director, partner, qualified manager, or employee of a licensee shall not use a badge in connection with the official activities of the licensees business.(e) A licensee, or officer, director, partner, qualified manager, or employee of a licensee, shall not use a title, or wear a uniform, or use an insignia, or use an identification card, or make any statement with the intent to give an impression that he or she is connected in any way with the federal government, a state government, or any political subdivision of a state government.(f) A licensee, or officer, partner, qualified manager, or employee of a licensee shall not use any identification to indicate that he or she is licensed as a private investigator other than the official identification card issued by the bureau or the business card regularly used by the business. However, a licensee may issue an employer identification card.(g) A licensee, or officer, director, partner, qualified manager, or employee of a licensee, shall not enter any private building or portion thereof, except premises commonly accessible to the public, without the consent of the owner or of the person in legal possession thereof.(h) A licensee shall not permit an employee or agent in his or her own name to advertise, engage clients, furnish reports or present bills to clients, or in any manner conduct business for which a license is required under this chapter. All business of the licensee shall be conducted in the name of and under the control of the licensee.(i) A licensee, officer, director, partner, qualified manager, or employee of a licensee shall not knowingly and directly solicit employment from any person who has directly sustained bodily injury or from that persons spouse or other family member to obtain authorization on behalf of the injured person as an investigator to investigate the accident or act that resulted in injury or death to that person or damage to the property of that person. Nothing in this subdivision shall prohibit the soliciting of employment from that injured persons attorney, insurance company, self-insured administrator, insurance adjuster, employer, or any other person having an indirect interest in the investigation of the injury. This subdivision shall not apply to any business agent or attorney employed by a labor organization. A licensee, officer, director, partner, or qualified manager of a licensee shall not pay or compensate any of his or her employees or agents on the basis of a bonus, bounty, or quota system whereby a premium is placed on the number of employer or client rule violations or infractions purportedly discovered as a result of any investigation made by a licensee.(j) A licensee shall not use a fictitious business name in connection with the official activities of the licensees business, except as provided by the bureau.(k) This section shall become operative on January 1, 2021.
751767
752768 SEC. 30. Section 7539 of the Business and Professions Code, as added by Section 15 of Chapter 669 of the Statutes of 2014, is amended to read:
753769
754770 ### SEC. 30.
755771
756772 7539. (a) Any licensee or officer, director, partner, or qualified manager of a licensee may divulge to any law enforcement officer or district attorney, or his or her representative, any information he or she may acquire as to any criminal offense, but he or she shall not divulge to any other person, except as otherwise required by law, any information acquired by him or her except at the direction of the employer or client for whom the information was obtained.(b) A licensee or officer, director, partner, qualified manager, or employee of a licensee shall not knowingly make any false report to his or her employer or client for whom information was being obtained.(c) A written report shall not be submitted to a client except by the licensee, qualified manager, or a person authorized by one or either of them, and the person submitting the report shall exercise diligence in ascertaining whether or not the facts and information in the report are true and correct.(d) A licensee, or officer, director, partner, qualified manager, or employee of a licensee shall not use a badge in connection with the official activities of the licensees business.(e) A licensee, or officer, director, partner, qualified manager, or employee of a licensee, shall not use a title, or wear a uniform, or use an insignia, or use an identification card, or make any statement with the intent to give an impression that he or she is connected in any way with the federal government, a state government, or any political subdivision of a state government.(f) A licensee, or officer, partner, qualified manager, or employee of a licensee shall not use any identification to indicate that he or she is licensed as a private investigator other than the official identification card issued by the bureau or the business card regularly used by the business. However, a licensee may issue an employer identification card.(g) A licensee, or officer, director, partner, qualified manager, or employee of a licensee, shall not enter any private building or portion thereof, except premises commonly accessible to the public, without the consent of the owner or of the person in legal possession thereof.(h) A licensee shall not permit an employee or agent in his or her own name to advertise, engage clients, furnish reports or present bills to clients, or in any manner conduct business for which a license is required under this chapter. All business of the licensee shall be conducted in the name of and under the control of the licensee.(i) A licensee, officer, director, partner, qualified manager, or employee of a licensee shall not knowingly and directly solicit employment from any person who has directly sustained bodily injury or from that persons spouse or other family member to obtain authorization on behalf of the injured person as an investigator to investigate the accident or act that resulted in injury or death to that person or damage to the property of that person. Nothing in this subdivision shall prohibit the soliciting of employment from that injured persons attorney, insurance company, self-insured administrator, insurance adjuster, employer, or any other person having an indirect interest in the investigation of the injury. This subdivision shall not apply to any business agent or attorney employed by a labor organization. A licensee, officer, director, partner, or qualified manager of a licensee shall not pay or compensate any of his or her employees or agents on the basis of a bonus, bounty, or quota system whereby a premium is placed on the number of employer or client rule violations or infractions purportedly discovered as a result of any investigation made by a licensee.(j) A licensee shall not use a fictitious business name in connection with the official activities of the licensees business, except as provided by the bureau.(k) This section shall become operative on January 1, 2021.
757773
758774 7539. (a) Any licensee or officer, director, partner, or qualified manager of a licensee may divulge to any law enforcement officer or district attorney, or his or her representative, any information he or she may acquire as to any criminal offense, but he or she shall not divulge to any other person, except as otherwise required by law, any information acquired by him or her except at the direction of the employer or client for whom the information was obtained.(b) A licensee or officer, director, partner, qualified manager, or employee of a licensee shall not knowingly make any false report to his or her employer or client for whom information was being obtained.(c) A written report shall not be submitted to a client except by the licensee, qualified manager, or a person authorized by one or either of them, and the person submitting the report shall exercise diligence in ascertaining whether or not the facts and information in the report are true and correct.(d) A licensee, or officer, director, partner, qualified manager, or employee of a licensee shall not use a badge in connection with the official activities of the licensees business.(e) A licensee, or officer, director, partner, qualified manager, or employee of a licensee, shall not use a title, or wear a uniform, or use an insignia, or use an identification card, or make any statement with the intent to give an impression that he or she is connected in any way with the federal government, a state government, or any political subdivision of a state government.(f) A licensee, or officer, partner, qualified manager, or employee of a licensee shall not use any identification to indicate that he or she is licensed as a private investigator other than the official identification card issued by the bureau or the business card regularly used by the business. However, a licensee may issue an employer identification card.(g) A licensee, or officer, director, partner, qualified manager, or employee of a licensee, shall not enter any private building or portion thereof, except premises commonly accessible to the public, without the consent of the owner or of the person in legal possession thereof.(h) A licensee shall not permit an employee or agent in his or her own name to advertise, engage clients, furnish reports or present bills to clients, or in any manner conduct business for which a license is required under this chapter. All business of the licensee shall be conducted in the name of and under the control of the licensee.(i) A licensee, officer, director, partner, qualified manager, or employee of a licensee shall not knowingly and directly solicit employment from any person who has directly sustained bodily injury or from that persons spouse or other family member to obtain authorization on behalf of the injured person as an investigator to investigate the accident or act that resulted in injury or death to that person or damage to the property of that person. Nothing in this subdivision shall prohibit the soliciting of employment from that injured persons attorney, insurance company, self-insured administrator, insurance adjuster, employer, or any other person having an indirect interest in the investigation of the injury. This subdivision shall not apply to any business agent or attorney employed by a labor organization. A licensee, officer, director, partner, or qualified manager of a licensee shall not pay or compensate any of his or her employees or agents on the basis of a bonus, bounty, or quota system whereby a premium is placed on the number of employer or client rule violations or infractions purportedly discovered as a result of any investigation made by a licensee.(j) A licensee shall not use a fictitious business name in connection with the official activities of the licensees business, except as provided by the bureau.(k) This section shall become operative on January 1, 2021.
759775
760776 7539. (a) Any licensee or officer, director, partner, or qualified manager of a licensee may divulge to any law enforcement officer or district attorney, or his or her representative, any information he or she may acquire as to any criminal offense, but he or she shall not divulge to any other person, except as otherwise required by law, any information acquired by him or her except at the direction of the employer or client for whom the information was obtained.(b) A licensee or officer, director, partner, qualified manager, or employee of a licensee shall not knowingly make any false report to his or her employer or client for whom information was being obtained.(c) A written report shall not be submitted to a client except by the licensee, qualified manager, or a person authorized by one or either of them, and the person submitting the report shall exercise diligence in ascertaining whether or not the facts and information in the report are true and correct.(d) A licensee, or officer, director, partner, qualified manager, or employee of a licensee shall not use a badge in connection with the official activities of the licensees business.(e) A licensee, or officer, director, partner, qualified manager, or employee of a licensee, shall not use a title, or wear a uniform, or use an insignia, or use an identification card, or make any statement with the intent to give an impression that he or she is connected in any way with the federal government, a state government, or any political subdivision of a state government.(f) A licensee, or officer, partner, qualified manager, or employee of a licensee shall not use any identification to indicate that he or she is licensed as a private investigator other than the official identification card issued by the bureau or the business card regularly used by the business. However, a licensee may issue an employer identification card.(g) A licensee, or officer, director, partner, qualified manager, or employee of a licensee, shall not enter any private building or portion thereof, except premises commonly accessible to the public, without the consent of the owner or of the person in legal possession thereof.(h) A licensee shall not permit an employee or agent in his or her own name to advertise, engage clients, furnish reports or present bills to clients, or in any manner conduct business for which a license is required under this chapter. All business of the licensee shall be conducted in the name of and under the control of the licensee.(i) A licensee, officer, director, partner, qualified manager, or employee of a licensee shall not knowingly and directly solicit employment from any person who has directly sustained bodily injury or from that persons spouse or other family member to obtain authorization on behalf of the injured person as an investigator to investigate the accident or act that resulted in injury or death to that person or damage to the property of that person. Nothing in this subdivision shall prohibit the soliciting of employment from that injured persons attorney, insurance company, self-insured administrator, insurance adjuster, employer, or any other person having an indirect interest in the investigation of the injury. This subdivision shall not apply to any business agent or attorney employed by a labor organization. A licensee, officer, director, partner, or qualified manager of a licensee shall not pay or compensate any of his or her employees or agents on the basis of a bonus, bounty, or quota system whereby a premium is placed on the number of employer or client rule violations or infractions purportedly discovered as a result of any investigation made by a licensee.(j) A licensee shall not use a fictitious business name in connection with the official activities of the licensees business, except as provided by the bureau.(k) This section shall become operative on January 1, 2021.
761777
762778
763779
764780 7539. (a) Any licensee or officer, director, partner, or qualified manager of a licensee may divulge to any law enforcement officer or district attorney, or his or her representative, any information he or she may acquire as to any criminal offense, but he or she shall not divulge to any other person, except as otherwise required by law, any information acquired by him or her except at the direction of the employer or client for whom the information was obtained.
765781
766782 (b) A licensee or officer, director, partner, qualified manager, or employee of a licensee shall not knowingly make any false report to his or her employer or client for whom information was being obtained.
767783
768784 (c) A written report shall not be submitted to a client except by the licensee, qualified manager, or a person authorized by one or either of them, and the person submitting the report shall exercise diligence in ascertaining whether or not the facts and information in the report are true and correct.
769785
770786 (d) A licensee, or officer, director, partner, qualified manager, or employee of a licensee shall not use a badge in connection with the official activities of the licensees business.
771787
772788 (e) A licensee, or officer, director, partner, qualified manager, or employee of a licensee, shall not use a title, or wear a uniform, or use an insignia, or use an identification card, or make any statement with the intent to give an impression that he or she is connected in any way with the federal government, a state government, or any political subdivision of a state government.
773789
774790 (f) A licensee, or officer, partner, qualified manager, or employee of a licensee shall not use any identification to indicate that he or she is licensed as a private investigator other than the official identification card issued by the bureau or the business card regularly used by the business. However, a licensee may issue an employer identification card.
775791
776792 (g) A licensee, or officer, director, partner, qualified manager, or employee of a licensee, shall not enter any private building or portion thereof, except premises commonly accessible to the public, without the consent of the owner or of the person in legal possession thereof.
777793
778794 (h) A licensee shall not permit an employee or agent in his or her own name to advertise, engage clients, furnish reports or present bills to clients, or in any manner conduct business for which a license is required under this chapter. All business of the licensee shall be conducted in the name of and under the control of the licensee.
779795
780796 (i) A licensee, officer, director, partner, qualified manager, or employee of a licensee shall not knowingly and directly solicit employment from any person who has directly sustained bodily injury or from that persons spouse or other family member to obtain authorization on behalf of the injured person as an investigator to investigate the accident or act that resulted in injury or death to that person or damage to the property of that person. Nothing in this subdivision shall prohibit the soliciting of employment from that injured persons attorney, insurance company, self-insured administrator, insurance adjuster, employer, or any other person having an indirect interest in the investigation of the injury. This subdivision shall not apply to any business agent or attorney employed by a labor organization. A licensee, officer, director, partner, or qualified manager of a licensee shall not pay or compensate any of his or her employees or agents on the basis of a bonus, bounty, or quota system whereby a premium is placed on the number of employer or client rule violations or infractions purportedly discovered as a result of any investigation made by a licensee.
781797
782798 (j) A licensee shall not use a fictitious business name in connection with the official activities of the licensees business, except as provided by the bureau.
783799
784800 (k) This section shall become operative on January 1, 2021.
785801
786802 SEC. 31. Section 7541 of the Business and Professions Code is amended to read:7541. (a) Except as otherwise provided by this section, an applicant, or his or her manager, for a license as a private investigator shall have had at least three years experience in investigation work. One years experience shall consist of not less than 2,000 hours of actual compensated work performed by each applicant preceding the filing of an application.(1) An applicant who holds a law degree or bachelors degree in police science, criminal justice, criminal law, or the equivalent thereof from an accredited college shall be credited with 2,000 hours of experience in investigation work.(2) An applicant who holds an associate degree in police science, criminal justice, criminal law, or the equivalent thereof from an accredited college shall be credited with 1,000 hours of experience in investigation work.(3) The total amount of time credited to an applicant for degrees described in this subdivision shall not exceed 2,000 hours of experience in investigation work.(b) An applicant shall substantiate the claimed years of qualifying experience and the exact details as to the character and nature thereof by written certifications from the employer or qualified manager, subject to independent verification by the director as he or she may determine.(1) Notwithstanding any other law, only an employer, qualified manager, or his or her designated agent may certify experience for purposes of this section.(2) For purposes of this section, the term employer shall mean only those persons, corporations, partnerships, proprietorships, or other associations which, in the employ of the designated individual, regularly and routinely withheld income taxes and other payroll deductions for direct forwarding to governmental taxing authorities.(3) For the purposes of this section, the term qualified manager shall mean only a manager who has qualified pursuant to Section 7536, who has directly overseen the work and experience of the applicant, and is under an employment or contractual arrangement to provide primary supervision of the applicant.(c) An employer who is a licensee or qualified manager shall respond in writing within 30 days to an applicants written request for certifications of the applicants work experience as an employee and either provide the certifications or the reasons for denial. If the applicant notifies the director in writing, under penalty of perjury, that the applicant is unable to obtain the required written response from a licensee or qualified manager, or provides the licensees or qualified managers written denial and states, under penalty of perjury, that the licensees or qualified managers reasons for denial are invalid or insufficient and the director concurs, the director may require the licensee or qualified manager to provide the bureau with all relevant employment records maintained pursuant to Section 7531.5 regarding the applicant for evaluation in substantiating the applicants employment experience.
787803
788804 SEC. 31. Section 7541 of the Business and Professions Code is amended to read:
789805
790806 ### SEC. 31.
791807
792808 7541. (a) Except as otherwise provided by this section, an applicant, or his or her manager, for a license as a private investigator shall have had at least three years experience in investigation work. One years experience shall consist of not less than 2,000 hours of actual compensated work performed by each applicant preceding the filing of an application.(1) An applicant who holds a law degree or bachelors degree in police science, criminal justice, criminal law, or the equivalent thereof from an accredited college shall be credited with 2,000 hours of experience in investigation work.(2) An applicant who holds an associate degree in police science, criminal justice, criminal law, or the equivalent thereof from an accredited college shall be credited with 1,000 hours of experience in investigation work.(3) The total amount of time credited to an applicant for degrees described in this subdivision shall not exceed 2,000 hours of experience in investigation work.(b) An applicant shall substantiate the claimed years of qualifying experience and the exact details as to the character and nature thereof by written certifications from the employer or qualified manager, subject to independent verification by the director as he or she may determine.(1) Notwithstanding any other law, only an employer, qualified manager, or his or her designated agent may certify experience for purposes of this section.(2) For purposes of this section, the term employer shall mean only those persons, corporations, partnerships, proprietorships, or other associations which, in the employ of the designated individual, regularly and routinely withheld income taxes and other payroll deductions for direct forwarding to governmental taxing authorities.(3) For the purposes of this section, the term qualified manager shall mean only a manager who has qualified pursuant to Section 7536, who has directly overseen the work and experience of the applicant, and is under an employment or contractual arrangement to provide primary supervision of the applicant.(c) An employer who is a licensee or qualified manager shall respond in writing within 30 days to an applicants written request for certifications of the applicants work experience as an employee and either provide the certifications or the reasons for denial. If the applicant notifies the director in writing, under penalty of perjury, that the applicant is unable to obtain the required written response from a licensee or qualified manager, or provides the licensees or qualified managers written denial and states, under penalty of perjury, that the licensees or qualified managers reasons for denial are invalid or insufficient and the director concurs, the director may require the licensee or qualified manager to provide the bureau with all relevant employment records maintained pursuant to Section 7531.5 regarding the applicant for evaluation in substantiating the applicants employment experience.
793809
794810 7541. (a) Except as otherwise provided by this section, an applicant, or his or her manager, for a license as a private investigator shall have had at least three years experience in investigation work. One years experience shall consist of not less than 2,000 hours of actual compensated work performed by each applicant preceding the filing of an application.(1) An applicant who holds a law degree or bachelors degree in police science, criminal justice, criminal law, or the equivalent thereof from an accredited college shall be credited with 2,000 hours of experience in investigation work.(2) An applicant who holds an associate degree in police science, criminal justice, criminal law, or the equivalent thereof from an accredited college shall be credited with 1,000 hours of experience in investigation work.(3) The total amount of time credited to an applicant for degrees described in this subdivision shall not exceed 2,000 hours of experience in investigation work.(b) An applicant shall substantiate the claimed years of qualifying experience and the exact details as to the character and nature thereof by written certifications from the employer or qualified manager, subject to independent verification by the director as he or she may determine.(1) Notwithstanding any other law, only an employer, qualified manager, or his or her designated agent may certify experience for purposes of this section.(2) For purposes of this section, the term employer shall mean only those persons, corporations, partnerships, proprietorships, or other associations which, in the employ of the designated individual, regularly and routinely withheld income taxes and other payroll deductions for direct forwarding to governmental taxing authorities.(3) For the purposes of this section, the term qualified manager shall mean only a manager who has qualified pursuant to Section 7536, who has directly overseen the work and experience of the applicant, and is under an employment or contractual arrangement to provide primary supervision of the applicant.(c) An employer who is a licensee or qualified manager shall respond in writing within 30 days to an applicants written request for certifications of the applicants work experience as an employee and either provide the certifications or the reasons for denial. If the applicant notifies the director in writing, under penalty of perjury, that the applicant is unable to obtain the required written response from a licensee or qualified manager, or provides the licensees or qualified managers written denial and states, under penalty of perjury, that the licensees or qualified managers reasons for denial are invalid or insufficient and the director concurs, the director may require the licensee or qualified manager to provide the bureau with all relevant employment records maintained pursuant to Section 7531.5 regarding the applicant for evaluation in substantiating the applicants employment experience.
795811
796812 7541. (a) Except as otherwise provided by this section, an applicant, or his or her manager, for a license as a private investigator shall have had at least three years experience in investigation work. One years experience shall consist of not less than 2,000 hours of actual compensated work performed by each applicant preceding the filing of an application.(1) An applicant who holds a law degree or bachelors degree in police science, criminal justice, criminal law, or the equivalent thereof from an accredited college shall be credited with 2,000 hours of experience in investigation work.(2) An applicant who holds an associate degree in police science, criminal justice, criminal law, or the equivalent thereof from an accredited college shall be credited with 1,000 hours of experience in investigation work.(3) The total amount of time credited to an applicant for degrees described in this subdivision shall not exceed 2,000 hours of experience in investigation work.(b) An applicant shall substantiate the claimed years of qualifying experience and the exact details as to the character and nature thereof by written certifications from the employer or qualified manager, subject to independent verification by the director as he or she may determine.(1) Notwithstanding any other law, only an employer, qualified manager, or his or her designated agent may certify experience for purposes of this section.(2) For purposes of this section, the term employer shall mean only those persons, corporations, partnerships, proprietorships, or other associations which, in the employ of the designated individual, regularly and routinely withheld income taxes and other payroll deductions for direct forwarding to governmental taxing authorities.(3) For the purposes of this section, the term qualified manager shall mean only a manager who has qualified pursuant to Section 7536, who has directly overseen the work and experience of the applicant, and is under an employment or contractual arrangement to provide primary supervision of the applicant.(c) An employer who is a licensee or qualified manager shall respond in writing within 30 days to an applicants written request for certifications of the applicants work experience as an employee and either provide the certifications or the reasons for denial. If the applicant notifies the director in writing, under penalty of perjury, that the applicant is unable to obtain the required written response from a licensee or qualified manager, or provides the licensees or qualified managers written denial and states, under penalty of perjury, that the licensees or qualified managers reasons for denial are invalid or insufficient and the director concurs, the director may require the licensee or qualified manager to provide the bureau with all relevant employment records maintained pursuant to Section 7531.5 regarding the applicant for evaluation in substantiating the applicants employment experience.
797813
798814
799815
800816 7541. (a) Except as otherwise provided by this section, an applicant, or his or her manager, for a license as a private investigator shall have had at least three years experience in investigation work. One years experience shall consist of not less than 2,000 hours of actual compensated work performed by each applicant preceding the filing of an application.
801817
802818 (1) An applicant who holds a law degree or bachelors degree in police science, criminal justice, criminal law, or the equivalent thereof from an accredited college shall be credited with 2,000 hours of experience in investigation work.
803819
804820 (2) An applicant who holds an associate degree in police science, criminal justice, criminal law, or the equivalent thereof from an accredited college shall be credited with 1,000 hours of experience in investigation work.
805821
806822 (3) The total amount of time credited to an applicant for degrees described in this subdivision shall not exceed 2,000 hours of experience in investigation work.
807823
808824 (b) An applicant shall substantiate the claimed years of qualifying experience and the exact details as to the character and nature thereof by written certifications from the employer or qualified manager, subject to independent verification by the director as he or she may determine.
809825
810826 (1) Notwithstanding any other law, only an employer, qualified manager, or his or her designated agent may certify experience for purposes of this section.
811827
812828 (2) For purposes of this section, the term employer shall mean only those persons, corporations, partnerships, proprietorships, or other associations which, in the employ of the designated individual, regularly and routinely withheld income taxes and other payroll deductions for direct forwarding to governmental taxing authorities.
813829
814830 (3) For the purposes of this section, the term qualified manager shall mean only a manager who has qualified pursuant to Section 7536, who has directly overseen the work and experience of the applicant, and is under an employment or contractual arrangement to provide primary supervision of the applicant.
815831
816832 (c) An employer who is a licensee or qualified manager shall respond in writing within 30 days to an applicants written request for certifications of the applicants work experience as an employee and either provide the certifications or the reasons for denial. If the applicant notifies the director in writing, under penalty of perjury, that the applicant is unable to obtain the required written response from a licensee or qualified manager, or provides the licensees or qualified managers written denial and states, under penalty of perjury, that the licensees or qualified managers reasons for denial are invalid or insufficient and the director concurs, the director may require the licensee or qualified manager to provide the bureau with all relevant employment records maintained pursuant to Section 7531.5 regarding the applicant for evaluation in substantiating the applicants employment experience.
817833
818834 SEC. 32. Section 7541.1 of the Business and Professions Code is amended to read:7541.1. (a) Notwithstanding any other law, experience for purposes of taking the examination for licensure as a private investigator shall be limited to those activities actually performed in connection with investigations, as defined in Section 7521, and only if those activities are performed by persons who are employed or managed in the following capacities:(1) Sworn law enforcement officers possessing powers of arrest and employed by agencies in the federal, state, or local government.(2) Military police of the Armed Forces of the United States or the National Guard.(3) An insurance adjuster or their employees subject to Chapter 1 (commencing with Section 14000) of Division 5 of the Insurance Code.(4) Persons employed by a private investigator who are duly licensed in accordance with this chapter, or managed by a qualified manager in accordance with Section 7536.(5) Persons employed by repossessors duly licensed in accordance with Chapter 11 (commencing with Section 7500), only to the extent that those persons are routinely and regularly engaged in the location of debtors or the location of personal property utilizing methods commonly known as skip tracing. For purposes of this section, only that experience acquired in that skip tracing shall be credited toward qualification to take the examination.(6) Persons duly trained and certified as an arson investigator and employed by a public agency engaged in fire suppression.(7) Persons trained as investigators and employed by a public defender to conduct investigations.(8) (A) Persons trained as investigative reporters and employed by a media source, as defined in Section 1070 of the Evidence Code, whose investigative journalism experience is comprised of conducting primary investigations and producing investigative projects.(B) For purposes of this paragraph primary investigation means original and in-depth research and analysis involving multiple sources, including, but not limited to, public records, databases, archives, published and unpublished documents, witnesses, informers, whistleblowers, public officials, and experts, to produce investigative projects. (b) The following activities shall not be deemed to constitute acts of investigation for purposes of experience toward licensure:(1) The serving of legal process or other documents.(2) Activities relating to the search for heirs or similar searches which involve only a search of public records or other reference sources in the public domain.(3) The transportation or custodial attendance of persons in the physical custody of a law enforcement agency.(4) The provision of bailiff or other security services to a court of law.(5) The collection or attempted collection of debts by telephone or written solicitation after the debtor has been located.(6) The repossession or attempted repossession of personal property after that property has been located and identified.(c) Where the activities of employment of an applicant include those which qualify as bona fide experience as stated in this section as well as those which do not qualify, the director may, by delegation to the bureau, determine and apportion that percentage of experience for which any applicant is entitled to credit.
819835
820836 SEC. 32. Section 7541.1 of the Business and Professions Code is amended to read:
821837
822838 ### SEC. 32.
823839
824840 7541.1. (a) Notwithstanding any other law, experience for purposes of taking the examination for licensure as a private investigator shall be limited to those activities actually performed in connection with investigations, as defined in Section 7521, and only if those activities are performed by persons who are employed or managed in the following capacities:(1) Sworn law enforcement officers possessing powers of arrest and employed by agencies in the federal, state, or local government.(2) Military police of the Armed Forces of the United States or the National Guard.(3) An insurance adjuster or their employees subject to Chapter 1 (commencing with Section 14000) of Division 5 of the Insurance Code.(4) Persons employed by a private investigator who are duly licensed in accordance with this chapter, or managed by a qualified manager in accordance with Section 7536.(5) Persons employed by repossessors duly licensed in accordance with Chapter 11 (commencing with Section 7500), only to the extent that those persons are routinely and regularly engaged in the location of debtors or the location of personal property utilizing methods commonly known as skip tracing. For purposes of this section, only that experience acquired in that skip tracing shall be credited toward qualification to take the examination.(6) Persons duly trained and certified as an arson investigator and employed by a public agency engaged in fire suppression.(7) Persons trained as investigators and employed by a public defender to conduct investigations.(8) (A) Persons trained as investigative reporters and employed by a media source, as defined in Section 1070 of the Evidence Code, whose investigative journalism experience is comprised of conducting primary investigations and producing investigative projects.(B) For purposes of this paragraph primary investigation means original and in-depth research and analysis involving multiple sources, including, but not limited to, public records, databases, archives, published and unpublished documents, witnesses, informers, whistleblowers, public officials, and experts, to produce investigative projects. (b) The following activities shall not be deemed to constitute acts of investigation for purposes of experience toward licensure:(1) The serving of legal process or other documents.(2) Activities relating to the search for heirs or similar searches which involve only a search of public records or other reference sources in the public domain.(3) The transportation or custodial attendance of persons in the physical custody of a law enforcement agency.(4) The provision of bailiff or other security services to a court of law.(5) The collection or attempted collection of debts by telephone or written solicitation after the debtor has been located.(6) The repossession or attempted repossession of personal property after that property has been located and identified.(c) Where the activities of employment of an applicant include those which qualify as bona fide experience as stated in this section as well as those which do not qualify, the director may, by delegation to the bureau, determine and apportion that percentage of experience for which any applicant is entitled to credit.
825841
826842 7541.1. (a) Notwithstanding any other law, experience for purposes of taking the examination for licensure as a private investigator shall be limited to those activities actually performed in connection with investigations, as defined in Section 7521, and only if those activities are performed by persons who are employed or managed in the following capacities:(1) Sworn law enforcement officers possessing powers of arrest and employed by agencies in the federal, state, or local government.(2) Military police of the Armed Forces of the United States or the National Guard.(3) An insurance adjuster or their employees subject to Chapter 1 (commencing with Section 14000) of Division 5 of the Insurance Code.(4) Persons employed by a private investigator who are duly licensed in accordance with this chapter, or managed by a qualified manager in accordance with Section 7536.(5) Persons employed by repossessors duly licensed in accordance with Chapter 11 (commencing with Section 7500), only to the extent that those persons are routinely and regularly engaged in the location of debtors or the location of personal property utilizing methods commonly known as skip tracing. For purposes of this section, only that experience acquired in that skip tracing shall be credited toward qualification to take the examination.(6) Persons duly trained and certified as an arson investigator and employed by a public agency engaged in fire suppression.(7) Persons trained as investigators and employed by a public defender to conduct investigations.(8) (A) Persons trained as investigative reporters and employed by a media source, as defined in Section 1070 of the Evidence Code, whose investigative journalism experience is comprised of conducting primary investigations and producing investigative projects.(B) For purposes of this paragraph primary investigation means original and in-depth research and analysis involving multiple sources, including, but not limited to, public records, databases, archives, published and unpublished documents, witnesses, informers, whistleblowers, public officials, and experts, to produce investigative projects. (b) The following activities shall not be deemed to constitute acts of investigation for purposes of experience toward licensure:(1) The serving of legal process or other documents.(2) Activities relating to the search for heirs or similar searches which involve only a search of public records or other reference sources in the public domain.(3) The transportation or custodial attendance of persons in the physical custody of a law enforcement agency.(4) The provision of bailiff or other security services to a court of law.(5) The collection or attempted collection of debts by telephone or written solicitation after the debtor has been located.(6) The repossession or attempted repossession of personal property after that property has been located and identified.(c) Where the activities of employment of an applicant include those which qualify as bona fide experience as stated in this section as well as those which do not qualify, the director may, by delegation to the bureau, determine and apportion that percentage of experience for which any applicant is entitled to credit.
827843
828844 7541.1. (a) Notwithstanding any other law, experience for purposes of taking the examination for licensure as a private investigator shall be limited to those activities actually performed in connection with investigations, as defined in Section 7521, and only if those activities are performed by persons who are employed or managed in the following capacities:(1) Sworn law enforcement officers possessing powers of arrest and employed by agencies in the federal, state, or local government.(2) Military police of the Armed Forces of the United States or the National Guard.(3) An insurance adjuster or their employees subject to Chapter 1 (commencing with Section 14000) of Division 5 of the Insurance Code.(4) Persons employed by a private investigator who are duly licensed in accordance with this chapter, or managed by a qualified manager in accordance with Section 7536.(5) Persons employed by repossessors duly licensed in accordance with Chapter 11 (commencing with Section 7500), only to the extent that those persons are routinely and regularly engaged in the location of debtors or the location of personal property utilizing methods commonly known as skip tracing. For purposes of this section, only that experience acquired in that skip tracing shall be credited toward qualification to take the examination.(6) Persons duly trained and certified as an arson investigator and employed by a public agency engaged in fire suppression.(7) Persons trained as investigators and employed by a public defender to conduct investigations.(8) (A) Persons trained as investigative reporters and employed by a media source, as defined in Section 1070 of the Evidence Code, whose investigative journalism experience is comprised of conducting primary investigations and producing investigative projects.(B) For purposes of this paragraph primary investigation means original and in-depth research and analysis involving multiple sources, including, but not limited to, public records, databases, archives, published and unpublished documents, witnesses, informers, whistleblowers, public officials, and experts, to produce investigative projects. (b) The following activities shall not be deemed to constitute acts of investigation for purposes of experience toward licensure:(1) The serving of legal process or other documents.(2) Activities relating to the search for heirs or similar searches which involve only a search of public records or other reference sources in the public domain.(3) The transportation or custodial attendance of persons in the physical custody of a law enforcement agency.(4) The provision of bailiff or other security services to a court of law.(5) The collection or attempted collection of debts by telephone or written solicitation after the debtor has been located.(6) The repossession or attempted repossession of personal property after that property has been located and identified.(c) Where the activities of employment of an applicant include those which qualify as bona fide experience as stated in this section as well as those which do not qualify, the director may, by delegation to the bureau, determine and apportion that percentage of experience for which any applicant is entitled to credit.
829845
830846
831847
832848 7541.1. (a) Notwithstanding any other law, experience for purposes of taking the examination for licensure as a private investigator shall be limited to those activities actually performed in connection with investigations, as defined in Section 7521, and only if those activities are performed by persons who are employed or managed in the following capacities:
833849
834850 (1) Sworn law enforcement officers possessing powers of arrest and employed by agencies in the federal, state, or local government.
835851
836852 (2) Military police of the Armed Forces of the United States or the National Guard.
837853
838854 (3) An insurance adjuster or their employees subject to Chapter 1 (commencing with Section 14000) of Division 5 of the Insurance Code.
839855
840856 (4) Persons employed by a private investigator who are duly licensed in accordance with this chapter, or managed by a qualified manager in accordance with Section 7536.
841857
842858 (5) Persons employed by repossessors duly licensed in accordance with Chapter 11 (commencing with Section 7500), only to the extent that those persons are routinely and regularly engaged in the location of debtors or the location of personal property utilizing methods commonly known as skip tracing. For purposes of this section, only that experience acquired in that skip tracing shall be credited toward qualification to take the examination.
843859
844860 (6) Persons duly trained and certified as an arson investigator and employed by a public agency engaged in fire suppression.
845861
846862 (7) Persons trained as investigators and employed by a public defender to conduct investigations.
847863
848864 (8) (A) Persons trained as investigative reporters and employed by a media source, as defined in Section 1070 of the Evidence Code, whose investigative journalism experience is comprised of conducting primary investigations and producing investigative projects.
849865
850866 (B) For purposes of this paragraph primary investigation means original and in-depth research and analysis involving multiple sources, including, but not limited to, public records, databases, archives, published and unpublished documents, witnesses, informers, whistleblowers, public officials, and experts, to produce investigative projects.
851867
852868 (b) The following activities shall not be deemed to constitute acts of investigation for purposes of experience toward licensure:
853869
854870 (1) The serving of legal process or other documents.
855871
856872 (2) Activities relating to the search for heirs or similar searches which involve only a search of public records or other reference sources in the public domain.
857873
858874 (3) The transportation or custodial attendance of persons in the physical custody of a law enforcement agency.
859875
860876 (4) The provision of bailiff or other security services to a court of law.
861877
862878 (5) The collection or attempted collection of debts by telephone or written solicitation after the debtor has been located.
863879
864880 (6) The repossession or attempted repossession of personal property after that property has been located and identified.
865881
866882 (c) Where the activities of employment of an applicant include those which qualify as bona fide experience as stated in this section as well as those which do not qualify, the director may, by delegation to the bureau, determine and apportion that percentage of experience for which any applicant is entitled to credit.
867883
868884 SEC. 33. Section 7561.1 of the Business and Professions Code is amended to read:7561.1. The director may deny, suspend, or revoke a license issued under this chapter if he or she determines that the licensee or his or her qualified manager, if an individual, or if the licensee is a person other than an individual, that any of its officers, directors, partners, members, managers, or qualified manager, has:(a) Made any false statement or given any false information in connection with an application for a license or a renewal or reinstatement of a license.(b) Violated any provisions of this chapter.(c) Violated any rule of the director adopted pursuant to the authority contained in this chapter.(d) Been convicted of any act or crime constituting grounds for denial of licensure under Section 480, including illegally using, carrying, or possessing a deadly weapon.(e) Impersonated, or permitted or aided and abetted an employee to impersonate a law enforcement officer or employee of the United States of America, or of any state or political subdivision thereof.(f) Committed or permitted any employee to commit any act, while the license was expired which would be cause for the suspension or revocation of a license, or grounds for the denial of an application for a license.(g) Willfully failed or refused to render to a client services or a report as agreed between the parties and for which compensation has been paid or tendered in accordance with the agreement of the parties.(h) Committed assault, battery, or kidnapping, or using force or violence on any person, without proper justification.(i) Knowingly violated, or advised, encouraged, or assisted the violation of any court order or injunction in the course of business as a licensee.(j) Acted as a runner or capper for any attorney.(k) Been convicted of a violation of Section 148 of the Penal Code.(l) Committed any act which is a ground for denial of an application for a license under this chapter.(m) Committed any act prohibited by Chapter 1.5 (commencing with Section 630) of Title 15 of Part 1 of the Penal Code.(n) Purchased, possessed, or transported any tear gas weapon except as authorized by law. A violation of this subdivision may be punished by the suspension of a license for a period to be determined by the director.(o) Been convicted of a violation of Section 95.3 of the Penal Code.
869885
870886 SEC. 33. Section 7561.1 of the Business and Professions Code is amended to read:
871887
872888 ### SEC. 33.
873889
874890 7561.1. The director may deny, suspend, or revoke a license issued under this chapter if he or she determines that the licensee or his or her qualified manager, if an individual, or if the licensee is a person other than an individual, that any of its officers, directors, partners, members, managers, or qualified manager, has:(a) Made any false statement or given any false information in connection with an application for a license or a renewal or reinstatement of a license.(b) Violated any provisions of this chapter.(c) Violated any rule of the director adopted pursuant to the authority contained in this chapter.(d) Been convicted of any act or crime constituting grounds for denial of licensure under Section 480, including illegally using, carrying, or possessing a deadly weapon.(e) Impersonated, or permitted or aided and abetted an employee to impersonate a law enforcement officer or employee of the United States of America, or of any state or political subdivision thereof.(f) Committed or permitted any employee to commit any act, while the license was expired which would be cause for the suspension or revocation of a license, or grounds for the denial of an application for a license.(g) Willfully failed or refused to render to a client services or a report as agreed between the parties and for which compensation has been paid or tendered in accordance with the agreement of the parties.(h) Committed assault, battery, or kidnapping, or using force or violence on any person, without proper justification.(i) Knowingly violated, or advised, encouraged, or assisted the violation of any court order or injunction in the course of business as a licensee.(j) Acted as a runner or capper for any attorney.(k) Been convicted of a violation of Section 148 of the Penal Code.(l) Committed any act which is a ground for denial of an application for a license under this chapter.(m) Committed any act prohibited by Chapter 1.5 (commencing with Section 630) of Title 15 of Part 1 of the Penal Code.(n) Purchased, possessed, or transported any tear gas weapon except as authorized by law. A violation of this subdivision may be punished by the suspension of a license for a period to be determined by the director.(o) Been convicted of a violation of Section 95.3 of the Penal Code.
875891
876892 7561.1. The director may deny, suspend, or revoke a license issued under this chapter if he or she determines that the licensee or his or her qualified manager, if an individual, or if the licensee is a person other than an individual, that any of its officers, directors, partners, members, managers, or qualified manager, has:(a) Made any false statement or given any false information in connection with an application for a license or a renewal or reinstatement of a license.(b) Violated any provisions of this chapter.(c) Violated any rule of the director adopted pursuant to the authority contained in this chapter.(d) Been convicted of any act or crime constituting grounds for denial of licensure under Section 480, including illegally using, carrying, or possessing a deadly weapon.(e) Impersonated, or permitted or aided and abetted an employee to impersonate a law enforcement officer or employee of the United States of America, or of any state or political subdivision thereof.(f) Committed or permitted any employee to commit any act, while the license was expired which would be cause for the suspension or revocation of a license, or grounds for the denial of an application for a license.(g) Willfully failed or refused to render to a client services or a report as agreed between the parties and for which compensation has been paid or tendered in accordance with the agreement of the parties.(h) Committed assault, battery, or kidnapping, or using force or violence on any person, without proper justification.(i) Knowingly violated, or advised, encouraged, or assisted the violation of any court order or injunction in the course of business as a licensee.(j) Acted as a runner or capper for any attorney.(k) Been convicted of a violation of Section 148 of the Penal Code.(l) Committed any act which is a ground for denial of an application for a license under this chapter.(m) Committed any act prohibited by Chapter 1.5 (commencing with Section 630) of Title 15 of Part 1 of the Penal Code.(n) Purchased, possessed, or transported any tear gas weapon except as authorized by law. A violation of this subdivision may be punished by the suspension of a license for a period to be determined by the director.(o) Been convicted of a violation of Section 95.3 of the Penal Code.
877893
878894 7561.1. The director may deny, suspend, or revoke a license issued under this chapter if he or she determines that the licensee or his or her qualified manager, if an individual, or if the licensee is a person other than an individual, that any of its officers, directors, partners, members, managers, or qualified manager, has:(a) Made any false statement or given any false information in connection with an application for a license or a renewal or reinstatement of a license.(b) Violated any provisions of this chapter.(c) Violated any rule of the director adopted pursuant to the authority contained in this chapter.(d) Been convicted of any act or crime constituting grounds for denial of licensure under Section 480, including illegally using, carrying, or possessing a deadly weapon.(e) Impersonated, or permitted or aided and abetted an employee to impersonate a law enforcement officer or employee of the United States of America, or of any state or political subdivision thereof.(f) Committed or permitted any employee to commit any act, while the license was expired which would be cause for the suspension or revocation of a license, or grounds for the denial of an application for a license.(g) Willfully failed or refused to render to a client services or a report as agreed between the parties and for which compensation has been paid or tendered in accordance with the agreement of the parties.(h) Committed assault, battery, or kidnapping, or using force or violence on any person, without proper justification.(i) Knowingly violated, or advised, encouraged, or assisted the violation of any court order or injunction in the course of business as a licensee.(j) Acted as a runner or capper for any attorney.(k) Been convicted of a violation of Section 148 of the Penal Code.(l) Committed any act which is a ground for denial of an application for a license under this chapter.(m) Committed any act prohibited by Chapter 1.5 (commencing with Section 630) of Title 15 of Part 1 of the Penal Code.(n) Purchased, possessed, or transported any tear gas weapon except as authorized by law. A violation of this subdivision may be punished by the suspension of a license for a period to be determined by the director.(o) Been convicted of a violation of Section 95.3 of the Penal Code.
879895
880896
881897
882898 7561.1. The director may deny, suspend, or revoke a license issued under this chapter if he or she determines that the licensee or his or her qualified manager, if an individual, or if the licensee is a person other than an individual, that any of its officers, directors, partners, members, managers, or qualified manager, has:
883899
884900 (a) Made any false statement or given any false information in connection with an application for a license or a renewal or reinstatement of a license.
885901
886902 (b) Violated any provisions of this chapter.
887903
888904 (c) Violated any rule of the director adopted pursuant to the authority contained in this chapter.
889905
890906 (d) Been convicted of any act or crime constituting grounds for denial of licensure under Section 480, including illegally using, carrying, or possessing a deadly weapon.
891907
892908 (e) Impersonated, or permitted or aided and abetted an employee to impersonate a law enforcement officer or employee of the United States of America, or of any state or political subdivision thereof.
893909
894910 (f) Committed or permitted any employee to commit any act, while the license was expired which would be cause for the suspension or revocation of a license, or grounds for the denial of an application for a license.
895911
896912 (g) Willfully failed or refused to render to a client services or a report as agreed between the parties and for which compensation has been paid or tendered in accordance with the agreement of the parties.
897913
898914 (h) Committed assault, battery, or kidnapping, or using force or violence on any person, without proper justification.
899915
900916 (i) Knowingly violated, or advised, encouraged, or assisted the violation of any court order or injunction in the course of business as a licensee.
901917
902918 (j) Acted as a runner or capper for any attorney.
903919
904920 (k) Been convicted of a violation of Section 148 of the Penal Code.
905921
906922 (l) Committed any act which is a ground for denial of an application for a license under this chapter.
907923
908924 (m) Committed any act prohibited by Chapter 1.5 (commencing with Section 630) of Title 15 of Part 1 of the Penal Code.
909925
910926 (n) Purchased, possessed, or transported any tear gas weapon except as authorized by law. A violation of this subdivision may be punished by the suspension of a license for a period to be determined by the director.
911927
912928 (o) Been convicted of a violation of Section 95.3 of the Penal Code.
913929
914930 SEC. 34. Section 7561.3 of the Business and Professions Code is amended to read:7561.3. The director may suspend or revoke a license issued under this chapter if he or she determines that the licensee or his or her qualified manager, if an individual, or if the licensee is a person other than an individual, that any of its officers, directors, partners, members, managers, or qualified manager, has:(a) Used any letterhead, advertisement, or other printed matter, or in any manner whatever represented that he or she is an instrumentality of the federal government, a state, or any political subdivision thereof.(b) Used a name different from that under which he or she is currently licensed in any advertisement, solicitation, or contract for business.
915931
916932 SEC. 34. Section 7561.3 of the Business and Professions Code is amended to read:
917933
918934 ### SEC. 34.
919935
920936 7561.3. The director may suspend or revoke a license issued under this chapter if he or she determines that the licensee or his or her qualified manager, if an individual, or if the licensee is a person other than an individual, that any of its officers, directors, partners, members, managers, or qualified manager, has:(a) Used any letterhead, advertisement, or other printed matter, or in any manner whatever represented that he or she is an instrumentality of the federal government, a state, or any political subdivision thereof.(b) Used a name different from that under which he or she is currently licensed in any advertisement, solicitation, or contract for business.
921937
922938 7561.3. The director may suspend or revoke a license issued under this chapter if he or she determines that the licensee or his or her qualified manager, if an individual, or if the licensee is a person other than an individual, that any of its officers, directors, partners, members, managers, or qualified manager, has:(a) Used any letterhead, advertisement, or other printed matter, or in any manner whatever represented that he or she is an instrumentality of the federal government, a state, or any political subdivision thereof.(b) Used a name different from that under which he or she is currently licensed in any advertisement, solicitation, or contract for business.
923939
924940 7561.3. The director may suspend or revoke a license issued under this chapter if he or she determines that the licensee or his or her qualified manager, if an individual, or if the licensee is a person other than an individual, that any of its officers, directors, partners, members, managers, or qualified manager, has:(a) Used any letterhead, advertisement, or other printed matter, or in any manner whatever represented that he or she is an instrumentality of the federal government, a state, or any political subdivision thereof.(b) Used a name different from that under which he or she is currently licensed in any advertisement, solicitation, or contract for business.
925941
926942
927943
928944 7561.3. The director may suspend or revoke a license issued under this chapter if he or she determines that the licensee or his or her qualified manager, if an individual, or if the licensee is a person other than an individual, that any of its officers, directors, partners, members, managers, or qualified manager, has:
929945
930946 (a) Used any letterhead, advertisement, or other printed matter, or in any manner whatever represented that he or she is an instrumentality of the federal government, a state, or any political subdivision thereof.
931947
932948 (b) Used a name different from that under which he or she is currently licensed in any advertisement, solicitation, or contract for business.
933949
934950 SEC. 35. Section 7561.4 of the Business and Professions Code is amended to read:7561.4. The director may suspend or revoke a license issued under this chapter if he or she determines that the licensee or his or her qualified manager, if an individual, or if the licensee is a person other than an individual, that any of its officers, directors, partners, members, managers, or qualified manager, has committed any act in the course of the licensees business constituting dishonesty or fraud.Dishonesty or fraud as used in this section, includes, in addition to other acts not specifically enumerated herein:(a) Knowingly making a false statement relating to evidence or information obtained in the course of employment, or knowingly publishing a slander or a libel in the course of business.(b) Using illegal means in the collection or attempted collection of a debt or obligation.(c) Manufacture of evidence.(d) Acceptance of employment adverse to a client or former client relating to a matter with respect to which the licensee has obtained confidential information by reason of or in the course of his or her employment by the client or former client.
935951
936952 SEC. 35. Section 7561.4 of the Business and Professions Code is amended to read:
937953
938954 ### SEC. 35.
939955
940956 7561.4. The director may suspend or revoke a license issued under this chapter if he or she determines that the licensee or his or her qualified manager, if an individual, or if the licensee is a person other than an individual, that any of its officers, directors, partners, members, managers, or qualified manager, has committed any act in the course of the licensees business constituting dishonesty or fraud.Dishonesty or fraud as used in this section, includes, in addition to other acts not specifically enumerated herein:(a) Knowingly making a false statement relating to evidence or information obtained in the course of employment, or knowingly publishing a slander or a libel in the course of business.(b) Using illegal means in the collection or attempted collection of a debt or obligation.(c) Manufacture of evidence.(d) Acceptance of employment adverse to a client or former client relating to a matter with respect to which the licensee has obtained confidential information by reason of or in the course of his or her employment by the client or former client.
941957
942958 7561.4. The director may suspend or revoke a license issued under this chapter if he or she determines that the licensee or his or her qualified manager, if an individual, or if the licensee is a person other than an individual, that any of its officers, directors, partners, members, managers, or qualified manager, has committed any act in the course of the licensees business constituting dishonesty or fraud.Dishonesty or fraud as used in this section, includes, in addition to other acts not specifically enumerated herein:(a) Knowingly making a false statement relating to evidence or information obtained in the course of employment, or knowingly publishing a slander or a libel in the course of business.(b) Using illegal means in the collection or attempted collection of a debt or obligation.(c) Manufacture of evidence.(d) Acceptance of employment adverse to a client or former client relating to a matter with respect to which the licensee has obtained confidential information by reason of or in the course of his or her employment by the client or former client.
943959
944960 7561.4. The director may suspend or revoke a license issued under this chapter if he or she determines that the licensee or his or her qualified manager, if an individual, or if the licensee is a person other than an individual, that any of its officers, directors, partners, members, managers, or qualified manager, has committed any act in the course of the licensees business constituting dishonesty or fraud.Dishonesty or fraud as used in this section, includes, in addition to other acts not specifically enumerated herein:(a) Knowingly making a false statement relating to evidence or information obtained in the course of employment, or knowingly publishing a slander or a libel in the course of business.(b) Using illegal means in the collection or attempted collection of a debt or obligation.(c) Manufacture of evidence.(d) Acceptance of employment adverse to a client or former client relating to a matter with respect to which the licensee has obtained confidential information by reason of or in the course of his or her employment by the client or former client.
945961
946962
947963
948964 7561.4. The director may suspend or revoke a license issued under this chapter if he or she determines that the licensee or his or her qualified manager, if an individual, or if the licensee is a person other than an individual, that any of its officers, directors, partners, members, managers, or qualified manager, has committed any act in the course of the licensees business constituting dishonesty or fraud.
949965
950966 Dishonesty or fraud as used in this section, includes, in addition to other acts not specifically enumerated herein:
951967
952968 (a) Knowingly making a false statement relating to evidence or information obtained in the course of employment, or knowingly publishing a slander or a libel in the course of business.
953969
954970 (b) Using illegal means in the collection or attempted collection of a debt or obligation.
955971
956972 (c) Manufacture of evidence.
957973
958974 (d) Acceptance of employment adverse to a client or former client relating to a matter with respect to which the licensee has obtained confidential information by reason of or in the course of his or her employment by the client or former client.
959975
960976 SEC. 36. Section 7570 of the Business and Professions Code, as amended by Section 17 of Chapter 800 of the Statutes of 2016, is amended to read:7570. The fees prescribed by this chapter are as follows:(a) The application and examination fee for an original license shall not exceed fifty dollars ($50).(b) The application fee for an original branch office certificate shall not exceed thirty dollars ($30).(c) The fee for an original license for a private investigator shall not exceed one hundred seventy-five dollars ($175).(d) The renewal fee is as follows:(1) For a license as a private investigator, the fee shall not exceed one hundred twenty-five dollars ($125).(2) For a branch office certificate for a private investigator, the fee shall not exceed thirty dollars ($30).(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 qualified manager shall not exceed fifteen dollars ($15).(h) The processing fee for the assignment of a license pursuant to Section 7530 shall not exceed one hundred twenty-five dollars ($125).(i) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
961977
962978 SEC. 36. Section 7570 of the Business and Professions Code, as amended by Section 17 of Chapter 800 of the Statutes of 2016, is amended to read:
963979
964980 ### SEC. 36.
965981
966982 7570. The fees prescribed by this chapter are as follows:(a) The application and examination fee for an original license shall not exceed fifty dollars ($50).(b) The application fee for an original branch office certificate shall not exceed thirty dollars ($30).(c) The fee for an original license for a private investigator shall not exceed one hundred seventy-five dollars ($175).(d) The renewal fee is as follows:(1) For a license as a private investigator, the fee shall not exceed one hundred twenty-five dollars ($125).(2) For a branch office certificate for a private investigator, the fee shall not exceed thirty dollars ($30).(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 qualified manager shall not exceed fifteen dollars ($15).(h) The processing fee for the assignment of a license pursuant to Section 7530 shall not exceed one hundred twenty-five dollars ($125).(i) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
967983
968984 7570. The fees prescribed by this chapter are as follows:(a) The application and examination fee for an original license shall not exceed fifty dollars ($50).(b) The application fee for an original branch office certificate shall not exceed thirty dollars ($30).(c) The fee for an original license for a private investigator shall not exceed one hundred seventy-five dollars ($175).(d) The renewal fee is as follows:(1) For a license as a private investigator, the fee shall not exceed one hundred twenty-five dollars ($125).(2) For a branch office certificate for a private investigator, the fee shall not exceed thirty dollars ($30).(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 qualified manager shall not exceed fifteen dollars ($15).(h) The processing fee for the assignment of a license pursuant to Section 7530 shall not exceed one hundred twenty-five dollars ($125).(i) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
969985
970986 7570. The fees prescribed by this chapter are as follows:(a) The application and examination fee for an original license shall not exceed fifty dollars ($50).(b) The application fee for an original branch office certificate shall not exceed thirty dollars ($30).(c) The fee for an original license for a private investigator shall not exceed one hundred seventy-five dollars ($175).(d) The renewal fee is as follows:(1) For a license as a private investigator, the fee shall not exceed one hundred twenty-five dollars ($125).(2) For a branch office certificate for a private investigator, the fee shall not exceed thirty dollars ($30).(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 qualified manager shall not exceed fifteen dollars ($15).(h) The processing fee for the assignment of a license pursuant to Section 7530 shall not exceed one hundred twenty-five dollars ($125).(i) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
971987
972988
973989
974990 7570. The fees prescribed by this chapter are as follows:
975991
976992 (a) The application and examination fee for an original license shall not exceed fifty dollars ($50).
977993
978994 (b) The application fee for an original branch office certificate shall not exceed thirty dollars ($30).
979995
980996 (c) The fee for an original license for a private investigator shall not exceed one hundred seventy-five dollars ($175).
981997
982998 (d) The renewal fee is as follows:
983999
9841000 (1) For a license as a private investigator, the fee shall not exceed one hundred twenty-five dollars ($125).
9851001
9861002 (2) For a branch office certificate for a private investigator, the fee shall not exceed thirty dollars ($30).
9871003
9881004 (e) The delinquency fee is 50 percent of the renewal fee in effect on the date of expiration.
9891005
9901006 (f) A reinstatement fee is equal to the amount of the renewal fee plus the regular delinquency fee.
9911007
9921008 (g) The fee for reexamination of an applicant or his or her qualified manager shall not exceed fifteen dollars ($15).
9931009
9941010 (h) The processing fee for the assignment of a license pursuant to Section 7530 shall not exceed one hundred twenty-five dollars ($125).
9951011
9961012 (i) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
9971013
9981014 SEC. 37. Section 7570 of the Business and Professions Code, as amended by Section 18 of Chapter 800 of the Statutes of 2016, is amended to read:7570. The fees prescribed by this chapter are as follows:(a) The application and examination fee for an original license shall not exceed fifty dollars ($50).(b) The application fee for an original branch office certificate shall not exceed thirty dollars ($30).(c) The fee for an original license for a private investigator shall not exceed one hundred seventy-five dollars ($175).(d) The renewal fee is as follows:(1) For a license as a private investigator, the fee shall not exceed one hundred twenty-five dollars ($125).(2) For a branch office certificate for a private investigator, the fee shall not exceed thirty dollars ($30).(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 qualified manager shall not exceed fifteen dollars ($15).(h) This section shall become operative on January 1, 2021.
9991015
10001016 SEC. 37. Section 7570 of the Business and Professions Code, as amended by Section 18 of Chapter 800 of the Statutes of 2016, is amended to read:
10011017
10021018 ### SEC. 37.
10031019
10041020 7570. The fees prescribed by this chapter are as follows:(a) The application and examination fee for an original license shall not exceed fifty dollars ($50).(b) The application fee for an original branch office certificate shall not exceed thirty dollars ($30).(c) The fee for an original license for a private investigator shall not exceed one hundred seventy-five dollars ($175).(d) The renewal fee is as follows:(1) For a license as a private investigator, the fee shall not exceed one hundred twenty-five dollars ($125).(2) For a branch office certificate for a private investigator, the fee shall not exceed thirty dollars ($30).(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 qualified manager shall not exceed fifteen dollars ($15).(h) This section shall become operative on January 1, 2021.
10051021
10061022 7570. The fees prescribed by this chapter are as follows:(a) The application and examination fee for an original license shall not exceed fifty dollars ($50).(b) The application fee for an original branch office certificate shall not exceed thirty dollars ($30).(c) The fee for an original license for a private investigator shall not exceed one hundred seventy-five dollars ($175).(d) The renewal fee is as follows:(1) For a license as a private investigator, the fee shall not exceed one hundred twenty-five dollars ($125).(2) For a branch office certificate for a private investigator, the fee shall not exceed thirty dollars ($30).(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 qualified manager shall not exceed fifteen dollars ($15).(h) This section shall become operative on January 1, 2021.
10071023
10081024 7570. The fees prescribed by this chapter are as follows:(a) The application and examination fee for an original license shall not exceed fifty dollars ($50).(b) The application fee for an original branch office certificate shall not exceed thirty dollars ($30).(c) The fee for an original license for a private investigator shall not exceed one hundred seventy-five dollars ($175).(d) The renewal fee is as follows:(1) For a license as a private investigator, the fee shall not exceed one hundred twenty-five dollars ($125).(2) For a branch office certificate for a private investigator, the fee shall not exceed thirty dollars ($30).(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 qualified manager shall not exceed fifteen dollars ($15).(h) This section shall become operative on January 1, 2021.
10091025
10101026
10111027
10121028 7570. The fees prescribed by this chapter are as follows:
10131029
10141030 (a) The application and examination fee for an original license shall not exceed fifty dollars ($50).
10151031
10161032 (b) The application fee for an original branch office certificate shall not exceed thirty dollars ($30).
10171033
10181034 (c) The fee for an original license for a private investigator shall not exceed one hundred seventy-five dollars ($175).
10191035
10201036 (d) The renewal fee is as follows:
10211037
10221038 (1) For a license as a private investigator, the fee shall not exceed one hundred twenty-five dollars ($125).
10231039
10241040 (2) For a branch office certificate for a private investigator, the fee shall not exceed thirty dollars ($30).
10251041
10261042 (e) The delinquency fee is 50 percent of the renewal fee in effect on the date of expiration.
10271043
10281044 (f) A reinstatement fee is equal to the amount of the renewal fee plus the regular delinquency fee.
10291045
10301046 (g) The fee for reexamination of an applicant or his or her qualified manager shall not exceed fifteen dollars ($15).
10311047
10321048 (h) This section shall become operative on January 1, 2021.