Amended  IN  Senate  April 01, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill No. 385

Introduced by Senator Jones

February 20, 2019

An act to amend Sections 7520.1 and 7529 of, to amend, repeal, and add Section 7558.1 of, and to add Section 7517 to, the Business and Professions Code, relating to professions and vocations.


LEGISLATIVE COUNSEL'S DIGEST


SB 385, as amended, Jones. Private Investigator Act.
The Private Investigator Act provides for the licensure and regulation of private investigators by the Department of Consumer Affairs and the Bureau of Security and Investigative Services. That act prohibits a person from engaging in the business of a private investigator, acting or assuming to act as a private investigator, or representing that the person is licensed as a private investigator unless that person is licensed by the department, and makes a violation of this provision punishable as an infraction, as specified.
This bill would instead make a violation of that prohibition punishable as a misdemeanor, as specified. The bill would also require require, on and after January 21, 2021, the department to make available and provide to consumers, through its internet website, the ability to search and identify licensees by individual name. By making a violation of the above-described prohibition a misdemeanor instead of an infraction, this bill would result in a state-mandated local program.
The Private Investigator Act requires, upon the issuance of a license, that a pocket card, as described, be issued by the bureau to each licensee, as specified, and provides that the pocket card is evidence that the licensee is licensed under the act.
This bill, on and after January 1, 2021, would instead require an enhanced photo identification card to be issued upon the issuance of a license and each biennial renewal of a license, as specified, and would make conforming changes.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 7517 is added to the Business and Professions Code, to read:

7517.
 (a) The department shall make available and provide to consumers, through its internet website, the ability to search and identify licensees by individual name.
(b) This section shall become operative on January 1, 2021.

SEC. 2.

 Section 7520.1 of the Business and Professions Code is amended to read:

7520.1.
 Notwithstanding any other law, any person engaging in a business as a private investigator who violates Section 7520 is guilty of a misdemeanor and is punishable by a fine of one thousand dollars ($1,000) or by imprisonment in the county jail for not more than one year, or by both that fine and imprisonment.

SEC. 3.

 Section 7529 of the Business and Professions Code, as amended by Section 16 of Chapter 569 of the Statutes of 2017, is amended to read:

7529.
 (a) (1) Upon the issuance of a license, a pocket card of the size, design, and content as may be determined by the director shall be issued by the bureau to each licensee, as follows:
(A) If the licensee is an individual, the pocket card shall be issued to the licensee and to the licensee’s qualified manager.
(B) If the licensee is a partnership, the pocket card shall be issued to each partner of the partnership licensee active in the business and to the licensee’s qualified manager.
(C) If the licensee is a corporation, the pocket card shall be issued to each officer active in the business and to the licensee’s qualified manager.
(D) If the licensee is a limited liability company, the pocket card shall be issued to each member, officer, and manager of the licensee active in the business and to the licensee’s qualified manager.
(2) The pocket card is evidence that the licensee is licensed pursuant to this chapter. The card shall contain the signature of the licensee, signature of the chief, and a photograph of the licensee, or bearer of the card, if the licensee is other than an individual. The card shall clearly state that the person is licensed as a private investigator or is the qualified manager, officer, member, or manager of the licensee. The pocket card is to be composed of a durable material and may incorporate technologically advanced security features. The bureau may charge a fee sufficient to reimburse the department’s costs for furnishing the pocket card. The fee charged shall not exceed the actual direct costs for system development, maintenance, and processing necessary to provide this service, service and shall not exceed sixteen dollars ($16). When a person to whom a card is issued terminates the person’s position, office, or association with the licensee, a qualified manager licensee belonging to a person to whom a card is issued is terminated, the card shall be surrendered to the licensee and within five days thereafter shall be mailed or delivered by the licensee to the bureau for cancellation. cancellation, unless the person has secured a position, office, or association with another qualified manager licensee. Every person, while engaged in any activity for which licensure is required, shall display the person’s valid pocket card as provided by regulation.
(3) This subdivision shall become inoperative on January 1, 2021.
(b) (1) Upon the issuance of and with each biennial renewal of a license, a license in the form of an enhanced photo identification card of the size, design, and content as may be determined by the director shall be issued by the bureau to each licensee, as follows:
(A) If the licensee is an individual, the enhanced photo identification card shall be issued to the licensee and to the licensee’s qualified manager.
(B) If the licensee is a partnership, the enhanced photo identification card shall be issued to each partner of the partnership licensee active in the business and to the licensee’s qualified manager.
(C) If the licensee is a corporation, the enhanced photo identification card shall be issued to each officer active in the business and to the licensee’s qualified manager.
(D) If the licensee is a limited liability company, the enhanced photo identification card shall be issued to each member, officer, and manager of the licensee active in the business and to the licensee’s qualified manager.
(2) The enhanced photo identification card is evidence that the licensee is licensed pursuant to this chapter. The card shall contain the name of the licensee, license expiration date, signature of the licensee, signature of the chief, and a photograph of the licensee. The enhanced photo identification card shall clearly state that the person is licensed as a private investigator or is the qualified manager or officer of the licensee. The enhanced photo identification card is to be composed of a durable material and may incorporate technologically advanced security features. The bureau may recover its costs in an amount sufficient to reimburse the department’s costs for furnishing the enhanced photo identification card. The fee charged shall not exceed the actual direct costs for system development, maintenance, and processing necessary to provide this service. The total amount of costs shall be recovered by including that amount in the fee charged for the initial application of and renewal of licensure. When a person to whom a card is issued terminates the person’s position, office, or association with the a qualified manager licensee, licensee belonging to a person to whom a card is issued is terminated, the card shall be surrendered to the licensee and within five days thereafter shall be mailed or delivered by the licensee to the bureau for cancellation. cancellation, unless the person has secured a position, office, or association with another qualified manager licensee. Every person, while engaged in any activity for which licensure is required, shall display the person’s valid enhanced photo identification card as provided by regulation.
(3) This subdivision shall become operative only if the January 1, 2021, repeal date for this section established in subdivision (c) is deleted or extended, and in that event shall become operative on January 1, 2021.
(c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute deletes or extends that date.

SEC. 4.

 Section 7529 of the Business and Professions Code, as amended by Section 17 of Chapter 569 of the Statutes of 2017, is amended to read:

7529.
 (a) Upon the issuance of and with each biennial renewal of a license, a license in the form of an enhanced photo identification card of the size, design, and content as may be determined by the director shall be issued by the bureau to each licensee, as follows:
(1) If the licensee is an individual, the enhanced photo identification card shall be issued to the licensee and to the licensee’s qualified manager.
(2) If the licensee is a partnership, the enhanced photo identification card shall be issued to each partner of the partnership licensee active in the business and to the licensee’s qualified manager.
(3) If the licensee is a corporation, the enhanced photo identification card shall be issued to each officer active in the business and to the licensee’s qualified manager.
(b) The enhanced photo identification card is evidence that the licensee is licensed pursuant to this chapter. The card shall contain the name of the licensee, license expiration date, signature of the licensee, signature of the chief, and a photograph of the licensee. The enhanced photo identification card shall clearly state that the person is licensed as a private investigator or is the qualified manager or officer of the licensee. The enhanced photo identification card is to be composed of a durable material and may incorporate technologically advanced security features. The bureau may recover its costs in an amount sufficient to reimburse the department’s costs for furnishing the enhanced photo identification card. The fee charged shall not exceed the actual direct costs for system development, maintenance, and processing necessary to provide this service. The total amount of costs shall be recovered by including that amount in the fee charged for the initial application of and renewal of licensure. When a person to whom a card is issued terminates the person’s position, office, or association with the licensee, a qualified manager licensee belonging to a person to whom a card is issued is terminated, the card shall be surrendered to the licensee and within five days thereafter shall be mailed or delivered by the licensee to the bureau for cancellation. cancellation, unless the person has secured a position, office, or association with another qualified manager licensee. Every person, while engaged in any activity for which licensure is required, shall display the person’s valid enhanced photo identification card as provided by regulation.
(c) This section shall become operative on January 1, 2021.

SEC. 5.

 Section 7558.1 of the Business and Professions Code is amended to read:

7558.1.
 (a) To renew an unexpired license or certificate, the licensee shall, on or before the date on which it would otherwise expire, apply for renewal on a form prescribed by the director, and pay the renewal fee prescribed by this chapter. On renewal, such evidence of renewal of the license or certificate as the director may prescribe, and renewal pocket cards for the persons mentioned in Section 7529, shall be issued to the licensee.
(b) A license or certificate shall not be renewed until any and all fines assessed pursuant to Section 7564 and not resolved in accordance with the provisions of that section have been paid.
(c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.

SEC. 6.

 Section 7558.1 is added to the Business and Professions Code, to read:

7558.1.
 (a) To renew an unexpired license or certificate, the licensee shall, on or before the date on which it would otherwise expire, apply for renewal on a form prescribed by the director, and pay the renewal fee prescribed by this chapter. On renewal, such evidence of renewal of the license or certificate as the director may prescribe, and enhanced photo identification cards for the persons mentioned in Section 7529, shall be issued to the licensee.
(b) A license or certificate shall not be renewed until any and all fines assessed pursuant to Section 7564 and not resolved in accordance with the provisions of that section have been paid.
(c) This section shall become operative on January 1, 2021.

SEC. 7.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.