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AN ACT

RELATING TO LICENSING; RENAMING AND REVISING THE PRIVATE

INVESTIGATORS AND POLYGRAPHERS ACT; IDENTIFYING REGULATED

PERSONS; CREATING THE PRIVATE INVESTIGATIONS ADVISORY BOARD;

CHANGING THE NAME OF THE PRIVATE INVESTIGATOR AND POLYGRAPHER

FUND; PROVIDING PENALTIES; PROVIDING FEE LIMITATIONS;

PROVIDING FOR A TRANSITION PERIOD; AMENDING, REPEALING AND

ENACTING SECTIONS OF THE NMSA 1978.

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

Section 1. Section 61-27A-1 NMSA 1978 (being Laws 1993,

Chapter 212, Section 1, as amended) is amended to read:

"61-27A-1. SHORT TITLE.--Chapter 61, Article 27A NMSA

1978 may be cited as the "Private Investigations Act"."

Section 2. 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

Investigations Act:

A. "armored car company" means a company that

knowingly and willingly transports money and other

negotiables for a fee or other remuneration;

B. "bodyguard" means an individual who physically

performs the mission of personal security for another

individual;

C. "branch office" means an office of a private

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investigation company or a private patrol company physically

located in New Mexico and managed, controlled or directed by

a private investigations manager or private patrol operations

manager;

D. "client" means an individual or legal entity

having a contract that authorizes services to be provided in

return for financial or other consideration;

E. "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;

F. "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 other entity formed

for business purposes;

I. "licensee" means a person licensed pursuant to

the Private Investigations Act;

J. "polygraph examiner" means an individual

licensed by the department to engage in the practice of

polygraphy;

K. "polygraphy" means the process of employing an

instrument designed to graphically record simultaneously the

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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 or any other device used

to measure truthfulness;

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;

M. "private investigator" means an individual who

is licensed by the department to engage in business or who

accepts employment to conduct an investigation pursuant to

the Private Investigations Act to obtain information

regarding:

(1) crime or wrongs done or threatened

against the United States or any state or territory of the

United States;

(2) a 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;

(5) the securing of evidence to be used

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before a court, administrative tribunal, board or

investigating committee or for a law enforcement officer; or

(6) the scene of a motor vehicle accident or

evidence related to a motor vehicle accident;

N. "private investigations employee" means an

individual who is registered by the department to work under

the direct control and supervision of a private investigator

for a private investigation company;

O. "private investigations manager" means an

individual who:

(1) is licensed as a private investigator

and is issued a license by the department as a private

investigations manager;

(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 that the private investigations

manager is licensed to manage or from a branch office of that

private investigation company;

P. "private patrol company" means a legal business

entity, the location of which may be within or outside of the

state, including an independent or proprietary commercial

organization that provides private patrol operator services

that are performed in New Mexico and the activities of which

include employment of licensed private patrol operators or

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security guards;

Q. "private patrol employee" means an individual

who is registered by the department to work under the direct

control and supervision of a private patrol operator for a

private patrol company;

R. "private patrol operations 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 by the department as a private patrol operations

manager;

(2) directs, controls or manages a private

patrol company for the owner of the company; and

(3) is assigned to and operates from the

private patrol company that the private patrol operations

manager is licensed to manage or from a branch office of that

private patrol company;

S. "private patrol operator" means an individual

who is licensed by the department to:

(1) conduct uniformed or nonuniformed

services as a watchman, security guard or patrolman to

protect property and persons on or in the property;

(2) prevent the theft, unlawful taking,

loss, embezzlement, misappropriation or concealment of goods,

wares, merchandise, money, bonds, stocks, notes, documents,

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papers or property of any kind; or

(3) perform the services required of a

security guard or security dog handler or provide security

services for an armored car company;

T. "proprietary commercial organization" means an

organization or division of an organization that provides

full- or part-time security guard services solely for itself;

U. "registrant" means an individual registered as

a private investigations employee, a private patrol

operations employee or a security guard at any level;

V. "security dog handler" means an individual who

patrols with dogs to detect illegal substances or explosives;

W. "security guard" means an individual who is

registered to engage in uniformed or nonuniformed services

under the direct control and supervision of a licensed

private patrol operator or a private patrol operations

manager to perform such security missions as watchman, fixed

post guard, dog handler, patrolman or other person to protect

property or prevent thefts; and

X. "special event" means a parade or other public

or private event of short duration requiring security."

Section 3. 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 an

individual to:

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A. act as a private investigator, private patrol

operator, security guard, private investigations employee,

private investigations manager or private patrol operations

manager or to make any representation as being a licensee or

registrant unless the individual is licensed by the

department pursuant to the Private Investigations Act;

B. render physical protection for remuneration as

a bodyguard unless 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

investigations employee, private investigations manager or

private patrol operations manager if the individual's license

issued pursuant to the Private Investigations Act has

expired;

D. falsely represent that the individual is

employed by a licensee; or

E. practice polygraphy for any remuneration

without a license issued by the department in accordance with

the Private Investigations Act."

Section 4. Section 61-27A-4 NMSA 1978 (being Laws 1993,

Chapter 212, Section 4) is amended to read:

"61-27A-4. PERSONS EXEMPTED.--

A. As used in this section, "temporary" means a

period of time not to exceed the duration of one private

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event or one school or nonprofit organization event, as

described in Paragraphs (2) and (3) of Subsection B of this

section.

B. Investigations Act does not apply to:

(1) an individual employed exclusively and

regularly by one employer in connection with the affairs of

that employer, provided that the individual patrols or

provides security only on the premises of the employer as

limited by the employer;

(2) an individual employed exclusively to

provide temporary security at a private event that is not

open to the public;

(3) individuals providing temporary security

at athletic or other youth events and where the events occur

under the auspices of a public or private school or a

nonprofit organization;

(4) an attorney licensed in New Mexico

conducting private investigations while engaged in the

practice of law;

(5) 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 the officer's or employee's

official duties;

(6) a person engaged exclusively in the

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business of obtaining and furnishing information concerning

the financial rating of persons;

(7) 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;

(8) a licensed collection agency or an

employee of the agency while acting within the scope of

employment while making an investigation incidental to the

business of the agency, including an investigation of the

location of a debtor or the debtor's property;

(9) admitted insurers, adjusters, agents and

insurance brokers licensed by the state performing duties in

connection with insurance transactions by them; or

(10) an 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."

Section 5. Section 61-27A-5 NMSA 1978 (being Laws 1993,

Chapter 212, Section 5) is amended to read:

"61-27A-5. ADMINISTRATION OF ACT--RULES.--

A. The department shall enforce and administer the

provisions of the Private Investigations Act.

B. The department shall keep a record of each

individual licensee.

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C. The department shall adopt and enforce rules

necessary to carry out the provisions of the Private

Investigations Act, including establishing professional

ethical standards.

D. The department shall adopt rules regarding:

(1) licensing private investigators, private

investigations managers, private investigation companies,

private patrol operators, private patrol operations managers,

private patrol employees and polygraph examiners;

(2) registering private investigations

employees, security guards and private patrol employees;

(3) establishing minimum training and

educational standards for licensure and registration;

(4) establishing continuing education

requirements;

(5) establishing and operating a branch

office;

(6) creating a policy on reciprocity with

other states and territories of the United States;

(7) providing permits for security guards

for special events; and

(8) conducting background investigations."

Section 6. A new section of the Private Investigations

Act, Section 61-27A-5.1 NMSA 1978, is enacted to read:

"61-27A-5.1. PRIVATE INVESTIGATIONS ADVISORY BOARD--

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CREATED--MEMBERS.--

A. The "private investigations advisory board" is

created.

B. The superintendent of regulation and licensing

shall appoint members to the advisory board to assist in the

conduct of the examination process for licensees and

registrants and to assist the department in other manners as

requested by the superintendent or provided for in rules of

the department.

C. The advisory board members shall consist of at

least the following:

(1) two private investigators;

(2) one private patrol operator;

(3) one polygraph examiner; and

(4) one member of the public.

D. Members of the advisory 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.

E. The public member of the advisory board or the

public member's spouse shall not:

(1) have been licensed pursuant to the

Private Investigations Act, the Private Investigators and

Polygraphers Act or any prior similar statutory provisions;

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(2) have a direct or indirect financial

interest in a private investigation company, private patrol

company, polygraph business or a related business."

Section 7. 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 as a

private investigator to 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 department in rule, including

that the applicant:

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

(2) is of good moral character;

(3) has successfully passed an examination

as required by department rule;

(4) has not been convicted of a felony

offense, an offense involving dishonesty or an offense

involving an intentional violent act or the illegal use or

possession of a deadly weapon and has not been found to have

violated professional ethical standards as defined by the

department; and

(5) has at least three years' experience

that has been acquired within the five years preceding the

filing of the application with the department of actual work

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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;

recovery of lost or stolen property;

(d) the cause or responsibility for

fire, losses, motor vehicle or other accidents or damage or

injury to persons or property; or

(e) securing evidence to be used before

a court, administrative tribunal, board or investigating

committee or for a law enforcement officer.

B. Years 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 department as it deems

warranted. The burden of proving necessary experience is on

the applicant."

Section 8. A new section of the Private Investigations

Act, Section 61-27A-6.1 NMSA 1978, is enacted to read:

"61-27A-6.1. PRIVATE INVESTIGATION COMPANY--

REQUIREMENTS FOR LICENSURE.--

A. The department shall issue a license for a

private investigation company to a person that files a

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completed application accompanied by the required fees and

that submits satisfactory evidence that the applicant:

(1) if an individual, is of good moral

character; or if a legal business entity, the owners,

officers or directors of the entity are of good moral

character;

(2) if an individual, has not been convicted

of a felony offense, an offense involving dishonesty, an

offense involving an intentional violent act or the illegal

use or possession of a deadly weapon and has not been found

to have violated professional ethical standards; or if a

legal business entity, the owners, officers or directors of

the entity, either singly or collectively, have not been

convicted of a felony offense or an offense involving

intentional violent acts or the illegal use or possession of

deadly weapons and have not been found to have violated

professional ethical standards;

(3) maintains a surety bond in the amount of

ten thousand dollars ($10,000); however, private

investigators who provide personal protection or bodyguard

services shall maintain general liability insurance as

specified in the Private Investigations Act in lieu of the

surety bond required by the provisions of this paragraph;

(4) has an owner or a licensed private

investigations manager who is licensed as a private

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investigator and who manages the daily operations of the

private investigation company;

(5) maintains a physical location in New

Mexico where records are maintained and made available for

department inspection;

(6) maintains a New Mexico registered agent

if the applicant is a private investigation company located

outside of New Mexico; and

(7) meets all other requirements set forth

in the rules of the department.

B. The owner or the chief executive officer of a

private investigation company that provides personal

protection or bodyguard services shall maintain a general

liability certificate of insurance in an amount required by

the department. The department shall suspend the license

issued pursuant to this section of a private investigation

company that fails to maintain an effective general liability

certificate of insurance as required. The department shall

not reinstate the license of a private investigation company

that has had its license suspended pursuant to this

subsection until an application is submitted to the

department with the necessary fees and a copy of the private

investigation company's general liability certificate of

insurance in effect. The department may deny an application

for reinstatement of a private investigation company's

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license, notwithstanding the applicant's compliance with this

subsection for:

(1) a reason that would justify a denial to

issue a new private investigation company license or that

would be cause for a suspension or revocation of a private

investigation company's license; or

(2) the performance by the applicant of an

act requiring a license issued pursuant to the Private

Investigations Act while the applicant's license is under

suspension for failure to maintain the applicant's general

liability certificate of insurance in effect."

Section 9. A new section of the Private Investigations

Act, Section 61-27A-6.2 NMSA 1978, is enacted to read:

"61-27A-6.2. PRIVATE INVESTIGATIONS MANAGER--

REQUIREMENTS FOR LICENSURE--NOTIFICATION OF DEPARTMENT IN

EVENT OF TERMINATION OF EMPLOYMENT.--

A. The department shall issue a license for a

private investigations 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 department rules;

(3) is employed by the private investigation

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company that the applicant is being licensed to manage; and

(4) meets other requirements set forth in

the rules of the department.

B. A private investigations manager who ceases to

be employed by the private investigation company that the

manager is licensed to manage, before leaving the company,

shall surrender the private investigations manager's license

to the owner, officer or director who is required to

temporarily take over the management of the private

investigation company. The owner, officer or director who

temporarily takes over managing the private investigation

company within thirty days of the termination from employment

of the private investigations manager shall:

(1) notify the department of the termination

of the employment of the private investigations manager;

(2) submit the surrendered license; and

(3) submit an application to the department

naming a new private investigations manager, who shall not

begin to perform the duties of a private investigations

manager until and unless the department grants the applicant

a private investigations manager's license.

C. Failure to notify the department within thirty

days of the private investigations manager's termination from

employment subjects the license of the private investigation

company to suspension or revocation by the department.

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D. Reinstatement of the private investigation

company's license may occur only upon the filing of an

application for reinstatement and payment of the

reinstatement fee."

Section 10. A new section of the Private Investigations

Act, Section 61-27A-6.3 NMSA 1978, is enacted to read:

"61-27A-6.3. PRIVATE PATROL OPERATOR--REQUIREMENTS FOR

LICENSURE.--

A. The department 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:

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

(2) is of good moral character;

(3) has successfully passed an examination

as required by department rules;

(4) has not been convicted of a felony

offense, an offense involving dishonesty, an offense

involving an intentional violent act or the illegal use or

possession of a deadly weapon and has not been found to have

violated professional ethical standards;

(5) has at least three years' experience of

actual work performed as a security guard or an equivalent

position, one year of which shall have been in a supervisory

capacity. The experience shall have been acquired within

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five years preceding the filing of the application with the

department. Years of qualifying experience and the precise

nature of that experience shall be substantiated by written

certification from the applicant's employers and shall be

subject to independent verification by the department as it

determines is warranted. The burden of proving necessary

experience is on the applicant;

(6) is firearm certified, if the position

will require being armed with a firearm; and

(7) meets other requirements set forth in

rules of the department.

B. A private patrol operator may not investigate

acts except those that are incidental to a theft,

embezzlement, loss, misappropriation or concealment of

property or other item that the private patrol operator has

been engaged or hired to protect, guard or watch."

Section 11. A new section of the Private Investigations

Act, Section 61-27A-6.4 NMSA 1978, is enacted to read:

"61-27A-6.4. PRIVATE PATROL COMPANY--REQUIREMENTS FOR

LICENSURE.--

A. The department shall issue a license for a

private patrol company to a person who files a completed

application accompanied by the required fees and who submits

satisfactory evidence that the applicant:

(1) if an individual, is of good moral

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character; or if a legal business entity, the owners,

officers or directors of the entity are of good moral

character;

(2) if an individual, has not been convicted

of a felony offense, an offense involving dishonesty, an

offense involving an intentional violent act or the illegal

use or possession of a deadly weapon and has not been found

to have violated professional ethical standards, or if a

legal business entity, the owners, officers or directors of

the entity, either singly or collectively, have not been

convicted of a felony offense, an offense involving

dishonesty or an offense involving an intentional violent act

or the illegal use or possession of a deadly weapon and have

not been found to have violated professional ethical

standards;

(3) has an owner or a licensed private

patrol operations manager who manages the daily operations of

the private patrol company;

(4) maintains a physical location in New

Mexico where records are maintained and made available for

department inspection;

(5) maintains a New Mexico registered agent

if the applicant is a private patrol company located outside

of New Mexico; and

(6) meets all other requirements set forth

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in the rules of the department.

B. The owner or the chief executive officer of a

private patrol company shall maintain a general liability

certificate of insurance in an amount required by the

department. The department shall suspend the license issued

pursuant to this section of a private patrol company that

fails to maintain an effective general liability certificate

of insurance as required. The department shall not reinstate

the license of a private patrol company that has had its

license suspended pursuant to this subsection until an

application is submitted to the department with the necessary

fees and a copy of the private patrol company's general

liability certificate of insurance newly in effect. The

department may deny an application for reinstatement of a

private patrol company's license, notwithstanding the

applicant's compliance with this subsection for:

(1) a reason that would justify a denial to

issue a new private patrol company license or that would be

cause for a suspension or revocation of a private patrol

company's license; or

(2) the performance by the applicant of an

act requiring a license issued pursuant to the Private

Investigations Act while the applicant's license is under

suspension for failure to maintain the applicant's general

liability certificate of insurance in effect."

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Section 12. A new section of the Private Investigations

Act, Section 61-27A-6.5 NMSA 1978, is enacted to read:

"61-27A-6.5. PRIVATE PATROL OPERATIONS MANAGER--

REQUIREMENT FOR LICENSURE--NOTIFICATION OF DEPARTMENT IN

EVENT OF TERMINATION OF EMPLOYMENT.--

A. The department shall issue a license for a

private patrol operations 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

required by department rule;

(3) is employed by the private patrol

company that the applicant is being licensed to manage; and

(4) meets other requirements set forth in

the rules of the department.

B. A private patrol operations manager who ceases

to be employed by the private patrol company that the manger

is licensed to manage, before leaving the company, shall

surrender the private patrol operations manager's license to

the owner, officer or director who is required to temporarily

take over the management of the private patrol company. The

owner, officer or director who temporarily takes over

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managing the private patrol company within thirty days of the

termination from employment of the private patrol operations

manager shall:

(1) notify the department of the termination

of the employment of the private patrol operations manager;

(2) submit the surrendered license; and

(3) submit an application to the department

naming a new private patrol operations manager, who shall not

begin to perform the duties of a private patrol operations

manager until the department grants the applicant a private

patrol operations manager's license.

C. Failure to notify the department within thirty

days of the private patrol operations manager's termination

from employment subjects the license of the private patrol

company to suspension or revocation by the department.

D. Reinstatement of the private patrol company's

license may occur only upon the filing of an application for

reinstatement and payment of the reinstatement fee."

Section 13. A new section of the Private Investigations

Act, Section 61-27A-6.6 NMSA 1978, is enacted to read:

"61-27A-6.6. POLYGRAPH EXAMINER.--The department 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:

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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 involving an

intentional violent act or the illegal use or possession of a

deadly weapon and has not been found to have violated

professional ethical standards;

E. has graduated from an accredited polygraph

examiners course approved by the department;

F. has:

(1) completed a probationary operational

competency period and passed an examination of ability

approved by the department 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 department."

Section 14. A new section of the Private Investigations

Act, Section 61-27A-6.7 NMSA 1978, is enacted to read:

"61-27A-6.7. PRIVATE INVESTIGATIONS EMPLOYEE--

REGISTRATION--REQUIREMENTS.--

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A. On or after July 1, 2007, every individual who

seeks employment or is currently employed as a private

investigations employee or who provides services on a

contract basis to a private investigation company shall file

an application for registration as a private investigations

employee with the department.

B. The department shall issue a registration for a

private investigations 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 twenty-one 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 department rule;

(5) has not been convicted of a felony

involving an intentional violent act or the illegal use or

possession of a deadly weapon and has not been found to have

violated professional ethical standards;

(6) shall be employed by, or shall contract

with a private investigation company to provide investigation

services for, a private investigation company, under the

direct control and supervision of a private investigator; and

(7) meets other requirements set forth in

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rules of the department.

C. If the contract or employment of a private

investigations employee with a private investigation company

terminates for any reason, the registration of the individual

as a private investigations employee immediately terminates.

The private investigations employee shall turn over the

employee's registration to the private investigation company

upon ceasing employment with that company.

D. A private investigation company shall notify

the department within thirty days from the date of

termination of employment of a private investigations

employee of the employment termination and return the

employee's registration to the department."

Section 15. A new section of the Private Investigations

Act, Section 61-27A-6.8 NMSA 1978, is enacted to read:

"61-27A-6.8. SECURITY GUARD--LEVELS OF REGISTRATION.--

A. A security guard shall be registered at one of

the three levels enumerated in this section that are based on

experience, age and other qualifications of the registrant:

(1) level one is the entry level

registration for security guards who will be working in a

position not requiring the registrant to carry arms;

(2) level two is the intermediate level

registration for security guards who are required to be armed

but not with firearms; and

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(3) level three is the advanced level

registration for security guards who may be required to be

armed with a firearm.

B. Each security guard shall receive a card issued

by the department in the security guard's name with a

definite expiration date that shall be carried by the

security guard at all times when the security guard is

performing duties that require the security guard to be

registered pursuant to the provisions of this section. A

security guard is not required to obtain a new card each time

the security guard changes employment."

Section 16. A new section of the Private Investigations

Act, Section 61-27A-6.9 NMSA 1978, is enacted to read:

"61-27A-6.9. SECURITY GUARD--LEVEL ONE--REGISTRATION--

REQUIREMENTS.--

A. On or after July 1, 2007, every individual

seeking employment or employed as a level one security guard

shall file an application for registration with the

department.

B. The department 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;

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(3) has successfully completed an

examination as required by department rule;

(4) has not been convicted of a felony or an

offense involving dishonesty, an offense involving an

intentional violent act or the illegal use or possession of a

deadly weapon and has not been found to have violated

professional ethical standards;

(5) has completed a curriculum approved in

department rule consisting of level one security guard

training prior to being placed on a guard post for the first

time as a level one security guard; that training may be

provided by:

(a) a public educational institution in

New Mexico or an educational institution licensed by the

higher education department pursuant to the Post-Secondary

Educational Institution Act;

(b) an in-house training program

provided by a licensed private patrol company using a

curriculum approved by the department; or

educational institution using a curriculum approved by the

department and complying with department standards set forth

in department rules;

(6) is employed by a private patrol company

under the direct supervision of a licensed private patrol

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SPAC/SB 621

Page 29

operator, a level three security guard or a private patrol

operations manager; and

(7) meets other requirements set forth in

department rules.

C. A private patrol company shall notify the

department within thirty days from the date of termination of

a level one security guard of the employment termination."

Section 17. A new section of the Private Investigations

Act, Section 61-27A-6.10 NMSA 1978, is enacted to read:

"61-27A-6.10. SECURITY GUARD--LEVEL TWO--REGISTRATION--

REQUIREMENTS.--

A. On or after July 1, 2007, every individual

seeking employment or employed as a level two security guard

shall file an application for registration with the

department.

B. The department 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) meets the requirements to be granted

registration as a level one security guard and maintains in

good standing a current registration as a level one security

guard;

(2) has successfully completed an

examination as required by department rule;

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SPAC/SB 621

Page 30

(3) possesses a high school diploma or its

equivalent;

(4) in addition to the training required to

be registered as a level one security guard, has completed a

curriculum approved in department rule of level two security

guard training prior to being placed on a guard post for the

first time as a level two security guard; that training may

be provided by:

(a) a public educational institution in

New Mexico or an educational institution licensed by the

higher education department pursuant to the Post-Secondary

Educational Institution Act;

(b) an in-house training program

provided by a licensed private patrol company using a

curriculum approved by the department;

academy; or

(d) any other department-approved

educational institution using a curriculum approved by the

department and complying with department standards set forth

in department rules;

(5) is employed by a private patrol company

under the direct supervision of a licensed private patrol

operator, a level three security guard or a private patrol

operations manager; and

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(6) meets other requirements set forth in

department rules.

C. A private patrol company shall notify the

department within thirty days from the date of termination of

a level two security guard of the employment termination."

Section 18. A new section of the Private Investigations

Act, Section 61-27A-6.11 NMSA 1978, is enacted to read:

"61-27A-6.11. SECURITY GUARD--LEVEL THREE--

REGISTRATION--REQUIREMENTS.--

A. On or after July 1, 2007, every individual

seeking employment or employed as a level three security

guard shall file an application for registration with the

department.

B. The department 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) meets the requirements to be granted

registration as a level two security guard and maintains in

good standing a current registration as a level two security

guard;

(3) has successfully completed an

examination as required by department rule;

(4) possesses a high school diploma or its

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Page 32

equivalent;

(5) in addition to the training required to

be registered as a level two security guard and before the

applicant shall be placed for the first time at a guard post

as a level three security guard, has completed a curriculum

approved by the department consisting of the minimum training

for firearm certification prescribed by the department;

provided that the additional training required by the

department is provided by:

(a) a public educational institution in

New Mexico or an educational institution licensed by the

higher education department pursuant to the Post-Secondary

Educational Institution Act;

(b) an in-house training program

provided by a licensed private patrol company using a

curriculum approved by the department;

academy; or

(d) any other department-approved

educational institution using a curriculum approved by the

department and complying with department standards set forth

in department rules;

(6) is firearm certified by the New Mexico

law enforcement academy or the national rifle association;

(7) is employed by a private patrol company

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SPAC/SB 621

Page 33

under the direct supervision of a licensed private patrol

operator, another level three security guard or a private

patrol operations manager;

(8) beginning on July 1, 2009, has

successfully passed a psychological evaluation as prescribed

by the department to determine suitability for carrying

firearms; and

(9) meets other requirements set forth in

department rules.

C. A private patrol company shall notify the

department within thirty days from the date of termination of

a level two security guard of the employment termination."

Section 19. A new section of the Private Investigations

Act, Section 61-27A-6.12 NMSA 1978, is enacted to read:

"61-27A-6.12. SPECIAL EVENT PERMIT--NONRESIDENT

SECURITY GUARD PROCEDURE--QUALIFICATIONS--PROHIBITED USE.--

A. A private patrol company employing a

nonresident security guard temporarily for a special event

shall apply to the department for and may be issued a special

event permit for each nonresident security guard qualified to

be employed at the special event.

B. A special event permit is issued for a specific

nonresident security guard and a specific special event and

shall not be transferred to another security guard or used

for a special event other than for the special event for

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SPAC/SB 621

Page 34

which the permit is issued.

C. To be issued a special event permit, a private

patrol company shall provide the department with a

description of the special event, its location and the dates

on which the temporary nonresident security guard will be

employed to provide services at the special event. A special

event permit shall bear the name of the private patrol

company and contact information, the name of the nonresident

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 department.

D. A special event permit shall be issued only to

an individual who qualifies for a level one or higher

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 specified by

the department.

E. A special event permit requiring a security

guard to carry a firearm shall only be issued to an

individual who is qualified to be registered as a level three

security guard.

F. It is a violation of the Private Investigations

Act for a private patrol company to circumvent the

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SPAC/SB 621

Page 35

registration process for permanent or long-term part-time

employment of security guards through use of the provisions

of this section."

Section 20. A new section of the Private Investigations

Act, Section 61-27A-7.1 NMSA 1978, is enacted to read:

"61-27A-7.1. FEES.--

A. The department shall establish a schedule of

reasonable fees as follows:

(1) private investigator fees:

(a) application fee, not to exceed one

hundred dollars ($100);

(b) initial private investigator's

license fee or license renewal fee, not to exceed three

hundred dollars ($300); and

manager license fee or license renewal fee, not to exceed two

hundred dollars ($200);

(2) private patrol operator fees:

(a) application fee, not to exceed one

hundred dollars ($100);

(b) initial private patrol operator's

license fee or license renewal fee, not to exceed three

hundred dollars ($300); and

manager license fee or license renewal fee, not to exceed two

pg_0036

SPAC/SB 621

Page 36

hundred dollars ($200);

(3) security guard fees:

(a) level one or level two security

guard registration fee or registration renewal fee, not to

exceed fifty dollars ($50.00); and

(b) level three security guard

registration fee or registration renewal fee, not to exceed

seventy-five dollars ($75.00);

(4) polygraph examiners:

(a) application fee, not to exceed one

hundred dollars ($100);

(b) initial polygraph examiner's

license fee or license renewal fee, not to exceed four

hundred dollars ($400); and

hundred dollars ($100); and

(5) other fees applying to private

investigators, private patrol operators and polygraph

examiners:

(a) change in license fee, not to

exceed two hundred dollars ($200);

(b) late fee on license or registration

renewals, not to exceed one hundred dollars ($100);

exceed one hundred dollars ($100); and

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SPAC/SB 621

Page 37

(d) special event license fee for a

private patrol company, not to exceed fifty dollars ($50.00).

B. Fees charged by the department shall not be

increased prior to fiscal year 2009."

Section 21. A new section of the Private Investigations

Act, Section 61-27A-8.1 NMSA 1978, is enacted to read:

"61-27A-8.1. LICENSE AND REGISTRATION RENEWAL.--

A. A license or registration granted pursuant to

the provisions of the Private Investigations Act shall be

renewed by the department annually unless the term of the

license is set by the department in rule to be a longer

period.

B. A licensee or registrant with an expired

license or registration shall not perform an activity for

which a license or registration is required pursuant to the

Private Investigations Act until the license or registration

has been renewed or reinstated.

C. The department may require proof of continuing

education credits or other proof of competency as a

requirement of renewal or reinstatement of a license or

registration.

D. A license or registration issued to a person

pursuant to the Private Investigations Act shall not be

transferred or assigned."

Section 22. Section 61-27A-9 NMSA 1978 (being Laws

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SPAC/SB 621

Page 38

1993, Chapter 212, Section 9) is amended to read:

"61-27A-9. DISPLAY OF LICENSE--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 copy of the registration of each registrant

employed by a private investigation company or a private

patrol company shall be maintained in the main New Mexico

office of the company and in the branch office in which the

registrant works.

C. A registration card issued by the department

shall at all times be in the possession of and located on the

person of a registrant when working.

D. A security guard shall wear the registration

card on the outside of the guard's uniform so that the card

is visible to others.

E. A licensee, including owners, officers or

directors of a private investigation company or a private

patrol company, or a registrant shall notify the department

immediately in writing of a change in the mailing or contact

address of the licensee or registrant.

F. Failure to notify the department within thirty

days of changes required to be reported pursuant to this

section or failure to carry or display a registration as

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SPAC/SB 621

Page 39

required is grounds for suspension of a license or

registration."

Section 23. A new section of the Private Investigations

Act, Section 61-27A-10.1 NMSA 1978, is enacted to read:

"61-27A-10.1. GENERAL OPERATIONS PROVISIONS OF

COMPANIES--MANAGEMENT--LIABILITY FOR EMPLOYEES' CONDUCT--

MAINTENANCE OF RECORDS REQUIRED--REQUIRED AND PERMITTED

ACTIVITIES--ALLOWED CATEGORIES OF UNLICENSED EMPLOYEES.--

A. An owner of a private investigation company

providing services in New Mexico shall operate, direct,

control and manage that company provided that the owner is

licensed as a private investigator. An owner of a private

investigation company who is not licensed as a private

investigator shall employ a private investigator as a private

investigations manager and shall turn over the operation,

direction, control and management of the private

investigation company to that manager.

B. An owner of a private patrol company providing

services in New Mexico shall operate, direct, control and

manage that company, provided that the owner is licensed as a

private patrol operator or registered as a level three

security guard. An owner of a private patrol company who is

not licensed as a private patrol operator or registered as a

level three security guard shall employ a private patrol

operations manager and shall turn over the operation,

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SPAC/SB 621

Page 40

direction, control and management of the private patrol

company to that manager.

C. A private investigation company or a private

patrol company shall not conduct business under a fictitious

name until the company has obtained the authorization for use

of the name from the department. The department 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 of an existing private investigation company or

private patrol company.

D. A private investigation company is liable for

the conduct of the company's employees, including the conduct

of its private investigations manager.

E. A private patrol company is liable for the

conduct of the company's employees, including the conduct of

its private patrol operations manager.

F. A private investigation company or a private

patrol company shall maintain records of the qualifications,

performance and training of all of its current and former

employees as required by the department. The records are

subject to inspection by the department upon reasonable

notice to the owner or private investigations manager or

private patrol operations manager.

G. Except as otherwise provided in this section,

every employee of a licensed private investigation company or

pg_0041

SPAC/SB 621

Page 41

private patrol company shall be licensed or registered by the

department as employees of the company with which the

employee is employed; provided, however, that a licensee or

registrant may work for more than one company concurrently.

H. A licensee or registrant shall notify the

department in writing within thirty days of each change in

the licensee's or registrant's employment by filing an

amendment to the licensee's or registrant's application

obtained from the department. If a licensee or registrant

ceases to be employed by a private investigation company or a

private patrol company, the licensee or registrant shall

notify the department in writing within thirty days from the

date the licensee or registrant ceases employment with that

company.

I. A private investigation company or a private

patrol company shall notify the department within thirty days

of a change in ownership structure or, if a corporation, a

change in the membership of the board of directors.

J. Employees of a private investigation company or

a private patrol company who are engaged exclusively to

perform stenographic, typing, word processing, secretarial,

receptionist, accounting, bookkeeping, information technology

or other business applications or support functions and who

do not perform the work of a private investigator, a private

patrol operator or a security guard are not required to be

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SPAC/SB 621

Page 42

licensed or registered pursuant to the Private Investigations

Act.

K. An individual who is not licensed or qualified

to be employed as a private investigations manager or a

private patrol operations manager shall not be employed to

perform the duties required of those managers."

Section 24. Section 61-27A-11 NMSA 1978 (being Laws

1993, Chapter 212, Section 11) is amended to read:

"61-27A-11. BOND REQUIRED.--

A. A private investigation company shall file with

the department a surety bond in the amount of ten thousand

dollars ($10,000) executed by a surety company authorized to

do business in this state.

B. The owner or the chief executive officer of a

private investigation company that provides personal

protection or bodyguard services or the owner or the chief

executive office of a private patrol company shall maintain a

general liability certificate of insurance in an amount

required by the department.

C. A surety bond in the amount of ten thousand

dollars ($10,000) or a general liability certificate of

insurance executed and filed with the department pursuant to

the Private Investigations Act shall remain in force until

the surety company issuing the bond or the certificate has

terminated future indemnity by notice to the department."

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SPAC/SB 621

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Section 25. Section 61-27A-12 NMSA 1978 (being Laws

1993, Chapter 212, Section 12) is amended to read:

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

A. A licensee or registrant may divulge to a law

enforcement officer or district attorney, the attorney

general or the attorney general's representatives information

the licensee or registrant acquires concerning a criminal

offense, but the licensee or registrant shall not divulge to

any other person, except as the licensee or registrant is

required by law, information acquired by the licensee or

registrant except at the direction of the licensee's or

registrant's employer or the client for whom the information

was obtained.

B. No licensee or registrant shall knowingly make

a false report to the licensee's or registrant's 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, or a person authorized by the

licensee, 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 private investigator, private investigations

manager or private investigations employee shall use a badge

in connection with the official activities of the licensee's

or employee's employment for a private investigation company.

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SPAC/SB 621

Page 44

E. No licensee or registrant shall use a title or

wear a uniform, use an insignia, use an identification card

or make a statement with the intent to give an impression

that the licensee or registrant is connected in any way with

the federal or state government or a political subdivision of

either.

F. No private patrol operator licensee, private

patrol operations 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 a proceeding involving a claim and delivery

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 an activity not previously

and specifically agreed to by written consent."

Section 26. 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 may deny, suspend

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SPAC/SB 621

Page 45

or revoke a license or registration held or applied for under

the Private Investigations 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 a provision of the Private

Investigations Act;

C. violated a rule of the department adopted

pursuant to the Private Investigations Act;

D. has been convicted of a felony or any crime

involving dishonesty or illegally using, carrying or

possessing a deadly weapon;

E. impersonated or permitted or aided and abetted

an employee of a private investigation company or private

patrol company to impersonate a law enforcement officer or

employee of the United States or of a state or political

subdivision of either;

F. committed or permitted an employee of a private

investigation company or a private patrol company to commit

an act while the license or registration of the person

licensed or registered pursuant to the Private Investigations

Act was expired that would be cause for the suspension or

pg_0046

SPAC/SB 621

Page 46

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 a person without justification;

I. knowingly violated or advised, encouraged or

assisted the violation of a court order or injunction in the

course of business of the licensee or registrant;

J. knowingly issued a worthless or otherwise

fraudulent payroll check that is not redeemed within two days

of denial of payment by 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;

M. while unlicensed, committed or aided and

abetted the commission of any act for which a license is

required under the Private Investigations Act; or

N. has been found to have violated the

requirements of a state or federal labor, tax or employee

benefit law or rule."

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Section 27. Section 61-27A-14 NMSA 1978 (being Laws

1993, Chapter 212, Section 14) is amended to read:

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

A. A person who is denied a license or

registration or who has a license or registration suspended

or revoked shall be entitled to a hearing before the

department if within twenty days after the denial, suspension

or revocation a request for a hearing is received by the

department. The procedures of the Uniform Licensing Act

shall be followed pertaining to the hearing to the extent

that they do not conflict with the provisions of the Private

Investigations Act.

B. In accordance with the provisions of the

Uniform Licensing Act, and in addition to other penalties

provided by law, the department may impose the following:

(1) for a violation of the Private

Investigations 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

department to be engaging in a practice regulated by the

department without an appropriate license or registration,

civil penalties not to exceed one thousand dollars ($1,000)."

Section 28. Section 61-27A-16 NMSA 1978 (being Laws

1993, Chapter 212, Section 16) is amended to read:

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

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SPAC/SB 621

Page 48

A. A license or registration issued pursuant to

the Private Investigations Act shall not be transferred or

assigned.

B. The department shall adopt by rule procedures

for changes in the name or management of a private

investigation company or private patrol company. If the

private investigation company or private patrol company fails

to comply with the procedures established by department rule,

the private investigation company or private patrol company

shall be considered to be operating without a license."

Section 29. 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 Investigations Act shall not prevent the local

authorities of a city or county by ordinance and within the

exercise of the police power of the city or county from

imposing local ordinances upon a street patrol special

officer or on a person licensed or registered pursuant to the

Private Investigations Act if the ordinances are consistent

with that act."

Section 30. Section 61-27A-18 NMSA 1978 (being Laws

1993, Chapter 212, Section 18) is amended to read:

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

A. The "private investigations fund" is created in

the state treasury.

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SPAC/SB 621

Page 49

B. All license and registration fees received by

the department pursuant to the Private Investigations Act

shall be deposited in the fund and are appropriated to the

department to be used for the administration and

implementation of that act.

C. The state treasurer shall invest the fund as

other state funds are invested, and all income derived from

investment of the fund shall be credited to the fund.

D. All balances in the fund shall remain in the

fund and shall not revert to the general fund.

E. The department shall administer the fund, and

money in the fund shall be expended by warrant issued by the

secretary of finance and administration on vouchers signed by

the superintendent of regulation and licensing.

F. No more than five percent of the fund shall be

used by the department for administration of the fund."

Section 31. A new section of the Private Investigations

Act, Section 61-27A-19.1 NMSA 1978, is enacted to read:

"61-27A-19.1. FIREARMS.--A private investigator, a

private patrol operator, a private investigations employee, a

level three security guard or a private patrol operations

employee may carry a firearm upon successful completion of

the mandatory firearm training required by rules of the

department."

Section 32. Section 61-27A-20 NMSA 1978 (being Laws

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SPAC/SB 621

Page 50

1993, Chapter 212, Section 20) is amended to read:

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

A. A person who engages in a business regulated by

the Private Investigations Act who fraudulently makes a

representation as being a licensee or registrant is guilty of

a misdemeanor and if convicted shall be sentenced pursuant

Section 31-19-1 NMSA 1978.

B. An individual who fraudulently represents that

the individual is employed by a licensee is guilty of a petty

misdemeanor and if convicted shall be sentenced pursuant to

Section 31-19-1 NMSA 1978.

C. A person who violates a mandatory requirement,

as set forth by the department in rule, of the Private

Investigations Act, is guilty of a petty misdemeanor except

as provided in Subsection A of this section and if convicted

shall be sentenced pursuant to Section 31-19-1 NMSA 1978."

Section 33. A new section of the Private Investigations

Act is enacted to read:

"RECIPROCITY.--

A. The department may enter into a reciprocity

agreement with another state for the purpose of licensing or

registering applicants to perform activities regulated by the

Private Investigations Act.

B. An applicant from another state at the time of

application for licensure or registration in New Mexico shall

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Page 51

be licensed or registered in that other state to perform the

services for which the applicant is seeking a New Mexico

license or registration.

C. The department may develop rules that allow for

reciprocity on a temporary or limited basis without requiring

an applicant licensed or registered in another state subject

to a reciprocity agreement to be licensed or registered in

New Mexico; provided that the state of licensure or

registration:

(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 for at least one year in the state with

reciprocity that are required to be licensed or registered

pursuant to the Private Investigations Act."

Section 34. A new section of the Private Investigations

Act is enacted to read:

"BACKGROUND INVESTIGATIONS.--

A. The department shall adopt rules that:

(1) are developed in conjunction with the

department of public safety that require background

investigations of all persons licensed or registered pursuant

to the Private Investigations Act to determine if the person

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Page 52

has a criminal history;

(2) require all applicants for licensure or

registration to be fingerprinted on two fingerprint cards or

electronically as required for submission to the federal

bureau of investigation to conduct a national criminal

history investigation and for submission to the department of

public safety to conduct a state criminal history

investigation;

(3) provide for an applicant to inspect or

challenge the validity of the record developed by the

background investigation if the applicant is denied a license

or registration; and

(4) establish a fee for fingerprinting and

conducting a background investigation for an applicant.

B. Arrest record information received from the

federal bureau of investigation and department of public

safety 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

criminal history information from the federal bureau of

investigation and the department of public safety.

D. Electronic live scans may be used for

conducting criminal history investigations."

Section 35. A new section of the Private Investigations

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Act is enacted to read:

"TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--The

private investigations advisory board is terminated on

July 1, 2011 pursuant to the Sunset Act. The board shall

continue to operate according to the provisions of the

Private Investigations Act until July 1, 2012. Effective

July 1, 2012, Chapter 61, Article 27A NMSA 1978 is repealed."

Section 36. 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, 2007

shall apply for registration pursuant to the Private

Investigations Act prior to October 31, 2007 to receive

registration without meeting the examination or educational

requirements of the Private Investigations Act.

B. Between July 1, 2007 and October 31, 2007, an

individual shall be registered as a level three security

guard without examination or further qualification by the

regulation and licensing department if the individual:

(1) worked as a security guard, watchman,

loss prevention officer or patrolman for the five years

immediately preceding July 1, 2007 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, 2007 to

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carry a firearm in the course of the individual's 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 by the regulation

and licensing department as a level one security guard if the

individual applies for registration pursuant to the Private

Investigations Act between July 1, 2007 and October 31, 2007,

except as provided in Subsection D of this section.

D. If the regulation and licensing department

finds, upon application by a security guard, watchman, loss

prevention officer or patrolman who is employed in that

capacity prior to July 1, 2007, that the applicant has

applied in a timely manner and presents exceptional

circumstances, as determined by the regulation and licensing

department, in which the applicant demonstrates cause for

that applicant to be registered as a level two security

guard, the department 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 Investigations Act,

provided that the private investigator's or private patrol

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operator's license remains current and the holder remains in

good standing with the regulation and licensing department.

F. A rule adopted by the regulation and licensing

department pursuant to the Private Investigators and

Polygraphers Act shall remain in effect until the regulation

and licensing department adopts rules to implement the

Private Investigations Act.

G. The regulation and licensing department shall

continue to register and license individuals pursuant to the

Private Investigators and Polygraphers Act until

July 1, 2007, or, if rules are not adopted by the regulation

and licensing department to implement the Private

Investigations Act by July 1, 2007, until the regulation and

licensing department adopts rules to implement the Private

Investigations Act. However, rules shall be adopted and the

regulation and licensing department shall begin to license

and register applicants pursuant to the Private

Investigations Act no later than September 1, 2007.

H. Money in the private investigator and

polygrapher fund is transferred on July 1, 2007 to the

private investigations fund.

I. Except as provided in Subsections C and D of

this section, a person licensed or registered pursuant to the

Private Investigators and Polygraphers Act prior to

July 1, 2007 shall be licensed or registered pursuant to the

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Private Investigations Act on or after July 1, 2007 at a

level of licensure or registration equivalent to that level

that the person held prior to July 1, 2007 without further

training or examination; provided that the person:

(1) applies for licensure or registration

pursuant to the Private Investigations Act no later than

October 31, 2007;

(2) shall be subject to any disciplinary

proceedings initiated prior to July 1, 2007 or disciplinary

action resulting from the proceedings due to the licensee's

or registrant's unethical conduct or actions or inactions

taken in violation of the Private Investigators and

Polygraphers Act; and

(3) remains otherwise eligible to be

licensed or registered pursuant to the Private Investigations

Act.

Section 37. REPEAL.--Sections 61-27A-7, 61-27A-8,

61-27A-10, 61-27A-19 and 61-27A-21 NMSA 1978 (being Laws

1993, Chapter 212, Sections 7, 8, 10 and 19 and Laws 2000,

Chapter 4, Section 16, as amended) are repealed.

Section 38. EFFECTIVE DATE.--The effective date of the

provisions of this act is July 1, 2007.