H-0619

AN ACT Relating to private detective agencies and private detectives; adding a new section to chapter 43.101 RCW; adding a new chapter to Title 18 RCW; prescribing penalties; making appropriations; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Armed private detective" means a private detective who has a current firearms certificate issued under section 20 of this act and is licensed as an armed private detective under this chapter.

(2) "Chief law enforcement executive" means the elected or appointed police administrator of a municipal, county, or state police or sheriff's department that has full law enforcement powers in its jurisdiction.

(3) "Department" means the department of licensing.

(4) "Director" means the director of the department of licensing.

(5) "Firearms certificate" means a certificate issued by the criminal justice training commission under section 20 of this act.

(6) "Forensic scientist" or "accident reconstructionist" means a person engaged exclusively in collecting and analyzing physical evidence and data relating to an accident or other matter and compiling such evidence or data to render an opinion of likely cause, fault, or circumstance of the accident or matter.

(7) "Principal" of a private detective agency means the owner or manager appointed by a corporation.

(8) "Private detective" means a person who is licensed under this chapter and is employed by a private detective agency for the purpose of investigation, escort or body guard services, or property loss prevention activities.

(9) "Private detective agency" means a person or entity licensed under this chapter and engaged in the business of detecting, discovering, or revealing one or more of the following:

(a) Crime, criminals, or related information;

(b) The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of any person, firm, corporation, or thing;

(d) The cause or responsibility for fires, libels, losses, accidents, or damage or injury to persons or to property;

(e) Evidence to be used before a court, board, officer, or investigative committee;

(f) Detecting the presence of electronic eavesdropping devices; or

(g) The truth or falsity of a statement or representation.

(10) "Qualifying agent" means an officer or manager of a corporation who meets the requirements set forth in this chapter for obtaining a private detective agency license.

(11) "Sworn peace officer" means a person who is an employee of the federal government, the state, or a political subdivision, agency, or department branch of a municipality or other unit of local government, and has law enforcement powers.

NEW SECTION. Sec. 2. The requirements of this chapter do not apply to:

(1) A person who is employed exclusively or regularly by one employer and performs investigations solely in connection with the affairs of that employer;

(2) An officer or employee of the United States or of this state or a political subdivision thereof, while engaged in the performance of the officer's official duties;

(3) A person engaged exclusively in the business of obtaining and furnishing information about the financial rating of persons;

(4) An attorney at law while performing the attorney's duties as an attorney;

(5) A licensed collection agency or its employee, while acting within the scope of that person's employment and making an investigation incidental to the business of the agency;

(6) Insurers, agents, and insurance brokers licensed by the state, while performing duties in connection with insurance transacted by them;

(7) A bank subject to the jurisdiction of the Washington state banking commission or the comptroller of currency of the United States, or a savings and loan association subject to the jurisdiction of this state or the federal home loan bank board;

(8) A licensed insurance adjuster performing the adjuster's duties within the scope of the adjuster's license;

(9) A secured creditor engaged in the repossession of the creditor's collateral, or a lessor engaged in the repossession of leased property in which it claims an interest;

(10) A person who is a forensic scientist, accident reconstructionist, or other person who performs similar functions and does not hold himself or herself out to be an investigator in any other capacity; or

(11) A person solely engaged in the business of securing information about persons or property from public records.

NEW SECTION. Sec. 3. (1) A person is guilty of a misdemeanor if he or she performs the functions and duties of a private detective in this state without first obtaining a private detective's license.

(2) A person is guilty of a misdemeanor if he or she falsely represents himself or herself as being employed by, or as being, a licensee under this chapter.

(3) After June 30, 1992, a person is guilty of a misdemeanor if he or she performs the functions and duties of an armed private detective in this state unless the person has a current firearms certificate issued under section 20 of this act and an armed private detective license issued by the director.

NEW SECTION. Sec. 4. (1) An applicant must meet the following requirements to obtain a private detective license:

(a) Be at least eighteen years of age;

(b) Be a citizen or resident alien of the United States;

(c) Not have been convicted of a felony in the last ten years in any jurisdiction, if the director determines that the particular felony directly relates to the duties of a private detective;

(d) Be employed by or have an employment offer from a private detective agency;

(e) Submit a set of fingerprints; and

(f) Pay the required fee.

(2) In addition to meeting the requirements of subsection (1) of this section, an applicant, or, in the case of a partnership or limited partnership, each partner, or, in the case of a corporation, the qualifying agent must be at least twenty-one years of age and meet the following requirements to obtain a private detective agency license:

(a) Pass an examination determined by the director to measure the person's knowledge and competence in the private detective agency business; or

(b) Have had at least three years' experience in investigative work or its equivalent as determined by the director. A year's experience means not less than two thousand hours of actual compensated work performed before the filing of an application. An applicant shall substantiate the experience by written certifications from previous employers. If the applicant is unable to supply written certifications from previous employers, applicants may offer written certifications from persons other than employers who, based on personal knowledge, can substantiate the employment.

(3) An applicant must meet the following requirements to obtain an armed private detective license:

(a) Be licensed as a private detective under subsection (1) of this section;

(b) Have a current firearms certificate issued by the criminal justice training commission under section 20 of this act; and

NEW SECTION. Sec. 5. (1) Applications for licenses required under this chapter shall be filed with the director on a form provided by the director. The director may require any information and documentation that reasonably relates to the need to determine whether the applicant meets the criteria. License applications filed by corporations shall include the names of all officers and directors of the corporation.

(2) After receipt of an application for a license, the director shall conduct an investigation to determine whether the facts set forth in the application are true and shall request that the Washington state patrol compare the fingerprints submitted with the application to fingerprint records available to the Washington state patrol.

(3) A summary of the information acquired under this section, to the extent that it is public information, shall be forwarded by the department to the applicant's employer and to the chief law enforcement executive of the county and city or town in which the applicant's employer is located.

NEW SECTION. Sec. 6. The private detective license does not entitle a private detective to solicit, for himself or herself, business for the purpose of investigation. The private detective agency employing the private detective is responsible for the private detective's actions while actively employed by the agency.

NEW SECTION. Sec. 7. The director shall establish investigation, examination, license, renewal, and other fees as required to administer this chapter, in accordance with RCW 43.24.086.

NEW SECTION. Sec. 8. Except as provided in this chapter, a license issued pursuant to the provisions of this chapter may not be assigned or transferred.

NEW SECTION. Sec. 9. Unless directed by his or her employer or client or unless required by law, it is a misdemeanor for any person who is or has been an employee of a private detective agency to divulge any information that was acquired by the person during the employment and is not publicly available information.

NEW SECTION. Sec. 10. The following acts are prohibited and constitute grounds for disciplinary action or denial, suspension, or revocation of a license under this chapter, as deemed appropriate by the director:

(1) Knowingly making a material false statement relating to evidence or information obtained in the course of employment or knowingly publishing a slander or libel in the course of business;

(2) Using illegal means in the collection or attempted collection of a debt or obligation;

(3) Manufacturing evidence;

(4) Acceptance of employment that is adverse to a client or former client and relates to a matter about which a licensee has obtained confidential information by reason of or in the course of the licensee's employment by the client;

(5) Knowingly making a material misstatement in the application for a license or renewal;

(6) Conviction of a felony;

(7) Using false or misleading advertisements for the purpose of directly or indirectly soliciting business; or

(8) Allowing one's license to be used by an unlicensed person.

NEW SECTION. Sec. 11. Every advertisement by a licensee soliciting or advertising business shall contain his or her name, address, and license number as they appear in the records of the director. The director may adopt rules defining the term "advertisement" as used in this section.

NEW SECTION. Sec. 12. (1) The director shall adopt rules establishing preassignment training and testing requirements, continuing education requirements, and the procedure for obtaining and renewing private detective licenses, armed private detective licenses, and private detective agency licenses pursuant to chapter 34.05 RCW. The preassignment training requirements must consist of at least four hours of classes.

(2) The director shall consult with representatives of the private detective industry, public law enforcement, and other interested parties before adopting or amending the training requirements of this section.

(3) The director may adopt rules that are reasonable and necessary for the effective implementation and administration of this chapter.

NEW SECTION. Sec. 13. (1) A person licensed under this chapter who carries a firearm in the performance of his or her duties must possess a current firearms certificate issued under section 20 of this act and an armed private detective license.

(2) A person may not perform the functions of an armed private detective in this state unless he or she is employed by a licensed private detective agency and is licensed as an armed private detective by the director.

(3) It is unlawful for any person to hire, contract with, or otherwise engage the services of an armed private detective knowing that the detective does not have a current valid firearms certificate issued under section 20 of this act and an armed private detective license issued by the director.

NEW SECTION. Sec. 14. (1) An armed private detective license grants authority to the holder, while in the performance of his or her duties, to carry a standard police .38-caliber handgun or other firearm approved by the director and with which the holder has met the proficiency requirements established under section 20 of this act.

(2) All firearms carried by armed private detectives in the performance of their duties must be owned by the employer and, if required by law, must be registered with the proper government agency.

NEW SECTION. Sec. 15. (1) Except as provided by subsection (3) of this section, no private detective agency license may be issued under the provisions of this chapter unless the applicant files with the director a surety bond, executed by a surety company authorized to do business in this state, in the sum of ten thousand dollars conditioned to recover against the principal and its servants, officers, agents, and employees by reason of its wrongful or illegal acts in conducting business licensed under this chapter. The bond shall be made payable to the state of Washington, and anyone so injured by the principal or its servants, officers, agents, or employees shall have the right and shall be permitted to sue directly upon this obligation in his or her own name. This obligation shall be subject to successive suits for recovery until the face amount is completely exhausted.

(2) Every licensee must at all times maintain on file with the director the surety bond required by this section in full force and effect. Upon failure by a licensee to do so, the director shall suspend the licensee's license and shall not reinstate the license until this requirement is met.

(3) In lieu of posting bond, a licensed private detective agency may file with the director a certificate of insurance as evidence that it has comprehensive general liability coverage of at least twenty-five thousand dollars for bodily or personal injury and twenty-five thousand dollars for property damage.

NEW SECTION. Sec. 16. (1) The provisions of this chapter relating to the licensing and regulation of private detectives, armed private detectives, and private detective agencies are exclusive. No governmental subdivision of this state may enact any laws or rules licensing or regulating such persons, except as provided in subsections (2) and (3) of this section.

(2) This section shall not be construed to prevent a political subdivision of this state from levying a business and occupation tax upon private detective agencies if a business and occupation tax is levied by the state on other types of businesses within its boundaries.

(3) This section shall not be construed to prevent this state or a political subdivision of this state from licensing or regulating private detective agencies with respect to activities that are not regulated under this chapter.

NEW SECTION. Sec. 17. Private detectives whose duties require them to operate across state lines may operate in this state for up to thirty days per year, if they are properly registered and certified in another state with training and certification requirements that the director finds are at least equal to the requirements of this state.

NEW SECTION. Sec. 18. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provisions to other persons or circumstances is not affected.

NEW SECTION. Sec. 19. This act takes effect September 1, 1991. The director of licensing and the criminal justice training commission may immediately take such steps as are necessary to ensure that this act is implemented on its effective date.

NEW SECTION. Sec. 20. A new section is added to chapter 43.101 RCW to read as follows:

The commission shall establish a program for issuing firearms certificates. The commission shall adopt rules under chapter 34.05 RCW establishing the training requirements and procedure for obtaining and renewing firearms certificates and establishing fees for issuing and renewing certificates that cover the costs to the commission of administering the firearms certificate program.

(1) Firearms training must be provided by an organization or trainer approved by the commission and must consist of at least eight hours of classes and proficiency training.

(2) Applications for firearms certificates shall be filed with the commission on a form provided by the commission. The commission may require any information and documentation that reasonably relates to the need to determine whether the applicant qualifies for a firearms certificate.

(3) The commission shall consult with representatives of the private security industry, public law enforcement, and other interested parties before adopting or amending the training requirements of this section.

(4) The commission may adopt rules that are reasonable and necessary for the effective implementation and administration of this section.

NEW SECTION. Sec. 21. There is appropriated from the general fund to the department of licensing for the biennium ending June 30, 1993, the sum of ............. dollars, or as much thereof as may be necessary, to carry out the purposes of this act. The amount spent shall be repaid to the general fund from fees imposed as a result of this act prior to June 30, 1993.

NEW SECTION. Sec. 22. The sum of .......... dollars, or as much thereof as may be necessary, is appropriated from the general fund to the criminal justice training commission for the biennium ending June 30, 1993, to carry out the purposes of this act. The amount spent shall be repaid to the general fund from fees imposed as a result of this act prior to June 30, 1993.

NEW SECTION. Sec. 23. Sections 1 through 18 of this act shall constitute a new chapter in Title 18 RCW.