HB420 By Representatives Mooney and Treadaway RFD Boards, Agencies and Commissions Rd 1 10-MAR-20

SYNOPSIS: Under existing law, the Alabama Private Investigation Board licenses private investigators.

This bill would provide further for the qualifications for licensure as a private investigator.

This bill would clarify those fees collected by the board that must be deposited into the Board of Private Investigation Fund.

This bill would authorize the board to grant inactive status to licensees and to provide, by rule, for a procedure and fee to reinstate an inactive license.

This bill would provide for administrative penalties against any person practicing without a license.

This bill would clarify that the number of hours of continuing education required to maintain licensure is 16 hours during the two-year license period.

This bill would create a private investigator apprentice license that would allow apprentices to gain work experience through an internship.

This bill would authorize the board to issue a private investigator license to a licensed private investigator apprentice who successfully completes an internship in a specified time and passes an examination.

This bill would require private investigation agencies that do business within the state to be licensed by the board and meet certain requirements.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

A BILL TO BE ENTITLED AN ACT

Relating to private investigation licensure; to designate as Article 1, Sections 34-25B-1 to 34-25B-29, inclusive, Code of Alabama 1975; to amend Sections 34-25B-2, 34-25B-3, 34-25B-4, 34-25B-7, 34-25B-8, 34-25B-10, 34-25B-11, 34-25B-12, 34-25B-13, 34-25B-14, 34-25B-17, 34-25B-18, 34-25B-21, 34-25B-22, and 34-25B-26, Code of Alabama 1975; to add Section 34-25B-12.1 and add a new Article 2, commencing with Section 34-25B-40 to Title 34, Chapter 25B of the Code of Alabama 1975; to clarify those fees collected by the board that must be deposited into the Board of Private Investigation Fund; to provide further for the qualifications for licensure as a private investigator; to provide further for criminal history background checks for applicants for licensure; to authorize the board to grant inactive status to licensees and to provide, by rule, for a procedure and fee to reinstate an inactive license; to provide for administrative penalties against any person practicing without a license; to require licensees to report arrests to the board within 72 hours; to clarify that the number of hours of continuing education required to maintain licensure is 16 hours during the two-year license period; to license private investigator apprentices and allow apprentices to gain work experience through an internship; to provide for licensure of apprentices as private investigators after completing certain requirements; to provide for licensure of private investigation agencies that do business in the state; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. An article heading is added before Section 34-25B-1 of the Code of Alabama 1975, to read as follows:

ARTICLE 1. Private Investigator Licenses and Private Investigation Board.Section 2. Sections 34-25B-2, 34-25B-3, 34-25B-4, 34-25B-7, 34-25B-8, 34-25B-10, 34-25B-11, and 34-25B-12 of the Code of Alabama 1975, are amended to read as follows:

§34-25B-2.

"As used in this chapter, the following terms shall have the following meanings:

"(1) BOARD. The Alabama Private Investigation Board.

"(1)(2) FELONY. A criminal offense that is defined and punishable under the laws of this state, or an offense committed outside the State of Alabama, which if committed in this state, would constitute a felony under Alabama law; a crime in any other state or a crime against the United States which is designated as a felony; or an offense in any other state, territory, or country punishable by imprisonment for a term exceeding one year.

"(2)(3) PRIVATE INVESTIGATION. The compensated act of any individual or company engaging in the business of obtaining or furnishing information with reference to any of the following:

"a. A crime committed or threatened against the United States or any state or territory of the United States.

"b. The identity, habits, conduct, business, occupation, honesty, integrity, credibility, including, but not limited to, the credibility of a person an individual giving testimony in a criminal or civil proceeding, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputations, or character of any person.

"c. The location, disposition, or recovery of lost or stolen property.

"d. The cause or responsibility for fires, losses, accidents, damages, or injuries to persons or to property.

"(4) PRIVATE INVESTIGATION AGENCY. A corporation, firm, partnership, or other business entity that, for compensation, practices private investigation in this state and that employs licensed private investigators.

"(3)(5) PRIVATE INVESTIGATOR. a. A person An individual who, for compensation, performs one or more of the private investigation services defined and regulated by this chapter.

"b. A person An individual who, for consideration, advertises as providing or performing private investigation. The term does not include an informant who, on a one time or limited basis, as a result of a unique expertise, ability, or vocation, and who provides information or services while under the direction and control of a licensee of the board, that would otherwise be included in the definition of private investigation.

"c. A person An individual who is engaged in private investigation as defined herein and who is licensed in accordance with this chapter article.

"(6) PRIVATE INVESTIGATOR APPRENTICE. An individual who is engaged in private investigation under the supervision of a licensed private investigator and who is licensed in accordance with this article.

§34-25B-3.

"An individual may not No person shall practice private investigation or hold himself or herself out to the public as a private investigator or private investigator apprentice or use any term, title, or abbreviation that expresses, infers, or implies that the person individual is licensed as a private investigator or private investigator apprentice unless the person individual at the time holds a valid license to practice private investigation as provided in this chapter article. All applicants shall pass a criminal background check based on criteria established pursuant to Section 34-25B-4.

§34-25B-4.

"(a) There is created the Alabama Private Investigation Board. The appointing authorities shall coordinate their appointments to assure the membership of the board shall reflect is inclusive and reflects the racial, gender, geographic, urban and rural, and economic diversity of the state.

"(b) Private investigator members provided for herein shall have had five years of experience as an investigator prior to his or her appointment. Beginning on August 1, 2018, private investigator members who are appointed to the board shall have been licensed pursuant to this chapter as a private investigator for a period of at least five years prior to his or her appointment.

"(c) The following members shall be appointed to the board:

"(1) Three persons individuals appointed by the Governor, two of whom shall be private investigators in this state and one of whom shall be a consumer who will represent the public at large. The Governor shall appoint the three members to initial terms of three years. Thereafter, successor members shall be appointed for terms of four years each.

"(2) One person individual appointed by the Lieutenant Governor, who must be a private investigator. The Lieutenant Governor shall appoint the member for an initial term of two years. Thereafter, successor members shall be appointed for terms of four years.

"(3) One person individual appointed by the Speaker of the House of Representatives who must be a private investigator. The Speaker of the House of Representatives shall appoint the member for an initial term of two years. Thereafter, successor members shall be appointed for terms of four years.

"(4) One person individual appointed by the Attorney General who must be a private investigator. The Attorney General shall appoint the member for an initial term of two years. Thereafter, successor members shall be appointed for terms of four years.

"(5) One person individual appointed by the Alabama State Bar Association who must be a member in good standing for an initial term of four years. Thereafter, successor members shall be appointed for terms of four years.

"(6) One person individual appointed by the Alabama Private Investigators Association who must be a private investigator. The association shall appoint the member for an initial term of four years. Thereafter, successor members shall be appointed for terms of four years.

"(d) Following the initial appointments, all successor members of the board shall be appointed for a term of four years and shall serve until their successors are appointed and qualified by subscribing to the constitutional oath of office, which shall be filed with the Secretary of State.

"(e) Any vacancy occurring on the board shall be filled by the appointing authority of the vacating member for the unexpired term.

"(f) No member may be appointed to succeed himself or herself for more than one full term two consecutive full terms.

"(g) The appointing authority may remove a member of the board for misconduct, incompetency, or willful neglect of duty. The board may recommend to the appointing authority suggested administrative actions that may be taken against a board member for missing an excessive amount of meetings.

"(h) Each member of the board shall receive a certificate of appointment from the Governor before entering upon the discharge of the duties of office.

§34-25B-7.

"(a) There is hereby created in the State Treasury for the use of the Alabama Private Investigation Board a fund to be known as the Alabama Private Investigation Board Fund. All application and license fees, penalties, fines, and any other funds collected by the board under the provisions of this chapter are to be deposited in this fund and used only to carry out the operations of the board. Fees that the board may charge, collect, and deposit into the fund shall include, but not be limited to, all of the following:

"(1) An application fee for an original license and an inactive status certificate.

"(2) A renewal fee for a license and an inactive status certificate.

"(3) A reinstatement application fee.

"(4) A late renewal fee.

"(5) A change of information fee.

"(6) A replacement license fee.

"(7) An inactive license fee.

"(8) Reasonable and necessary administrative fees that reflect the actual costs of services provided.

"(b) No monies shall be withdrawn or expended from the fund for any purpose unless the monies have been appropriated by the Legislature and allocated pursuant to this chapter. Any monies appropriated shall be budgeted and allotted pursuant to the Budget Management Act in accordance with Article 4 (commencing with Section 41-4-80) of Chapter 4 of Title 41, and only in the amounts provided by the Legislature in the general appropriations act or other appropriations act. There is hereby appropriated to the Alabama Private Investigation Board the sum of all monies collected and deposited into the Alabama Private Investigation Board Fund for each of the fiscal years ending September 30, 2013, and September 30, 2014, to be used for the operations of the board. All expenses incurred by the board in implementing and administering this chapter shall be paid out of the fund, provided that the expenses of the board shall not exceed the amount of monies in the fund.

§34-25B-8.

"(a) The board may promulgate adopt rules necessary to implement this chapter and accomplish its objectives subject to the Alabama Administrative Procedure Act.

"(b) The board may promulgate adopt and establish canons of ethics and minimum acceptable professional standards of practice for licensees within any rules that it adopts.

"(c) The board may hire personnel necessary or as advisable to carry out the purposes and provisions of this chapter. With the exception of the Executive Director, all personnel shall be subject to the provisions of the state Merit System Act.

"(d) The Attorney General shall provide legal services to the board and board employees in connection with official duties and actions of the board or the board may employ outside legal counsel when deemed necessary by the board, whose compensation shall be at the same rate as the rate charged by the Office of the Attorney General.

§34-25B-10.

"(a) Except as otherwise provided in this chapter, it It shall be unlawful for any person individual to act as a private investigator or private investigator apprentice without first obtaining a license from the board. For prosecution purposes, a violation of this chapter is classified as section is a Class A misdemeanor, punishable by fines of up to six thousand dollars ($6,000) and a jail sentence of up to one year.

"(b) Each person individual licensed in accordance with this chapter article shall designate to the board a physical address where his or her records are to be kept.

§34-25B-11.

"An application and all information on an application for licensure as a private investigator shall be treated as confidential and shall be filed with the board on forms prescribed by the board. The application shall include all of the following information of the applicant:

"(1) His or her full name.

"(2) His or her date and place of birth.

"(3) All residences during the immediate past five years.

"(4) All employment or occupations engaged in during the immediate past five years.

"(5) Three sets of classifiable fingerprints or criminal history background information, or both, as approved by the board for initial licensure.

"(6) A list of convictions and pending charges involving a felony or misdemeanor in any jurisdiction.

§34-25B-12.

"(a) Each individual applicant for a private investigator license shall meet all of the following criteria that he or she in order to obtain a license:

"(1) Is at least 21 years of age.

"(2) Has passed a criminal background check based on criteria established by the board.

"(2)(3) Has not been declared by any court of competent jurisdiction incompetent by reason of mental defect or disease unless a court of competent jurisdiction has subsequently declared the applicant competent.

"(3)(4) Has not been convicted of a crime of moral turpitude, with the board having the final determination on the interpretation of moral turpitude.

"(4)(5) Has not been convicted of a felony crime.

"(5)(6) Has passed an examination to be administered twice annually by the board designed to measure knowledge and competence in the investigation field and in state civil and criminal privacy laws.

"(7) Has a minimum of two years' experience, education, or training, or a combination thereof, directly related to the field of private investigation in any of the following areas, calculated in one-year increments:

"a. Special Investigations. Investigative experience at the special investigation unit (SIU) level in insurance, fire investigation, banking, a law firm, or a similar setting, or other experience determined by the board as suitable experience relating to private investigation.

"b. Law Enforcement. Experience as a sworn law enforcement officer, or investigative experience as a detective or investigator at the federal, state, or local level.

"c. Education. A minimum of a two-year degree in a field of study directly related to private investigation, including, but not limited to, criminal justice, political science, criminology, or law enforcement; provided, however, the education component may only count for a maximum of one year of credit toward the two-year requirement of this subdivision.

"d. Internship. Successfully completed an internship as a private investigator apprentice as provided in Section 34-25B-12.1.

"(b) A study guide shall be provided to any applicant seeking to obtain an initial or renewal license under this chapter.

"(c) Any investigator currently holding a business license in the State of Alabama shall not have to meet the initial application requirements of this chapter, but shall be issued a license pursuant to this chapter upon application."

Section 3. Section 34-25B-12.1 is added to the Code of Alabama 1975, to read as follows:

§34-25B-12.1.

(a) An individual may obtain a license as a private investigator apprentice and work under the supervision of a licensed private investigator as provided in this section.

(b) An applicant for a private investigator apprentice license shall meet all of the following criteria in order to obtain a license:

(1) Be at least 18 years of age.

(2) Graduated from high school or earned a GED certification or suitable equivalent as determined by the board.

(3) Meet the requirements of subdivisions (2) through (5) of Section 34-25B-12.

(c) An individual issued a private investigator apprentice license shall successfully pass the examination required by the board, which must be taken within one year of license issuance. Before taking the exam, an apprentice licensee may begin working as an intern. If a licensee does not successfully pass the examination by the one-year deadline, the board shall suspend the license until a passing grade has been achieved.

(d) An apprentice licensee shall be trained under the supervision of a sponsor private investigator who has at least two years' experience as a licensed private investigator in this state. Supervision may be in person or by telephone or by other form of electronic communication and oversight. The sponsoring private investigator trainer or private investigation agency shall maintain records of training activities as required by the board, by rule, and shall make these records available to the board upon request. Failure by a sponsoring private investigator to maintain records may result in disqualification as a sponsor.

(e) An apprentice licensee shall do all of the following within a three-year period to successfully complete an internship:

(1) Complete a minimum of 1,500 hours of training which shall include training in the field and in the classroom, and shall cover administrative functions including report writing and research.

(2) Complete a minimum of 24 hours of continuing education credit administered by the Alabama Private Investigators Association or other certified provider of continuing education approved by the board. The coursework must cover investigations, three hours of business operations, and a minimum of three hours of ethics training.

(f) An apprentice licensee shall submit proof of successfully completing an internship under this section to qualify for licensure as a private investigator. An apprentice licensee who successfully completes an internship, upon payment of the license fee and satisfactory proof, as required by the board, by rule, of successful completion of an internship pursuant to this section, shall be granted a license as a private investigator without having to fulfill the examination requirements.

(g) An apprentice licensee who fails to successfully complete an internship within three years of being issued an apprentice license shall be required to reapply for a new apprentice license. Any education and training experience completed during the previous internship shall be credited toward completing a new internship. The board, by rule, shall establish documentation requirements of the previous internship training records. The sponsoring private investigator trainer or private investigation agency shall maintain training records and make the records available for inspection by the board upon request. An apprentice licensee shall be permitted to obtain a copy of his or her training records from the sponsoring private investigator trainer or private investigation agency.Section 4. Sections 34-25B-13, 34-25B-14, 34-25B-17, 34-25B-18, 34-25B-21, 34-25B-22, and 34-25B-26 of the Code of Alabama 1975, are amended to read as follows:

§34-25B-13.

"(a) Upon receipt of an application for a license pursuant to this chapter article, nonrefundable, nonprorateable application fees shall be submitted to the board by the applicant for the following services:

"(1) A request that the Alabama Bureau of Investigation compare the fingerprints submitted with the application to fingerprints filed with the Alabama Bureau of Investigation a criminal background check be obtained as approved by the board. On subsequent applications, the Alabama Bureau of Investigation State Law Enforcement Agency, successor organization, or other criminal history background provider approved by the board, at the request of the board, shall review its criminal history files based upon the name, date of birth, sex, race, and Social Security number of an applicant whose fingerprints have criminal history information has previously been submitted to the bureau for any new information since the date of the original fingerprint or criminal history background check comparison, and shall furnish any information thereby derived to the board.

"(2) A request to submit the fingerprints to the Federal Bureau of Investigation Alabama State Law Enforcement Agency, successor organization, or other approved provider of criminal history background information for a search of its files to determine whether an individual fingerprinted has any recorded convictions.

"(b) After the approval of the application by the board, the board shall issue a license in a form prescribed by the board to each qualified applicant upon its receipt of a nonrefundable, nonprorateable private investigator license fee as set by the board.

"(c)(1) If an application for a license is denied, the board shall notify the applicant in writing and specify the grounds for denial. If the grounds are subject to correction by the applicant, the notice shall so state and specify a reasonable period of time within which the applicant shall make the required correction.

"(2) The applicant may submit an application for reconsideration to the board within 30 days from the date of receipt of denial.

"(d) The board shall issue a license to all private investigator licensees and private investigator apprentice licensees that shall be at least 8" x 10" in size and shall be displayed on a wall of the workplace of the licensee. This license All licenses and identification cards issued by the board shall be deemed property of the State of Alabama and subject to forfeiture to the state upon revocation.

§34-25B-14.

"(a) The board shall issue to every private investigator licensee and private investigator apprentice licensee an identification card, which shall be issued in credit card size, be permanently laminated, and contain the following information of the licensee:

"(1) Name.

"(2) Photograph.

"(3) Physical characteristics.

"(4) Private investigator's license number.

"(5) Expiration date of license.

"(b) The identification card shall be carried on the person of the licensee when engaged in the activities of the licensee.

§34-25B-17.

"(a) All private investigator licenses and private investigation agency licenses issued or renewed under this chapter shall be valid for a period of two years from the date month of issuance. The board shall provide each licensee with mail to each licensee, at his or her address of record, a renewal application notification at least 60 days prior to the expiration of the license. The renewal application shall be available for download on the board website. A licensee shall report any changes of address to the board.

"(b) Each application for renewal shall be reviewed for criminal convictions and civil fraud findings.

"(c) An administrative late fee not exceeding two hundred dollars ($200) as prescribed by the board shall be assessed on any renewal application postmarked after the expiration date of the license.

"(d) No renewal application may be accepted more than 30 days after the expiration date of the license. Any waiver or exception to this 30-day deadline is at the discretion of, and will be determined by, the board.

"(e) Any individual or entity licensed by the board may elect inactive status by notifying the board in writing. The fee for the issuance and renewal of an inactive status certificate shall be established by rule of the board. The board shall provide by rule for those activities which an inactive status certificate holder may engage in, and for a procedure and fee for the reinstatement to an active license.

§34-25B-18.

"(a) The board may suspend, revoke, or refuse to issue or renew any license issued pursuant to this chapter by it upon finding that the holder or applicant has committed any of the following acts:

"(1) A violation of this chapter or any rule promulgated pursuant to this chapter.

"(2) Fraud, deceit, or misrepresentation regarding an application or license.

"(3) Knowingly and willfully making a material misstatement in connection with an application for a license or renewal.

"(4) A conviction by a court of competent jurisdiction of a felony.

"(5) A conviction by a court of competent jurisdiction of a Class A misdemeanor, if the board finds that the conviction reflects unfavorably on the fitness of the person for the license.

"(6) The commission of any act which would have been cause for refusal to issue the license or identification card had it existed and been known to the board at the time of issuance.

"(b) In addition to, or in lieu of, any other lawful disciplinary action under this section, the board may assess a civil penalty not exceeding two thousand dollars ($2,000) for each violation.

"(c) A license may be suspended for the remaining license period and renewed during any period in which the license was suspended.

"(d) Any individual or entity found to be providing private investigator services without a license as required by this chapter shall be subject to an administrative fine of up to one thousand dollars ($1,000) per day that services are provided without a license, and may be administratively enjoined by the board from providing services until such time as the individual or entity complies with this chapter.

§34-25B-21.

"The board shall provide a copy of this chapter and any rules promulgated adopted under this chapter to the following: on the website of the board.

"(1) Each licensee, upon issuance of an original license, and every two years thereafter upon license renewal.

"(2) Any other person, upon request, for a reasonable fee established by the board.

§34-25B-22.

"(a) The following acts when committed by an individual licensed as a private investigator in Alabama a licensed private investigator or by an individual employed by or contracting with a licensed private investigation agency shall constitute a violation punishable as a Class A misdemeanor:

"(1) To knowingly make a material misrepresentation as to the ability of the individual to perform the investigation required by a potential client in order to obtain employment.

"(2) To make unsubstantiated monetary charges to a client for services not rendered or transportation not utilized.

"(3) To knowingly make a false report to a client in relation to the investigation performed for a client.

"(4) To continue an investigation for a client when it becomes obvious to the investigator that a successful completion of an investigation is unlikely without first advising the client and obtaining the approval of the client for continuation of the investigation.

"(5) To reveal information obtained for a client during an investigation to another individual except as required by law.

"(b) Persons licensed pursuant to this chapter shall report any suspected instances of child abuse or neglect to a local law enforcement agency or the Department of Human Resources, or both.

§34-25B-26.

"(a) Each private investigator licensee shall complete 16 hours of continuing professional education acceptable to the board in each calendar year two-year renewal period. Two of the 16 hours shall be on ethics.

"(b) The board shall make every effort to ensue at least one seminar per year will be held in each congressional district of the state providing an opportunity to fulfill the continuing professional education requirements of this section, which shall include at least one hour per year on ethics.

"(c) (b) The board shall promulgate adopt rules necessary to carry out this section."

Section 5. Article 2, commencing with Section 34-25B-40, is added to Chapter 25B of Title 34 of the Code of Alabama 1975, to read as follows:

ARTICLE 2. Private Investigation Agencies.

§34-25B-40.

(a) A business entity, regardless of whether the business entity is domiciled within or outside the state, that employs licensed private investigators may not practice private investigation or advertise or hold itself out to the public in this state as a private investigation agency, company, or other business entity without first being licensed by the board pursuant to this article. A violation of this section is a Class A misdemeanor.

(b) A business entity that employs licensed private investigators and practices private investigation in the state on July 1, 2020, may continue to practice private investigation until the board establishes a licensure process, but in no event may the business entity practice private investigation in the state without a license pursuant to this article after January 1, 2021.

§34-25B-41.

(a) Application for licensure under this article shall be made in writing to the board on forms prescribed by the board and shall include all of the following:

(1) The name of the applicant.

(2) The business, physical, and email addresses of the applicant.

(3) A telephone number and other contact information for the applicant.

(4) If the applicant is not an Alabama domestic business entity, the name and contact information for the registered agent of the applicant for service of process in this state.

(5) The name, address, and contact information of a principal contact for the applicant.

(6) Certification that the applicant verifies that a corporate officer or principal of the applicant holds a private investigator license in good standing in this state pursuant to Article 1.

(7) An irrevocable uniform consent to service of process.

(8) Any other information required by the board and reasonably necessary to grant licensure.

(b) Upon receipt of a properly completed application and payment of a license fee, as determined by rule by the board, the board shall issue a license authorizing the licensee to do business as a private investigation agency in this state.

(c) A private investigation agency license shall be valid for two years and may be renewed upon payment of the license fee described in subsection (b) and meeting any other reasonable requirements established by rule by the board.

(d) Each business entity licensed in accordance with this article shall designate to the board a physical address where the entity's records are to be kept.

§34-25B-42.

(a) The board shall issue to every private investigation agency licensee a certification which shall be at least 8" x 10" in size and contain the following information of the licensee:

(1) Name of the business.

(2) Address of the business.

(3) The license number.

(4) Expiration date of the license.

(b) The certification card shall be posted in a conspicuous area of the licensee's business.

(c) A licensee shall display the agency's license number on all advertisements, brochures, stationery, letterhead, case reports, and business cards distributed or used by the licensee.

§34-25B-43.

(a) All private investigation agency licenses issued or renewed under this article shall be valid for a period of two years from the date of issuance. The board shall provide each licensee with a renewal notification 60 days prior to the expiration of the license. The renewal application shall be available for download on the board website. A licensee shall report any changes of address to the board.

(b) Each application for renewal shall be reviewed for criminal convictions and civil fraud findings.

(c) An administrative late fee not exceeding two hundred dollars ($200) as prescribed by the board shall be assessed on any renewal application postmarked after the expiration date of the license.

(d) No renewal application may be accepted more than 30 days after the expiration date of the license. Any waiver or exception to this 30-day deadline is at the discretion of, and will be determined by, the board.

§34-25B-44.

(a) A licensed private investigation agency shall ensure that at least one officer or principal of the company holds a private investigator license in good standing in this state pursuant to Article 1 and that at least one officer or principal of the company is domiciled in the state.

(b) A licensed private investigation agency shall be responsible for the actions of its employees and contractors while acting in the scope of employment of the company.

(c) All owners, shareholders, principals, and officers of a licensed private investigation agency shall meet the requirements of subdivisions (2) through (5) of Section 34-25B-12.

§34-25B-45.

The board may adopt rules to implement this article.

Section 6. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 7. This act shall become effective July 1, 2020, following its passage and approval by the Governor, or its otherwise becoming law.

Private Investigators

Private Investigation Board

Boards and Commissions

Code Added

Code Amended