An Act To Enhance Professionalism of Private Investigators in this State
Maine Legislature, Session 121, LD 1014
Committee: Criminal Justice and Public Safety
Sponsors: BUNKER, CARPENTER
Amends: 32 MRSA §8104, 32 MRSA §810, 32 MRSA §8114

Legislative Document 
No. 1014 
H.P.735 
. House of Representatives, February 25, 2003 
An Act To Enhance Professionalism of Private Investigators in this 
State 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
111~/h·~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative BUNKER of Kossuth Township. 
Cosponsored by Senator CARPENTER of York. 
Prinled on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 32 MRSA §8104, sub-§2, "J and K, as enacted by PL 
1981, c. 126, §2, are amended to read: 
6, 
J. 
A 
person possessing 
a 
valid private 
investigator's 
license granted under any prior existing provision of law of 
this State, provided that, upon expiration of the license, 
the person saall-ae is governed by this section; e~ 
K. 
An employee of a person not licensed under this chapter 
to do private investigative work, 
including a proprietary 
security organization, provided that the employee performs 
investigative functions solely for the employer and relating 
to the conduct of the employer's businessT L-Q£ 
Sec. 2. 32 MRSA §8104, sub-§2"L is enacted to read: 
L. 
An individual who holds a valid private investigator's 
license from another state or territory of the United States 
and is investigating a case in this State, if: 
(1) The state or territory in which the 
licensed grants reciprocity to private 
individual is 
investigators 
licensed in this State; 
(2) 
The 
case 
being 
investigated 
by 
the 
individual 
originated in the state or territory in which 
the 
individual is licensed; 
(3) 
The 
individual has 
spent 
no 
more 
than 
days 
investigating the case in this State; 
( 4) 
The 
individual 
does 
not 
solicit 
investigation 
business 
in 
this 
State 
during 
the 
individual's investigation of the case; and 
(5) The individual does not establish a residence or a 
private investigation business in this State during the 
individual's investigation of the case. 
Sec. 3. 32 MRSA §810S, sub-§7-A, ,A, as amended by PL 2001, c. 
298, §3, is further amended to read: 
A. 
Has been employed for consideration under the direct 
supervision of a licensed private investigator for a minimum 
of 1, 700 hours as an investigative assistant possessing 
i'l 
valid license issued by the commissioner. 
The 1,700 hours 
must have been completed within 6-yeaFs 18 months after the 
date of issuance of the investigative assistant license but 
may not have been completed in less than one year after the 
date of issuance of the license; 
Sec. 4. 32 MRS A §8109-A is enacted to read: 
§8109-A. 
Confidentiality of personal information 
If the commissioner requires an applicant or licensee to 
provide a personal residence address, telephone number or e-mail 
address 
for 
the 
purposes 
of 
original 
licensure 
or 
license 
renewal, the commissioner may not disclose that information to 
any person except as required by law. 
Sec. 5. 32 MRS A §8112, as enacted by PL 1981, c. 126, §2, is 
amended to read: 
S8112. Ineligibility of public officials 
We b person is not eligible for a license under this chapter 
wae if that person derives plenary or special law enforcement 
powers from the State or any political subdivision ~ae~eef of the 
State. 
This 
section 
does 
not 
apply 
to 
an 
investigative 
consultant. 
For the purposes of this section, 
"investigative 
consultant" means a person licensed under this chapter who has 
entered into a contract with a 
law enforcement agency in this 
State to provide investigative services or consultation to the 
law enforcement agency. 
An investigative consultant is subject 
to all confidentiality requirements of the law enforcement agency 
with which the investigative consultant is under contract. 
Sec. 5. 32 MRSA §8114, sub-§2, lIA, as enac ted by PL 1981, c. 
126, §2, is amended to read: 
A. 
To make 
any representation waiea, 
inCluding, but not 
limited to, presentation of a badge, that suggests, or waiea 
that would reasonably cause another person to believe, that 
ae 
the 
licensed private 
investigator 
is 
a 
sworn 
peace 
officer of this State, any political subdivision thereof, or 
any other state or of the Federal Government; 
SUMMARY 
This bill makes several changes to the current licensing 
requirements for private investigators. 
The bill allows, under 
certain circumstances, a private investigator licensed in a state 
or 
territory that has 
a 
reciprocal 
agreement 
with Maine 
to 
conduct 
an 
investigation 
ln 
Maine 
without 
a 
Maine 
private 
investigator's 
license. 
The 
bill 
also 
requires 
a 
private 
investigative assistant to complete 1, 700 hours of employment, 
under 
the supervision of 
a 
licensed private investigator and 
within 18 months of receiving an investigative assistant license, 
to 
be 
eligible 
for 
a 
private 
investigator's 
license. 
Additionally, 
the 
bill 
requires 
that 
a 
licensed 
private 
investigator 
complete 
hours 
of 
continuing 
professional 
education 
within 
each 
2-year 
license 
renewal 
period, 
and 
clarifies 
that 
use 
of 
a 
badge 
to 
suggest 
that 
a 
private 
investigator is a sworn peace officer of the State is unlawful.