HB 1358 – AS INTRODUCED
2014 SESSION
10/05
HOUSE BILL 1358
AN ACT relative to regulation of private investigators, security guards, and bail enforcement agents.
SPONSORS: Rep. Burridge, Ches 16
COMMITTEE: Executive Departments and Administration
This bill changes the membership of the advisory board. The bill also makes various changes to the qualification and regulation of private investigators, security guards, and bail enforcement agents by the department of safety.
This bill is a request of the department of safety.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
14-2511
10/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fourteen
AN ACT relative to regulation of private investigators, security guards, and bail enforcement agents.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Advisory Board. Amend RSA 106-F:3-a to read as follows:
106-F:3-a Advisory Board.
I. There is hereby established an advisory board to review complaints and licensing issues relative to private investigative agencies [and], security services, and bail enforcement agents. Each member, except ex officio members, shall be appointed by the governor and approved by the council. A member shall continue to serve until a successor is appointed by the governor and council. Members of the board shall serve without compensation. Members shall each serve a term of 3 years. No appointed member shall be eligible to serve more than 3 full consecutive terms, provided that for this purpose only a period actually served which exceeds 1/2 of the 3-year term shall be deemed a full term. Initial appointments made by the governor shall be staggered for terms of one, 2, or 3 years.
II. The board shall consist of:
(a) Three members licensed in New Hampshire as investigators and who have been so licensed for the last 5 years, one of whom shall be engaged in the practice of accident reconstruction or the practice of bail recovery.
(b) One member licensed in New Hampshire as a security guard and who has been so licensed for the last 5 years.
(c) Two members of the general public who are not and have never been licensed in New Hampshire or another jurisdiction as private investigators, security guards, or bail enforcement agents and who are not the spouse of any such person and who do not have and never have had a material interest in either provision of [private investigation] services regulated under this chapter or an activity directly related to [private investigation] services regulated under this chapter, including representation of the board or profession for a fee at any time during the 5 years preceding their appointments.
[(c) One member](d) Two members of the law enforcement community.
[(d)] (e) The commissioner of the department of safety, or designee.
III. The board shall elect a chairperson and a vice chairperson from its members. [The board shall hold its first meeting no later than 90 days after the effective date of this section.]
2 Experience; Licensure. Amend RSA 106-F:6, VII(d) to read as follows:
(d) Except for employees, possess:
(1) A minimum of 4 years’ experience as a full-time law enforcement officer with a federal, state, county, college or university, or municipal police department, director of security [or senior officer] of a company or corporation, or licensed security service, full-time adjuster, risk manager, or claims investigator for an insurance carrier or adjusting company; or
(2) An associate of science degree or bachelor of science degree in criminal justice or fire service from an accredited college or university, certification from the American Society for Industrial Security as a certified professional investigator, or certification from the National Association of Legal Investigators as a certified legal investigator and employment as a full-time investigator for a private investigative agency for at least 2 years; or
(3) A minimum of 4 years’ employment as a full-time investigator for a licensed private investigator or private investigative agency; or
(4) A minimum of 4 years’ experience as a full-time firefighter and certification by the International Association of Arson Investigators; or
(5) Certification by the American Society for Industrial Security in security operations, and 2 years experience providing such services; or
(6) Certification by the American Society for Industrial Security in executive protection, and 2 years experience providing such services[.]; or
(7) National or international recognized certification as determined by the commissioner of safety on a case-by-case basis.
3 License Fees. Amend RSA 106-F:8, I to read as follows:
I. The fee for a private investigative agency license [or], a security guard service license, or a bail enforcement agency license shall be $150 for an agency or service employing one person licensed under this chapter and $500 for an agency or service employing more than one such person. A person may hold one or more types of license at any given time, provided that a separate fee shall be paid for each license so held. Licenses shall be valid for 2 years after the date of issue and shall be renewed every 2 years thereafter, upon application and payment of the fee and submission of certified evidence that the surety bond remains in force. The application for renewal shall be submitted at least 15 days before the expiration of the previously granted license.
4 Firearm Proficiency. Amend RSA 106-F:8-a, I to read as follows:
I. All armed security guards, armed private investigators, and armed bail enforcement agents shall meet minimum requirements in the proficiency in the use of firearms at least once per year. The requirements shall be as follows:
(a) The practical police course or the tactical revolver course, with a minimum qualification score of 75 percent.
(b) Shotgun familiarization course required for all private investigators, security officers, and bail enforcement agents whose employers issue, or have as part of their equipment, shotguns.
(c) Rifle familiarization course required for all private investigators, security officers, and bail enforcement agents whose employers issue, or have as part of their equipment, rifles.
(d) Four hours of instruction, to include firearms techniques and safety, laws on the use of deadly force, and the moral and ethical use of force. Only qualified firearms instructors shall be used to certify the successful completion of the requirements.
5 Criminal Cases; Bail Recovery Agents. Amend RSA 597:7-b, II to read as follows:
II. Any person who operates as a recovery agent in this state, excluding licensed private [detectives] investigators, shall be trained and certified through a program approved by the Professional Bail Agents of the United States and shall [register] be licensed annually with the [secretary of state] department of safety. The [secretary of state] department of safety shall issue to each [registered] licensed recovery agent proof of such [registration] licensure. [Effective July 1, 2000,] Each bail agency operating in this state shall annually provide to the secretary of state proof of liability insurance coverage in the amount of [$300,000] $500,000 for bail recovery activities of the agency’s bail agents and bail recovery agents. This proof of insurance coverage shall be provided before the agency’s bail agents are licensed or relicensed, and before the agency’s bail recovery agents are registered or reregistered. Bail recovery agents acting as independent contractors shall provide proof of liability insurance coverage in the amount of [$300,000] $500,000 to the [secretary of state] department of safety before [registration or reregistration] licensure or relicensure. Any person who operates as a recovery agent in this state without meeting such certification, insurance, licensure, and registration requirements shall be guilty of a class A misdemeanor.
6 Effective Date. This act shall take effect 60 days after its passage.