Legislature(2007 - 2008)HOUSE FINANCE 519
04/23/2007 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB158 | |
| HB45 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 158 | TELECONFERENCED | |
| + | HB 164 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 45 | TELECONFERENCED | |
| += | HB 88 | TELECONFERENCED | |
HOUSE BILL NO. 158
An Act providing for the licensing and regulation of
private investigators and private investigator
agencies; and providing for an effective date.
Vice Chair Stoltze MOVED to ADOPT work draft #25-LS0442\K,
Bullard, 4/4/07, as the version of the bill before the
Committee. There being NO OBJECTION, it was adopted.
1:44:46 PM
TIM MARTINSON, STAFF, REPRESENTATIVE BOB ROSES, explained
that HB 158 would allow for the statewide licensing and
regulation of private investigators and private
investigating agencies. A private investigator is an
individual who:
· Investigates crimes
· Investigates the identify, business, occupation,
character of a person
· Investigates the location of lost or stolen property
· Investigates the cause of fires, losses, accidents,
damages or injury
· Secures evidence for use in Court
Currently, there is no licensing authority for private
investigator agencies in the State of Alaska. Forty-two
states nationally have statewide licensing and regulatory
laws that increase education and training requirements for
private investigators.
Mr. Martinson continued, the bill permits current
investigators, licensed by a subsection of the State, to
become certified if they have been in good standing as a
private investigator or private agency before July 1, 2008.
If passed, the legislation would require continuing
educational requirements for all licensees.
The goal of HB 158 is to protect customers from those
investigators with insufficient credentials by creating a
standard of operating procedures.
1:47:04 PM
Co-Chair Chenault asked:
· The differences between the Class A & Class B
licenses
· The number of private investigators currently
residing in Alaska
· If the bill would prevent licensees from other
states the right to come to Alaska to practice
Mr. Martinson explained the difference between the two
type's licenses:
· Class A - the person would have to be at least 21
years old, passing a written exam, pay the required
fee and provide evidence of education or the
equivalent
· Class B - the applicant would have to be at least 18
years old, passing the written exam, pay the fees,
with a high school diploma or equivalent and
employed by or have an offer of employment from a
private investigating agency
Co-Chair Chenault inquired if there was an accredited
college in the State that teaches investigative work.
1:49:24 PM
TRES LEWIS, PRIVATE INVESTIGATOR, MENDENHALL INVESTIGATIONS,
INC., JUNEAU, advised that paralegal programs in most
colleges teach some skills necessary to be a private
investigator. The occupation requires some book-learning,
but is mostly an apprentice type job. He compared it to
police officer training. There are some private schools
that teach the work; it is generally a one year program.
Co-Chair Chenault asked if the Class B licensure would
always be an apprentice program. Mr. Lewis said yes, but
the person would be conducting legitimate investigations
under supervision.
Co-Chair Chenault asked how many private investigators
currently reside in Alaska and if the bill would enhance
opportunities for other private investigators to come to
Alaska to work. Mr. Lewis thought there were approximately
100 investigators currently residing in the State. The bill
offers specific language limiting the number of days that
person can work in the State. He noted the concern rests
with firms hiring unlicensed investigators, ultimately
offering "wholesale" investigations & substandard work. He
reiterated the need for control.
1:54:36 PM
Representative Gara inquired the number of private versus
the number of investigators employed by the State. Mr.
Lewis replied that of the 100, approximately seventy-five
are self employed and would be exempt.
Representative Gara questioned why a private investigator
would need to have a high school diploma or equivalent. Mr.
Lewis indicated the need to have investigators with high
level writing skills in an industry that is report driven.
Representative Gara advised that he has worked with private
investigators and did not think it was important they have a
high school diploma. He stressed the need for interviewing
skills. Mr. Lewis said that there is always the potential
that someone could fall into any category; however, the bill
attempts to establish occupation standards.
Representative Gara asked if the legislation would regulate
State investigators. Mr. Lewis responded they would not be
held to the legislation's criteria; most State investigators
are apprenticed through the agency they work for.
Representative Gara commented that he did not mind
professional standards for investigators. Most Alaska
private investigators work on their own. In order to work
for someone else, the person would have to have the Class B
license. To get a Class A license, that person would need
to work for three years under supervision, @ 1,500 hours per
year. Mr. Lewis maintained that the three year requirement
is not exceptional. Most states have rules for licensing
and bonding, driven by insurance industry.
Representative Gara could not understand how the legislation
would practically work; he did not believe that there were
enough statewide agencies to find work. Mr. Lewis stated
that most of the seventy-five members are qualified and meet
the requirements and they will offer "training ground" for
the new investigators.
Representative Gara asked if most currently practicing
private investigators had worked three years as an
apprentice. Mr. Lewis replied that most already have their
own agency. Representative Gara worried about that,
commenting that most private investigators did not work for
a private agency before they "hung their shingle". Mr.
Lewis agreed; however, at some point it is essential that
guidelines are established.
2:04:40 PM
Co-Chair Meyer asked about the requirement that an applicant
must have three letters of recommendation from "reputable"
citizens; he asked what reputable meant. Mr. Lewis noted
that language had been written by the legislative drafter.
Representative Hawker referenced the fundamental
qualifications, passing a written examination offered by the
Department. Mr. Martinson advised that could be created by
the Division of Occupational Licensing. Representative
Hawker questioned what the State knows about the licensing
of private investigators. Mr. Martinson expected that there
would be standards followed & the Division could establish
the standard. Representative Hawker pointed out that the
legislation does not establish any guidelines to determine
the standard.
2:07:03 PM
Representative Hawker inquired if he could qualify to be a
private detective given his credentials. Mr. Martinson
thought he could.
Representative Nelson referenced discussion that occurred in
the House Judiciary Committee regarding past felonies and
one's ability to be "grandfathered" as a private
investigator. She worried about language on Page 14, Lines
11-14\K version. Mr. Lewis explained that language provided
a transitional provision. Representative Nelson inquired if
the person could obtain a Class B licensure. Mr. Lewis
stated there are general requirements that extend over both
Class A & B licenses. Under the general requirements, if
convicted of a felony, the person cannot have a past
conviction of a crime of "dishonesty" during the 20-years
preceding their license application.
2:11:21 PM
Representative Gara recommended that a reasonable code of
ethics test should be present. Mr. Lewis stated there is no
code of ethics in the bill.
Representative Hawker referenced the general framework of
the legislation, noting that Alaska is only one of eight
remaining states that does not have legislation in place to
address private investigator licensing. He agreed that the
State should conform to the uniform regulations of the
industry. Mr. Lewis noted that the original language was
written over six years and based upon other state statutes,
and that HB 158 is on par with legislation from those
states.
Representative Hawker requested "assurance" of that. Mr.
Martinson offered to provide a copy of the licensing
language from the State of Oregon. Representative Hawker
asked if Oregon was typical. Mr. Martinson said all states
are similar, with California being the most "unique" & most
complex.
Representative Hawker asked why the decision was made to
place the oversight authority directly in the Department
rather than through a regulatory board. Mr. Lewis explained
that creating a board would increase costs. He added that
many problems with investigators usually stem from
violations of the law and that the annual education would
provide the opportunity to learn the rules.
2:19:44 PM
RICK URION, DIRECTOR, DIVISION OF OCCUPATIONAL LICENSING,
DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT, stated that
the State does not believe that the licensing of private
investigators rises to the level of public protection. If
the Legislature determines that they should be licensed, the
Division is prepared to do so.
Representative Gara pointed out that there was no language
in the bill indicating that if the private investigator did
something "terrible", they would loose their license.
Representative Hawker noted that there are forty-two other
jurisdictions implementing the legislation and asked if that
carried influence. Mr. Urion did not know what was required
in other states. As it is today, the City of Anchorage and
Fairbanks authorize private investigators.
Representative Hawker inquired what would happen if the duty
was imposed upon the Department to determine the standards.
Mr. Urion responded that Alaska would pattern off of what is
done in other states.
2:23:33 PM
Vice Chair Stoltze noted concern that there are no public
safety or professional standard issues covered by the
legislation. Mr. Urion stated that everything that is
needed is already grandfathered into the business.
Representative Thomas questioned if there were concerns
outside of convicted felons practicing. Mr. Urion
emphasized that any investigator for the State of Alaska,
must have a zero tolerance felony record.
Representative Kelly asked how many other states have a
private investigator regulatory board. Mr. Urion did not
know.
Representative Kelly inquired if the 14-day requirement was
normal. Mr. Urion did not know the standard.
2:29:04 PM
Representative Hawker pointed out the exemption section of
the bill and asked if there could be requirements for dual
licenses. Mr. Urion anticipated that could be fixed.
2:30:43 PM
DENISE PETTY, (TESTIFIED VIA TELECONFERENCE), PRESIDENT,
ALASKA INVESTIGATION ASSOCIATION, FAIRBANKS, noted that
Alaska has no regulatory authority over private
investigators. She voiced concerns that the legislation was
viewed as excluding the public's ability to protect itself
when needing investigating services. She noted that
supporting the legislation, the Committee can help the
industry remain responsible and productive. HB 158 provides
accountability.
Representative Gara asked if Ms. Petty initially started on
her own or worked for an agency. Ms. Petty advised that she
has a paralegal degree and worked in an office until she
opened her own office after she had worked under a
supervisor, conducting private investigations. She added
that she now meets municipal requirements and does not work
under a private investigator. Representative Gara
reiterated concerns with the requirement in the legislation
to work for three years with a private investigating agency.
Ms. Petty believed that the bill could place those coming
into the profession at a disadvantage; it is difficult for
another investigator to bring someone in as an apprentice
with no incentive to do so.
2:36:22 PM
JOSEPH AUSTIN, (TESTIFIED VIA TELECONFERENCE), AUSTIN &
ASSOCIATES, PRIVATE INVESTIGATOR, ANCHORAGE, cited examples
of the need to protect the public. He commented on the
number of licenses currently held in the State of Alaska,
some of which had criminal backgrounds. He offered to
answer questions of the Committee.
Representative Gara reiterated concern with the provisions
of the bill and asked if Mr. Austin would support the
legislation if it made it illegal for someone with a felony
record to hold a private investigator license. Mr. Austin
responded that was one part of the concern and that the
profession requires continued training and education. He
thought that should be required.
PUBLIC TESTIMONY CLOSED
2:40:51 PM
Co-Chair Meyer recommended that the bill be held in
Committee in order to consider the concerns voiced by
Committee members. Representative Hawker suggested a
significant rewriting of the bill.
Vice Chair Stoltze pointed out a memo from the California
Association requirements for the private investigating
industry. (Copy on File). Mr. Martinson noted that in
order to obtain insurance, the person must be licensed by
the State. Vice Chair Stoltze wanted to see that profession
function "professionally". Mr. Martinson commented that the
original language of the bill provided for a regulatory
board; the language was removed.
Representative Gara hoped to see a proposal that includes
qualification and ethical guidelines to help protect the
public. He suggested that the language of the bill should
not discourage people from outside Alaska to practice in the
State. Mr. Martinson pointed out that there are temporary
licensing provisions included in the bill. They can qualify
for a temporary license.
HB 158 was HELD in Committee for further consideration.
2:48:40 PM
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