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H0770......................................................by STATE AFFAIRS PRIVATE INVESTIGATORS - Amends existing law to provide for the licensure of private investigators; to provide legislative intent; to create the Idaho Private Investigators Hearing and License Board and to provide membership, appointment, qualifications and compensation of the board; to provide powers and duties of the board; to provide that licensing is required and to provide for treatment of persons already engaged as private investigators; to provide violations; to provide for two license classifications; to provide the qualifications for applicants for licensing; to provide requirements for persons applying for individual and apprentice licenses; to provide licensing fees; to provide for the issuance of the license and when a license expires; to prohibit transfer of licenses; to provide for denial of a license and to provide for appeal; to provide for conducting activities under an assumed business name; to provide for filing of the business address and to provide for posting of the license; to provide the authority of the board to investigate complaints and to provide for retention of records; to provide grounds for disciplinary action and to provide the types of action; to provide for continuing education; and to exempt from public disclosure records of addresses of private investigative agencies under an assumed business name. 02/25 House intro - 1st rdg - to printing 02/26 Rpt prt - to Bus
H0770|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 770 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO LICENSING OF PRIVATE INVESTIGATORS; AMENDING TITLE 54, IDAHO CODE, 3 BY THE ADDITION OF A NEW CHAPTER 40, TITLE 54, IDAHO CODE, TO PROVIDE A 4 SHORT TITLE, TO PROVIDE A LEGISLATIVE DECLARATION, TO PROVIDE DEFINITIONS, 5 TO CREATE THE IDAHO PRIVATE INVESTIGATORS HEARING AND LICENSING BOARD AND 6 TO PROVIDE MEMBERSHIP, APPOINTMENT, QUALIFICATIONS AND COMPENSATION, TO 7 PROVIDE THE POWERS AND DUTIES OF THE BOARD, TO PROVIDE THAT LICENSING IS 8 REQUIRED, TO PROVIDE FOR TREATMENT OF PERSONS ALREADY ENGAGED AS PRIVATE 9 INVESTIGATORS AND TO PROVIDE VIOLATIONS, TO PROVIDE FOR TWO LICENSE CLAS- 10 SIFICATIONS AND THAT LICENSES ARE REQUIRED TO ACT, TO PROVIDE QUALIFICA- 11 TIONS FOR APPLICANTS FOR LICENSING AND TO PROVIDE REQUIREMENTS FOR PERSONS 12 APPLYING FOR INDIVIDUAL AND APPRENTICE LICENSES, TO PROVIDE LICENSING 13 FEES, TO PROVIDE FOR ISSUANCE OF LICENSES, TO PROVIDE A LICENSE PERIOD, TO 14 PROVIDE FOR EXPIRATION OF APPLICATIONS AND TO PROHIBIT TRANSFER OF 15 LICENSES, TO PROVIDE FOR DENIAL OF A LICENSE AND TO PROVIDE FOR AN APPEAL, 16 TO PROVIDE FOR CONDUCTING ACTIVITIES UNDER AN ASSUMED BUSINESS NAME, TO 17 PROVIDE FOR FILING OF THE BUSINESS ADDRESS AND TO PROVIDE FOR POSTING OF 18 THE ISSUED LICENSE, TO PROVIDE AUTHORITY TO THE BOARD TO INVESTIGATE COM- 19 PLAINTS, TO PROVIDE FOR INITIATION OF COMPLAINTS, TO PROVIDE FOR RESPONSES 20 AND TO PROVIDE FOR RETENTION OF RECORDS, TO PROVIDE GROUNDS FOR DISCIPLIN- 21 ARY ACTION AND TO PROVIDE TYPES OF ACTION, TO PROVIDE FOR CONTINUING EDU- 22 CATION AND TO PROVIDE THAT THE STATE HAS EXCLUSIVE AUTHORITY TO REGULATE 23 PRIVATE INVESTIGATORS; AMENDING CHAPTER 3, TITLE 9, IDAHO CODE, BY THE 24 ADDITION OF A NEW SECTION 9-340B, IDAHO CODE, TO EXEMPT FROM PUBLIC DIS- 25 CLOSURE RECORDS OF ADDRESSES OF PRIVATE INVESTIGATIVE AGENCIES UNDER AN 26 ASSUMED BUSINESS NAME; AND AMENDING SECTION 67-2601, IDAHO CODE, TO PRO- 27 VIDE A REFERENCE TO THE IDAHO PRIVATE INVESTIGATOR HEARING AND LICENSURE 28 BOARD. 29 Be It Enacted by the Legislature of the State of Idaho: 30 SECTION 1. That Title 54, Idaho Code, be, and the same is hereby amended 31 by the addition thereto of a NEW CHAPTER , to be known and desig- 32 nated as Chapter 40, Title 54, Idaho Code, and to read as follows: 33 CHAPTER 40 34 PRIVATE INVESTIGATORS REGULATION ACT 35 54-4001. SHORT TITLE. This act shall be known as the "Idaho Private 36 Investigators Regulation Act." 37 54-4002. LEGISLATIVE DECLARATION. The private investigators in the state 38 of Idaho are declared to be in professions affecting the health, safety, and 39 welfare of the public and subject to the regulation and control in the public 40 interest. It is further declared to be a matter of public interest and concern 41 that the private investigators, as defined in this chapter, merit and receive 2 1 the confidence of the public and that only qualified individuals should be 2 permitted to engage in the profession in the state of Idaho. This chapter 3 shall be liberally construed to carry out these objectives and purposes. 4 54-4003. DEFINITIONS. As used in this chapter: 5 (1) "Adequate records" means records containing, at a minimum, sufficient 6 information to identify the client, the dates of service, the fee for service, 7 the payments for service, the type of service given, and copies of any reports 8 that may have been made. 9 (2) "Advertising" means the submission of bids, contracting or making 10 known by any public notice, publication, or solicitation of business, directly 11 or indirectly, that services regulated under this chapter are available for 12 consideration. 13 (3) "Applicant" means any person who has submitted a completed applica- 14 tion and all required fees. 15 (4) "Apprentice licensee" means any individual who holds an apprentice 16 license, has not met the requirements for an individual license, and works 17 under the direct supervision and guidance of a licensed private investigator. 18 (5) "Board" means the Idaho private investigators hearing and licensing 19 board. 20 (6) "Conviction" means an adjudication of guilt by a federal, state, or 21 local court resulting from trial or plea, including a plea of no contest. 22 (7) "Emergency proceeding" means an emergency proceeding as provided in 23 section 67-5247, Idaho Code. 24 (8) "Identification card" means a card issued by the Idaho private inves- 25 tigators board to a qualified applicant for a private investigator license. 26 (9) "Individual licensee" means any person who holds a license to prac- 27 tice as a private investigator in the state of Idaho. 28 (10) "Letter of concern" means an advisory letter to notify a private 29 investigator that while there are insufficient findings of violation of this 30 act to support probation, suspension, or revocation of a license, the board 31 believes the private investigator should modify or eliminate certain practices 32 and that continuation of the activities that led to the information being sub- 33 mitted to the department may result in further disciplinary action against the 34 private investigator's license. 35 (11) "Licensee" means a person to whom a private investigator license is 36 issued. 37 (12) (a) "Private investigator" means any person licensed under this sec- 38 tion, except collection agencies and credit reporting agencies, who, for 39 consideration engages in business or accepts employment to conduct any 40 investigation for the purpose of obtaining information with reference to: 41 (i) Crime, wrongs done, or threats against the United States or 42 any state or territory of the United States; 43 (ii) The identity, habits, conduct, business occupation, honesty, 44 integrity, credibility, knowledge, transactions, refutation, or char- 45 acter of any person or group of persons; 46 (iii) The credibility of witnesses or other persons; 47 (iv) The whereabouts of missing persons or owners of abandoned 48 property; 49 (v) The causes and origin of, or responsibility for a fire, libel, 50 slander, a loss, an accident, damage, or an injury to real or per- 51 sonal property; 52 (vi) The business of securing evidence to be used before investi- 53 gating committees or boards of award or arbitration or in the trial 54 of civil or criminal cases and the preparation; 3 1 (vii) The prevention, detection, and removal of installed devices 2 for eavesdropping or observation; 3 (viii) Conducting polygraph examinations. 4 (b) "Private investigator" does not include: 5 (i) Any person or employee conducting an investigation on their 6 own behalf or on the behalf of their employer if the employer is not 7 a private investigator under this chapter; or 8 (ii) An employee of an attorney licensed to practice law in this 9 state; or 10 (iii) Any police officer so long as he is acting in his capacity as 11 a law enforcement officer for his respective law enforcement agency; 12 or 13 (iv) An employee of any bail bond agency. 14 (13) "Unprofessional conduct" means any of the following: 15 (a) Engaging or offering to engage by fraud or misrepresentation in any 16 activities regulated by this chapter; 17 (b) Aiding or abetting a person who is not licensed pursuant to this 18 chapter in representing that person as a private investigator in this 19 state; 20 (c) Gross negligence in the practice of a private investigator; 21 (d) Failing or refusing to maintain adequate records and investigative 22 findings on a subject of investigation or a client; 23 (e) Conviction of a felony or a misdemeanor involving any crime that is 24 grounds for denial, suspension, or revocation of a private investigator 25 license; 26 (f) Making a fraudulent or untrue statement to the board, department, or 27 its investigators, staff or consultants. 28 54-4004. IDAHO PRIVATE INVESTIGATORS HEARING AND LICENSING BOARD -- CRE- 29 ATION -- APPOINTMENTS -- TERMS -- QUALIFICATIONS. There is hereby established 30 in the department of self-governing agencies a private investigators hearing 31 and licensure board. The board shall have the responsibility of enforcing the 32 provisions of this chapter. The board shall have all the duties, power and 33 authority specifically granted by this chapter and necessary to the enforce- 34 ment of the provisions of this chapter. 35 (1) The board shall consist of five (5) members appointed by the gover- 36 nor. 37 (2) Each member of the board shall be a citizen of the United States and 38 a resident of the state of Idaho. The board shall consist of one (1) POST cer- 39 tified law enforcement officer; one (1) member of the Idaho state bar; and 40 three (3) private investigators licensed under the provisions of this act. 41 (3) The board shall be appointed within thirty (30) days after the effec- 42 tive date of this act for terms beginning on the effective date of this act, 43 and shall serve the following terms commencing upon appointment: one (1) shall 44 be appointed for a term of one (1) year; one (1) shall be appointed for a term 45 of two (2) years; one (1) shall be appointed for a term of three (3) years; 46 one (1) shall be appointed for a term of four (4) years; and one (1) shall be 47 appointed for a term of five (5) years. Thereafter all terms shall be for a 48 period of five (5) years. Whenever a vacancy occurs, the governor shall 49 appoint a qualified person to fill the vacancy for the unexpired term after 50 reviewing and considering a list of three (3) nominees supplied by the execu- 51 tive board of the Idaho private investigators association. 52 The members of the board shall, at their first regular meeting following 53 the effective date of this act and every year thereafter, elect by a majority 54 vote of the members of the board, a chairman who shall preside at meetings of 4 1 the board. In the event the chairman is not present at any board meeting, the 2 board may by majority vote of the members present appoint a temporary chair- 3 man. A majority of the members of the board shall constitute a quorum. 4 The first members of the board appointed by the governor following enact- 5 ment of this act shall be considered provisionally licensed for a period of 6 one (1) year. 7 Each member of the board shall be compensated as provided by section 8 59-509(g), Idaho Code. 9 54-4005. IDAHO PRIVATE INVESTIGATORS HEARING AND LICENSING BOARD -- 10 POWERS AND DUTIES. The board shall have the following powers and duties: 11 (1) To review the qualifications of applicants and determine their suit- 12 ability for licensing; 13 (2) To provide by rule for the examination, either written or oral or 14 both, of any applicant for licensure under this chapter; 15 (3) To investigate alleged violations of the provisions of this chapter 16 or any rules adopted by the board; 17 (4) To promulgate in accordance with the provisions of chapter 52, title 18 67, Idaho Code, all rules necessary to carry out the provisions of this chap- 19 ter; 20 (5) To establish and enforce standards and disciplinary actions and pro- 21 cedures governing the conduct of persons licensed under this chapter; 22 (6) To maintain in its name an action for injunctive or other appropriate 23 legal or equitable relief to remedy violations of this chapter; 24 (7) To require a licensee to maintain and keep records and provide 25 reports to the board as deemed appropriate; 26 (8) To issue, renew, deny, suspend, or revoke licenses in a manner con- 27 sistent with this chapter; 28 (9) To conduct hearings on all matters properly brought before it and, in 29 connection therewith, to administer oaths, receive evidence, make the neces- 30 sary determinations, and enter orders consistent with the findings; 31 (10) To establish reasonable fees for application, processing, and licens- 32 ing of all persons who fall within the provisions of this chapter; 33 (11) To authorize, by written agreement, the bureau of occupational 34 licenses to act as agent in its interest; 35 (12) To make and enter into agreements with other states for the recipro- 36 cal licensing of private investigators, and/or to provide by rule for allowing 37 experience as a private investigator licensed under the laws of another state 38 toward the qualifications required by this chapter; 39 (13) To provide by rule for appropriate restrictions relative to use of 40 shields, badges, misleading trade names and advertisements and such other 41 related matters as may be necessary to protect the public; 42 (14) In connection with determining the qualifications for persons 43 licensed pursuant to this chapter, the board may request and is authorized to 44 receive criminal history information summaries from the Idaho department of 45 law enforcement; and 46 (15) In connection with any administrative hearing conducted pursuant to 47 this chapter, and through its duly authorized hearing officer, to administer 48 oaths, take depositions within or without the state in a manner provided by 49 the Idaho rules of civil procedure and apply to any district court of the 50 state for a subpoena to require the attendance of witnesses and the production 51 of books, records and papers as it deems necessary. The fees and mileage of 52 witnesses shall be the same as that allowed in the district courts in criminal 53 cases, which fees and mileage shall be paid in the same manner as other 54 expenses of the board are paid. In any case of disobedience to, or neglect of, 5 1 any subpoena or subpoena duces tecum served upon any person or the refusal of 2 any witness to testify to any matter regarding which he may be lawfully 3 interviewed, it shall be the duty of any district court in this state, upon 4 application of the board, to compel compliance with a subpoena by proceedings 5 for contempt, and as in the case of disobedience of the requirements of a sub- 6 poena issued from such court or for refusal to testify therein. A licensee, or 7 applicant who is the subject of such administrative hearing shall have the 8 same right of subpoena. 9 54-4006. LICENSURE REQUIRED -- GRANDFATHER PROVISION -- VIOLATION. (1) It 10 shall be unlawful for any person to operate as a private investigator without 11 first obtaining a license as provided in this chapter. 12 (2) Persons already engaged as private investigators on the effective 13 date of this chapter shall be considered provisionally licensed until December 14 31, 1999, or an earlier time as the board acts upon their applications, which 15 shall be submitted to the board no later than September 31, 1998. 16 (3) All persons validly licensed by a county or municipal jurisdiction in 17 the state of Idaho prior to the effective date of this chapter may obtain 18 their license with the state under the provisions of this section without 19 meeting any additional requirements, provided: 20 (a) The person has satisfied the requirements of section 54-4008(1)(a) 21 and (1)(b), Idaho Code; and 22 (b) The fees required in section 54-4009(1)(a) and (1)(b), Idaho Code, 23 are paid. 24 (4) Any person who shall engage in the profession of private investigator 25 as defined in this chapter without a license as provided for by this act, or 26 the rules of the board, shall be guilty of a misdemeanor. 27 54-4007. CLASSIFICATION OF LICENSES -- LICENSE REQUIRED TO ACT. (1) Every 28 person applying for a license under this chapter shall indicate on the appli- 29 cation which of the following licenses he is applying for: 30 (a) A person shall be eligible for an individual license if he meets the 31 requirements of subsections (1) and (2) of section 54-4008, Idaho Code; 32 (b) A person meeting the requirements of subsection (3) of section 33 54-4008, Idaho Code, shall be eligible for an apprentice license if he 34 meets the requirements of subsections (1) and (3) of section 54-4008, 35 Idaho Code. 36 (2) A person may not act or assume to act as, or represent himself to be, 37 a licensee unless he is licensed under this chapter. 38 54-4008. QUALIFICATIONS FOR LICENSURE -- APPLICATION. (1) An applicant 39 for any license under this chapter shall be at least twenty-one (21) years of 40 age, a legal resident of the United States, and shall not: 41 (a) Have been convicted of: 42 (i) A felony; 43 (ii) Any crime of domestic violence; 44 (iii) Any crime of dishonesty or fraud. 45 (b) If the applicant has been previously or is currently licensed in 46 another state or jurisdiction, the applicant shall be in good standing 47 within that state or jurisdiction. 48 (2) An applicant for an individual license shall: 49 (a) Have had a minimum of two (2) years, or fifteen hundred (1,500) 50 hours of investigative experience that consists of actual work performed 51 as an investigator for a private agency or business, the federal govern- 52 ment, or a state, county, or municipal government; 6 1 (b) Substantiate investigative work experience claimed as years of quali- 2 fying experience and provide the exact details as to the character and 3 nature of the experience on a form prescribed by the board and certified 4 by the applicant's employers. 5 (3) An applicant for an apprentice license, lacking the experience 6 required for an individual license, must complete an apprenticeship applica- 7 tion and work under the close supervision of a licensed private investigator, 8 until the applicant is granted an individual license. 9 (4) Upon unanimous decision of the board, the board shall have the dis- 10 cretion to grant exceptions to the qualifications for licensure on a case-by- 11 case basis. 12 54-4009. LICENSURE -- DEPOSIT OF FEES. (1) Fees for application process- 13 ing, original licensure and renewal shall be as follows: 14 (a) For processing the original license application, including the fin- 15 gerprint processing and background investigation, the fees shall be an 16 amount, to be established by the board, not to exceed two hundred fifty 17 dollars ($250); 18 (b) For any original license and annual renewal, the fee shall be an 19 amount, to be established by the board, not to exceed two hundred fifty 20 dollars ($250). 21 (2) The board may renew a license granted under this chapter upon receipt 22 of an application on forms as prescribed by the board and upon receipt of the 23 fees prescribed in this section. Renewal of a license shall not be granted 24 more than ninety (90) days after expiration. A licensee may not engage in any 25 activity subject to the provisions of this chapter during any period between 26 the date the license lapsed and the renewal of the license. 27 (3) The board shall renew a suspended license in this chapter. Renewal of 28 the license does not entitle the licensee, while the license remains suspended 29 and until it is reinstated, to engage in any activity regulated by this chap- 30 ter, or in any other activity or conduct in violation of the order or judgment 31 by which the license was suspended. 32 (4) The board shall not reinstate a revoked license or accept an applica- 33 tion for a license from a person whose license has been revoked for at least 34 two (2) years from the date of revocation. 35 (5) All fees collected by the board under this section shall be deposited 36 in the occupational licenses fund. 37 54-4010. ISSUANCE OF LICENSE TO APPLICANT -- LICENSE PERIOD -- EXPIRATION 38 OF APPLICATION -- TRANSFER OF LICENSE PROHIBITED. (1) The board shall issue a 39 license to an applicant who complies with the provisions of this chapter. Each 40 license issued under this chapter shall contain the name and address of the 41 licensee and the number of the license and shall be issued for a period of one 42 (1) year. 43 (2) On the issuance of a license, an identification card of dimensions 44 two and one-half (2 1/2) inches by four and one-half (4 1/2) inches will be 45 issued without charge to the licensee pursuant to this chapter. 46 (3) On notification by the board to an applicant that the license is 47 ready for issuance, the applicant shall complete the application process 48 within ninety (90) days. Failure to complete the process shall result in the 49 application being cancelled and all fees forfeited. Subsequent application by 50 the same applicant requires the payment of applicable fees described in this 51 chapter. 52 (4) A licensee shall notify the board of any change in the name or 53 address of their business or that of their employer within thirty (30) days of 7 1 the change. 2 (5) A license issued under this chapter is not transferable or assign- 3 able. 4 54-4011. GROUNDS FOR DENIAL OF A LICENSE -- APPEAL. (1) The board may 5 deny a license or the renewal of a license if the applicant has: 6 (a) Committed an act that, if committed by a licensee, would be grounds 7 for probation, suspension or revocation of a license under this chapter; 8 (b) While not licensed under this chapter, committed or aided and abetted 9 the commission of any act for which a license is required by this chapter; 10 or 11 (c) Knowingly made a material misstatement in connection with an applica- 12 tion for a license or renewal of a license required by this chapter. 13 (2) The denial of the issuance of a license under this chapter shall be 14 in writing and shall describe the basis for the denial. The denial shall 15 inform the applicant that if the applicant desires a hearing to contest the 16 denial, he shall submit a request in writing to the board within thirty (30) 17 days after issuance of the denial. The board shall schedule a hearing for the 18 next board meeting, but not later than sixty (60) days after receipt of the 19 request. 20 (3) The decision of the board may be appealed as provided for agency 21 actions against licensees in the administrative procedure act, chapter 52, 22 title 67, Idaho Code. 23 54-4012. BUSINESS NAME AND ADDRESS -- POSTING OF LICENSE -- ADVERTISING. 24 (1) A licensee may conduct an investigation business under a name other than 25 the licensee's by complying with the requirements of chapter 5, title 53, 26 Idaho Code, for conducting business under an assumed name and by providing a 27 copy of the certificate filed pursuant to that chapter and title with the 28 board. 29 (2) Each licensee shall have at least one (1) physical location from 30 which the normal business is conducted. The address of this location shall be 31 on file with the board at all times. The record of the address is exempt from 32 disclosure as a public record pursuant to section 9-340B, Idaho Code. 33 (3) The license certificate issued by the board shall be posted in a con- 34 spicuous place in the principal office of the private investigator. 35 54-4013. AUTHORITY TO INVESTIGATE COMPLAINT -- FILING OF COMPLAINTS -- 36 RESPONSE -- RETENTION OF RECORDS. (1) The board may initiate an investigation 37 of any person advertising their services or engaged in performing services 38 that require a license under this chapter and shall investigate if a licensee 39 is engaged in activities that do not comply with or are prohibited by this 40 chapter. 41 (2) The board shall enforce the provisions of this chapter without regard 42 to the place or location in which a violation may have occurred in Idaho, and 43 on the complaint of any person, may investigate any alleged violation of this 44 chapter or the business and the business methods of any licensee or applicant 45 for licensure under this chapter and at the request of the board. 46 (3) Complaints against any licensee shall be filed with the board, in 47 writing, on prescribed forms: 48 (a) Upon receipt of a complaint, or at the request of the board, the 49 board shall assign it to an impartial investigator; 50 (b) The board will provide notification of the nature of the complaint by 51 way of certified mail to the licensee who shall answer the complaint in 52 writing within fifteen (15) working days from the date it was received. 8 1 (4) In any investigation undertaken by the board, each licensee upon 2 request, shall provide records and truthfully respond to questions concerning 3 activities regulated under this chapter. 4 (a) These records shall be maintained for five (5) years at the principal 5 place of business of the licensee or at another location approved by the 6 board for a licensee whose license has been terminated, cancelled or 7 revoked. 8 (b) On request by the board during normal business hours or other time 9 acceptable to the parties, the records shall be made available without 10 delay to the board unless the board determines that an extension may be 11 granted. The licensee shall provide copies of any and all business records 12 requested by the board or its investigator. 13 54-4014. GROUNDS FOR DISCIPLINARY ACTION -- TYPES OF ACTION. (1) The fol- 14 lowing constitute grounds for disciplinary action: 15 (a) Fraud or willful misrepresentations in applying for an original 16 license or renewal of an existing license; 17 (b) Using any letterhead, advertising or other printed matter in any man- 18 ner representing that he is an instrumentality of the federal government, 19 a state or any political subdivision of a state; 20 (c) Impersonating, permitting, or aiding and abetting an employee or 21 independent contractor to impersonate a law enforcement officer or 22 employee of the United States, any state or a political subdivision of a 23 state; 24 (d) Knowingly violating, advising, encouraging or assisting the violation 25 of any statute, court order or injunction in the course of a business reg- 26 ulated under this chapter; 27 (e) Falsifying fingerprints or photographs while operating under this 28 chapter; 29 (f) Conviction of a felony; 30 (g) Conviction of any crime involving deception or fraud; 31 (h) Conviction of any crime of domestic violence; 32 (i) Willfully neglecting to render to a client services or a report as 33 agreed between the parties and for which compensation has been paid or 34 tendered in accordance with the agreement of the parties. However, if the 35 licensee chooses to withdraw from the case and returns the funds, payed or 36 tendered, no violation of this section exists; 37 (j) The unauthorized release of information acquired on behalf of a cli- 38 ent by a licensee, as a result of activities regulated under this chap- 39 ter; 40 (k) Failing or refusing to cooperate with, misrepresenting to, or refus- 41 ing access to an authorized representative of the board engaged in an 42 official investigation pursuant to this chapter; 43 (l) Permitting, authorizing, aiding, or in any way assisting an unli- 44 censed individual to conduct services as described in this chapter; 45 (m) Conducting private investigation services regulated by this chapter 46 on a revoked or suspended license; 47 (n) Advertising in a false, deceptive or misleading manner; 48 (o) Refusing to display the identification card issued by the board to 49 any person having reasonable cause to verify the validity of the license. 50 (2) If the board finds, based on investigation, that the public health, 51 safety or welfare requires emergency action, the board may undertake emergency 52 proceedings as provided in section 67-5247, Idaho Code. 53 54-4015. CONTINUING EDUCATION REQUIRED. (1) Licensees shall be required 9 1 to attend and successfully complete ten (10) continuing education units per 2 year to maintain their licenses in good standing. Failure to provide proof of 3 such career development training to the board shall result in licensing revo- 4 cation. 5 (2) The board shall determine and approve the relevancy, nature and con- 6 tent of continuing education that fulfills the requirements of this section. 7 54-4016. STATE HAS EXCLUSIVE AUTHORITY TO REGULATE. The state of Idaho 8 shall have exclusive authority to regulate the activities of private investi- 9 gators in this state, including the authority to require and provide licens- 10 ing. 11 SECTION 2. That Chapter 3, Title 9, Idaho Code, be, and the same is 12 hereby amended by the addition thereto of a NEW SECTION , to be 13 known and designated as Section 9-340B, Idaho Code, and to read as follows: 14 9-340B. EXEMPTION FROM DISCLOSURE -- ADDRESSES OF LICENSED PRIVATE 15 INVESTIGATORS. The following records are exempt from disclosure: as provided 16 in section 54-4012, Idaho Code, business addresses of private investigators 17 licensed under chapter 40, title 54, Idaho Code, conducting business under an 18 assumed business name, provided the assumed business name has been registered 19 with the secretary of state pursuant to chapter 5, title 53, Idaho Code. 20 SECTION 3. That Section 67-2601, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 67-2601. DEPARTMENT CREATED -- ORGANIZATION -- DIRECTOR -- BUREAU OF 23 OCCUPATIONAL LICENSES CREATED. (1) There is hereby created the department of 24 self-governing agencies. The department shall, for the purposes of section 20, 25 article IV of the constitution of the state of Idaho, be an executive depart- 26 ment of the state government. 27 (2) The department shall consist of the following: 28 (a) agricultural commodity commissions: Idaho apple commission, as pro- 29 vided by chapter 36, title 22, Idaho Code; Idaho bean commission, as pro- 30 vided by chapter 29, title 22, Idaho Code; Idaho beef council, as provided 31 by chapter 29, title 25, Idaho Code; Idaho cherry commission, as provided 32 by chapter 37, title 22, Idaho Code; Idaho dairy products commission, as 33 provided by chapter 31, title 25, Idaho Code; Idaho pea and lentil com- 34 mission, as provided by chapter 35, title 22, Idaho Code; Idaho potato 35 commission, as provided by chapter 12, title 22, Idaho Code; Idaho prune 36 commission, as provided by chapter 30, title 22, Idaho Code; and the Idaho 37 wheat commission, as provided by chapter 33, title 22, Idaho Code; and, 38 (b) professional and occupational licensing boards: Idaho state board of 39 certified public accountancy, as provided by chapter 2, title 54, Idaho 40 Code; board of architectural examiners, as provided by chapter 3, title 41 54, Idaho Code; office of the state athletic director, as provided by 42 chapter 4, title 54, Idaho Code; board of barber examiners, as provided by 43 chapter 5, title 54, Idaho Code; board of commissioners of the Idaho state 44 bar, as provided by chapter 4, title 3, Idaho Code; board of chiropractic 45 physicians, as provided by chapter 7, title 54, Idaho Code; Idaho board of 46 cosmetology, as provided by chapter 8, title 54, Idaho Code; Idaho coun- 47 selor licensing board, as provided by chapter 34, title 54, Idaho Code; 48 state board of dentistry, as provided by chapter 9, title 54, Idaho Code; 49 state board of denturitry, as provided by chapter 33, title 54, Idaho 50 Code; state board of engineering examiners, as provided by chapter 12, 10 1 title 54, Idaho Code; board of environmental health specialists examiners, 2 as provided by chapter 24, title 54, Idaho Code; state board for registra- 3 tion of professional geologists, as provided by chapter 28, title 54, 4 Idaho Code; board of hearing aid dealers and fitters, as provided by chap- 5 ter 29, title 54, Idaho Code; Idaho state board of landscape architects, 6 as provided by chapter 30, title 54, Idaho Code; state board of medicine, 7 as provided by chapter 18, title 54, Idaho Code, and its associated physi- 8 cal therapist advisory board, as provided by chapter 22, title 54, Idaho 9 Code; state board of morticians, as provided by chapter 11, title 54, 10 Idaho Code; board of nurses, as provided by chapter 14, title 54, Idaho 11 Code; board of examiners of nursing home administrators, as provided by 12 chapter 16, title 54, Idaho Code; state board of optometry, as provided by 13 chapter 15, title 54, Idaho Code; Idaho outfitters and guides board, as 14 provided by chapter 21, title 36, Idaho Code; board of pharmacy, as pro- 15 vided by chapter 17, title 54, Idaho Code; state board of podiatry, as 16 provided by chapter 6, title 54, Idaho Code; Idaho state board of psychol- 17 ogist examiners, as provided by chapter 23, title 54, Idaho Code; public 18 works contractors licensing board, as provided by chapter 19, title 54, 19 Idaho Code; Idaho real estate commission, as provided by chapter 20, title 20 54, Idaho Code; real estate appraiser board, as provided by chapter 41, 21 title 54, Idaho Code; board of social work examiners, as provided by chap- 22 ter 32, title 54, Idaho Code; the board of veterinary medicine, as pro- 23 vided by chapter 21, title 54, Idaho Code;andthe board of 24 examiners of residential care facility administrators, as provided by 25 chapter 42, title 54, Idaho Code ; and the Idaho private investigator 26 hearing and licensure board, as provided by chapter 40, title 54, Idaho 27 Code . 28 (c) the board of examiners, pursuant to section 67-2001, Idaho Code. 29 (d) the division of building safety, to be headed by a division adminis- 30 trator and comprised of four (4) bureaus: plumbing, electrical, buildings, 31 and logging and industrial safety. The division administrator and bureau 32 chiefs shall be nonclassified employees exempt from the provisions of 33 chapter 53, title 67, Idaho Code. The administrator of the division shall 34 administer the provisions of chapter 40, title 39, Idaho Code, relating to 35 manufactured homes and recreational vehicles; chapter 41, title 39, Idaho 36 Code, relating to modular buildings; chapter 21, title 44, Idaho Code, 37 relating to manufactured home dealer and broker licensing; chapter 10, 38 title 54, Idaho Code, relating to electrical contractors and journeymen; 39 chapter 26, title 54, Idaho Code, relating to plumbing and plumbers; and 40 shall perform such additional duties as are imposed upon him by law. The 41 division administrator shall cooperate with the industrial commission and 42 aid and assist the commission in its administration of sections 72-720, 43 72-721 and 72-723, Idaho Code, and at the request of the commission shall 44 make inspection of appliances, tools, equipment, machinery, practices or 45 conditions, and make a written report to the commission. The administrator 46 shall make recommendations to the commission to aid the commission in its 47 administration of sections 72-720, 72-721 and 72-723, Idaho Code, provided 48 however, that nothing herein shall be construed as transferring to the 49 administrator any of the authority or powers now vested in the industrial 50 commission. 51 (3) The bureau of occupational licenses is hereby created within the 52 department of self-governing agencies.
STATEMENT OF PURPOSE
RS08014C1
This bill creates a licensing process, and board for
private investigators, and establishes a regulatory
format for the profession.
FISCAL NOTE
Fees charge will cover the cost
incurred.
CONTACT: Representative Mark Stubbs, 332-1000
Senator Sheila Sorenson 332-1000
Senator Bruce Sweeney 332-1000
Neal Custer, President, Id. Private Investigators
Assn.
377-5877
H 770