CSHB 158(JUD): "An Act providing for the licensing and regulation of private investigators and private investigator agencies; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 158(JUD) 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) regulation of private investigators under AS 08.85. 06 * Sec. 2. AS 08 is amended by adding a new chapter to read: 07 Chapter 85. Private Investigators and Private Investigator Agencies. 08 Sec. 08.85.100. License and certificate required. (a) Unless a person is 09 licensed under this chapter or is exempt from licensure under AS 08.85.800, a person 10 may not 11 (1) perform the functions and duties of a private investigator; 12 (2) act in a manner intended to convey the impression that the person 13 is a private investigator; 14 (3) act in a manner that may reasonably be construed as performance
01 the functions and duties of a private investigator; or 02 (4) advertise to the public in the media as being engaged in performing 03 or as qualified to perform the functions and duties of a private investigator in this 04 state. 05 (b) Unless exempt under AS 08.85.800, a person may not 06 (1) perform the functions and duties of a private investigator unless the 07 person is, or is employed by, a person holding a private investigator agency certificate 08 issued under this chapter; 09 (2) operate a private investigator agency without a private investigator 10 agency certificate issued under this chapter. 11 (c) A person who knowingly violates this section is guilty of a class A 12 misdemeanor. 13 Sec. 08.85.110. General requirements for private investigators. To obtain a 14 class A or class B private investigator license an applicant 15 (1) must be a citizen or resident alien of the United States; 16 (2) may not have been convicted of a felony in any jurisdiction in the 17 20 years preceding license application; 18 (3) may not have been convicted of a crime of dishonesty or sexual 19 misconduct, as defined by the department in any jurisdiction that the department 20 determines 21 (A) directly relates to the applicant's capacity to perform the 22 duties of a private investigator; and 23 (B) provides grounds for denying licensure under this chapter 24 to protect the citizens of the state; 25 (4) may not be on probation, parole, or named on an outstanding arrest 26 warrant; 27 (5) may not have been dishonorably discharged from the armed forces 28 of the United States; 29 (6) may not have been declared by a court of competent jurisdiction to 30 be incompetent by reason of mental disease or defect unless a court has since declared 31 the person to be competent; and
01 (7) may not be currently employed 02 (A) as a peace officer; 03 (B) by an agency of the United States, or of a state or local 04 government, if the position held involves the enforcement of law or provides 05 access to police or intelligence information or files generally considered to be 06 restricted to law enforcement or investigative personnel only; or 07 (C) in a position that, in the judgment of the department, 08 represents a conflict of interest for the prospective licensee. 09 Sec. 08.85.120. Classes of license. (a) The department shall issue a class A 10 license under this chapter to an individual who qualifies under AS 08.85.110 and 11 08.85.130. A class A license entitles an individual to operate a private investigator 12 agency as an individual, partner, or chief executive officer of a corporation. 13 (b) The department shall issue a class B license under this chapter to an 14 individual who qualifies under AS 08.85.110 and 08.85.140. A class B license entitles 15 an individual to be employed by a private investigator agency to perform private 16 investigations. 17 Sec. 08.85.130. Private investigator class A license; qualifications. (a) The 18 department shall issue a private investigator class A license to an applicant who, in 19 addition to meeting the requirements of AS 08.85.110, 20 (1) is at least 21 years of age; 21 (2) passes a written examination as required by the department; 22 (3) pays the required fee; and 23 (4) has provided evidence satisfactory to the department of work 24 experience and education or their equivalent of one of the following; 25 (A) a high school diploma and three or more years experience 26 in investigative work; 27 (B) an associate's degree from an accredited college or 28 university and two or more years of experience in investigative work; or 29 (C) a bachelor's, master's, or doctorate degree from an 30 accredited college or university and one or more years of experience in 31 investigative work.
01 (b) In this section, a year's experience means 1,500 hours or more of actual 02 compensated work performed before the filing of an application. An applicant shall 03 substantiate the experience by providing written certifications from previous 04 employers. If an applicant is unable to supply written certifications from previous 05 employers, an applicant may offer written certifications from people other than 06 employers who, based on personal knowledge, can substantiate the applicant's 07 employment. 08 Sec. 08.85.140. Private investigator class B license; qualifications. The 09 department shall issue a class B license under this chapter to an applicant who, in 10 addition to meeting the general requirements of AS 08.85.110, 11 (1) is 18 years of age or older; 12 (2) passes a written examination as required by the department; and 13 (3) pays the required fee; 14 (4) has a high school diploma or equivalent; 15 (5) is employed by or has an offer of employment from a private 16 investigator agency licensed under this chapter. 17 Sec. 08.85.150. License application. (a) An application for a license under 18 this chapter shall be submitted to the department on a form and in a manner provided 19 by the department. 20 (b) An application must include the following information about an applicant: 21 (1) the applicant's full name; 22 (2) the applicant's business name; 23 (3) the applicant's residence address; 24 (4) the applicant's residential telephone number; 25 (5) the applicant's residential mailing address; 26 (6) the applicant's residence history for the five years immediately 27 preceeding the application; 28 (7) the applicant's business address; 29 (8) the applicant's business telephone number; 30 (9) the applicant's sex; 31 (10) the applicant's height and weight;
01 (11) the applicant's hair and eye color; 02 (12) the applicant's date of birth; 03 (13) the applicant's social security number; 04 (14) the applicant's Alaska driver's license number and expiration date; 05 (15) the applicant's citizenship; 06 (16) the applicant's criminal history and conviction record; 07 (17) the applicant's employment history for the five-year period 08 preceding the date of application, including reasons for termination and the applicant's 09 eligibility for rehire; 10 (18) the name and address of all business entities in which the 11 applicant or the applicant's spouse has a vested interest. 12 (c) The application must include the applicant's 13 (1) sworn statement that the applicant is free from any mental or 14 emotional disorder that may adversely affect the applicant's performance as a private 15 investigator; 16 (2) sworn statement that the applicant has read and understands 17 AS 08.85.100 - 08.85.900; 18 (3) sworn statement that the information contained in the application is 19 true; and 20 (4) notarized signature. 21 (d) The applicant shall submit with the application 22 (1) two complete fingerprint cards containing fingerprints and other 23 information required by the Department of Public Safety to obtain state and national 24 criminal history record information under AS 12.62 and AS 12.64; 25 (2) a fee payable to the department for fingerprint processing and for a 26 national criminal history record check under AS 12.62.400; 27 (3) two photographs of the applicant suitable for a passport; 28 (4) letters of recommendation from three reputable citizens, at least 29 one of whom is a resident of the state, attesting to the good character of the applicant; 30 and 31 (5) documentation required by the department to substantiate that the
01 applicant meets the applicable requirements of this chapter. 02 (e) On receipt of an application for a license, the department shall conduct an 03 investigation to determine whether the facts set out in the application are accurate. 04 Sec. 08.85.160. Investigation of applicants. (a) When investigating an 05 applicant for licensure or a certificate under this chapter, the department may require 06 any information and documentation that reasonably relates to the need to determine 07 whether the applicant meets the criteria for a license or certificate. The department 08 shall also request the Department of Public Safety to compare the fingerprints 09 submitted with an application to national and state fingerprint records available under 10 AS 12.62. 11 (b) The department may, by regulation, require that fingerprints of licensees 12 be periodically reprocessed to identify criminal convictions subsequent to licensure 13 under this chapter. 14 (c) A summary of the information acquired under this section, to the extent 15 that it is public information, may be forwarded by the department to an applicant's 16 employer. 17 Sec. 08.85.200. Reciprocal licensure. The department may grant a private 18 investigator license class A or B under this chapter to a person who 19 (1) applies on a form prescribed by the department; 20 (2) pays the appropriate application fee; and 21 (3) holds a valid license, registration, identification, or similar card 22 issued by a state that 23 (A) recognizes and accepts licenses issued under this chapter in 24 a reciprocal manner; and 25 (B) is determined by the department to have selection, training, 26 and other requirements at least as stringent as those required by this chapter. 27 Sec. 08.85.300. License cards. (a) The department shall issue a class A license 28 card to each individual licensed as a class A private investigator under this chapter and 29 a class B license card to each individual licensed as a class B private investigator 30 under this chapter. 31 (b) The license cards shall bear the name, license number, class of license,
01 photograph, signature, and identifying data of the licensee, and the signature of the 02 commissioner. 03 (c) A licensed private investigator shall carry the license card while 04 performing the duties of a private investigator and shall produce the card within 72 05 hours on request of an employee of the department. 06 (d) A licensed private investigator whose license is suspended or revoked shall 07 return the license card to the department within 10 days after the date of notification of 08 the license suspension or revocation. 09 (e) In the event of loss or destruction of a license card, the licensee may apply 10 to the department for a replacement card, stating the circumstances of the loss. 11 Sec. 08.85.400. Private investigator agency certificate. (a) The department 12 shall issue to each private investigator agency that qualifies under this section a 13 certificate bearing the name or names of the agency's licensees, the license numbers, 14 the business name under which the agency is operating, the authorized operating 15 location of the business, the expiration date, and the signature of the commissioner. 16 An individual is not eligible for a certificate unless the individual holds a class A 17 license under this chapter. A partnership is not eligible for a certificate unless each 18 partner holds a class A license under this chapter. A corporation is not eligible for a 19 certificate unless the chief executive officer holds a class A license under this chapter. 20 To qualify for a certificate, the agency shall provide evidence satisfactory to the 21 department of the agency's possession of 22 (1) errors and omissions insurance of $100,000 or more; and 23 (2) a current business license issued by the department and a municipal 24 or borough license, if required. 25 (b) A private investigator agency certificate holder 26 (1) shall post and display the certificate in a conspicuous place in the 27 principal office of the certificate holder in the state; 28 (2) may not post the certificate on premises other than those described 29 in the certificate; 30 (3) may not materially alter a certificate; 31 (4) shall include the agency's certificate number in any advertisement
01 by the agency; and 02 (5) shall notify the department within 30 days after a change in the 03 agency's officers, directors, or partners, or a material change in the information 04 furnished to the department. 05 (c) A certificate issued under this section may not be assigned or transferred 06 without prior written approval of the department. 07 (d) A person who knowingly violates (b) of this section is guilty of a class A 08 misdemeanor. 09 Sec. 08.85.500. License renewal; nontransferability. (a) A license issued 10 under this chapter is nontransferable and, unless revoked or suspended, may be 11 renewed on a date set by the department upon proof of the licensee's continued 12 competency. 13 (b) A licensee shall apply for renewal and pay the renewal fee as established 14 by the department on or before the renewal date of the license. A licensee who fails to 15 pay the renewal fee by the renewal date set by the department may, within 30 days, 16 pay the renewal fee plus a penalty in an amount to be established by the department, 17 not to exceed twice the amount of the renewal fee. 18 (c) If a licensee fails to pay the renewal fee, with accrued penalty, within 30 19 days after the renewal date, the license terminates. The person may reapply under 20 AS 08.85.150. 21 (d) Before renewing a license, the department may request criminal history 22 information from the Department of Public Safety. The department may not renew the 23 license of a licensee who does not meet the requirements of AS 08.85.110 for a license 24 application. 25 Sec. 08.85.550. Continuing education. (a) Class A and B licensees under this 26 chapter shall complete 20 hours or more of education every two years. 27 (b) When a licensee applies for a license renewal under AS 08.85.500, the 28 licensee shall provide proof satisfactory to the department of having completed the 29 education requirements under this section. 30 (c) Continuing education requirements shall be established by the department. 31 Sec. 08.85.600. Confidentiality of licensee's personal identifying
01 information. A licensee's residential address, residential telephone number, electronic 02 mail address, social security number, photograph, and other personal identifying 03 information that is disclosed under AS 08.85.150 is required to be kept confidential 04 and is not subject to disclosure under AS 40.25.110 - 40.25.220 unless written consent 05 is provided by the licensee. 06 Sec. 08.85.700. Prohibited practices. The following acts by a person licensed 07 under this chapter are prohibited and constitute grounds for a disciplinary action of a 08 type authorized for boards under AS 08.01.075 or denial of a license under this 09 chapter, as determined by the department: 10 (1) knowingly violating a provision of this chapter or a regulation 11 adopted under this chapter; 12 (2) accepting employment that the licensee under this chapter knows to 13 include gathering information intended for illegal purposes; 14 (3) knowingly making a material misstatement or omission in the 15 application for or renewal of a license, including falsifying requested identification 16 information; 17 (4) causing another person to reasonably believe that the private 18 investigator is an agent or employee of the state, the United States, or a political 19 subdivision of the state or United States by 20 (A) wearing a uniform or presenting or displaying a badge or 21 credentials that would cause a reasonable person to believe that the person has 22 official authority as a state, federal, or municipal representative or law 23 enforcement officer 24 (B) displaying warning or flashing vehicle lights; or 25 (C) committing an act or making a statement intended to 26 convey official status; 27 (5) conviction of a crime that directly relates to the business for which 28 the license is held or sought, regardless of whether a sentence was suspended; a 29 conviction based on a plea of nolo contendere creates a rebuttable presumption of guilt 30 as to the underlying charges, and the department shall allow the individual being 31 disciplined or denied a license under this chapter to present any mitigating evidence
01 relevant to the reason for or circumstances surrounding the plea; 02 (6) soliciting business for an attorney in return for compensation; 03 (7) failure to cooperate with the department by 04 (A) not furnishing necessary papers or documents requested for 05 purposes of conducting an investigation for disciplinary action, denial, 06 suspension, or revocation of a license under this chapter; 07 (B) not furnishing in writing a full and complete explanation 08 covering the matter contained in a complaint filed with the department; or 09 (C) not responding to a subpoena issued by the department, 10 regardless of whether the recipient of the subpoena is the accused in the 11 proceeding; or 12 (8) failure to comply with an order issued by the department. 13 Sec. 08.85.750. Immunity for complainants. An action may not be brought 14 against a person for damages resulting from a complaint filed in good faith with the 15 department about a person licensed a holding or certificate under this chapter. 16 Sec. 08.85.760. Fees. Under AS 08.01.065, the department shall establish fees 17 for private investigators and private investigator agencies for the following: 18 (1) filing an examination or licensing application; 19 (2) examination fee; 20 (3) investigation of application; 21 (4) initial license; 22 (5) filing a reexamination application; 23 (6) duplicate license; 24 (7) license certificate; 25 (8) license card; 26 (9) renewal of a license; 27 (10) delinquent renewal of a license; 28 (11) fingerprint investigation; 29 (12) review of an application under AS 08.85.120. 30 Sec. 08.85.770. Administrative Procedure Act. Regulations and proceedings 31 under this chapter are governed by AS 44.62 (Administrative Procedure Act).
01 Sec. 08.85.800. Exemptions. The licensing requirements of this chapter do not 02 apply to 03 (1) a person who is employed exclusively or regularly by one 04 employer who performs investigations solely in connection with the affairs of that 05 employer if the employer is not a private investigator agency; 06 (2) an officer or employee of the United States, a political subdivision 07 of the United States, this state, or a political subdivision of this state, while engaged in 08 the performance of the officer's or employee's official duties; 09 (3) a person engaged exclusively in the business of obtaining and 10 furnishing information about the financial rating of persons; 11 (4) an attorney, while performing the attorney's duties as an attorney; 12 (5) a licensed collection agency or its employee, while acting within 13 the scope of that person's employment and making an investigation incidental to the 14 business of the agency; 15 (6) an insurer, insurance agent, or insurance broker licensed by the 16 state, while performing duties in connection with insurance transacted by the insurer, 17 insurance agent, or insurance broker; 18 (7) a bank subject to the jurisdiction of the department or the United 19 States Comptroller of the Currency, or a savings and loan association subject to the 20 jurisdiction of this state or the Federal Home Loan Bank Board; 21 (8) a licensed insurance adjuster performing the adjuster's duties within 22 the scope of the adjuster's license; 23 (9) a secured creditor engaged in the repossession of the creditor's 24 collateral or a lessor engaged in the repossession of leased property in which it claims 25 an interest; 26 (10) a person who is a forensic scientist or an accident 27 reconstructionist or who performs similar functions and who does not hold out to be 28 an investigator in any other capacity; 29 (11) a person solely engaged in the business of securing information 30 about persons or property from public records; 31 (12) a member or employee of the news media, while engaged in
01 obtaining information for the purposes of disseminating news to the public; 02 (13) a person who has a private investigator license or the equivalent 03 from another jurisdiction who 04 (A) registers with the department before acting as a private 05 investigator in the state; 06 (B) acts as a private investigator in the state for less than 14 07 days in a calendar year; 08 (C) demonstrates to the satisfaction of the department that the 09 license requirements of the other jurisdiction are at least as restrictive as this 10 state's requirements; and 11 (D) demonstrates to the satisfaction of the department that the 12 other jurisdiction allows licensees from this state to operate in the other 13 jurisdiction; 14 (14) a private process server who is licensed in this state and is 15 performing duties under the Alaska Rules of Court; 16 (15) a paralegal in the employ of an attorney or law firm, while 17 performing paralegal services on behalf of an attorney or law firm; and 18 (16) a person who, for hire, or otherwise, conducts genealogical 19 research and does not represent that the person is a private investigator. 20 Sec. 08.85.900. Definitions. In this chapter, 21 (1) "commissioner" means the commissioner of commerce, 22 community, and economic development; 23 (2) "department" means the Department of Commerce, Community, 24 and Economic Development; 25 (3) "forensic scientist" or "accident reconstructionist" means a person 26 engaged exclusively in collecting and analyzing physical evidence and data relating to 27 an accident or other matter and compiling the evidence or data to render an opinion of 28 likely cause, fault, or circumstance of the accident or matter; 29 (4) "perform the functions and duties of a private investigator" means 30 to engage in business or accept employment to furnish, agree to conduct, or conduct 31 an investigation for the purpose of obtaining information about
01 (A) criminal offenses; 02 (B) the identity, habits, conduct, business, occupation, honesty, 03 integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, 04 movement, whereabouts, affiliations, associations, transactions, acts, 05 reputation, or character of a person, entity, or thing; 06 (C) the location, disposition, or recovery of lost or stolen 07 property; 08 (D) the cause or responsibility for fires, libels, losses, 09 accidents, or damage or injury to persons or property; 10 (E) evidence to be used before a court, board, officer, or 11 investigative committee; 12 (F) detecting the presence of electronic eavesdropping devices; 13 or 14 (G) the truth or falsity of a statement or representation; 15 (5) "private investigator" means a person who performs the functions 16 and duties of a private investigator. 17 * Sec. 3. AS 12.62.400 is amended by adding a new paragraph to read: 18 (15) licensure as a private investigator or private investigator agency 19 under AS 08.85. 20 * Sec. 4. AS 44.62.330(a) is amended by adding a new paragraph to read: 21 (47) Department of Commerce, Community, and Economic 22 Development concerning the licensing and regulation of private investigators under 23 AS 08.85. 24 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 TRANSITIONAL PROVISIONS. (a) An individual who, before July 1, 2008, was 27 validly licensed as a private investigator or private investigator agency by a political 28 subdivision of this state or who, before July 1, 2008, held a current and active business license 29 from the state for a private investigator business shall be issued a private investigator class A 30 license by the department if the person 31 (1) meets the qualifications of AS 08.85.110, enacted by sec. 2 of this Act;
01 (2) provides evidence satisfactory to the department that the person has 02 performed 1,500 hours or more of private investigation work in the business for which the 03 person holds a license; 04 (3) completes the application process required under AS 08.85.150, enacted 05 by sec. 2 of this Act; and 06 (4) pays the required fees. 07 (b) A person who does not meet the requirements of (a) of this section and, before 08 July 1, 2008, was a private investigator employed by a person who satisfied the requirements 09 of (a) of this section shall be issued a private investigator class B license by the department if 10 the person 11 (1) meets the qualifications of AS 08.85.110, enacted by sec. 2 of this Act; 12 (2) completes the application process required under AS 08.85.150, enacted 13 by sec. 2 of this Act; and 14 (3) pays the required fees. 15 (c) A person licensed under this section shall comply with license renewal 16 requirements under AS 08.85.500, added by sec. 2 of this Act. 17 (d) In this section, "department" means the Department of Commerce, Community, 18 and Economic Development. 19 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 REGULATIONS. The Department of Commerce, Community, and Economic 22 Development may proceed to adopt regulations to implement this Act. A regulation adopted 23 under the authority of this section takes effect under AS 44.62 (Administrative Procedure Act) 24 but not before the effective date of the law implemented by the regulation. 25 * Sec. 7. Except as provided in sec. 8 of this Act, this Act takes effect immediately under 26 AS 01.10.070(c). 27 * Sec. 8. AS 08.85.100 and 08.85.400, enacted by sec. 2 of this Act, take effect July 1, 28 2008.