HB75 Alabama 2023 Session

Summary

Primary Sponsor

Arnold Mooney Representative

Republican

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

Under existing law, the Alabama Private Investigation Board is responsible for the licensing and regulation of private investigators in the state.

This bill would further establish education and work experience requirements for applicants in order to qualify for a private investigator license.

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

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

This bill would provide further for criminal history background checks for applicants for licensure.

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 individual practicing without a license.

This bill would require licensees to report arrests to the board within 72 hours.

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.

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

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.

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.

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