House of Representatives

HB 2444

private investigators; exemptions; business observations

Sponsors: Representative Leff

DPA	Committee on CED
DPA	Caucus and COW
X	As Transmitted to the Governor

HB 2444 exempts an individual hired to observe purchases of products or services from the licensure requirements of a private investigator.

History

Private investigators are licensed by the Department of Pubic Safety to engage in the business of obtaining information with reference to a person’s identity, conduct, location, reputation or character. Insurance adjusters and on-duty peace officers do not have to be licensed private investigators.

Frequently, service industries hire mystery shoppers to observe and report on the service of a particular business or employee. The services provided by a mystery shopper require a private investigator license.

HB 2444 exempts mystery shoppers from the private investigator licensure requirements.

Provisions

HB 2444 exempts individuals, firms and corporations or their employees from the private investigator licensure requirement as long as the information obtained comes from questionnaires pre-approved by the business establishment. It also exempts persons or entities certified or registered by the Supreme Court from the private investigator licensure requirement while performing duties pursuant to statute. The information may be used for employee training or incentives.

The bill prohibits using the information obtained to prosecute an employee. A single evaluation may not be used as the sole reason for terminating an employee.

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44th Legislature

Second Regular Session 2 May 15, 2001

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