45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO LICENSING; CHANGING PROVISIONS IN THE PRIVATE INVESTIGATORS AND POLYGRAPHERS ACT TO EXEMPT PRIVATE SECTOR CORRECTIONS OFFICERS AND TO PROVIDE RECIPROCITY IN LICENSING PRIVATE INVESTIGATORS AND PRIVATE INVESTIGATOR MANAGERS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 61-27A-4 NMSA 1978 (being Laws 1993, Chapter 212, Section 4) is amended to read:

"61-27A-4. PERSONS EXEMPTED.--The Private Investigators and Polygraphers Act does not apply to:

A. attorneys;

B. a person employed exclusively and regularly by one employer in connection with the affairs of such employer only where there exists an employer-employee relationship;

C. an officer or employee of the United States or this state or a political subdivision of the United States or this state while that officer or employee is engaged in the performance of his official duties;

D. a person engaged exclusively in the business of obtaining and furnishing information concerning the financial rating of persons;

E. a charitable philanthropic society or association duly incorporated under the laws of this state that is organized and maintained for the public good and not for private profit;

F. a licensed collection agency or an employee thereof while acting within the scope of his employment while making an investigation incidental to the business of the agency, including an investigation of the location of a debtor or his property;

G. admitted insurers, adjusters, agents and insurance brokers licensed by the state performing duties in connection with insurance transactions by them; [or]

H. any institution subject to the jurisdiction of the director of the financial institutions division of the department or the comptroller of currency of the United States; or

I. corrections officers employed by a nongovernmental employer."

Section 2. Section 61-27A-6 NMSA 1978 (being Laws 1993, Chapter 212, Section 6, as amended) is amended to read:

"61-27A-6. REQUIREMENTS FOR LICENSURE.--

A. The department shall issue a license for a private investigator to a person who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant:

(1) is at least eighteen years of age;

(2) is of good moral character;

(3) has passed a written examination as prescribed by the department;

(4) has at least three years' experience within the last five years in investigative work or a level of experience determined to be sufficient by the department; and

(5) has not been convicted of a felony offense or a criminal offense involving moral turpitude or the illegal use or possession of a deadly weapon.

B. The department shall issue a license for a private investigator manager to a person who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant:

(1) is at least eighteen years of age;

(2) has passed a written examination as prescribed by the department;

(3) has at least three years' experience within the last five years in investigative work or a level of experience determined to be sufficient by the department;

(4) is of good moral character; and

(5) has not been convicted of a felony offense or a criminal offense involving moral turpitude or the illegal use or possession of a deadly weapon.

C. The department may issue a license as a private investigator or a private investigator manager to an applicant who is licensed as a private investigator or a private investigator manager, or the equivalent of the position, under the laws of another state or territory that has requirements not less stringent than those in New Mexico.

[C.] D. The department shall issue a license for a private patrol operator to a person who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant:

(1) is at least eighteen years of age;

(2) is of good moral character;

(3) has passed a written examination as prescribed by the department;

(4) has at least three years' experience within the last five years in security work or a level of experience determined to be sufficient by the department; and

(5) has not been convicted of a felony offense or a criminal offense involving moral turpitude or the illegal use or possession of a deadly weapon.

[D.] E. The department shall issue a license for a private patrol operator manager to a person who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant:

(1) is at least eighteen years of age;

(2) has passed a written examination as prescribed by the department;

(3) has at least three years' experience within the last five years in security work or a level of experience determined to be sufficient by the department;

(4) is of good moral character; and

(5) has not been convicted of a felony offense or a criminal offense involving moral turpitude or the illegal use or possession of a deadly weapon.

[E.] F. A manager's license is required when the owner of a private investigator or private patrol operator business does not qualify for a license under the Private Investigators and Polygraphers Act.

[F.] G. The department shall issue a security guard pocket card to a person who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant:

(1) is at least eighteen years of age; and

(2) is of good moral character.

[G.] H. The department shall issue a license for polygrapher to a person who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant:

(1) is at least eighteen years of age;

(2) possesses a high school diploma or its equivalent;

(3) has not been convicted of a felony or misdemeanor involving moral turpitude; and

(4) has graduated from a polygraph examiners course approved by the department and:

(a) has completed a probationary operational competency period and passed an examination of ability to practice polygraphy; or

(b) has submitted proof of holding, for a minimum of two years immediately prior to the date of application, a current license to practice polygraphy in another jurisdiction whose standards equal or surpass those of New Mexico."