BILL NUMBER: AB 921	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 14, 2015
	AMENDED IN SENATE  JUNE 24, 2015
	AMENDED IN ASSEMBLY  APRIL 27, 2015
	AMENDED IN ASSEMBLY  APRIL 20, 2015

INTRODUCED BY   Assembly Member Jones

                        FEBRUARY 26, 2015

   An act to amend Section 7525.1 of, and to add Sections 7519.1,
7519.2, 7519.3, and 7519.4 to, the Business and Professions Code,
relating to private investigators.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 921, as amended, Jones. Private investigators: Disciplinary
Review Committee.
   The Private Investigator Act provides for the licensure and
regulation of private investigators by the Bureau of Security and
Investigative Services within the Department of Consumer Affairs and
requires the Director of Consumer Affairs to administer and enforce
the act. The act authorizes the director to deny, suspend, or revoke
a license if the director determines, among other things, that any
provision of the act was violated by the licensee. The act also
authorizes the director to impose a civil penalty of no greater than
$500 instead of suspending or revoking a license issued under the act
for the violation of specified provisions if the director determines
that the imposition of the civil penalty better serves the purposes
of the act. The act requires an application for a license to be
verified and include certain information, including, but not limited
to, the full name and business address of the applicant.
   This bill would require the Governor to appoint a Private
Investigator Disciplinary Review Committee, and would authorize the
Governor to remove any member of the committee for misconduct,
incompetency, or neglect of duty. The bill would require the
committee to consist of 3 members actively engaged in the business of
a licensed private investigator and 2 public members, as specified,
and would require members to be appointed for a term of 4 years. The
bill would require the committee to meet every 60 days or more or
less frequently as may be required, and would require that the
members be paid per diem, as specified, and be reimbursed for actual
travel expenses. The bill would require the committee to perform
certain functions, including affirming, rescinding, or modifying all
appealed decisions concerning administrative fines, or denial,
suspension, or revocation of licenses, as specified. The bill would
authorize the committee to grant a probationary license, certificate,
registration, or permit with respect to appealed decisions, as
specified. The bill would authorize a person licensed under the act
to appeal the assessment of an administrative fine to the committee,
and would authorize a person denied, suspended of, or revoked of a
license under the act to appeal to the committee, except as
specified, if the appeal is in writing and made within 30 days of the
assessment of the fine or denial, suspension, or revocation of the
license. The bill would require the committee to notify the appellant
in writing, by regular mail, of the committee's decision within 30
days of that decision. The bill would also authorize the appellant to
request a hearing, as specified, if, among other things, the
appellant disagrees with the committee's decision regarding the
appeal.  The bill would make the above provisions operative o
 n   July 1, 2017.  The bill would require
that all evidence used by the bureau be provided to the committee
prior to hearing an appeal. The bill would also authorize an
applicant to, at his or her discretion, include a valid email address
on the application.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 7519.1 is added to the Business and Professions
Code, immediately following Section 7519, to read:
   7519.1.  (a) The Governor shall appoint a Private Investigator
Disciplinary Review Committee, and may remove any member of the
committee for misconduct, incompetency, or neglect of duty.
   (b) The committee shall consist of three members actively engaged
in the business of a licensed private investigator and two public
members. The public members shall not be licensees or registrants, or
engage in any business or profession in which any part of the fees,
compensation, or revenue thereof, is derived from any licensee.
   (c) The committee shall meet every 60 days or more or less
frequently as may be required. The members shall be paid per diem
pursuant to Section 103 and shall be reimbursed for actual travel
expenses. The members shall be appointed for a term of four years.

   (d) This section shall become operative on July 1, 2017. 
  SEC. 2.  Section 7519.2 is added to the Business and Professions
Code, to read:
   7519.2.  (a) The Private Investigator Disciplinary Review
Committee shall perform the following functions:
   (1) Affirm, rescind, or modify all appealed decisions concerning
administrative fines assessed by the bureau against private
investigators.
   (2) Affirm, rescind, or modify all appealed decisions concerning
denial, suspension, or revocation of licenses, and certificates,
registrations, or permits issued by the bureau, except denials
suspensions, or revocations ordered by the director in accordance
with Chapter 5 (commencing with Section 11500) of Division 3 of Title
2 of the Government Code.
   (b) The committee may grant a probationary license, certificate,
registration, or permit with respect to the appealed decisions
described in subdivision (a). 
   (c) This section shall become operative on July 1, 2017. 
  SEC. 3.  Section 7519.3 is added to the Business and Professions
Code, to read:
   7519.3.  (a) (1) A person licensed with the department under this
chapter may appeal the assessment of an administrative fine to the
Private Investigator Disciplinary Review Committee. A person denied,
suspended of, or revoked of a license under this chapter may appeal
to the committee, unless the denial, suspension, or revocation of the
license is ordered by the director in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code.
   (2) A request for an appeal to the committee shall be made in a
written notice to the department within 30 days of the assessment of
an administrative fine or denial, suspension, or revocation of a
license.
   (3) Following review by the committee of the appeal, the appellant
shall be notified in writing, by regular mail, within 30 days of the
committee's decision on the appeal.
   (4) If the appellant disagrees with the decision made by the
committee, the appellant may request a hearing as described in
subdivision (b). A request for a hearing following a decision by the
committee shall be made by written notice to the department within 30
days following notice of the committee's decision.
   (5) If the appellant does not request a hearing within those 30
days, the committee's decision shall become final.
   (b) (1) A person licensed with the department under this chapter
may request a hearing in accordance with Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code if he or she contests an assessment of an administrative fine,
or to appeal a denial, suspension, or revocation of a license. A
hearing may also be requested, if the appellant disagrees with the
decision made by the committee.
   (2) A request for a hearing shall be made by written notice to the
department within 30 days following the issuance of the decision by
the committee. A hearing pursuant to this subdivision shall be
available only after a review by the committee. 
   (c) This section shall become operative on July 1, 2017. 
  SEC. 4.  Section 7519.4 is added to the Business and Professions
Code, to read:
   7519.4.   (a)    The Private Investigator
Disciplinary Review Committee shall be provided all evidence used by
the bureau in reaching its decision prior to hearing an appeal. 
   (b) This section shall become operative on July 1, 2017. 
  SEC. 5.  Section 7525.1 of the Business and Professions Code, as
amended by Section 4 of Chapter 669 of the Statutes of 2014, is
amended to read:
   7525.1.  An application shall be verified and shall include:
   (a) The full name and business address of the applicant.
   (b) The name under which the applicant intends to do business.
   (c) A statement as to the general nature of the business in which
the applicant intends to engage.
   (d) A verified statement of his or her experience qualifications.
   (e) (1) If the applicant is an individual, a qualified manager, a
partner of a partnership, an officer of a corporation designated in
subdivision (h), or a managing member of a limited liability company
designated in subdivision (i), one personal identification form
provided by the bureau upon which shall appear a photograph taken
within one year immediately preceding the date of the filing of the
application together with two legible sets of fingerprints, one set
of which shall be forwarded to the Federal Bureau of Investigation
for purposes of a background check, on a form approved by the
Department of Justice, and a personal description of each person,
respectively. The identification form shall include residence
addresses and employment history for the previous five years and be
signed under penalty of perjury.
   (2) The bureau may impose a fee not to exceed three dollars ($3)
for processing classifiable fingerprint cards submitted by
applicants, excluding those submitted into an electronic fingerprint
system using electronic fingerprint technology.
   (f) In addition, if the applicant for a license is an individual,
the application shall list all other names known as or used during
the past 10 years and shall state that the applicant is to be
personally and actively in charge of the business for which the
license is sought. If any other qualified manager is to be actively
in charge of the business, the application shall be subscribed,
verified, and signed by the applicant, under penalty of perjury. If
any other person is to be actively in charge of the business, the
application shall also be subscribed, verified, and signed by that
person under penalty of perjury.
   (g) If the applicants for a license are copartners, the
application shall state the true names and addresses of all partners
and the name of the partner to be actively in charge of the business
for which the license is sought and list all other names known as or
used during the past 10 years. If a qualified manager other than a
partner is to be actively in charge of the business, then the
application shall be subscribed, verified, and signed by all of the
partners under penalty of perjury. If any other person is to be
actively in charge of the business, the application shall also be
subscribed, verified, and signed by that person, under penalty of
perjury, under penalty of perjury by all of the partners and the
qualified manager, or by all of the partners or the qualified
manager.
   (h) If the applicant for a license is a corporation, the
application shall state the true names and complete residence
addresses of the chief executive officer, secretary, chief financial
officer, and any other corporate officer who will be active in the
business to be licensed. The application shall also state the name
and address of the designated person to be actively in charge of the
business for which the license is sought. The application shall be
subscribed, verified, and signed by a duly authorized officer of the
applicant and by the qualified manager thereof, under penalty of
perjury.
   (i) If the applicant for a license is a limited liability company,
the application shall state the true name and complete residence
address of each managing member and any other officer or member who
will be active in the business to be licensed. A copy of the most
recent articles of organization, as filed by the Secretary of State,
shall be supplied to the bureau upon request. The application shall
also state the name and residence address of the designated person to
be actively in charge of the business for which the license is
sought. The application shall be subscribed, verified, and signed by
a duly authorized member of the applicant under penalty of perjury.
   (j) Any other information, evidence, statements, or documents as
may be required by the director.
   (k) At the discretion of the applicant, a valid email address.
   (l) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
  SEC. 6.  Section 7525.1 of the Business and Professions Code, as
added by Section 5 of Chapter 669 of the Statutes of 2014, is amended
to read:
   7525.1.  An application shall be verified and shall include:
   (a) The full name and business address of the applicant.
   (b) The name under which the applicant intends to do business.
   (c) A statement as to the general nature of the business in which
the applicant intends to engage.
   (d) A verified statement of his or her experience qualifications.
   (e) (1) If the applicant is an individual, a qualified manager, a
partner of a partnership, or an officer of a corporation designated
in subdivision (h), one personal identification form provided by the
bureau upon which shall appear a photograph taken within one year
immediately preceding the date of the filing of the application
together with two legible sets of fingerprints, one set of which
shall be forwarded to the Federal Bureau of Investigation for
purposes of a background check, on a form approved by the Department
of Justice, and a personal description of each person, respectively.
The identification form shall include residence addresses and
employment history for the previous five years and be signed under
penalty of perjury.
   (2) The bureau may impose a fee not to exceed three dollars ($3)
for processing classifiable fingerprint cards submitted by
applicants, excluding those submitted into an electronic fingerprint
system using electronic fingerprint technology.
   (f) In addition, if the applicant for a license is an individual,
the application shall list all other names known as or used during
the past 10 years and shall state that the applicant is to be
personally and actively in charge of the business for which the
license is sought. If any other qualified manager is to be actively
in charge of the business, the application shall be subscribed,
verified, and signed by the applicant, under penalty of perjury. If
any other person is to be actively in charge of the business, the
application shall also be subscribed, verified, and signed by that
person under penalty of perjury.
   (g) If the applicants for a license are copartners, the
application shall state the true names and addresses of all partners
and the name of the partner to be actively in charge of the business
for which the license is sought and list all other names known as or
used during the past 10 years. If a qualified manager other than a
partner is to be actively in charge of the business, then the
application shall be subscribed, verified, and signed by all of the
partners under penalty of perjury. If any other person is to be
actively in charge of the business, the application shall also be
subscribed, verified, and signed under penalty of perjury by that
person, by all of the partners and the qualified manager, or by all
of the partners or the qualified manager.
   (h) If the applicant for a license is a corporation, the
application shall state the true names and complete residence
addresses of the chief executive officer, secretary, chief financial
officer, and any other corporate officer who will be active in the
business to be licensed. The application shall also state the name
and address of the designated person to be actively in charge of the
business for which the license is sought. The application shall be
subscribed, verified, and signed by a duly authorized officer of the
applicant and by the qualified manager thereof, under penalty of
perjury.
   (i) Any other information, evidence, statements, or documents as
may be required by the director.
   (j) At the discretion of the applicant, a valid email address.
   (k) This section shall become operative on January 1, 2018.