SENATE BILL 287

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

Jacob R. Candelaria

AN ACT

RELATING TO LICENSURE; PROVIDING THAT AN ASSOCIATE'S DEGREE OR A BACCALAUREATE DEGREE IN A RELEVANT PROGRAM OF STUDY MAY BE CONSIDERED QUALIFYING EXPERIENCE TOWARD A PRIVATE INVESTIGATOR'S LICENSE.

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

     SECTION 1. Section 61-27B-7 NMSA 1978 (being Laws 1993, Chapter 212, Section 6, as amended) is amended to read:

     "61-27B-7. REQUIREMENTS FOR LICENSURE.--

          A. The department shall issue a license as a private investigator to [an individual] a person 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 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;

                     (c) the location, disposition or 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 or by submission of proof that the applicant was awarded an associate's degree or a baccalaureate degree in a relevant field of study and shall be subject to independent verification by the department as it deems warranted. Subject to the department's review and verification, an associate's degree in a relevant program of study shall be considered the equivalent of two thousand hours of qualifying experience and a baccalaureate degree in a relevant program of study shall be considered the equivalent of four thousand hours of qualifying experience. The burden of proving necessary experience is on the applicant."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2016.

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