SB 559: Private Investigator Act: license: limited liability company.

Existing law, the Private Investigator Act, provides for the licensure and regulation of private investigators by the Bureau of Security and Investigative Services.

(1)Existing law, until January 1, 2018, authorizes the bureau to issue a private investigator license to a limited liability company.

Existing law, the California Revised Uniform Limited Liability Company Act, authorizes a limited liability company to have any lawful purpose, except as specified, and authorizes a domestic or foreign limited liability company to render services that may be lawfully rendered only pursuant to a license, certificate, or registration authorized by the Business and Professions Code if the provisions of that code authorize a limited liability company or foreign limited liability company to hold that license, certificate, or registration. As a condition for licensure, existing law requires a limited liability company to maintain a policy or policies of insurance against liability imposed on or against it by law for damages arising out of claims based upon acts, errors, or omissions arising out of the private investigator services it provides. Under existing law, if the applicant for a license is a limited liability company, the application is required to include specified information pertaining to each managing member and any other officer or member who will be active in the licensed business.

This bill, until January 1, 2021, would extend the authority for the bureau to issue a private investigator license to a limited liability company and make related conforming changes. The bill also would define terms. The bill, on and after July 1, 2018, and until January 1, 2021, would require a licensee organized as a limited liability company to report a paid or pending claim against its liability insurance to the bureau and would require the bureau to post a notice of the claim on a specified license verification Internet Web page. The bill, beginning July 1, 2018, would require an applicant for an initial license or a licensee applying for reassignment of the license to notify the bureau on the application for licensure or reassignment if the applicant or licensee is a limited liability company and would require the bureau to include this information on a specified license verification Internet Web page.

(2)Existing law requires an applicant, or his or her manager, for a license as a private investigator to have had at least 3 years experience in investigation work. Under existing law, a years experience is required to consist of not less than 2,000 hours of actual compensated work performed by each applicant preceding the filing of an application. Under existing law, an applicant who holds a law degree or who has completed a four-year course in police science, criminal justice, criminal law, or the equivalent is required to have had 2 years experience in investigation work.

This bill would revise and recast these provisions by requiring an applicant with a law degree or bachelors degree in police science, criminal justice, criminal law, or the equivalent to be credited with 2,000 hours of experience in investigation work. The bill would require an applicant with an associate degree in police science, criminal justice, criminal law, or the equivalent to be credited with 1,000 hours of experience in investigation work. The bill would prohibit the total amount of time credited to an applicant for these degrees from exceeding 2,000 hours of experience in investigation work.

(3)This bill would make various other conforming changes.