HB 158: "An Act providing for the licensing and regulation of private investigators and private investigator agencies; and providing for an effective date."
00 HOUSE BILL NO. 158 01 "An Act providing for the licensing and regulation of private investigators and private 02 investigator agencies; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 08.01.010 is amended by adding a new paragraph to read: 05 (39) Board of Private Investigators (AS 08.85). 06 * Sec. 2. AS 08.03.010(c) is amended by adding a new paragraph to read: 07 (23) Board of Private Investigators (AS 08.85.010) - June 30, 2010. 08 * Sec. 3. AS 08 is amended by adding a new chapter to read: 09 Chapter 85. Private Investigators and Private Investigator Agencies. 10 Article 1. Board of Private Investigators. 11 Sec. 08.85.010. Board established. There is established the Board of Private 12 Investigators. The board consists of five members appointed by the governor as 13 follows: 14 (1) two individuals who are licensed as private investigators under this
01 chapter and who have at least five years of experience in this state as a private 02 investigator; 03 (2) one state and one local peace officer; and 04 (3) one public member. 05 Sec. 08.85.020. General duties. In addition to the powers and duties conferred 06 on the board by AS 08.01, the board shall 07 (1) regulate private investigators and private investigator agencies 08 under this chapter; 09 (2) adopt regulations to implement this chapter, including regulations 10 that establish 11 (A) standards of professional conduct or practice for private 12 investigators licensed under, and private investigator agencies holding 13 certificates under, this chapter; and 14 (B) continuing education requirements that must be met before 15 renewal of a license issued under this chapter. 16 Sec. 08.85.030. Investigation of applicants. (a) When investigating an 17 applicant for licensure or a certificate under this chapter, the department may require 18 any information and documentation that reasonably relates to the need to determine 19 whether the applicant meets the criteria for a license or certificate. During the 20 investigation, the department shall solicit comments about the applicant from the chief 21 law enforcement officer of the municipality in which the applicant or the applicant's 22 agency or employer is located. The department shall also request the Department of 23 Public Safety to compare the fingerprints submitted with an application to national and 24 state fingerprint records available under AS 12.62. 25 (b) The board may, by regulation, require that fingerprints of licensees be 26 periodically reprocessed to identify criminal convictions subsequent to licensure under 27 this chapter. 28 (c) A summary of the information acquired under this section, to the extent 29 that it is public information, may be forwarded by the department or the board to an 30 applicant's employer. 31 Sec. 08.85.040. Immunity for complainants. An action may not be brought
01 against a person for damages resulting from a complaint filed in good faith with the 02 board or the department about a person licensed a holding or certificate under this 03 chapter. 04 Sec. 08.85.050. Fees. Under AS 08.01.065, the department shall establish fees 05 for private investigators and private investigator agencies for the following: 06 (1) filing an examination or licensing application; 07 (2) examination fee; 08 (3) investigation of application; 09 (4) initial license; 10 (5) filing a reexamination application; 11 (6) duplicate license; 12 (7) license certificate; 13 (8) license card; 14 (9) renewal of a license; 15 (10) delinquent renewal of a license; 16 (11) fingerprint investigation; 17 (12) review of an application under AS 08.85.120. 18 Sec. 08.85.060. Administrative Procedure Act. Regulations and proceedings 19 under this chapter are governed by AS 44.62 (Administrative Procedure Act). 20 Article 2. Private Investigators and Private Investigator Agencies. 21 Sec. 08.85.100. License and certificate required. (a) Unless a person is 22 licensed under this chapter or is exempt from licensure under AS 08.85.800, a person 23 may not 24 (1) perform the functions and duties of a private investigator; 25 (2) act in a manner intended to convey the impression that the person 26 is a private investigator; 27 (3) act in a manner that may reasonably be construed as performance 28 the functions and duties of a private investigator; or 29 (4) advertise to the public in the media as being engaged in performing 30 or as qualified to perform the functions and duties of a private investigator in this 31 state.
01 (b) Unless exempt under AS 08.85.800, a person may not 02 (1) perform the functions and duties of a private investigator unless the 03 person is, or is employed by, a person holding a private investigator agency certificate 04 issued under this chapter; 05 (2) operate a private investigator agency without a private investigator 06 agency certificate issued under this chapter. 07 (c) A person who knowingly violates this section is guilty of a class A 08 misdemeanor. 09 Sec. 08.85.110. General requirements for private investigators. To obtain a 10 class A or class B private investigator license an applicant 11 (1) must be a citizen or resident alien of the United States; 12 (2) may not have been convicted of a felony in any jurisdiction in the 13 10 years preceding license application; 14 (3) may not have been convicted of a crime of dishonesty or sexual 15 misconduct, as defined by the board in any jurisdiction that the board determines 16 (A) directly relates to the applicant's capacity to perform the 17 duties of a private investigator; and 18 (B) provides grounds for denying licensure under this chapter 19 to protect the citizens of the state; 20 (4) may not be on probation, parole, or named on an outstanding arrest 21 warrant; 22 (5) may not have been dishonorably discharged from the armed forces 23 of the United States; 24 (6) may not have been declared by a court of competent jurisdiction to 25 be incompetent by reason of mental disease or defect unless a court has since declared 26 the person to be competent; and 27 (7) may not be currently employed 28 (A) as a peace officer; 29 (B) by an agency of the United States, or of a state or local 30 government, if the position held involves the enforcement of law or provides 31 access to police or intelligence information or files generally considered to be
01 restricted to law enforcement or investigative personnel only; or 02 (C) in a position that, in the judgment of the board, represents a 03 conflict of interest for the prospective licensee. 04 Sec. 08.85.120. Classes of license. (a) The board shall issue a class A license 05 under this chapter to an individual who qualifies under AS 08.85.110 and 08.85.130. 06 A class A license entitles an individual to operate a private investigator agency as an 07 individual, partner, or chief executive officer of a corporation. 08 (b) The department shall issue a class B license under this chapter to an 09 individual who qualifies under AS 08.85.110 and 08.85.140. A class B license entitles 10 an individual to be employed by a private investigator agency to perform private 11 investigations. 12 Sec. 08.85.130. Private investigator class A license; qualifications. (a) The 13 board shall issue a private investigator class A license to an applicant who, in addition 14 to meeting the requirements of AS 08.85.110, 15 (1) is at least 21 years of age; 16 (2) passes a written examination as required by the department; 17 (3) pays the required fee; and 18 (4) has provided evidence satisfactory to the board of work experience 19 and education or their equivalent of one of the following; 20 (A) a high school diploma and three or more years experience 21 in investigative work; 22 (B) an associate's degree from an accredited college or 23 university and two or more years of experience in investigative work; or 24 (C) a bachelor's, master's, or doctorate degree from an 25 accredited college or university and one or more years of experience in 26 investigative work. 27 (b) In this section, a year's experience means 1,500 hours or more of actual 28 compensated work performed before the filing of an application. An applicant shall 29 substantiate the experience by providing written certifications from previous 30 employers. If an applicant is unable to supply written certifications from previous 31 employers, an applicant may offer written certifications from people other than
01 employers who, based on personal knowledge, can substantiate the applicant's 02 employment. 03 Sec. 08.85.140. Private investigator class B license; qualifications. The 04 board shall issue a class B license under this chapter to an applicant who, in addition 05 to meeting the general requirements of AS 08.85.110, 06 (1) is 18 years of age or older; 07 (2) has a high school diploma or equivalent; 08 (3) pays the required fee; and 09 (4) is employed by or has an offer of employment from a private 10 investigator agency licensed under this chapter. 11 Sec. 08.85.150. License application. (a) An application for a license under 12 this chapter shall be submitted to the department on a form and in a manner provided 13 by the department. 14 (b) An application must include the following information about an applicant: 15 (1) the applicant's full name; 16 (2) the applicant's business name; 17 (3) the applicant's residence address; 18 (4) the applicant's residential telephone number; 19 (5) the applicant's residential mailing address; 20 (6) the applicant's residence history for the five years immediately 21 preceeding the application; 22 (7) the applicant's business address; 23 (8) the applicant's business telephone number; 24 (9) the applicant's sex; 25 (10) the applicant's height and weight; 26 (11) the applicant's hair and eye color; 27 (12) the applicant's date of birth; 28 (13) the applicant's social security number; 29 (14) the applicant's Alaska driver's license number and expiration date; 30 (15) the applicant's citizenship; 31 (16) the applicant's criminal history and conviction record;
01 (17) the applicant's employment history for the five-year period 02 preceding the date of application, including reasons for termination and the applicant's 03 eligibility for rehire; 04 (18) the name and address of all business entities in which the 05 applicant or the applicant's spouse has a vested interest. 06 (c) The application must include the applicant's 07 (1) sworn statement that the applicant is free from any mental or 08 emotional disorder that may adversely affect the applicant's performance as a private 09 investigator; 10 (2) sworn statement that the applicant has read and understands 11 AS 08.85.100 - 08.85.900; 12 (3) sworn statement that the information contained in the application is 13 true; and 14 (4) notarized signature. 15 (d) The applicant shall submit with the application 16 (1) two complete fingerprint cards containing fingerprints and other 17 information required by the Department of Public Safety to obtain state and national 18 criminal history record information under AS 12.62 and AS 12.64; 19 (2) a fee payable to the department for fingerprint processing and for a 20 national criminal history record check under AS 12.62.400; 21 (3) two photographs of the applicant suitable for a passport; 22 (4) letters of recommendation from three reputable citizens, at least 23 one of whom is a resident of the state, attesting to the good character of the applicant; 24 and 25 (5) documentation required by the board to substantiate that the 26 applicant meets the applicable requirements of this chapter. 27 (e) On receipt of an application for a license, the department shall conduct an 28 investigation to determine whether the facts set out in the application are accurate. On 29 completion of its investigation, the department shall submit the results with the 30 completed application packet to the Department of Public Safety for review and final 31 determination. As part of its review, the Department of Public Safety may conduct an
01 interview with the applicant. 02 Sec. 08.85.200. Reciprocal licensure. The board may grant a private 03 investigator license class A or B under this chapter to a person who 04 (1) applies on a form prescribed by the board; 05 (2) pays the appropriate application fee; and 06 (3) holds a valid license, registration, identification, or similar card 07 issued by a state that 08 (A) recognizes and accepts licenses issued under this chapter in 09 a reciprocal manner; and 10 (B) is determined by the board to have selection, training, and 11 other requirements at least as stringent as those required by this chapter. 12 Sec. 08.85.300. License cards. (a) The board shall issue a class A license card 13 to each individual licensed as a class A private investigator under this chapter and a 14 class B license card to each individual licensed as a class B private investigator under 15 this chapter. 16 (b) The license cards shall bear the name, license number, class of license, 17 photograph, signature, and identifying data of the licensee, and the signature of the 18 commissioner. 19 (c) A licensed private investigator shall carry the license card while 20 performing the duties of a private investigator and shall produce the card within 72 21 hours on request of an employee of the department. 22 (d) A licensed private investigator whose license is suspended or revoked shall 23 return the license card to the department within 10 days after the date of notification of 24 the license suspension or revocation. 25 (e) In the event of loss or destruction of a license card, the licensee may apply 26 to the department for a replacement card, stating the circumstances of the loss. 27 Sec. 08.85.400. Private investigator agency certificate. (a) The department 28 shall issue to each private investigator agency that qualifies under this section a 29 certificate bearing the name or names of the agency's licensees, the license numbers, 30 the business name under which the agency is operating, the authorized operating 31 location of the business, the expiration date, and the signature of the commissioner.
01 An individual is not eligible for a certificate unless the individual holds a class A 02 license under this chapter. A partnership is not eligible for a certificate unless each 03 partner holds a class A license under this chapter. A corporation is not eligible for a 04 certificate unless the chief executive officer holds a class A license under this chapter. 05 To qualify for a certificate, the agency shall provide evidence satisfactory to the board 06 of the agency's possession of 07 (1) a surety bond issued by a corporation in the amount of $15,000 or 08 more; 09 (2) errors and omissions insurance of $100,000 or more; and 10 (3) a current business license issued by the department and a municipal 11 or borough license, if required. 12 (b) A private investigator agency certificate holder 13 (1) shall post and display the certificate in a conspicuous place in the 14 principal office of the certificate holder in the state; 15 (2) may not post the certificate on premises other than those described 16 in the certificate; 17 (3) may not materially alter a certificate; 18 (4) shall include the agency's certificate number in any advertisement 19 by the agency; and 20 (5) shall notify the department within 30 days after a change in the 21 agency's officers, directors, or partners, or a material change in the information 22 furnished to the department. 23 (c) A certificate issued under this section may not be assigned or transferred 24 without prior written approval of the department. 25 (d) A person who knowingly violates (b) of this section is guilty of a class A 26 misdemeanor. 27 Sec. 08.85.500. License renewal; nontransferability. (a) A license issued 28 under this chapter is nontransferable and, unless revoked or suspended, may be 29 renewed on a date set by the board upon proof of the licensee's continued competency. 30 (b) A licensee shall apply for renewal and pay the renewal fee as established 31 by the board on or before the renewal date of the license. A licensee who fails to pay
01 the renewal fee by the renewal date set by the board may, within 30 days, pay the 02 renewal fee plus a penalty in an amount to be established by the board, not to exceed 03 twice the amount of the renewal fee. 04 (c) If a licensee fails to pay the renewal fee, with accrued penalty, within 30 05 days after the renewal date, the license terminates. The person may reapply under 06 AS 08.85.150. 07 (d) Before renewing a license, the department may request criminal history 08 information from the Department of Public Safety. The department may not renew the 09 license of a licensee who does not meet the requirements of AS 08.85.110 for a license 10 application. 11 Sec. 08.85.550. Continuing education. (a) A class A licensee under this 12 chapter shall complete 20 hours or more of education every two years. 13 (b) When a class A licensee applies for a license renewal under AS 08.85.500, 14 the licensee shall provide proof satisfactory to the department of having completed the 15 education requirements under this section. 16 (c) Continuing education requirements shall be established by the board under 17 AS 08.85.020. 18 Sec. 08.85.600. Confidentiality of licensee's personal identifying 19 information. A licensee's residential address, residential telephone number, electronic 20 mail address, social security number, photograph, and other personal identifying 21 information that is disclosed under AS 08.85.150 is required to be kept confidential 22 and is not subject to disclosure under AS 40.25.110 - 40.25.220 unless written consent 23 is provided by the licensee. 24 Sec. 08.85.700. Prohibited practices. The following acts by a person licensed 25 under this chapter are prohibited and constitute grounds for disciplinary action under 26 AS 08.01.075 or denial of a license under this chapter, as determined by the 27 department: 28 (1) knowingly violating a provision of this chapter or a regulation 29 adopted under this chapter; 30 (2) accepting employment that the licensee under this chapter knows to 31 include gathering information intended for illegal purposes;
01 (3) knowingly making a material misstatement or omission in the 02 application for or renewal of a license, including falsifying requested identification 03 information; 04 (4) causing another person to reasonably believe that the private 05 investigator is an agent or employee of the state, the United States, or a political 06 subdivision of the state or United States by 07 (A) wearing a uniform or presenting or displaying a badge or 08 credentials that would cause a reasonable person to believe that the person has 09 official authority as a state, federal, or municipal representative or law 10 enforcement officer 11 (B) displaying warning or flashing vehicle lights; or 12 (C) committing an act or making a statement intended to 13 convey official status; 14 (5) conviction of a crime that directly relates to the business for which 15 the license is held or sought, regardless of whether a sentence was suspended; a 16 conviction based on a plea of nolo contendere creates a rebuttable presumption of guilt 17 as to the underlying charges, and the department shall allow the individual being 18 disciplined or denied a license under this chapter to present any mitigating evidence 19 relevant to the reason for or circumstances surrounding the plea; 20 (6) soliciting business for an attorney in return for compensation; 21 (7) failure to cooperate with the board or the department by 22 (A) not furnishing necessary papers or documents requested for 23 purposes of conducting an investigation for disciplinary action, denial, 24 suspension, or revocation of a license under this chapter; 25 (B) not furnishing in writing a full and complete explanation 26 covering the matter contained in a complaint filed with the department or the 27 board; or 28 (C) not responding to a subpoena issued by the board or 29 department, regardless of whether the recipient of the subpoena is the accused 30 in the proceeding; or 31 (8) failure to comply with an order issued by the board or department.
01 Article 3. General Provisions. 02 Sec. 08.85.800. Exemptions. The licensing requirements of this chapter do not 03 apply to 04 (1) a person who is employed exclusively or regularly by one 05 employer who performs investigations solely in connection with the affairs of that 06 employer if the employer is not a private investigator agency; 07 (2) an officer or employee of the United States, a political subdivision 08 of the United States, this state, or a political subdivision of this state, while engaged in 09 the performance of the officer's or employee's official duties; 10 (3) a person engaged exclusively in the business of obtaining and 11 furnishing information about the financial rating of persons; 12 (4) an attorney, while performing the attorney's duties as an attorney; 13 (5) a licensed collection agency or its employee, while acting within 14 the scope of that person's employment and making an investigation incidental to the 15 business of the agency; 16 (6) an insurer, insurance agent, or insurance broker licensed by the 17 state, while performing duties in connection with insurance transacted by the insurer, 18 insurance agent, or insurance broker; 19 (7) a bank subject to the jurisdiction of the department or the United 20 States Comptroller of the Currency, or a savings and loan association subject to the 21 jurisdiction of this state or the Federal Home Loan Bank Board; 22 (8) a licensed insurance adjuster performing the adjuster's duties within 23 the scope of the adjuster's license; 24 (9) a secured creditor engaged in the repossession of the creditor's 25 collateral or a lessor engaged in the repossession of leased property in which it claims 26 an interest; 27 (10) a person who is a forensic scientist or an accident 28 reconstructionist or who performs similar functions and who does not hold out to be 29 an investigator in any other capacity; 30 (11) a person solely engaged in the business of securing information 31 about persons or property from public records;
01 (12) a member or employee of the news media, while engaged in 02 obtaining information for the purposes of disseminating news to the public; 03 (13) a person who has a private investigator license or the equivalent 04 from another jurisdiction who performs private investigation in this state for less than 05 30 days a calendar year and demonstrates to the satisfaction of the department that 06 (A) the licensure requirements of the other jurisdiction are at 07 least as restrictive as this state's requirements; and 08 (B) the other jurisdiction allows licensees from this state to 09 operate in the other jurisdiction; 10 (14) a private process server who is licensed in this state and is 11 performing duties under the Alaska Rules of Court; 12 (15) a paralegal in the employ of an attorney or law firm, while 13 performing paralegal services on behalf of an attorney or law firm; and 14 (16) a person who, for hire, or otherwise, conducts genealogical 15 research and does not represent that the person is a private investigator. 16 Sec. 08.85.900. Definitions. In this chapter, 17 (1) "board" means the Board of Private Investigators established under 18 this chapter; 19 (2) "commissioner" means the commissioner of commerce, 20 community, and economic development; 21 (3) "department" means the Department of Commerce, Community, 22 and Economic Development; 23 (4) "forensic scientist" or "accident reconstructionist" means a person 24 engaged exclusively in collecting and analyzing physical evidence and data relating to 25 an accident or other matter and compiling the evidence or data to render an opinion of 26 likely cause, fault, or circumstance of the accident or matter; 27 (5) "perform the functions and duties of a private investigator" means 28 to engage in business or accept employment to furnish, agree to conduct, or conduct 29 an investigation for the purpose of obtaining information about 30 (A) criminal offenses; 31 (B) the identity, habits, conduct, business, occupation, honesty,
01 integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, 02 movement, whereabouts, affiliations, associations, transactions, acts, 03 reputation, or character of a person, entity, or thing; 04 (C) the location, disposition, or recovery of lost or stolen 05 property; 06 (D) the cause or responsibility for fires, libels, losses, 07 accidents, or damage or injury to persons or property; 08 (E) evidence to be used before a court, board, officer, or 09 investigative committee; 10 (F) detecting the presence of electronic eavesdropping devices; 11 or 12 (G) the truth or falsity of a statement or representation; 13 (6) "private investigator" means a person who performs the functions 14 and duties of a private investigator. 15 * Sec. 4. AS 44.62.330(a) is amended by adding a new paragraph to read: 16 (47) Board of Private Investigators. 17 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 TRANSITIONAL PROVISIONS. (a) An individual who, before July 1, 2008, was 20 validly licensed as a private investigator or private investigator agency by a political 21 subdivision of this state or who, before July 1, 2008, held a current and active business license 22 from the state for a private investigator business shall be issued a private investigator class A 23 license by the board if the person 24 (1) meets the qualifications of AS 08.85.110, enacted by sec. 3 of this Act; 25 (2) provides evidence satisfactory to the board that the person has performed 26 1,500 hours or more of private investigation work in the business for which the person holds a 27 license; 28 (3) completes the application process required under AS 08.85.150, enacted 29 by sec. 3 of this Act; and 30 (4) pays the required fees. 31 (b) A person who does not meet the requirements of (a) of this section and, before
01 July 1, 2008, was a private investigator employed by a person who satisfied the requirements 02 of (a) of this section shall be issued a private investigator class B license by the board if the 03 person 04 (1) meets the qualifications of AS 08.85.110, enacted by sec. 3 of this Act; 05 (2) completes the application process required under AS 08.85.150, enacted 06 by sec. 3 of this Act; and 07 (3) pays the required fees. 08 (c) A person licensed under this section shall comply with license renewal 09 requirements under AS 08.85.500, added by sec. 3 of this Act. 10 (d) In this section, "board" means the Board of Private Investigators established under 11 sec. 3 of this Act. 12 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 REGULATIONS. The Department of Commerce, Community, and Economic 15 Development may proceed to adopt regulations to implement this Act. A regulation adopted 16 under the authority of this section takes effect under AS 44.62 (Administrative Procedure Act) 17 but not before the effective date of the law implemented by the regulation. 18 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 INITIAL BOARD MEMBERS. Notwithstanding AS 08.85.010, enacted by sec. 3 of 21 this Act, the persons appointed to the Board of Private Investigators to fill the seats designated 22 for private investigators or private investigative agencies licensed in this state are not required 23 to be licensed in this state at the time of appointment, but must be eligible for licensure under 24 AS 08.85.110 and 08.85.130, as enacted by sec. 3 of this Act. 25 * Sec. 8. Except as provided in sec. 9 of this Act, this Act takes effect immediately under 26 AS 01.10.070(c). 27 * Sec. 9. AS 08.85.100 and 08.85.400, enacted by sec. 3 of this Act, take effect July 1, 28 2008.