HB324 Alabama 2010 Session

Summary

Primary Sponsor

Jim McClendon

Republican

Session

Regular Session 2010

Title

Private Investigation Board, established, members, terms, powers, vacancies, private investigators, licensure and regulation, subject to Administrative Procedure Act and Sunset Law review, civil and criminal penalties, Private Investigators Licensing and Regulatory Act

Description

Currently, the practice of private investigation is not regulated or licensed by the state.

This bill would regulate and license the practice of private investigation by private investigators.

This bill would define terms; create the Alabama Private Investigation Board and provide for its membership, meetings, officers, powers, and duties; would provide that the board is an enumerated agency for purposes of the Alabama Sunset Act, and to provide for periodic review of the board by the Alabama Sunset Committee; and would prohibit persons acting as a private investigator without a license, subject to criminal punishment as a Class A misdemeanor.

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.

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Subjects

Private Investigation Board