HB 466: "An Act providing for regulation of private investigators and private investigator agencies; and providing for an effective date."
00 HOUSE BILL NO. 466 01 "An Act providing for regulation of private investigators and private investigator 02 agencies; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 08 is amended by adding a new chapter to read: 05 Chapter 85. Private Investigators and 06 Private Investigator Agencies. 07 Article 1. Board of Private Investigators. 08 Sec. 08.85.010. Board established. There is established the Board of Private 09 Investigators. The board consists of five members appointed by the governor as 10 follows: 11 (1) two individuals who are licensed as private investigators or private 12 investigator agencies under this chapter and who have at least five years of experience 13 in this state as a private investigator or private investigator agency; 14 (2) two peace officers; and
01 (3) one public member. 02 Sec. 08.85.020. General duties. In addition to the powers and duties 03 conferred on the board by AS 08.01, the board shall 04 (1) regulate private investigators and private investigator agencies 05 under this chapter; 06 (2) adopt regulations to implement this chapter, including regulations 07 that establish 08 (A) standards of professional conduct or practice for private 09 investigators and private investigator agencies licensed under this chapter; and 10 (B) continuing education requirements that must be met before 11 renewal of a license issued under this chapter. 12 Sec. 08.85.030. Investigation of applicants. (a) When investigating an 13 applicant for licensure under this chapter, the department may require any information 14 and documentation that reasonably relates to the need to determine whether the 15 applicant meets the licensure criteria. During the investigation, the department shall 16 solicit comments about the applicant from the chief law enforcement officer of the 17 municipality in which the applicant's agency or employer is located. The department 18 shall also request the Department of Public Safety to compare the fingerprints 19 submitted with an application to national and state fingerprint records available under 20 AS 12.62. 21 (b) The board may, by regulation, require that fingerprints of licensees be 22 periodically reprocessed to identify criminal convictions subsequent to licensure under 23 this chapter. 24 (c) A summary of the information acquired under this section, to the extent 25 that it is public information, may be forwarded by the department or the board to the 26 applicant's employer. 27 Sec. 08.85.040. Immunity for complainants. An action may not be brought 28 against a person for damages resulting from a complaint filed in good faith with the 29 board or the department about a person licensed under this chapter. 30 Sec. 08.85.050. Fees. Under AS 08.01.065, the department shall establish 31 fees for private investigators and private investigator agencies for the following:
01 (1) filing an examination or licensing application; 02 (2) examination fee; 03 (3) investigation of application; 04 (4) initial license; 05 (5) filing a reexamination application; 06 (6) duplicate license; 07 (7) license certificate; 08 (8) license card; 09 (9) renewal of a license; 10 (10) delinquent renewal of a license; 11 (11) fingerprint investigation; 12 (12) review under AS 08.85.120 or 08.85.130. 13 Sec. 08.85.060. Administrative Procedure Act. Regulations and 14 proceedings under this chapter are governed by AS 44.62 (Administrative Procedure 15 Act). 16 Article 2. Private Investigators. 17 Sec. 08.85.100. License required. (a) Unless exempt from licensure under 18 AS 08.85.900 or operating in the state under the provisions of AS 08.85.120, a person 19 may not perform the functions and duties of a private investigator without a private 20 investigator license issued under this chapter. 21 (b) A person who knowingly violates this section is guilty of a class A 22 misdemeanor. 23 Sec. 08.85.110. License qualifications for private investigators. An 24 applicant must meet the following minimum requirements to obtain a private 25 investigator license: 26 (1) be at least 18 years of age; 27 (2) be a citizen or resident alien of the United States; 28 (3) not have been convicted of a crime in any jurisdiction unless the 29 board determines that the applicant's particular crime does not directly relate to the 30 capacity to perform the duties of a private investigator; 31 (4) be employed by or have an employment offer from a private
01 investigator agency or be licensed as a private investigator agency; 02 (5) submit a set of the applicant's fingerprints; 03 (6) pay the required nonrefundable fee for each application; and 04 (7) submit a fully completed application that includes proper 05 identification on a form prescribed by the department for each private investigator 06 agency that employs or has offered to employ the applicant. 07 Sec. 08.85.120. Out-of-state private investigators operating across state 08 lines. (a) Private investigators whose duties require them to operate across state lines 09 may operate in this state for up to 30 days per year if they are properly registered and 10 certified in another state with training and certification requirements that the board 11 finds are at least as stringent as the requirements of this state. 12 (b) A person may not operate in this state under (a) of this section before 13 receiving the board's written finding that the other state's requirements are at least as 14 stringent as the requirements of this state. 15 (c) Persons operating in this state under (a) of this section may not solicit 16 business in this state or represent themselves as being licensed in this state. 17 Sec. 08.85.130. Licensure by endorsement. Notwithstanding AS 08.85.110, 18 the board may grant a private investigator license to a person from another state that 19 the board determines has selection, training, and other requirements at least as 20 stringent as those required by this chapter, if the person holds a valid license, 21 registration, identification, or similar card issued by the other state, applies on a form 22 prescribed by the department, and pays the appropriate application fee. 23 Sec. 08.85.140. License cards. (a) The board shall issue a license card to 24 each person licensed as a private investigator under this chapter. 25 (b) A license card may not be used as security clearance. 26 (c) A licensed private investigator shall carry the license card when 27 performing the duties of a private investigator and shall exhibit the card on request. 28 Sec. 08.85.150. Transfer of employment prohibited. A licensed private 29 investigator may not begin employment with a private investigator agency that was 30 not named on the licensee's previous application for licensure without applying for and 31 receiving a new private investigator license.
01 Article 3. Private Investigator Agencies. 02 Sec. 08.85.200. License required. (a) Unless exempt from licensure under 03 AS 08.85.900, a person may not operate a private investigator agency without a 04 private investigator agency license issued under this chapter. 05 (b) A person who knowingly violates this section is guilty of a class A 06 misdemeanor. 07 Sec. 08.85.210. License qualifications for private investigator agencies. In 08 order to obtain a license as a private investigator agency, the applicant, or, in the case 09 of a partnership of any kind, each partner, or, in the case of a corporation, the 10 qualifying agent, must 11 (1) meet the minimum requirements to obtain a license as a private 12 investigator; 13 (2) pass an examination determined by the board to measure the 14 person's knowledge and competence in the private investigator agency business; and 15 (3) file with the department a 16 (A) surety bond in the sum of $10,000 conditioned to recover 17 against the principal and its servants, officers, agents, and employees by reason 18 of the agency's wrongful or illegal acts in conducting the business licensed 19 under this chapter; the bond shall be made payable to the state, and a person 20 injured by the principal or its servants, officers, agents, or employees has the 21 right to sue directly on the bond in the person's own name; or 22 (B) certificate of insurance evidencing comprehensive general 23 liability coverage of at least $25,000 for bodily or personal injury and $25,000 24 for property damage. 25 Sec. 08.85.220. License not transferable. An agency license issued under 26 AS 08.85.210 may not be assigned or transferred. 27 Sec. 08.85.230. Limitations on agency license's name. A license to own or 28 operate a private investigator agency may not be issued to an applicant if the name of 29 the agency portrays the agency as a public law enforcement agency or in association 30 with a public law enforcement agency, or includes the word "police." 31 Sec. 08.85.240. License certificate. (a) The board shall issue a license
01 certificate to each licensed private investigator agency. 02 (b) Within 72 hours after receipt of the license certificate, the licensee shall 03 post and display the certificate in a conspicuous place in the principal office of the 04 licensee within the state. 05 (c) A person holding a license certificate may not knowingly post the license 06 certificate upon premises other than those described in the license certificate or 07 materially alter a license certificate. 08 (d) Every advertisement by a licensed private investigator agency that solicits 09 or advertises business must contain the name of the licensee, the address of record, 10 and the license number as that information appears in the records of the board. 11 (e) A licensed private investigator agency shall notify the board within 30 12 days of any change in the licensee's officers or directors or any material change in the 13 information furnished or required to be furnished to the board. 14 Sec. 08.85.250. Required notice of certain occurrences. (a) A private 15 investigator agency shall notify the board within 30 days after the death or termination 16 of employment of any employee who is a licensed private investigator by returning the 17 license to the board with the word "terminated" written across the face of the license, 18 the date of termination, and the signature of the principal of the private investigator 19 agency. 20 (b) A private investigator agency shall notify the board within 72 hours and 21 the chief law enforcement officer of the municipality in which the agency is located 22 immediately upon receipt of information affecting a licensed private investigator's 23 continuing eligibility to hold a license under this chapter. 24 Sec. 08.85.260. Employment of unlicensed investigators prohibited. A 25 private investigator agency may not employ a person to perform the duties of a private 26 investigator unless the employee is licensed under this chapter. 27 Article 4. Prohibited Acts; Disciplinary Actions. 28 Sec. 08.85.800. Display of firearms prohibited while soliciting clients. A 29 licensee, employee or agent of a licensee, or anyone accompanying a licensee, 30 employee, or agent may not display a firearm while soliciting a client. 31 Sec. 08.85.810. Use of certain words prohibited. A person licensed under
01 this chapter may not possess or use any vehicle or equipment displaying the words 02 "police" or "law enforcement officer" or having any sign, shield, marking, accessory, 03 or insignia that indicates that the equipment or vehicle belongs to a public law 04 enforcement agency. 05 Sec. 08.85.820. Grounds for disciplinary action. The following acts by a 06 person licensed under this chapter are prohibited and constitute grounds for 07 disciplinary action under AS 08.01.075: 08 (1) knowingly violating a provision of this chapter or a regulation 09 adopted under this chapter; 10 (2) knowingly making a material misstatement or omission in the 11 application for or renewal of a license, including falsifying requested identification 12 information; 13 (3) carrying a firearm in the performance of private investigator duties 14 without having a valid license or permit to carry the firearm; 15 (4) failing to return immediately upon demand agency identification, 16 badges, or other items issued to the private investigator by an employer; 17 (5) making any statement that would reasonably cause another person 18 to believe that the private investigator is a sworn peace officer; 19 (6) divulging confidential information obtained in the course of any 20 investigation to which the licensee was assigned; 21 (7) acceptance of employment that is adverse to a client or former 22 client and relates to a matter about which a licensee has obtained confidential 23 information by reason of or in the course of the licensee's employment by the client; 24 (8) conviction of a misdemeanor or felony or the commission of any 25 act involving moral turpitude, dishonesty, or corruption, whether the act constitutes a 26 crime or not; if the act constitutes a crime, conviction in a criminal proceeding is not a 27 condition precedent to disciplinary action; upon a conviction, however, the judgment 28 and sentence is conclusive evidence at the ensuing disciplinary hearing of the guilt of 29 the license holder of the crime described in the indictment or information, and of the 30 person's violation of the statute on which it is based; for the purposes of this 31 paragraph, conviction includes all instances in which a plea of guilty or nolo
01 contendere is the basis for the conviction and all proceedings in which the sentence or 02 imposition of the sentence has been deferred or suspended; 03 (9) advertising in a false, fraudulent, or misleading manner; 04 (10) incompetence or negligence that results in injury to a person or 05 that creates an unreasonable risk that a person may be harmed; 06 (11) suspension, revocation, or restriction of the individual's license to 07 practice as a private investigator by competent authority in any state, federal, or 08 foreign jurisdiction; a certified copy of the order, stipulation, or agreement is 09 conclusive evidence of the revocation, suspension, or restriction; 10 (12) failure to cooperate with the board or the department by 11 (A) not furnishing necessary papers or documents requested for 12 purposes of conducting an investigation for disciplinary action, denial, 13 suspension, or revocation of a license under this chapter; 14 (B) not furnishing in writing a full and complete explanation 15 covering the matter contained in a complaint filed with the department or the 16 board; or 17 (C) not responding to a subpoena issued by the board or 18 department, whether or not the recipient of the subpoena is the accused in the 19 proceeding; 20 (13) failure to comply with an order issued by the board or department; 21 (14) aiding or abetting an unlicensed person to practice as a private 22 investigator or private investigator agency if a license is required; 23 (15) misrepresentation or fraud in any aspect of a private investigation 24 or operation of a private investigator agency; 25 (16) failure to adequately supervise employees to the extent that the 26 public health or safety is at risk; 27 (17) interference with an investigation or disciplinary proceeding by 28 wilful misrepresentation of facts before the board or the board's authorized 29 representative, or by the use of threats or harassment against a client or witness to 30 prevent the client or witness from providing evidence in a disciplinary proceeding or 31 another legal action;
01 (18) attempting to assign or transfer a license issued under this chapter; 02 (19) assisting a client to locate, trace, or contact a person when the 03 investigator knows that the client is prohibited by court order from harassing or 04 contacting the person whom the investigator is being asked to locate, trace, or contact; 05 (20) failure to maintain bond or insurance; 06 (21) inability to practice as a private investigator with reasonable skill 07 and safety to the public by reason of a physical or mental condition; 08 (22) failure to have a qualifying principal in place; or 09 (23) being certified as not in substantial compliance with a support 10 order under AS 25.27.244(a). 11 Article 5. General Provisions. 12 Sec. 08.85.900. Exemptions. The licensing requirements of this chapter do 13 not apply to 14 (1) a person who is employed exclusively or regularly by one 15 employer and performs investigations solely in connection with the affairs of that 16 employer, if the employer is not a private investigator agency; 17 (2) an officer or employee of the United States or of this state or a 18 political subdivision thereof, while engaged in the performance of the officer's official 19 duties; 20 (3) a person engaged exclusively in the business of obtaining and 21 furnishing information about the financial rating of persons; 22 (4) an attorney at law, while performing the attorney's duties as an 23 attorney; 24 (5) a licensed collection agency or its employee, while acting within 25 the scope of that person's employment and making an investigation incidental to the 26 business of the agency; 27 (6) insurers, agents, and insurance brokers licensed by the state, while 28 performing duties in connection with insurance transacted by them; 29 (7) a bank subject to the jurisdiction of the Department of Community 30 and Economic Development or the comptroller of currency of the United States, or a 31 savings and loan association subject to the jurisdiction of this state or the Federal
01 Home Loan Bank Board; 02 (8) a licensed insurance adjuster performing the adjuster's duties within 03 the scope of the adjuster's license; 04 (9) a secured creditor engaged in the repossession of the creditor's 05 collateral, or a lessor engaged in the repossession of leased property in which it claims 06 an interest; 07 (10) persons who are forensic scientists, accident reconstructionists, or 08 other persons who perform similar functions and do not hold themselves out to be 09 investigators in any other capacity; or 10 (11) a person solely engaged in the business of securing information 11 about persons or property from public records. 12 Sec. 08.85.910. Regulatory provisions exclusive. (a) The provisions of this 13 chapter relating to the licensing for regulatory purposes of private investigators and 14 private investigator agencies are exclusive. A political subdivision of this state may 15 not enact any laws or rules licensing for regulatory purposes such persons, except as 16 provided in (b) and (c) of this section. 17 (b) This section may not be construed to prevent a political subdivision of this 18 state from levying a business fee, business and occupation tax, or other tax upon 19 private investigator agencies if the fee or tax is levied by the political subdivision on 20 other types of businesses within its boundaries. 21 (c) This section may not be construed to prevent this state or a political 22 subdivision of this state from licensing for regulatory purposes private investigator 23 agencies with respect to activities that are not regulated under this chapter. 24 Sec. 08.85.990. Definitions. In this chapter, 25 (1) "board" means the Board of Private Investigators established under 26 this chapter; 27 (2) "department" means the Department of Community and Economic 28 Development; 29 (3) "forensic scientist" or "accident reconstructionist" means a person 30 engaged exclusively in collecting and analyzing physical evidence and data relating to 31 an accident or other matter and compiling such evidence or data to render an opinion
01 of likely cause, fault, or circumstance of the accident or matter; 02 (4) "principal" of a private investigator agency means the owner or 03 manager appointed by a corporation; 04 (5) "private investigator" means a person who is licensed under this 05 chapter and is employed by a private investigator agency for the purpose of 06 investigation, escort or bodyguard services, or property loss prevention activities; 07 (6) "private investigator agency" means a person or entity licensed 08 under this chapter and engaged in the business of detecting, discovering, or revealing 09 one or more of the following: 10 (A) crime, criminals, or related information; 11 (B) the identity, habits, conduct, business, occupation, honesty, 12 integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, 13 movement, whereabouts, affiliations, associations, transactions, acts, 14 reputation, or character of any person or thing; 15 (C) the location, disposition, or recovery of lost or stolen 16 property; 17 (D) the cause or responsibility for fires, libels, losses, 18 accidents, or damage or injury to persons or to property; 19 (E) evidence to be used before a court, board, officer, or 20 investigative committee; 21 (F) detecting the presence of electronic eavesdropping devices; 22 or 23 (G) the truth or falsity of a statement or representation; 24 (7) "qualifying agent" means an officer or manager of a corporation 25 who meets the requirements set out in this chapter for obtaining a private investigator 26 agency license. 27 * Sec. 2. AS 08.01.010 is amended by adding a new paragraph to read: 28 (37) Board of Private Investigators (AS 08.85). 29 * Sec. 3. AS 08.03.010(c) is amended by adding a new paragraph to read: 30 (22) Board of Private Investigators (AS 08.85.010) -- June 30, 2006. 31 * Sec. 4. AS 44.62.330(a) is amended by adding a new paragraph to read:
01 (60) Board of Private Investigators. 02 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 INITIAL BOARD MEMBERS. Notwithstanding AS 08.85.010, enacted by sec. 1 of 05 this Act, the persons appointed to the Board of Private Investigators to fill the seats designated 06 for private investigators or private investigator agencies licensed in this state are not required 07 to be licensed in this state until July 1, 2003. 08 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 REGULATIONS. The Board of Private Investigators established under this Act and 11 the Department of Community and Economic Development may proceed to adopt regulations 12 to implement this Act. A regulation adopted under the authority of this section takes effect 13 under AS 44.62 (Administrative Procedure Act) but not before the effective date of the law 14 implemented by the regulation. 15 * Sec. 7. Except as provided in sec. 8 of this Act, this Act takes effect immediately under 16 AS 01.10.070(c). 17 * Sec. 8. AS 08.85.100, 08.85.200, and 08.85.260, enacted by sec. 1 of this Act, take effect 18 July 1, 2003.