HB 253: "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. 253 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 required. (a) A person may not practice as a private 09 investigator unless the person is licensed under this chapter or exempt from licensure 10 under AS 08.85.310. 11 (b) A person may not hold themselves out as a private investigator unless the 12 person is licensed under this chapter. 13 (c) A person may not practice as a private investigator unless the person holds 14 a private investigator agency certificate or is employed by a private investigator
01 agency. 02 (d) A person who knowingly violates this section is guilty of a class A 03 misdemeanor and may be punished as provided in AS 12.55. 04 Sec. 08.85.110. Scope of practice. A private investigator licensed under this 05 chapter may engage in business or accept employment to furnish, agree to conduct, or 06 conduct an investigation for the purpose of obtaining information about 07 (1) criminal offenses; 08 (2) the identity, habits, conduct, business, occupation, honesty, 09 integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, 10 movement, whereabouts, affiliations, associations, transactions, acts, reputation, or 11 character of a person, entity, or thing; 12 (3) the location, disposition, or recovery of lost or stolen property; 13 (4) the cause or responsibility for fires, libels, losses, accidents, or 14 damage or injury to persons or property; 15 (5) evidence to be used before a court, board, officer, or investigative 16 committee; 17 (6) the presence of electronic eavesdropping devices; or 18 (7) the truth or falsity of a statement or representation. 19 Sec. 08.85.120. General requirements for private investigators. To obtain a 20 private investigator license, an applicant 21 (1) must be a citizen or resident alien of the United States; 22 (2) may not have been convicted of a felony in any jurisdiction in the 23 10 years preceding license application; 24 (3) may not have been convicted in this or another jurisdiction of a 25 crime of dishonesty or sexual misconduct, as defined by the department, that the 26 department determines 27 (A) directly relates to the applicant's capacity to perform the 28 duties of a private investigator; and 29 (B) provides grounds for denying licensure under this chapter 30 to protect the citizens of the state; 31 (4) may not be on probation, parole, or named on an outstanding arrest
01 warrant; 02 (5) may not have been dishonorably discharged from the armed forces 03 of the United States; 04 (6) may not have been declared by a court of competent jurisdiction to 05 be mentally incompetent unless a court has since declared the person to be competent; 06 and 07 (7) may not be currently employed 08 (A) as a peace officer; 09 (B) by an agency of the United States or a state or local 10 government if the position held involves the enforcement of law or provides 11 access to police or intelligence information or files generally considered to be 12 restricted to law enforcement or investigative personnel only; or 13 (C) in a position the department determines to represent a 14 conflict of interest for the prospective licensee. 15 Sec. 08.85.130. Classes of license. (a) The department shall issue a class A 16 license under this chapter to an individual who qualifies under AS 08.85.120 and 17 08.85.140. A class A license entitles an individual to operate a private investigator 18 agency as an individual, partner, or chief executive officer of a corporation. 19 (b) The department shall issue a class B license under this chapter to an 20 individual who qualifies under AS 08.85.120 and 08.85.150. A class B license entitles 21 an individual to be employed by a private investigator agency to perform private 22 investigations. 23 Sec. 08.85.140. Private investigator class A license; qualifications. (a) The 24 department shall issue a private investigator class A license to an applicant who, in 25 addition to meeting the requirements of AS 08.85.120, 26 (1) is at least 21 years of age; 27 (2) pays the required fee; and 28 (3) has provided evidence satisfactory to the department of work 29 experience and education or their equivalent of one of the following: 30 (A) a high school diploma and three or more years of 31 experience in investigative work;
01 (B) an associate's degree from an accredited college or 02 university and two or more years of experience in investigative work; or 03 (C) a bachelor's, master's, or doctorate degree from an 04 accredited college or university and one or more years of experience in 05 investigative work. 06 (b) In this section, a year's experience means 1,500 hours or more of actual 07 compensated work performed before the filing of an application. An applicant shall 08 substantiate the experience by providing written certifications from previous 09 employers. If an applicant is unable to supply written certifications from previous 10 employers, an applicant may offer written certifications from people other than 11 employers who, based on personal knowledge, can substantiate the applicant's 12 employment. 13 Sec. 08.85.150. Private investigator class B license; qualifications. The 14 department shall issue a class B license under this chapter to an applicant who, in 15 addition to meeting the general requirements of AS 08.85.120, 16 (1) is 18 years of age or older; 17 (2) pays the required fee; 18 (3) has a high school diploma or equivalent; and 19 (4) is employed by or has an offer of employment from a private 20 investigator agency licensed under this chapter. 21 Sec. 08.85.160. License application. (a) An application for a license under 22 this chapter shall be submitted to the department on a form and in a manner provided 23 by the department. 24 (b) An application must include the following information about an applicant: 25 (1) the applicant's full name; 26 (2) the applicant's business name; 27 (3) the applicant's residence address; 28 (4) the applicant's residential telephone number; 29 (5) the applicant's residential mailing address; 30 (6) the applicant's residence history for the five years immediately 31 preceding the application;
01 (7) the applicant's business address; 02 (8) the applicant's business telephone number; 03 (9) the applicant's sex; 04 (10) the applicant's height and weight; 05 (11) the applicant's hair and eye color; 06 (12) the applicant's date of birth; 07 (13) the applicant's social security number; 08 (14) the applicant's Alaska driver's license number and expiration date; 09 (15) the applicant's citizenship; 10 (16) the applicant's criminal history and conviction record; 11 (17) the applicant's employment history for the five-year period 12 preceding the date of application, including reasons for termination and the applicant's 13 eligibility for rehire; 14 (18) the name and address of all business entities in which the 15 applicant or the applicant's spouse has a vested interest. 16 (c) The application must include the applicant's 17 (1) statement that the applicant is free from any mental illness or 18 disability that may adversely affect the applicant's performance as a private 19 investigator; 20 (2) statement that the applicant has read and understands AS 08.85.100 21 - 08.85.320; 22 (3) statement that the information contained in the application is true; 23 and 24 (4) notarized signature. 25 (d) The applicant shall submit with the application 26 (1) fingerprints and the fees required by the Department of Public 27 Safety under AS 12.62.160 for criminal justice information and a national criminal 28 history record check; the department shall submit the fingerprints and fees to the 29 Department of Public Safety for a report of criminal justice information under 30 AS 12.62 and a national criminal history record check under AS 12.62.400; 31 (2) two photographs of the applicant in a form required by the
01 department; 02 (3) letters of recommendation from three citizens with no prior felony 03 convictions, at least one of whom is a resident of the state, attesting to the good 04 character of the applicant; and 05 (4) documentation required by the department to substantiate that the 06 applicant meets the applicable requirements of this chapter. 07 (e) On receipt of an application for a license, the department shall conduct an 08 investigation to determine whether the facts set out in the application are accurate. 09 (f) The department shall require that an application for a license issued under 10 this chapter be submitted under oath or affirmation or with notice that false statements 11 made are punishable as unsworn falsification in the second degree under 12 AS 11.56.210. 13 Sec. 08.85.170. Investigation of applicants. (a) When investigating an 14 applicant for licensure or a certificate under this chapter, the department may require 15 any information and documentation that reasonably relates to the need to determine 16 whether the applicant meets the criteria for a license or certificate. 17 (b) A summary of the information acquired under this section, to the extent 18 that it is public information, may be forwarded by the department to an applicant's 19 employer. 20 Sec. 08.85.200. Reciprocity. The department may grant a private investigator 21 license under this chapter to a person who 22 (1) applies on a form prescribed by the department; 23 (2) pays the appropriate application fee; and 24 (3) holds a valid license, registration, identification, or similar card 25 issued by a state that 26 (A) recognizes and accepts licenses issued under this chapter in 27 a reciprocal manner; and 28 (B) is determined by the department to have selection, training, 29 and other requirements at least as stringent as those required by this chapter. 30 Sec. 08.85.210. License cards. (a) The department shall issue a class A license 31 card to each individual licensed as a class A private investigator under this chapter and
01 a class B license card to each individual licensed as a class B private investigator 02 under this chapter. 03 (b) The license cards shall bear the name, license number, class of license, 04 photograph, signature, and identifying data of the licensee, and the signature of the 05 commissioner. 06 (c) A licensed private investigator shall carry the license card while 07 performing the duties of a private investigator and shall produce the card within 72 08 hours on request of an employee of the department. 09 (d) A licensed private investigator whose license is suspended or revoked shall 10 return the license card to the department within 10 days after the date of notification of 11 the license suspension or revocation. 12 (e) In the event of loss or destruction of a license card, the licensee may apply 13 to the department for a replacement card. 14 Sec. 08.85.220. Private investigator agency certificate. (a) A person may not 15 operate a private investigator agency without a private investigator agency certificate 16 issued under this section. 17 (b) The department shall issue to each private investigator agency that 18 qualifies under this section a certificate bearing the name of each of the agency's 19 licensees, the license numbers, the business name under which the agency is operating, 20 the authorized operating location of the business, the expiration date, and the signature 21 of the commissioner. An individual is not eligible for a certificate unless the individual 22 holds a class A license under this chapter. A partnership is not eligible for a certificate 23 unless each partner holds a class A license under this chapter. A corporation is not 24 eligible for a certificate unless the chief executive officer holds a class A license under 25 this chapter. To qualify for a certificate, the agency shall provide evidence satisfactory 26 to the department of the agency's possession of 27 (1) a current business license issued by the department and a municipal 28 license, if required; and 29 (2) either 30 (A) errors and omissions insurance of $100,000 or more; or 31 (B) possession of a corporate surety bond for not less than
01 $15,000. 02 (c) A private investigator agency certificate holder 03 (1) shall post and display the certificate in a conspicuous place in the 04 principal office of the certificate holder in the state; 05 (2) may not post the certificate on premises other than those described 06 in the certificate; 07 (3) may not materially alter a certificate; 08 (4) shall include the agency's certificate number in any advertisement 09 by the agency; and 10 (5) shall notify the department within 30 days after a change in the 11 agency's officers, directors, or partners, or a material change in the information 12 furnished to the department. 13 (d) A certificate issued under this section may not be assigned or transferred 14 without prior written approval of the department. 15 (e) A person who knowingly violates (a) or (c) of this section is guilty of a 16 class A misdemeanor. 17 Sec. 08.85.230. License renewal; nontransferability. (a) A license issued 18 under this chapter is nontransferable and, unless revoked or suspended, may be 19 renewed on a date set by the department upon proof of the licensee's continued 20 competency. 21 (b) A licensee shall apply for renewal and pay the renewal fee as established 22 by the department on or before the renewal date of the license. A licensee who fails to 23 pay the renewal fee by the renewal date set by the department may, within 30 days, 24 pay the renewal fee plus a penalty in an amount to be established by the department, 25 not to exceed twice the amount of the renewal fee. 26 (c) If a licensee fails to pay the renewal fee, with accrued penalty, within 30 27 days after the renewal date, the license terminates. The person may reapply under 28 AS 08.85.150. 29 (d) Before renewing a license, the department may request criminal history 30 information from the Department of Public Safety. Every third time a licensee applies 31 for renewal, the department shall require the licensee to submit the fingerprints and
01 fees required by AS 12.62.160 for criminal justice information and a national criminal 02 history record check. The department may not renew the license of a licensee who 03 does not meet the requirements of AS 08.85.120. 04 Sec. 08.85.240. Firearms training. A licensee may not carry a firearm while 05 practicing as a private investigator until the license has completed firearms training 06 acceptable to the department. 07 Sec. 08.85.250. Confidentiality of licensee's personal identifying 08 information. A licensee's residential address, residential telephone number, electronic 09 mail address, social security number, photograph, and other personal identifying 10 information that is disclosed under AS 08.85.160 is required to be kept confidential 11 and is not subject to disclosure under AS 40.25.110 - 40.25.220 unless written consent 12 is provided by the licensee. 13 Sec. 08.85.260. Prohibited practices. The department may impose the 14 disciplinary sanctions authorized for boards under AS 08.01.075 or refuse to issue a 15 license under this chapter when it finds that the licensee or the applicant 16 (1) knowingly violated a provision of this chapter or a regulation 17 adopted under this chapter; 18 (2) accepted employment that the licensee under this chapter knows to 19 include gathering information intended for illegal purposes; 20 (3) knowingly made a material misstatement or omission in the 21 application for or renewal of a license, including falsifying requested identification 22 information; 23 (4) violated AS 11.56.827 or 11.56.830 or otherwise caused another 24 person to reasonably believe that the private investigator is an agent or employee of 25 the state, the United States, or a political subdivision of the state or United States by 26 (A) wearing a uniform or presenting or displaying a badge or 27 credentials that would cause a reasonable person to believe that the person has 28 official authority as a state, federal, or municipal representative or law 29 enforcement officer; 30 (B) displaying warning or flashing vehicle lights; or 31 (C) committing an act or making a statement intended to
01 convey official status; 02 (5) was convicted of a crime that directly relates to the business for 03 which the license is held or sought, regardless of whether a sentence was suspended; a 04 conviction based on a plea of nolo contendere creates a rebuttable presumption of guilt 05 as to the underlying charges, and the department shall allow the individual being 06 disciplined or denied a license under this chapter to present any mitigating evidence 07 relevant to the reason for or circumstances surrounding the plea; 08 (6) solicited business for an attorney in return for compensation; 09 (7) failed to cooperate with the department by 10 (A) not furnishing necessary papers or documents requested for 11 purposes of conducting an investigation for disciplinary action, denial, 12 suspension, or revocation of a license under this chapter; 13 (B) not furnishing in writing a full and complete explanation 14 covering the matter contained in a complaint filed with the department; or 15 (C) not responding to a subpoena issued by the department, 16 regardless of whether the recipient of the subpoena is the accused in the 17 proceeding; or 18 (8) failed to comply with an order issued by the department. 19 Sec. 08.85.270. Immunity for complainants. An action may not be brought 20 against a person for damages resulting from a complaint filed in good faith with the 21 department about a person licensed or holding a certificate under this chapter. 22 Sec. 08.85.280. Administrative Procedure Act. AS 44.62 (Administrative 23 Procedure Act) governs regulations and proceedings under this chapter. 24 Sec. 08.85.310. Exemptions. The licensing requirements of this chapter do not 25 apply to 26 (1) a person who is employed exclusively or regularly by one 27 employer who performs investigations solely in connection with the affairs of that 28 employer if the employer is not a private investigator agency; 29 (2) an officer or employee of the United States, a political subdivision 30 of the United States, this state, or a political subdivision of this state, while engaged in 31 the performance of the officer's or employee's official duties;
01 (3) a person engaged exclusively in the business of obtaining and 02 furnishing information about the financial rating of persons; 03 (4) an attorney, while performing the attorney's duties as an attorney; 04 (5) a licensed collection agency or its employee, while acting within 05 the scope of that person's employment and making an investigation incidental to the 06 business of the agency; 07 (6) an insurer, insurance agent, or insurance broker licensed by the 08 state, while performing duties in connection with insurance transacted by the insurer, 09 insurance agent, or insurance broker; 10 (7) an employee of a bank subject to the jurisdiction of the department 11 or the United States Comptroller of the Currency, or a savings and loan association 12 subject to the jurisdiction of this state or the Federal Home Loan Bank Board while 13 acting within the scope of that person's employment; 14 (8) a licensed insurance adjuster performing the adjuster's duties within 15 the scope of the adjuster's license; 16 (9) a secured creditor engaged in the repossession of the creditor's 17 collateral or a lessor engaged in the repossession of leased property in which it claims 18 an interest; 19 (10) a forensic scientist or an accident reconstructionist who is 20 engaged exclusively in collecting and analyzing physical evidence and data relating to 21 an accident or other matter and compiling the evidence or data to render an opinion of 22 likely cause, fault, or circumstance of the accident or matter, and who does not hold 23 out to be an investigator in any other capacity; 24 (11) a person solely engaged in the business of securing information 25 about persons or property from public records; 26 (12) a member or employee of the news media, while engaged in 27 obtaining information for the purposes of disseminating news to the public; 28 (13) a person who has a private investigator license or the equivalent 29 from another jurisdiction who 30 (A) registers with the department before acting as a private 31 investigator in the state;
01 (B) acts as a private investigator in the state for less than 30 02 days in a calendar year; 03 (C) demonstrates to the satisfaction of the department that the 04 license requirements of the other jurisdiction are at least as restrictive as this 05 state's requirements; and 06 (D) demonstrates to the satisfaction of the department that the 07 other jurisdiction allows licensees from this state to operate in the other 08 jurisdiction; 09 (14) a private process server who is licensed in this state and is 10 performing duties under the Alaska Rules of Court; 11 (15) a paralegal in the employ of an attorney or law firm, while 12 performing paralegal services on behalf of an attorney or law firm; and 13 (16) a person who, for hire, or otherwise, conducts genealogical 14 research and does not represent that the person is a private investigator. 15 Sec. 08.85.320. Definitions. In this chapter, 16 (1) "commissioner" means the commissioner of commerce, 17 community, and economic development; 18 (2) "department" means the Department of Commerce, Community, 19 and Economic Development. 20 * Sec. 3. AS 12.62.400 is amended by adding a new paragraph to read: 21 (16) licensure as a private investigator under AS 08.85. 22 * Sec. 4. AS 44.62.330(a) is amended by adding a new paragraph to read: 23 (49) Department of Commerce, Community, and Economic 24 Development concerning the licensing and regulation of private investigators under 25 AS 08.85. 26 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 27 read: 28 TRANSITIONAL PROVISIONS. (a) An individual who, before July 1, 2014, was 29 licensed as a private investigator or private investigator agency by a political subdivision of 30 this state or who, before July 1, 2014, held a current business license from the state for a 31 private investigator business shall be issued a private investigator class A license by the
01 department if the person 02 (1) meets the qualifications of AS 08.85.120, enacted by sec. 2 of this Act; 03 (2) provides evidence satisfactory to the department that the person has 04 performed 1,500 hours or more of private investigation work in the business for which the 05 person holds a license; 06 (3) completes the application process required under AS 08.85.160, enacted 07 by sec. 2 of this Act; and 08 (4) pays the required fees. 09 (b) A person who does not meet the requirements of (a) of this section and, before 10 July 1, 2014, was a private investigator employed by a person who satisfied the requirements 11 of (a) of this section shall be issued a private investigator class B license by the department if 12 the person 13 (1) meets the qualifications of AS 08.85.120, enacted by sec. 2 of this Act; 14 (2) completes the application process required under AS 08.85.160, enacted 15 by sec. 2 of this Act; and 16 (3) pays the required fees. 17 (c) A person licensed under this section shall comply with license renewal 18 requirements under AS 08.85.230, enacted by sec. 2 of this Act. 19 (d) In this section, "department" means the Department of Commerce, Community, 20 and Economic Development. 21 * Sec. 6. This Act takes effect July 1, 2014.