2005 Committee Substitute for HB1059JCS

HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR

HOUSE BILL 1059

47th legislature - STATE OF NEW MEXICO - first session, 2005

AN ACT

RELATING TO LICENSING; REVISING THE PRIVATE INVESTIGATORS AND POLYGRAPHERS ACT; PROVIDING PENALTIES; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978.

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

Section 1. Section 61-27A-2 NMSA 1978 (being Laws 1993, Chapter 212, Section 2, as amended) is amended to read:

"61-27A-2. DEFINITIONS.--As used in the Private Investigators and Polygraphers Act:

[A. "alarm company" means a company that installs burglar or security alarms in a facility and responds with guards when the alarm is sounded;

B.] A. "armored car company" means a company that knowingly and willingly transports money and other negotiables for a fee or other remuneration;

B. "board" means the private investigators, private patrol operators and polygraph examiners board;

C. "bodyguard" means [a person] an individual who physically performs the mission of personal security [of] for another individual;

D. "branch office" means an office of a private investigation company or private patrol operator company physically located in New Mexico and managed, controlled or directed by [a] the owner or by a private investigator manager or private patrol operator manager;

E. "client" means an individual or legal entity having a contract that authorizes services to be provided in return for financial or other consideration;

F. "conviction" means any final adjudication of guilty, whether pursuant to a plea of guilty or nolo contendere or otherwise and whether or not the sentence is deferred or suspended;

[G. "department" means the regulation and licensing department;]

G. "individual" means a single human being;

H. "legal business entity" means a sole proprietorship, corporation, partnership, limited liability company, limited liability partnership or entity formed for business purposes;

[H.] I. "licensee" means [a person] an individual licensed [as a:

(1) private investigator;

(2) private patrol operator; or

(3) polygraph examiner;

I. "manager" means an individual who:

(1) has the qualifications required of a licensee; and

(2) directs, controls or manages a private investigator or private patrol operator business for the owner of the business when the owner does not qualify for a license under the Private Investigators and Polygraphers Act;

J. "person" means any individual, firm, company, association, organization, partnership or corporation] pursuant to the Private Investigators and Polygraphers Act;

J. "polygraph examiner" means an individual licensed by the board to engage in the practice of polygraphy;

K. "polygraphy" means the employment of an instrument designed to graphically record simultaneously the physiological changes in human respiration, cardiovascular activity, galvanic skin resistance or reflex for the purpose of lie detection and includes the reading and interpretation of polygraphic records and results;

L. "private investigation company" means a legal business entity that provides private investigation services, the location of which may be within or outside of the state, provided that the private investigation services are performed within New Mexico;

[L.] M. "private investigator" means [a person who for any consideration whatsoever engages in business or accepts employment to conduct an investigation for the purpose of obtaining information with reference to] an individual who is licensed to engage in business or who accepts employment to conduct an investigation to obtain information regarding:

(1) crime or wrongs done or threatened against the United States or [any] a state or territory of the United States;

(2) [the identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliation, association, transactions, acts, reputation or character of] any person;

(3) the location, disposition or recovery of lost or stolen property;

(4) the cause or responsibility for fires, losses, accidents or damage or injury to persons or properties; or

(5) the securing of evidence to be used before any court, board [officer] or investigating committee or for a law enforcement officer;

[M. "private investigator employee" means an individual who is working under the license and bond of a private investigator;]

N. "private investigator employee" means an individual who is registered to work under the direct control and supervision of a licensed private investigator;

O. "private investigator manager" means an individual who:

(1) is licensed as a private investigator and is issued a license as a private investigator manager by the board;

(2) directs, controls or manages a private investigation company for the owner of the company; and

(3) is assigned to and operates from the private investigation company or branch office location of which he is licensed to manage;

[N.] P. "private patrol operator" [or "operator of a private patrol service"] means [a person who for any consideration whatsoever agrees] an individual who is licensed to:

(1) [furnish or furnishes a] conduct uniformed or nonuniformed services that include watchman, security guard or patrolman [or other person] to protect property and any persons on or in the property;

(2) prevent the theft, unlawful taking, loss, embezzlement, misappropriation or concealment of any goods, wares, merchandise, money, bonds, stocks, notes, documents, papers or property of any kind; or

(3) perform the service of a security guard, armored car company or security dog [company] trainer; a "private patrol operator" may not make [any investigation] investigations except those that are incidental to the theft, loss, embezzlement, misappropriation or concealment of [any] property or [any] other item enumerated in the Private Investigators and Polygraphers Act that [he] the operator has been hired or engaged to protect, guard or watch;

[O. "security dog company" means a company that uses trained dogs with handlers to perform a security mission at a location; and]

Q. "private patrol operator company" means a legal business entity that provides private patrol operator services, including an independent or proprietary commercial organization whose activities include employment of licensed private patrol operators or security guards, the location of which may be within or outside of the state, provided that the private patrol operator services are performed within New Mexico;

R. "private patrol operator manager" means an individual who:

(1) is licensed as a private patrol operator or registered as a level three security guard and is issued a license as a private patrol operator manager by the board;

(2) directs, controls or manages a private patrol operator company for the owner of the company; and

(3) is assigned to and operates from the private patrol operator company or branch office location that he is licensed to manage;

S. "proprietary commercial organization" means an organization or department of an organization that provides full- or part-time security guard services solely for itself;

T. "registrant" means an individual registered as a private investigator employee or a security guard at any level;

U. "security dog trainer" means an individual who trains dogs to detect illegal substances;

[P.] V. "security guard" means [any] an individual who is [an employee of a private patrol operator and employed] registered to engage in uniformed or nonuniformed services under the direct control and supervision of a licensed private patrol operator or a manager who is a private patrol operator

to perform [such] security missions such as watchman, fixed post guard, dog handler, patrolman or other person to protect property or prevent thefts. "Security guard" includes loss prevention officers. The three levels of registration for security guard positions are as follows:

(1) level one - entry level, unarmed;

(2) level two - intermediate, armed but not with a firearm; and

(3) level three - advanced level position, may be armed with a firearm; and

W. "special event" means a parade or other short duration event."

Section 2. Section 61-27A-3 NMSA 1978 (being Laws 1993, Chapter 212, Section 3) is amended to read:

"61-27A-3. LICENSE REQUIRED.--It is unlawful for [any person] an individual to:

A. act as a private investigator, [a] private patrol operator, security guard, private investigator employee, private investigator manager or [a] private patrol operator manager or to represent himself to be a licensee or a [manager] registrant unless [he] the individual is licensed [under] or registered pursuant to the Private Investigators and Polygraphers Act;

B. render physical protection for remuneration as a bodyguard unless [he] the individual is licensed as a private investigator or a private patrol operator;

C. continue to act as a private investigator, private patrol operator, security guard, private investigator employee, private investigator manager or private patrol operator manager if [his] the individual's license or registration issued pursuant to [that] the Private Investigators and Polygraphers Act has expired;

D. falsely represent that [he] the individual is employed by a licensee; or

E. practice polygraphy for any remuneration without a license issued by the [department] board in accordance with the Private Investigators and Polygraphers Act."

Section 3. 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;]

A. an attorney licensed in New Mexico conducting private investigations while engaged in the practice of law;

[C.] B. 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.] C. a person engaged exclusively in the business of obtaining and furnishing information concerning the financial rating of persons;

[E.] D. 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.] E. a licensed collection agency or an employee [thereof] of the agency 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.] F. admitted insurers, adjusters, agents and insurance brokers licensed by the state performing duties in connection with insurance transactions by them; or

[H. any] G. an institution subject to the jurisdiction of the director of the financial institutions division of the regulation and licensing department or the comptroller of currency of the United States."

Section 4. Section 61-27A-5 NMSA 1978 (being Laws 1993, Chapter 212, Section 5) is amended to read:

"61-27A-5. BOARD CREATED--ADMINISTRATION OF ACT--RULES [AND REGULATIONS].--

A. The "private investigators, private patrol operators and polygraph examiners board" is created.

[A.] B. The [department] board shall enforce and administer the provisions of the Private Investigators and Polygraphers Act.

[B. The department shall appoint an advisory board to assist in the conduct of the examination process for licensure and in any other manner to aid in the administration of that act. The advisory board shall consist of two licensed private investigators, one licensed private patrol operator, one licensed polygraph examiner and one member of the public. Members of the board shall be reimbursed as provided in the Per Diem and Mileage Act.

C. The department shall keep a record of each licensee and each employee of a private investigator or private patrol operator.]

C. The board is administratively attached to the regulation and licensing department.

D. The board shall consist of five members appointed by the governor who shall serve five-year terms; provided that at the time of initial appointment, the governor shall appoint two members to abbreviated terms to allow for staggering of terms of subsequent appointees. The governor shall fill vacancies by appointment to complete the unexpired term created by the vacancy. The governor shall appoint the following members to the board:

(1) two licensed private investigators;

(2) one licensed private patrol operator;

(3) one licensed polygraph examiner; and

(4) one member of the public.

E. The public member or the public member's spouse shall not have been licensed pursuant to the Private Investigators and Polygraphers Act, or similar prior legislation, or have a financial interest, direct or indirect, in a private investigation company, private patrol operator company, polygraph examiner business or a related business.

F. Members of the board shall be reimbursed pursuant to the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance for each day spent in the discharge of their duties.

G. The board shall keep a record of each individual licensee and registrant, including the private investigation company or private patrol operator company where each individual licensee or registrant is employed. The board shall keep a record of each private investigation company or private patrol operator company licensed by the board, including a record of the owners, officers and directors of each company.

[D.] H. The [department] board shall adopt and enforce rules [and regulations] necessary to carry out the provisions of the Private Investigators and Polygraphers Act, including [requirements for continuing education] establishing professional ethical standards.

I. The board shall adopt rules regarding the following:

(1) licensing and registering private investigators, private investigator employees, private investigator managers, private investigation companies, private patrol operators, security guards, private patrol operator managers, private patrol operator companies and polygraph examiners;

(2) establishing minimum training and educational standards for licensure and registration;

(3) continuing education requirements;

(4) establishing and operating a branch office;

(5) creating a policy on reciprocity with other states and territories of the United States;

(6) providing permits for security guards for special events; and

(7) conducting criminal history background checks."

Section 5. Section 61-27A-6 NMSA 1978 (being Laws 1993, Chapter 212, Section 6, as amended) is amended to read:

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

A. The [department] board shall issue a license for a private investigator to [a person] an individual who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant has met all requirements set forth by the board in rule, including that the applicant:

(1) is at least [eighteen] twenty-one 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]

(3) has successfully passed an examination as required by board rule;

[(5)] (4) has not been convicted of a felony offense or [a] other 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 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. 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. 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. 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. 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] and has not been found to have violated professional ethical standards; and

(5) has at least three years' experience that has been acquired within the five years preceding the filing of the application with the board, consisting of not less than six thousand hours of actual work performed in:

(a) investigation for the purpose of obtaining information with reference to a crime or wrongs done or threatened against the United States;

(b) investigation of persons;

(d) the cause or responsibility for fire, losses, accidents or damage or injury to persons or property; or

(e) securing evidence to be used before a court, board or investigating committee or for a law enforcement officer.

B. Years and hours of qualifying experience and the precise nature of that experience shall be substantiated by written certification from employers and shall be subject to independent verification by the board as it determines is warranted. The burden of proving the necessary experience is on the applicant."

Section 6. A new section of the Private Investigators and Polygraphers Act, Section 61-27A-6.1 NMSA 1978, is enacted to read:

"61-27A-6.1. [NEW MATERIAL] PRIVATE INVESTIGATION COMPANY--REQUIREMENTS FOR LICENSURE.--The board shall issue a license for a private investigation company to a person who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant:

A. if an individual, is of good moral character, or if the applicant is a legal business entity, the owners, officers or directors are of good moral character;

B. if an individual, has not been convicted of a felony offense or other criminal offense and has not been found to have violated professional ethical standards, or if a legal business entity, the owners, officers or directors have not been convicted of felony offenses or other criminal offenses and have not been found to have violated professional ethical standards;

C. maintains general liability insurance as specified in the Private Investigators and Polygraphers Act;

D. has an owner or a licensed private investigator manager who is licensed as a private investigator and who manages the daily operations of the private investigation company;

E. maintains a physical location in New Mexico where records are maintained and made available for inspection by the board or one of its designees;

F. maintains a New Mexico registered agent, if the private investigation company is located outside of New Mexico; and

G. meets all other requirements set forth in the rules of the board."

Section 7. A new section of the Private Investigators and Polygraphers Act, Section 61-27A-6.2 NMSA 1978, is enacted to read:

"61-27A-6.2. [NEW MATERIAL] PRIVATE INVESTIGATOR MANAGER--REQUIREMENTS FOR LICENSURE--NOTIFICATION OF BOARD IN EVENT OF TERMINATION OF EMPLOYMENT.--

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

(1) possesses a current license in good standing as a private investigator;

(2) has successfully passed an examination required by board rule;

(3) is employed by the private investigation company that he will be managing and remains employed by the private investigation company under which authority the license of the private investigator manager is issued. Termination of employment with the private investigation company terminates the license of the private investigator manager; and

(4) meets other requirements set forth in rules of the board.

B. A private investigator manager who ceases to be employed by the private investigation company he is licensed to manage shall surrender his license to the owner, officer or director who will temporarily take over management of the company before the manager leaves the company. The owner, officer or director shall notify and submit the license to the board within thirty days of the termination of employment of the private investigator manager. If the private investigation company fails to notify the board within thirty days of the termination of the private investigator manager's termination from employment, the license of the private investigation company shall be subject to suspension or revocation and may only be reinstated upon the filing of an application for reinstatement and payment of the reinstatement fee.

C. The owner, officer or director of a private investigation company shall submit an application to the board naming a new private investigator manager within thirty days from the date that a manager ceases to be employed by the private investigation company. The newly named private investigator manager shall not start performing the duties of a manager until and unless the board grants the individual a license as a private investigation manager."

Section 8. A new section of the Private Investigators and Polygraphers Act, Section 61-27A-6.3 NMSA 1978, is enacted to read:

"61-27A-6.3. [NEW MATERIAL] PRIVATE PATROL OPERATOR--REQUIREMENTS FOR LICENSURE.--The board shall issue a license for a private patrol operator to an individual who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant:

A. is at least twenty-one years of age;

B. is of good moral character;

C. has successfully passed an examination as required by board rule;

D. has not been convicted of a felony offense or other criminal offense or has not been found to have violated professional ethical standards;

E. has at least three years' experience of not less than six thousand hours of actual work performed as a security guard, watchman or patrolman or the equivalent, one year of which shall have been in a supervisory capacity. The experience shall have been acquired within five years preceding the filing of an application with the board. Years and hours of qualifying experience and the precise nature of that experience shall be substantiated by written certification from employers and shall be subject to independent verification by the board as it determines is warranted. The burden of proving the necessary experience is on the applicant;

F. is firearm certified, if the practice will require being armed with a firearm; and

G. meets other requirements set forth in rules of the board."

Section 9. A new section of the Private Investigators and Polygraphers Act, Section 61-27A-6.4 NMSA 1978, is enacted to read:

"61-27A-6.4. [NEW MATERIAL] PRIVATE PATROL OPERATOR COMPANY--REQUIREMENTS FOR LICENSURE.--The board shall issue a license for a private patrol operator company to a person who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant:

A. if an individual, is of good moral character, or if the applicant is a legal business entity, the owners, officers or directors are of good moral character;

B. if an individual, has not been convicted of a felony offense or other criminal offense or has not been found to have violated professional ethical standards, or if the applicant is a legal business entity, the owners, officers or directors have not been convicted of a felony or other criminal offense and have not been found to have violated professional ethical standards;

C. maintains general liability insurance as specified in the Private Investigators and Polygraphers Act;

D. has an owner or a licensed private patrol operator manager who is a private patrol operator or a level three security guard who manages the daily operations of the private patrol operator company;

E. maintains a physical location in New Mexico where records are maintained and made available for inspection by the board or one of its designees;

F. maintains a New Mexico registered agent, if the private patrol operator company is located outside of New Mexico; and

G. meets all other requirements set forth in the rules of the board."

Section 10. A new section of the Private Investigators and Polygraphers Act, Section 61-27A-6.5 NMSA 1978, is enacted to read:

"61-27A-6.5. [NEW MATERIAL] PRIVATE PATROL OPERATOR MANAGER--REQUIREMENTS FOR LICENSURE--NOTIFICATION OF BOARD IN EVENT OF TERMINATION OF EMPLOYMENT.--

A. The board shall issue a license for a private patrol operator manager to an individual who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant:

(1) possesses a current license in good standing as a private patrol operator or a registration as a level three security guard;

(2) has successfully passed an examination as required by board rule;

(3) is employed by the private patrol operator company that the applicant will be managing and remains employed by the private patrol operator company under which authority the license of the private patrol operator manager is issued. Termination of employment with the private patrol operator company terminates the license of the private patrol operator manager; and

(4) meets other requirements set forth in the rules of the board.

B. A private patrol operator manager who ceases to be employed by the private patrol operator company he is licensed to manage shall surrender his license to the owner, officer or director who will temporarily take over management of the company before the manager leaves the company. The owner, officer or director shall notify and submit the license to the board within thirty days of the termination of employment of the private patrol operator manager. If the private patrol operator company fails to notify the board within thirty days of the private patrol operator manager's termination from employment, the license of the private patrol operator company shall be subject to suspension or revocation and may only be reinstated upon the filing of an application for reinstatement and payment of the reinstatement fee.

C. The owner, officer or director of a private patrol operator company shall submit an application to the board naming a new private patrol operator manager within thirty days from the date that a manager ceases to be employed by the private patrol operator company. The newly named private patrol operator manager shall not start performing the duties of a manager until and unless the board grants the individual a license as a private patrol operator manager."

Section 11. A new section of the Private Investigators and Polygraphers Act, Section 61-27A-6.6 NMSA 1978, is enacted to read:

"61-27A-6.6. [NEW MATERIAL] POLYGRAPH EXAMINER--REQUIREMENTS FOR LICENSURE.--The board shall issue a license as a polygraph examiner to an individual who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant:

A. is at least eighteen years of age;

B. is of good moral character;

C. possesses a high school diploma or its equivalent;

D. has not been convicted of a felony or other criminal offense and has not been found to have violated professional ethical standards;

E. has graduated from an accredited polygraph examiners course approved by the board;

F. has:

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

(2) submitted proof of holding, for a minimum of two years immediately preceding the date of application, a current license to practice polygraphy in another jurisdiction whose standards are equal to or greater than those in New Mexico; and

G. meets other requirements set forth in the rules of the board."

Section 12. A new section of the Private Investigators and Polygraphers Act, Section 61-27A-6.7 NMSA 1978, is enacted to read:

"61-27A-6.7. [NEW MATERIAL] PRIVATE INVESTIGATOR EMPLOYEE--REQUIREMENTS FOR REGISTRATION.--

A. On or after July 1, 2005, every individual who seeks employment or is currently employed as a private investigator employee shall file an application for registration with the board.

B. The board shall issue a registration for a private investigator employee to an individual 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) possesses a high school diploma or its equivalent;

(4) has successfully completed an examination as required by board rule;

(5) has not been convicted of a felony or other criminal offense and has not been found to have violated professional ethical standards;

(6) shall be employed by a private investigation company, under the direct control and supervision of a licensed private investigator; and

(7) meets other requirements as set forth in the rules of the board.

C. If the employment of a private investigator employee with a private investigation company terminates for any reason, the registration of the individual as a private investigator employee immediately terminates. The private investigator employee shall turn over his registration to the private investigation company upon termination.

D. A private investigation company has thirty days in which to notify the board of the employment termination of a private investigator employee and to return the private investigator employee's registration to the board."

Section 13. A new section of the Private Investigators and Polygraphers Act, Section 61-27A-6.8 NMSA 1978, is enacted to read:

"61-27A-6.8. [NEW MATERIAL] SECURITY GUARD--LEVEL ONE--REQUIREMENTS FOR REGISTRATION.--

A. On or after July 1, 2005, every individual seeking employment or employed as a level one security guard shall file an application for registration with the board.

B. The board shall issue a registration for a level one security guard to an individual 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) possesses a high school diploma or its equivalent;

(4) has successfully completed an examination as required by board rule;

(5) has not been convicted of a felony or other criminal offense and has not been found to have violated professional ethical standards;

(6) has completed a curriculum approved in board rule consisting of at least forty hours of security officer training provided by an educational institution licensed by the commission on higher education pursuant to the Post-Secondary Educational Institution Act or a public institution;

(7) will be employed by a private patrol operator company under the direct control and supervision of a licensed private patrol operator; and

(8) meets other requirements as set forth in board rules.

C. A private patrol operator company has thirty days in which to notify the board of the employment termination of a level one security guard."

Section 14. A new section of the Private Investigators and Polygraphers Act, Section 61-27A-6.9 NMSA 1978, is enacted to read:

"61-27A-6.9. [NEW MATERIAL] SECURITY GUARD--LEVEL TWO--REQUIREMENTS FOR REGISTRATION.--

A. On or after July 1, 2005, every individual seeking employment or employed as a level two security guard shall file an application for registration with the board.

B. The board shall issue a registration for a level two security guard to an individual 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) possesses a high school diploma or its equivalent;

(4) maintains a current registration in good standing as a level one security guard;

(5) has successfully completed an examination as required by board rule;

(6) has not been convicted of a felony or other criminal offense and has not been found to have violated professional ethical standards;

(7) has completed a curriculum approved in board rule consisting of at least forty hours of training above that required for a level one security guard registration, including handcuffing, patrol tactics, baton and use of paralyzing spray provided by an educational institution licensed by the commission on higher education pursuant to the Post-Secondary Educational Institution Act or a public institution;

(8) is employed by a private patrol operator company under the direct control and supervision of a licensed private patrol operator; and

(9) meets other requirements as set forth in board rules.

C. A private patrol operator company has thirty days in which to notify the board of the employment termination of a level two security guard."

Section 15. A new section of the Private Investigators and Polygraphers Act, Section 61-27A-6.10 NMSA 1978, is enacted to read:

"61-27A-6.10. [NEW MATERIAL] SECURITY GUARD--LEVEL THREE--REQUIREMENTS FOR REGISTRATION.--

A. On or after July 1, 2005, every individual seeking employment or employed as a level three security guard shall file an application for registration with the board.

B. The board shall issue a registration for a level three security guard to an individual who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant:

(1) is at least twenty-one years of age;

(2) is of good moral character;

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

(4) maintains a current registration in good standing as a level two security guard;

(5) has successfully completed an examination as required by board rule;

(6) has not been convicted of a felony or other criminal offense and has not been found to have violated professional ethical standards;

(7) has completed a curriculum approved in board rule consisting of at least forty hours of training above that required for a level two security guard registration provided by an educational institution licensed by the commission on higher education pursuant to the Post-Secondary Educational Institution Act or a public institution;

(8) is firearm certified;

(9) is employed by a private patrol operator company under the direct control and supervision of a licensed private patrol operator; and

(10) meets other requirements as set forth in board rules.

C. A private patrol operator company has thirty days in which to notify the board of the employment termination of a level three security guard."

Section 16. A new section of the Private Investigators and Polygraphers Act, Section 61-27A-6.11 NMSA 1978, is enacted to read:

"61-27A-6.11. [NEW MATERIAL] SPECIAL EVENT PERMIT--PROCEDURE--QUALIFICATIONS.--

A. The board may issue a temporary special event permit to a private patrol operator company for each security guard that the company intends to employ for a special event.

B. To be issued a special event permit, a private patrol operator company shall provide the board with a description of the special event, its location and the dates on which the temporary security guards will be employed to provide services at the special event. The special event permit shall bear the name of the private patrol operator company and contact information, the name of the security guard, the name of the special event for which it is issued, the dates of the special event and other pertinent information required by the board.

C. A special event permit shall be issued only to an individual who qualifies for any level security guard registration and who:

(1) is not a resident of New Mexico;

(2) does not hold a registration as a security guard in New Mexico; and

(3) meets other requirements set forth in board rules.

D. The private patrol operator company seeking a special event permit shall provide documentation required by the board that verifies the qualifications of the temporary security guards who are to be issued the special event permits."

Section 17. Section 61-27A-7 NMSA 1978 (being Laws 1993, Chapter 212, Section 7) is amended to read:

"61-27A-7. [LICENSE] FEES.--[Each applicant for licensure shall pay a fee set by the department not to exceed the following:

A. private investigator, initial license or renewal, two hundred dollars ($200);

B. private investigator manager, initial license or renewal, one hundred dollars ($100);

C. private investigator employee, initial registration or renewal, fifty dollars ($50.00);

D. private patrol operator, initial license or renewal, two hundred dollars ($200);

E. private patrol operator manager, initial license or renewal, one hundred dollars ($100);

F. private patrol operator employee, initial registration or renewal, twenty-five dollars ($25.00);

G. branch office, initial license or renewal fee, seventy-five dollars ($75.00);

H. change in license status, one hundred dollars ($100);

I. polygraph examiner, initial license or renewal, three hundred dollars ($300);

J. polygraph applicant examination, fifty dollars ($50.00); and

K. late fee for failure to renew a license within the allotted time period, fifty dollars ($50.00)] The board shall establish a schedule of reasonable fees not to exceed the following:

A. application fee, not to exceed one hundred dollars ($100);

B. license fee, not to exceed five hundred dollars ($500);

C. registration fee, not to exceed two hundred fifty dollars ($250);

D. renewal or reinstatement fee, not to exceed five hundred dollars ($500);

E. late fee, not to exceed one hundred dollars ($100); and

F. administrative fee, not to exceed two hundred dollars ($200)."

Section 18. Section 61-27A-8 NMSA 1978 (being Laws 1993, Chapter 212, Section 8) is amended to read:

"61-27A-8. LICENSE AND REGISTRATION RENEWAL.--[On or before June 30 of each odd-numbered year, every person licensed or registered under the Private Investigators and Polygraphers Act shall remit to the department, together with the prescribed fee for the class of license desired, an application for license or registration renewal on a form that is prescribed and furnished by the department. Information required on the renewal form shall include the licensee's current address, state tax identification number and proof of compliance with continuing education requirements promulgated by the department. Failure to renew a license by June 30 of each renewal year shall cause the license to be suspended until a late fee, together with the unpaid renewal fee, is received by the department. Any license that is not renewed within one year from the date the license expired shall be automatically revoked.]

A. A license or registration granted pursuant to the provisions of the Private Investigators and Polygraphers Act shall be renewed by the board annually unless the term of the license is set by the board by rule to be for a longer period. The term of a license or registration shall not exceed two years.

B. A licensee or registrant with an expired license or registration shall not perform an activity regulated by the Private Investigators and Polygraphers Act until the license or registration has been renewed or reinstated.

C. The board may require proof of continuing education credits or other proof of competency as a requirement of renewal or reinstatement of a license or registration."

Section 19. Section 61-27A-9 NMSA 1978 (being Laws 1993, Chapter 212, Section 9) is amended to read:

"61-27A-9. DISPLAY OF LICENSE AND REGISTRATION--NOTIFICATION OF CHANGES.--

A. A license shall at all times be posted in a conspicuous place in the principal place of business in New Mexico of the licensee.

[B. A licensee shall notify the department within thirty days after any change in his address, in the name under which he does business or in the officers or partners of the business.]

B. A registration card shall at all times be in the possession of and located on the person of a registrant.

C. Registered security guards shall wear their registration card on the outside of their uniform so that the card is visible to others.

D. A licensee, including owners, officers or directors of a private investigation company or a private patrol operator company, or a registrant shall notify the board immediately in writing of a change in the address of the licensee or registrant. Failure to notify the board of changes required to be reported to the board pursuant to this section within thirty days is grounds for suspension of a license or registration."

Section 20. Section 61-27A-10 NMSA 1978 (being Laws 1993, Chapter 212, Section 10, as amended) is amended to read:

"61-27A-10. OPERATION OF [BUSINESS] COMPANY--MANAGER REQUIRED--EMPLOYEES--UNLICENSED EMPLOYEES--TERMINATION.--

[A. Each business providing private investigator or private patrol operator services in New Mexico shall be operated under the direction, control, charge or management of a licensee; provided that the business shall be under the direction, control, charge or management of a manager if the owner of the business does not qualify for a license under the Private Investigators and Polygraphers Act.

B. A licensee shall not conduct a business under a fictitious name until he has obtained the written authorization of the department. The department shall not authorize the use of a fictitious name that is so similar to the name of a public officer or agency or to the name used by another licensee that the public may be confused or misled by it.

C. A licensee shall at all times be legally responsible for the good business conduct of each of his employees, including his manager.

D. Each licensee shall maintain a record containing information relative to his employees as may be prescribed by the department, and the records may be subject to inspection.

E. Except as otherwise provided by the Private Investigators and Polygraphers Act, every employee of a licensee shall be registered by the licensee with the department within seven days of employment; provided, however, a licensee may hire temporary employees for periods of time not to exceed five days for special celebrations, parades or similar events without those employees being registered. The provisions of this subsection shall not be used to circumvent the registration of long-term employees.

F. A person registered under the Private Investigators and Polygraphers Act shall notify the department in writing within thirty days of each change in his employment. If a person ceases to be employed by a licensee, the person shall notify the department in writing within thirty days and shall surrender his registration card to the department.

G. A manager duly licensed under the Private Investigators and Polygraphers Act need not register as an employee.

H. Employees of a licensee who are engaged exclusively in stenographic, typing, filing, clerical or other activities that do not constitute the work of a private investigator or private patrol officer are not required to register.

I. A person shall not act as a manager until he is licensed under the Private Investigators and Polygraphers Act. If a manager ceases to be connected with a licensee, the licensee shall notify the department in writing within thirty days from the cessation. If the licensee fails to notify the department within the thirty-day period, his license shall be subject to suspension or revocation and may be reinstated only upon the filing of an application for reinstatement and payment of the reinstatement fee.]

A. A private investigation company providing services in New Mexico shall be operated under the direction, control, charge or management of the owner of the private investigation company if the owner is licensed as a private investigator or of a private investigator manager.

B. A private patrol operator company providing services in New Mexico shall be operated under the direction, control, charge or management of the owner of the private patrol operator company if the owner is licensed or registered as a private patrol operator or a level three security guard or of a private patrol operator manager.

C. A private investigation company or a private patrol operator company shall not conduct business under a fictitious name until the company has obtained the authorization for use of the name from the board. The board shall not authorize the use of a fictitious name that may generate public confusion with the name of a public officer or agency or the name used by another private investigation company or private patrol operator company.

D. A private investigation company is liable for the conduct of the company's employees, including the conduct of a private investigator manager. A private patrol operator company is liable for the conduct of the company's employees, including the conduct of a private patrol operator manager.

E. A private investigation company or a private patrol operator company shall maintain records of the qualifications, performance and training of all of its current and former employees as required by the board. The records are subject to inspection by the board upon reasonable notice to the owner or private investigator manager or private patrol operator manager.

F. Except as otherwise provided in the Private Investigators and Polygraphers Act, every employee of a licensed private investigation company or private patrol operator company shall be licensed or registered by the board as employees of the company with which they are employed; provided, however, that a licensee or registrant may work for more than one company.

G. Each temporary security guard employed by a private patrol operator company for a special event shall be issued a special event permit for each special event. The private patrol operator company employing the temporary security guard for a special event shall obtain the special event permits necessary for the temporary employees that are employed. The provisions of this subsection shall not be used to circumvent the registration process for permanent or part-time, long-term employees.

H. A person licensed or registered by the board shall notify the board in writing within thirty days of each change in his employment by filing an application as required by the board. If a person ceases to be employed by a private investigation company or a private patrol operator company, the person shall notify the board in writing within thirty days.

I. Employees of a private investigation company or private patrol operator company who are engaged exclusively to perform stenographic, typing, filing, clerical, secretarial, receptionist, accounting, bookkeeping, information technology or other business or support functions that do not perform the work of a private investigator, a private patrol operator or a security guard, are not required to be licensed or registered by the board.

J. An individual who is not licensed or qualified to be employed as a private investigator manager or a private patrol operator manager shall not be employed to perform the duties required of those managers."

Section 21. Section 61-27A-11 NMSA 1978 (being Laws 1993, Chapter 212, Section 11) is amended to read:

"61-27A-11. BOND AND GENERAL LIABILITY INSURANCE REQUIRED.--

A. A private investigation company or a private patrol operator company license [except a manager's license and polygraph examiner's license] shall not be issued under the Private Investigators and Polygraphers Act unless the applicant files with the [department] board:

(1) a surety bond in the sum of ten thousand dollars ($10,000) executed by a surety company authorized to do business in this state; [or] and

(2) [a certificate of deposit in the sum of two thousand dollars ($2,000), conditioned for the faithful and lawful conduct of business by the applicant.

The form of bond, its execution and the sufficiency of the surety shall be verified by the department.

B. A licensee shall maintain the surety bond, and, upon failure to do so, the license of the licensee shall be suspended and shall not be reinstated until an application in the form prescribed by the department is filed, together with a proper surety bond. The department] a commercial general liability certificate of insurance.

B. The owner or chief executive officer of a licensed private investigation company or a private patrol operator company shall maintain the general liability certificate of insurance, and, upon failure to do so, the license of the private investigation company or the private patrol operator company shall be suspended and shall not be reinstated until an application in the form prescribed by the board is filed together with an acceptable general liability certificate of insurance. The board may deny the application, notwithstanding the applicant's compliance with this section:

(1) for any reason that would justify a refusal to issue or a suspension or a revocation of a license; or

(2) for the performance by the applicant of any practice while under suspension for failure to keep [his bond] the general liability certificate of insurance in force for which a license under the Private Investigators and Polygraphers Act is required.

C. [Bonds] A general liability certificate of insurance executed and filed with the [department] board pursuant to the Private Investigators and Polygraphers Act shall remain in force until the [surety] company issuing the general liability certificate of insurance has terminated future [liability] indemnity by [thirty-day] notice to the [department] board."

Section 22. Section 61-27A-12 NMSA 1978 (being Laws 1993, Chapter 212, Section 12) is amended to read:

"61-27A-12. PROHIBITED ACTS.--

A. [Any] A licensee or [manager for the licensee] registrant may divulge to any law enforcement officer or district attorney, the attorney general or his representatives [any] information [he acquires] acquired concerning [any] a criminal offense, but [he] the licensee or registrant shall not divulge to any other person, except as [he is] required by law, [any] information acquired by [him] the licensee or registrant except at the direction of [his] the employer or the client for whom the information was obtained.

B. No licensee [manager or employee of a licensee] or registrant shall knowingly make [any] a false report to his employer or the client for whom the information was being obtained.

C. No written report shall be submitted to a client except by the licensee, the manager or a person authorized by either of them, and the person submitting the report shall exercise diligence in ascertaining whether the facts and information of the report are true and correct.

D. No [licensee, manager or employee of a] private investigator, private investigator manager or registered private investigator employee shall use a badge in connection with the official activities of the licensee's [business] or registrant's employment for a private investigation company.

E. No licensee [manager or employee of a licensee] or registrant shall use a title or wear a uniform, use an insignia, use an identification card or make any statement with the intent to give an impression that he is connected in any way with the federal or state government or any political subdivision of either.

F. No private patrol operator, [licensee, manager or employee of a private patrol operator licensee] private patrol operator manager or level three security guard shall use a badge except when engaged in guard or patrol work and while wearing a uniform.

G. No licensee or registrant shall appear as an assignee party in any proceeding involving a claim [and] or delivery [replevin or other possessory] action to recover or possess property or action for foreclosing a chattel mortgage, mechanic's lien, materialman's lien or any other lien.

H. A polygraph examiner shall not ask questions during the course of a polygraph examination relative to sexual affairs of an examinee, the examinee's race, creed, religion or union affiliation or any activity not previously and specifically agreed to by written consent."

Section 23. Section 61-27A-13 NMSA 1978 (being Laws 1993, Chapter 212, Section 13) is amended to read:

"61-27A-13. DENIAL, SUSPENSION OR REVOCATION OF LICENSE OR REGISTRATION.--In accordance with procedures contained in the Uniform Licensing Act, the [department] board may deny, suspend or revoke [any] a license or registration held or applied for under the Private Investigators and Polygraphers Act or reprimand or place on probation a licensee or registrant upon grounds that the licensee, registrant or applicant:

A. made a false statement or gave false information in connection with an application for a license or registration or renewal or reinstatement of a license or registration;

B. violated any provision of the Private Investigators and Polygraphers Act;

C. violated [any] a rule of the [department] board adopted pursuant to [that] the Private Investigators and Polygraphers Act;

D. has been convicted of a felony or [any] a crime involving moral turpitude or illegally using, carrying or possessing a deadly weapon;

E. impersonated or permitted or aided and abetted an employee to impersonate a law enforcement officer or employee of the United States or of [any] a state or political subdivision of either;

F. committed or permitted [any] an employee to commit [any] an act while the license or registration was expired that would be cause for the suspension or revocation of a license or registration or grounds for the denial of an application for a license or registration;

G. willfully failed or refused to render to a client services or a report as agreed between the parties, for which compensation has been paid or tendered in accordance with the agreement of the parties;

H. committed assault, battery or kidnapping or used force or violence on [any] a person without [proper] justification;

I. knowingly violated or advised, encouraged or assisted the violation of [any] a court order or injunction in the course of business of the licensee;

J. knowingly issued a worthless or otherwise fraudulent payroll check that is not redeemed within two days of denial of payment of [any] a bank;

K. has been chronically or persistently inebriated or addicted to the illegal use of dangerous or narcotic drugs;

L. has been adjudged mentally incompetent or insane by regularly constituted authorities; [or]

M. while unlicensed, committed or aided and abetted the commission of [any] an act for which a license is required under the Private Investigators and Polygraphers Act; or

N. has been found to have violated the requirements of a state or federal labor, tax or employee benefit law or rule."

Section 24. Section 61-27A-14 NMSA 1978 (being Laws 1993, Chapter 212, Section 14) is amended to read:

"61-27A-14. HEARING--PENALTIES.--

A. Every person who is denied a license or [employee] registration or who has [his] a license or [employee] registration suspended or revoked shall be entitled to a hearing before the [department] board if within twenty days after the denial, suspension or revocation a request for a hearing is [served on] received by the [department] board. The procedures [outlined in] of the Uniform Licensing Act shall be followed pertaining to the hearing [insofar as] to the extent that they do not conflict with the provisions of the Private Investigators and Polygraphers Act.

B. In accordance with the provisions of the Uniform Licensing Act, and in addition to other penalties provided by law, the board may impose the following:

(1) for a violation of the Private Investigators and Polygraphers Act, a civil penalty not to exceed one thousand dollars ($1,000) for each violation; and

(2) against a person who is found by the board to be engaging in practice regulated by the board without an appropriate license or registration, civil penalties not to exceed one thousand dollars ($1,000)."

Section 25. Section 61-27A-16 NMSA 1978 (being Laws 1993, Chapter 212, Section 16) is amended to read:

"61-27A-16. LICENSE OR REGISTRATION NOT TRANSFERABLE.--

A. A license or registration issued [under] pursuant to the Private Investigators and Polygraphers Act [is] shall not [transferable or reassignable] be transferred or assigned.

B. The board shall adopt by rule procedures for changes in company designation or management. A change in the company designation of a private investigation company or a private patrol operator company or a change in the manager of a private investigation company or a private patrol operator company shall proceed only pursuant to rules of the board, or the private investigation company or private patrol operator company shall be considered to be operating without a license."

Section 26. Section 61-27A-17 NMSA 1978 (being Laws 1993, Chapter 212, Section 17) is amended to read:

"61-27A-17. LOCAL REGULATIONS.--The provisions of the Private Investigators and Polygraphers Act shall not prevent the local authorities of [any city, county or] a city [and] or county by ordinance and within the exercise of the police power of [such] the city or county [or city and county] from imposing local ordinances [upon any] on a street patrol special officer or [upon any] on a person licensed [within the scope of] or registered pursuant to the Private Investigators and Polygraphers Act if the ordinances are consistent with that act."

Section 27. Section 61-27A-18 NMSA 1978 (being Laws 1993, Chapter 212, Section 18) is amended to read:

"61-27A-18. FUND ESTABLISHED.--

A. There is created in the state treasury the "private [investigator and polygrapher] investigators fund".

B. All license and registration fees and civil penalties received by the [department] board pursuant to the Private Investigators and Polygraphers Act shall be deposited in the fund. [and shall be used for the administration of that act.]

C. The state treasurer shall invest the fund as other state funds are invested, and all income derived from the investment of the fund shall be credited to the fund.

D. Money in the fund is appropriated to the board to implement and administer the provisions of the Private Investigators and Polygraphers Act.

E. Money in the fund shall be expended pursuant to warrants issued by the secretary of finance and administration upon vouchers signed by the chair of the board.

F. All balances in the fund shall remain in the fund and shall not revert to the general fund."

Section 28. Section 61-27A-19 NMSA 1978 (being Laws 1993, Chapter 212, Section 19) is amended to read:

"61-27A-19. DEADLY WEAPONS.--[Licensed private patrol operators and their registered employees, when in uniform and in the performance of their duties, may carry firearms and other deadly weapons; provided, however, nothing in the Private Investigators and Polygraphers Act shall be construed as granting to polygraph examiners, private investigators, private patrol operators or their employees the right to carry concealed weapons.] A private investigator, a private patrol operator or a registrant employed by a private investigation company or a private patrol operator company may carry a firearm upon successful completion of the mandatory firearm training as required by rules of the board."

Section 29. A new section of the Private Investigators and Polygraphers Act is enacted to read:

"[NEW MATERIAL] RECIPROCITY.--

A. The board may enter into a reciprocity agreement with another state for the purpose of licensing or registering applicants to perform activities regulated by the Private Investigators and Polygraphers Act; provided that the person is, at the time of application for licensure or registration in New Mexico, licensed or registered to perform the services in the other state.

B. The board may develop rules that allow for reciprocity on a temporary or limited basis without requiring an applicant to be licensed or registered; provided that the other state:

(1) has licensure or registration requirements that meet or exceed those of New Mexico;

(2) has no record of disciplinary action taken against the applicant in the last year; and

(3) can verify that the applicant has engaged in activities that are licensed or registered pursuant to the Private Investigators and Polygraphers Act for at least one year in the other state."

Section 30. A new section of the Private Investigators and Polygraphers Act is enacted to read:

"[NEW MATERIAL] CRIMINAL HISTORY BACKGROUND CHECKS.--

A. The board shall:

(1) develop, in conjunction with the department of public safety, rules that require criminal history background checks of all persons licensed or registered pursuant to the Private Investigators and Polygraphers Act;

(2) require all applicants for licensure or registration to be fingerprinted;

(3) provide for an applicant to inspect or challenge the validity of the record developed by the background check, if the applicant is denied a license or registration;

(4) establish a fee for fingerprinting and conducting a background check for an applicant; and

(5) provide fingerprints from an applicant on two fingerprint cards for submitting to the federal bureau of investigation to conduct a national criminal history background check and to the department of public safety to conduct a state criminal history check.

B. Arrest record information received from the department of public safety and the federal bureau of investigation shall be privileged and shall not be disclosed to individuals not directly involved in the decision affecting the specific applicant or employee.

C. The applicant shall pay the cost of obtaining the criminal history background check from the department of public safety and the federal bureau of investigation.

D. Electronic live scans may be used for conducting criminal history background checks."

Section 31. Section 61-27A-20 NMSA 1978 (being Laws 1993, Chapter 212, Section 20) is amended to read:

"61-27A-20. CRIMINAL OFFENSES--PENALTIES.--

A. A person who engages in a business regulated [under] by the Private Investigators and Polygraphers Act who fraudulently represents himself to be a licensee or [registered employee] registrant is guilty of a misdemeanor and if convicted shall be [punished by a term of imprisonment less than one year or a fine of not more than one thousand dollars ($1,000) or both] sentenced pursuant to Section 31-19-1 NMSA 1978.

B. A person who fraudulently represents that he is employed by a licensee is guilty of a petty misdemeanor and if convicted shall be [punished by a term of imprisonment less than six months or a fine of not more than five hundred dollars ($500) or both] sentenced pursuant to Section 31-19-1 NMSA 1978.

[B.] C. A person who violates [a provision] a mandatory requirement of the Private Investigators and Polygraphers Act, [except as provided for in Subsection A] other than an offense in Subsection A or B of this section, is guilty of a petty misdemeanor and if convicted shall be [punished by a fine of not more than five hundred dollars ($500) or by imprisonment for not more than six months or both] sentenced pursuant to Section 31-19-1 NMSA 1978."

Section 32. Section 61-27A-21 NMSA 1978 (being Laws 2000, Chapter 4, Section 16) is amended to read:

"61-27A-21. TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--The private investigators, private patrol operators and [polygraphers advisory] polygraph examiners board is terminated on July 1, [2005] 2011 pursuant to the Sunset Act. The board shall continue to operate according to the provisions of the Private Investigators and Polygraphers Act until July 1, [2006] 2012. Chapter 61, Article 27A NMSA 1978 is repealed effective July 1, [2006] 2012."

Section 33. TEMPORARY PROVISION--TRANSITION.--

A. A security guard, watchman, loss prevention officer or patrolman licensed pursuant to the Private Investigators and Polygraphers Act prior to July 1, 2005 shall apply for a registration pursuant to the 2005 amended Private Investigators and Polygraphers Act prior to October 31, 2005 to receive a license without meeting the examination or educational requirements of the 2005 amended act.

B. Between July 1, 2005 and October 31, 2005, an individual shall be registered as a level three security guard without examination or further qualification by the private investigators, private patrol operators and polygraph examiners board if the individual:

(1) worked as a security guard, watchman, loss prevention officer or patrolman for the five years immediately preceding July 1, 2005 and was licensed by the regulation and licensing department to perform that work; and

(2) was authorized pursuant to the Private Investigators and Polygraphers Act prior to July 1, 2005, to carry a firearm in the course of his employment.

C. A security guard, watchman, loss prevention officer or patrolman who is not qualified pursuant to Subsection B of this section to be registered as a level three security guard shall be registered as level one security guard if he applies for registration pursuant to the Private Investigators and Polygraphers Act between July 1, 2005 and October 31, 2005, except as provided in Subsection D of this section.

D. If the board finds, upon application by a security guard, watchman, loss prevention officer or patrolman employed pursuant to the Private Investigators and Polygraphers Act prior to July 1, 2005 that the applicant has applied in a timely manner and presents exceptional circumstances, as determined by the board, in which the security guard, watchman, loss prevention officer or patrolman demonstrates that he should be registered as a level two security guard, the board in its discretion may register the security guard applicant as a level two security guard without examination or further qualification.

E. A private investigator or private patrol operator holding a certificate of deposit or surety bond in the sum of two thousand dollars ($2,000) shall be exempt from the bond provisions of the Private Investigators and Polygraphers Act, as long as the private investigator's license or private patrol operator's license remains current and the holder remains in good standing with the private investigators, private patrol operators and polygraph examiners board.

F. A rule adopted by the private investigator and polygraphers advisory board shall remain in effect until the private investigators, private patrol operators and polygraph examiners board can establish new rules.

G. The regulation and licensing department shall continue to register and license individuals pursuant to the Private Investigators and Polygraphers Act in effect prior to July 1, 2005 until July 1, 2005, or, if rules are not adopted by the private investigators, private patrol operators and polygraph examiners board, until the private investigators, private patrol operators and polygraph examiners board establishes new rules and licensing procedures.

Section 34. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2005.

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