Revision: Jan. 6, 2016, midnight
\t \t\tSB 467-FN - AS INTRODUCED
2016 SESSION
\t16-2811
\t10/09
SENATE BILL\t467-FN
AN ACT\trelative to private investigators, security guards, and bail enforcement agents, and relative to unsworn falsification on agency forms.
SPONSORS:\tSen. Boutin, Dist 16; Sen. Stiles, Dist 24; Sen. Watters, Dist 4; Rep. Byron, Hills. 20; Rep. Fields, Belk. 4; Rep. Goley, Hills. 8; Rep. D. Sullivan, Hills. 42
COMMITTEE:\tJudiciary
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ANALYSIS
\tThis bill makes various changes to the licensing and regulation of private investigators, security guard services, and bail agents and bail recovery agents by the commissioner of safety.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2811
\t10/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to private investigators, security guards, and bail enforcement agents, and relative to unsworn falsification on agency forms.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Chapter Heading. Amend the chapter heading of RSA 106-F to read as follows:
CHAPTER 106-F
PRIVATE INVESTIGATIVE AGENCIES, BAIL [ENFORCEMENT AGENCIES] AGENTS, BAIL RECOVERY AGENTS, AND SECURITY SERVICES
\t2 Purpose; Bail Agents and Bail Recovery Agents Added. Amend RSA 106-F:1, I to read as follows:
\t\tI. Provide reasonable supervision of private investigative agencies and their employees, security guard services and their employees, and individuals licensed as private investigators [and], security guards, bail agents, and bail recovery agents doing business in this state.
\t3 Advisory Board; Membership. Amend RSA 106-F:3-a to read as follows:
\t106-F:3-a Advisory Board.
\t\tI. There is hereby established an advisory board to review complaints and licensing issues relative to private investigative agencies, bail agent and bail recovery agent services, and security guards and security services. Each appointed member 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. Appointed 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.
\t\tII. The board shall consist of:
\t\t\t(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.
\t\t\t(b) Two members of the general public who are not and have never been licensed in New Hampshire or another jurisdiction as investigators, private security guards, bail agents, or bail recovery 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, private security services, bail agent or bail recovery services, or an activity directly related to private investigation, private security services, or bail agent or bail recovery services, including representation of the board or profession for a fee at any time during the 5 years preceding their appointments.
\t\t\t(c) One member of the law enforcement community.
\t\t\t(d) One member licensed in New Hampshire as a private security guard, bail agent, or bail recovery agent and who has been so licensed for the last 3 years.
\t\t\t(e) The commissioner of the department of safety, or designee.
\t\tIII. The board shall elect a chairperson from its members. [The board shall hold its first meeting no later than 90 days after the effective date of this section.]
\t4 Definitions. Amend RSA 106-F:4, III is repealed and reenacted to read as follows:
\t\tIII. "Bail agent'' and "bail recovery agent" shall have the same meaning as those terms are defined in RSA 597:7-b.
\t5 License Required. Amend RSA 106-F:5, I and II to read as follows:
\t\tI. No person shall engage in the business of a private investigative agency, security guard agency, or bail [enforcement] agency or bail recovery agency without obtaining a private investigative, security guard, or bail [enforcement] agency or bail recovery agency license from the commissioner of safety and no person shall engage in the business of [a] private investigative service, security guard service or bail [enforcement] agent or bail recovery service without obtaining a [security guard service or bail enforcement service] license from the commissioner of safety.
\t\tII. No person shall become an employee of a private investigative agency, a security guard agency, or a bail [enforcement] agency or bail recovery agency without first obtaining a license to do so from the commissioner of safety.
\t6 Application For License. Amend RSA 106-F:6, V through the introductory paragraph of RSA 106-F:6, VII to read as follows:
\t\tV. In the case of an applicant for an armed security guard or armed private investigator or bail [enforcement] agent or bail recovery agent license, 2 sets of the applicant's fingerprints taken at state police headquarters.
\t\tVI. Two photographs of the applicant taken at state police headquarters to be used for a photo license card issued by the commissioner of safety identifying the private investigator, bail [enforcement] agent or bail recovery agent, or security guard and by whom he or she is employed.
\t\tVII. In addition to the requirements of paragraphs I-VI, applicants for private investigator or bail [enforcement] agent or bail recovery agent licenses shall meet the following qualifications:
\t7 Issuance of License. Amend RSA 106-F:7, I to read as follows:
\t\tI. Following review of the application and the applicant's references, and investigation into the character, competency, and integrity of the applicant, the commissioner shall as soon as practicable issue a license or renewal license in the form prescribed by the commissioner to the applicant, or notify the applicant of denial of the application. Notification of licensure or the denial of a license shall be forwarded to local law enforcement in the community in which the licensee resides. Prior to approval of any armed private investigator, bail [enforcement] agent or bail recovery agent, or security license issued under this chapter, the applicant shall submit to a fingerprint examination conducted by the Federal Bureau of Investigation, and the department of safety shall be authorized to use the records of the Federal Bureau of Investigation in the screening of applicants. The applicant shall be responsible for the cost of any background investigation or criminal records check required under this section.
\t8 License Fees. Amend RSA 106-F:8, I to read as follows:
\t\tI. The fee for a private investigative agency license, a bail agent service or bail recovery service license, or a security guard service 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.
\t9 Licensee Proficiency. Amend RSA 106-F:8-a to read as follows:
\t106-F:8-a [Firearm] Licensee Proficiency.
\t\tI. All armed security guards, armed private investigators, and armed bail [enforcement] recovery agents shall meet minimum requirements in the proficiency in the use of firearms upon initial licensure and at least once per year. The requirements shall be as follows:
\t\t\t(a) The practical police course or the tactical revolver or pistol course, as appropriate for the weapon being carried, with a minimum qualification score of 75 percent.
\t\t\t(b) Shotgun familiarization course required for all security officers and bail [enforcement] recovery agents whose employers issue, or have as part of their equipment, shotguns, and a rifle qualification course if a rifle is part of their equipment.
\t\t\t(c) 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.
\t\tII. Individuals shall be considered for qualification if they successfully complete one of the following courses:
\t\t\t(a) Police standards and training council firearms instructor school; or
\t\t\t(b) [F.B.I. firearms instructor school;
\t\t\t(c) Smith & Wesson or Sig Sauer firearms instructor school;
\t\t\t(d) National Rifle Association police firearms instructor course;
\t\t\t(e)] Equivalent courses as determined by the commissioner of safety on an individual basis.
\t\tIII. The commissioner of safety may adopt, pursuant to RSA 541-A, certain initial and continuing education requirements for licensed security guards, private investigators, and bail recovery agents, including but not limited to the statutory and case laws on the use of force, the laws of arrest by non-law enforcement personnel, and other issues relative to their respective occupations after consultation with the advisory board, and may certify individuals or entities including professional associations and employees of agencies deemed qualified to provide such training or education to licensees.
\t10 Employees. Amend RSA 106-F:11, I to read as follows:
\t\tI. A person licensed under this chapter may employ agents, investigators, or guards as such licensee deems necessary. The licensee shall be responsible for the conduct of any such employees who shall be covered under the licensee's surety bond.
\t11 Penalty. Amend RSA 106-F:16 to read as follows:
\t106-F:16 Penalty. Any person who engages in business as a private investigative agency, bail [enforcement] agency or bail recovery agency, or security guard service without first having obtained a license therefor or who violates any other provisions of this chapter shall be guilty of a misdemeanor for a natural person and a felony for any other person.
\t12 Bail Agents and Bail Recovery Agents. Amend RSA 597:7-b to read as follows:
\t597:7-b Bail Agents and Recovery Agents; [Certification and Registration] Licensure; Notification to Local Law Enforcement Required.
\t\tI. In this section:
\t\t\t(a) "Bail agent'' means any person appointed by an insurer by power of attorney to execute or countersign bail bonds for the insurer in connection with judicial proceedings and who receives a premium.
\t\t\t(b) "Bail recovery agent'' means a person who meets the requirements of paragraph II of this section and who is offered or given any compensation by a bail agent or surety in exchange for assisting the bail agent or surety in apprehending or surrendering any defendant, or keeping the defendant under necessary surveillance.
\t\tII. Any person who operates as a bail recovery agent in this state, excluding licensed private detectives, shall be trained and certified through a program approved by the Professional Bail Agents of the United States or other training program approved by the commissioner of safety and shall [register] be licensed annually with the [secretary of state] department of safety under RSA 106-F. Licensees shall also meet proficiency requirements under RSA 106-F:8-a. The [secretary of state] department of safety shall issue to each [registered] licensed bail agent or bail 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] department of safety proof of liability insurance coverage in the amount of $300,000 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] licensed or relicensed. Bail agents and bail recovery agents acting as independent contractors shall provide proof of liability insurance coverage in the amount of $300,000 to the [secretary of state] department of safety before [registration or reregistration] licensure or relicensure. Any person who operates as a bail agent or bail recovery agent in this state without meeting [such certification,] the appropriate licensing and insurance[, and registration] requirements shall be guilty of a class A misdemeanor for the first offense and a class B misdemeanor for a second offense within a 7-year period.
\t\tIII. A bail agent or bail recovery agent searching for a person who has violated conditions of release shall notify a municipality's chief law enforcement officer if the search is to be conducted in the municipality's jurisdiction. A bail agent or recovery agent who violates the provisions of this paragraph shall be guilty of a class A misdemeanor
\t13 Commissioner of Safety; Rulemaking. Amend RSA 21-P:14, II(d) to read as follows:
\t\t\t(d) Licensing [detective] private investigative agencies [and], security guard services, and bail agents and bail enforcement agents, as authorized by RSA 106-F:3.
\t14 Unsworn Falsification; Forms. Amend RSA 641:3 to read as follows:
\t641:3 Unsworn Falsification.
\t\tI. A person is guilty of a misdemeanor if:
\t\t[I.] (a) He or she makes a written or electronic false statement which he or she does not believe to be true, on or pursuant to a form bearing a notification authorized by law to the effect that false statements made therein are punishable; or
\t\t[II.] (b) With a purpose to deceive a public servant in the performance of his or her official function, he or she:
\t\t\t[(a)] (1) Makes any written or electronic false statement which he or she does not believe to be true; or
\t\t\t[ (b)] (2) Knowingly creates a false impression in a written application for any pecuniary or other benefit by omitting information necessary to prevent statements therein from being misleading; or
\t\t\t[(c)] (3) Submits or invites reliance on any writing which he or she knows to be lacking in authenticity; or
\t\t\t[(d)] (4) Submits or invites reliance on any sample, specimen, map, boundary mark, or other object which he or she knows to be false.
\t\t[III.] II. No person shall be guilty under this section if he or she retracts the falsification before it becomes manifest that the falsification was or would be exposed.
\t\tIII. A form adopted by a state agency pursuant to RSA 541-A, containing a notification that false statements made therein are punishable under this section shall be considered authorized by law.
\t\tI. Section 14 of this act shall take effect 60 days after its passage.
\t\tII. The remainder of this act shall take effect January 1, 2017.
\t\t\t\t\t\t\t\t\t\t\t16-2811
\t\t\t\t\t\t\t\t\t\t\t12/16/15
SB 467-FN- FISCAL NOTE
AN ACT\trelative to private investigators, security guards, and bail recovery agents, and relative to unsworn falsification on agency forms.
FISCAL IMPACT:
The Legislative Budget Assistant has determined that this legislation, as introduced, has a total fiscal impact of less than $10,000 in each of the fiscal years 2016 through 2020.