HB75 Alabama 2023 Session

Sponsors

Session

Regular Session 2023

Title

Relating to the Alabama Private Investigation Regulatory Act; 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-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 of the Code of Alabama 1975, relating to the Alabama Private Investigation Board; to add Section 34-25B-12.1 and add a new Article 2, commencing with Section 34-25B-50 to Chapter 25B, Title 34 of the Code of Alabama 1975; to require applicants for private investigator licenses to complete education and work experience; to clarify those fees collected by the board that must be deposited into the Alabama Private Investigation Board 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; and 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; and 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 Section 111.05 of the Constitution of Alabama of 2022.

Description

<p class="bill_description"> Under existing law, the Alabama Private Investigation Board is responsible for the licensing and regulation of private investigators in the state</p><p class="bill_description"> This bill would further establish education and work experience requirements for applicants in order to qualify for a private investigator license</p><p class="bill_description"> This bill would clarify those fees collected by the board that must be deposited into the Alabama Private Investigation Board Fund</p><p class="bill_description"> This bill would provide further for the qualifications for licensure as a private investigator</p><p class="bill_description"> This bill would provide further for criminal history background checks for applicants for licensure</p><p class="bill_description"> 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</p><p class="bill_description"> This bill would provide for administrative penalties against any individual practicing without a license</p><p class="bill_description"> This bill would require licensees to report arrests to the board within 72 hours</p><p class="bill_description"> This bill would clarify that the number of hours of continuing education required to maintain licensure HB75 INTRODUCED is 16 hours during the two-year license period</p><p class="bill_description"> This bill would create a private investigator apprentice license that would allow apprentices to gain work experience through an internship</p><p class="bill_description"> 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</p><p class="bill_description"> This bill would also require private investigation agencies that do business within the state to be licensed by the board and meet certain requirements</p><p class="bill_description"> Section 111.05 of the Constitution of Alabama of 2022, 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</p><p class="bill_description"> 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 HB75 INTRODUCED because it comes within one of the specified exceptions contained in the amendment</p><p class="bill_entitled_an_act"> Relating to the Alabama Private Investigation Regulatory Act; 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-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 of the Code of Alabama 1975, relating to the Alabama Private Investigation Board; to add Section 34-25B-12.1 and add a new Article 2, commencing with Section 34-25B-50 to Chapter 25B, Title 34 of the Code of Alabama 1975; to require applicants for private investigator licenses to complete education and work experience; to clarify those fees collected by the board that must be deposited into the Alabama Private Investigation Board 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; and to clarify that the number of hours of continuing education HB75 INTRODUCED 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; and 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 Section 111.05 of the Constitution of Alabama of 2022. </p>