An Act To Update and Clarify Polygraph Examiner and Private Investigator Licensing Laws Administered by the Department of Public Safety
Maine Legislature, Session 124, LD 1590
Committee: Ctiminal Justice and Public Safety
Sponsors: HASKELL
Amends: 32 MRSA §7152, 32 MRSA §7153, 32 MRSA §7153-A, 32 MRSA §7154, 32 MRSA §7154-A, 32 MRSA §7155, 32 MRSA §7156, 32 MRSA §7157, 32 MRSA §7159, 32 MRSA §7159-A, 32 MRSA §7160, 32 MRSA §7160-A, 32 MRSA §716, 32 MRSA §7162, 32 MRSA §7165, 32 MRSA §7166, 32 MRSA §7167, 32 MRSA §7168, 32 MRSA §7170, 32 MRSA §7173, 32 MRSA §7174, 32 MRSA §8102, 32 MRSA §8103, 32 MRSA §8105, 32 MRSA §8107, 32 MRSA §810, 32 MRSA §8111, 32 MRSA §8113-A, 32 MRSA §8, 32 MRSA §8114, 32 MRSA §8116, 32 MRSA §8118, 32 MRSA §8119, 32 MRSA §8120-A

Legislative Document 
No. 1590 
H.P. 1128 
House of Representatives, December 22, 2009 
An Act To Update and Clarify Polygraph Examiner and Private 
Investigator Licensing Laws Administered by the Department of 
Public Safety 
Submitted by the Department of Public Safety pursuant to Joint Rule 204. 
Recei ved by the Clerk of the House on December 18, 2009. Referred to the Committee on 
Ctiminal Justice and Public Safety pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401. 
Presented by Representative HASKELL of Portland. 
Printed llll recycled pap!.!!' 
71/6Ad: 1h· 7ll1LC:1-t2A.~/nc'i 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-l. 32 MRSA §7152, as enacted by PL 1979, c. 209, §2, is amended to 
read: 
§7152. Purpose 
It is the The purpose of this chapter is to regulate all persons who purport to be able 
to detect deception l!::!... or to verify truth of~ statements through the use of instrumentation, 
such as lie detectors, polygraphs, deceptographs, psychological stress evaluators or 
similar or related devices and instruments vlithout regard to the nomenclature applied 
thereto and this chapter shall be liberally construed to regulate all these persons and 
instruments. 'No person who purports to be able to detect deception or to verify truth of 
statements through instrumentation shall be held exempt from this chapter because of the 
terminology \yhich he may use to refer to himself, to his instrument or to his services of 
any kind. 
Sec. A-2. 32 MRSA §7153, as enacted by PL 1979, c. 209, §2, is amended to 
read: 
§7153. Definitions 
As used in this chapter, unless the context otherwise indicates, the following words 
sfla1.l- have the following meanings. 
1. Commissioner. "Commissioner" means the Commissioner of the Deoartment of 
Public Safety or designee. 
I-A. ,Examinee. "Examinee" means a person to whom a polygraph examination is 
administered. 
1-:8. Intern. "Intern" means a person participating in an internship pursuant to this 
chapter. 
2. Internship. "Internship" means the study of polygraph techniques and of the 
administration of polygraph examinations by a trainee person under the personal 
supervision and control of a licensed polygraph examiner in accordance with a course of 
study prescribed by the commissioner at the commencement of the internship. 
3. 
Person. "Person" means any natural person, firm, association, partnership, 
corporation, government agency or subdivision, or any employee or agent thereof. 
4. 
Polygraph. "Polygraph" means a lie detector, polygraph, deceptograph, 
psychological stress evaluator or other device, mechanism or an instrument, regardless of 
what it is called, ',yhich is operated or the results of '.vhich are used or interpreted by a 
polygraph examiner for the purpose of detecting designed or intended to be used to detect 
deception l!::!... or verifying verify the truth of~ statements. 
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5. Polygraph examination. "Polygraph examination" means aRj' .!! test administered 
hv a nnlvf!ranh examiner using a polygraph. 
6. Polygraph examiner. "Polygraph examiner" means aRj'.!! person who purports to 
be able to detect deception l!:!., or verifY the truth of~ statements through the use of .!! 
polygraph. 
7. 
Post-conviction sex offender polv!!raph examination. "Post-conviction sex 
offender polygraph examination" means a polygraph examination administered to assist 
in the treatment of convicted sex offenders. 
8. 
Preemployment law enforcement agency applicant polygraph screening 
examination. "Preemployment law enforcement agency applicant polygraph screening 
examination" means a polygraph examination administered to a person applying to work 
for a law enforcement agency. 
Sec. A-3. 32 MRSA §7153-A is enacted to read: 
§7153-A. Validity of polygraph examinations generally 
For the results of a polygraph examination to be recognized as valid in this State, the 
polygraph examination must, at a minimum, simultaneously record the cardiovascular 
patterns, respiratory patterns and electrodermal response patterns of an examinee during 
the course of the polygraph examination. 
Sec. A-4. 32 MRSA §7154, as amended by PL 2001, c. 386, §7, is repealed. 
Sec. A-5. 32 MRSA §7154-A is enacted to read: 
§7154-A. License requirement 
1. License required. A person may not administer a polygraph examination, or 
represent in any way that the person is a polygraph examiner or is authorized to 
administer polygraph examinations, without first being issued a license pursuant to this 
chapter. 
Sec. A-6. 32 MRSA §7155, as enacted by PL 1979, c. 209, §2, is repealed. 
Sec. A-7. 32 MRS A §7155-A is enacted to read: 
§7155-A. Polygraph examiner license qualifications 
The commissioner may issue a polygraph examiner license to an applicant who: 
1. Age. Is at least 21 years of age; 
2. Character. Has demonstrated good moral character and has not been convicted 
of a crime that is punishable by a maximum term of imprisonment equal to or exceeding 
one year or a crime enumerated in this chapter. The determination of good moral 
character must be made in writing, based upon evidence recorded by a governmental 
entity. The commissioner shall consider matters recorded within the previous 3 years, 
including, but not limited to, the following: 
A. Records of incidents of abuse by the applicant of family or household members 
provided pursuant to Title 19-A, section 4012, subsection 1; 
B. Records provided by the Department of Health and Human Services regarding the 
failure of the applicant to meet child or family support obligations; 
C. Records 0[3 or more convictions of the applicant for Class D or E crimes; 
D. Records of 3 or more civil violations by the applicant; or 
E. 
Records that the applicant has engaged in recklessness or negligence that 
endangered the safety of others, including the use of weapons or motor vehicles; 
3. Graduation. Is a graduate of an accredited high school or has been granted high 
school equivalency status by the State; 
4. Application. Submits an application approved by the commissioner that, at a 
minimum, includes the following information from the applicant: 
A. The applicant's full name; 
B. 
The applicant's full current residential address and the applicant's residential 
addresses during the previous 5 years; 
C. 
A written statement, signed by the applicant, granting the commissioner the 
authority to check the criminal records of any law enforcement agency that pertain to 
any matter involving the applicant. The applicant must agree to submit to having the 
applicant's fingerprints taken if it becomes necessary to resolve any question as to the 
applicant's identity; and 
D. Answers to the following questions: 
(1) Are you currently under indictment or information for a crime for which the 
possible penalty is imprisonment for a period equal to or exceeding one year? 
(2) Have you ever been convicted of a crime for which the possible penalty was 
imprisonment for a period equal to or exceeding one year? 
(3) Are you a fugitive from justice? 
(4) Are you an unlawful user of or addicted to marijuana or any other drug? 
(5) Are you an illegal alien? 
By affixing the applicant's signature to the application, the applicant certifies that the 
information in the application is true and correct and that the applicant understands that 
an affirmative answer to any of the questions in paragraph D is cause for a license to be 
denied; 
5. Military discharge. Has not been dishonorably discharged from military service; 
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6. 
Course work; internship. 
Is a graduate of a polygraph examiners course 
approved by the commissioner and has satisfactorily completed not less than 6 months of 
internship; and 
7. 
Examination. 
Has passed an examination approved by the commissioner 
covering subjects pertaining to polygraph examinations. 
Sec. A-S. 32 MRSA §7156, as enacted by PL 1979, c. 209, §2, is amended to 
read: 
§7156. Acq uisition of license by present examiners 
Subject to section 1-1-6+ 7161-A, any person who is actually engaged in the 
occupation, business or profession of a polygraph examiner on the effective date of this 
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chapter, September 14, 1979 shall, upon application within 90 days after the effective 
date of this chapter before December 14,1979, compliance with section ~ 
7155-A, 
subsection J, paragraph E, 1 and payment of the required license fee, be issued a 
polygraph examiner's license, provided that the commissioner may require the applicant 
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to submit satisfactory proof that fie the person is so engaged. 
Sec. A-9. 32 MRSA §7157, as enacted by PL 1979, c. 209, §2, is repealed. 
Sec. A-IO. 32 MRS A §715S, as enacted by PL 1979, c. 209, §2, is amended to 
read: 
§7158. Person with out-of-state license 
Subject to section 1-1-6+ 7161-A, an applicant a person who is a polygraph examiner, 
licensed under the laws of another state or territory of the United States, sfla.l-I. or a 
province of Canada, may be issued a license without examination by the commissioner 
upon payment of the polygraph examiner if the person applies for such a license .fee and 
the nroduction of satisfactoFv nroofthat: 
1. l"'d!e. He is at least 21 veal's of aee: 
2. Equivalency of requirements. The requirements of the other state or territory of 
the United States or the province of Canada for the licensing of a polygraph examiner ffi 
that particular state or territory of the United States license were, at the date of the 
applicant's licensing therein, substantially equivalent to the requirements now in force in 
this State of this chapter; and 
3. 
Reciprocity. The other state or territory of the United States or province of 
Canada grants substantially similar reciprocity to polygraph examiner license holders in 
this State. 
Sec. A-H. 32 MRS A §7158-A is enacted to read: 
§7158-A. Tel'm of polygraph examiner license; conditions for license renewal 
1. Term of license. A polygraph examiner license issued under this chapter is valid 
for a term of 2 years and must be renewed every 2 years thereafter. 
2. 
Conditions for renewal of license. For a polygraph examiner license to be 
renewed, the licensee must submit a renewal application approved by the commissioner 
that, at a minimum, includes information from the licensee seeking license renewal that 
supplements or updates relevant information that was asceliained at the time the licensee 
applied for the licensee's initial polygraph examiner license. 
Sec. A-12. 32 MRSA §7159, as enacted by PL 1979, c. 209, §2, is repealed. 
Sec. A-B. 32 MRSA §7159-A is enacted to read: 
§7159-A. Intern polygraph examiner license 
1. 
Oualifications. 
The commissioner may issue an intern polygraph examiner 
license to a person who meets the qualifications set fOlih in section 7155-A, subsections 1 
to 5. 
2. Application. Application for an intern polygraph examiner's license must be 
made to the commissioner in accordance with the requirements of section 7155-A. The 
application must be accompanied by the fee required under section 7160-A. 
3. Term of license. A license issued under this section is valid for 2 years from the 
date of issuance and is not renewable. 
Sec. A-H. 32 MRSA §7160, as enacted by PL 1979, c. 209, §2, is repealed. 
Sec. A-IS. 32 MRSA §7160-A is enacted to read: 
§7160-A. License application fee 
The commissioner may require that a reasonable fee be submitted with the 
application of any license authorized under this chapter to cover or defray the actual costs 
for the DepaJiment of Public Safety to administer this chapter. 
Sec. A-l6. 32 MRSA §716I, as enacted by PL 1979, c. 209, §2 and amended by 
PL 1999, c. 547, Pt. B, §78 and affected by §80, is repealed. 
Sec. A-17. 32 MRS A §716I-A is enacted to read: 
§7161-A. Denial, suspension and revocation of license 
1. Grounds to deny, suspend Oil' revol{e a license authorized under this chalJ)ter. 
In accordance with the Maine Administrative Procedure Act, the commissioner may 
refuse to issue or renew any license authorized by this chapter and may suspend or revoke 
a license authorized by this chapter if the applicant or licensee: 
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A. Commits, or attempts to commit, fraud or deceit in obtaining a license under this 
chapter or in connection with service rendered within the scope of the license issued; 
B. Is convicted of a crime that involves dishonesty or false statement or that relates 
directly to the administration of polygraph examinations; 
C. Is convicted of any crime for which incarceration for one year or more may be 
. imposed; 
D. 
Violates any of the provisions of this chapter or of any rule adopted by the 
commissioner pursuant to this chapter; 
E. Aids or abets a person who administers a polygraph examination without being 
duly licensed under this chapter; 
F. Demonstrates incompetence in the administration of polygraph examinations. A 
licensee demonstrates incompetence in the administration of polygraph examinations 
if the licensee has engaged in conduct that evidences a lack of ability, understanding 
or knowledge to administer polygraph examinations in accordance with law or 
generally known and accepted standards of practice in the field of polygraph 
examination; 
G. Inquires during the course of a polygraph examination about any sexual behavior 
of an examinee or about a matter that could reasonably be construed by an examinee 
as being of a sexual nature unless: 
(1) The examination is being conducted in the course of a criminal investigation 
by law enforcement officials; 
(2) The examination is being conducted in the course of civil litigation in which 
the examinee's sexual behavior is at issue; 
(3) The examination is being conducted for the purpose of ensuring compliance 
with court-ordered sex offender treatment; or 
(4) The examinee is an applicant for a position with a law enforcement agency. 
If a polygraph examination is conducted for the purpose of ensuring compliance with 
cOUli-ordered sex offender treatment, the results of the examination are not 
admissible into evidence in a court proceeding; 
H. 
Inquires during the course of a polygraph examination about the political or 
religious beliefs of an examinee unless the examination is being conducted in the 
course of a criminal investigation- conducted by law enforcement officials and the 
political or religious beliefs of the examinee might be relevant to the investigation; 
I. Administers a polygraph examination to a person without the person's infonned 
written consent; or 
J. 
Administers either a post-conviction sex offender polygraph examination or a 
preemployment law enforcement agency applicant polygraph screening examination 
without having the commissioner's license endorsement to do so. 
2. Surrender of license. A license that is suspended pursuant to this section ITIlist be 
promptly surrendered to the commissioner during the term of thesuspe-nsion, which may 
be for a period of up to 12 months. A license that is revoked pursuant to this section must 
be promptly sun·endered to the commissioner. 
Sec. A-IS. 32 MRSA §7162, as enacted by PL 1979, c. 209, §2, is repealed. 
Sec. A-19. 32 MRS A §7163, as enacted by PL 1979, c. 209, §2, is repealed. 
Sec. A-20. 32 MRS A §7164, as enacted by PL 1979, c. 209, §2, is repealed. 
Sec. A-21. 32 MRSA §7165, as enacted by PL 1979, c. 209, §2, is amended to 
read: 
§7165. Jurisdiction over nonresidents 
In addition to any other method provided by rule or by statute, if a polygraph 
examiner licensed under this chapter is not a resident of this State and engages in conduct 
subject to this chapter, personal jurisdiction in the Superior and District Courts of this 
State may be acquired by service of process upon the commissioner and mailing 
forthwith a copy of the process 
nd pleading by registered or cel1ified mail to the 
defendant at fl-is the defendant's last reasonably ascertainable mailing address. An 
affidavit of compliance with this paragraph sftal-I- must be filed with the clerk of the court 
on or before the return day of the process, if any, or within any further time the court 
allows. 
Sec. A-22. 32 MRSA §7166, as enacted by PL 1979, c. 209, §2, is amended to 
read: 
§7166. Limitations on uses in employment 
1. Preemployment screening. Ne Except as otherwise provided in this chapter, an 
employer may not, directly or indirectly, require, request or suggest that any applicant for 
employment submit to a polygraph examination as a condition of obtaining employment, 
or administer or cause to be administered to an applicant any such examination, or use or 
refer to the results of such an examination for hiring purposes. For purposes of this 
subsection, "employer" shall include includes, but is not limited to, an employment 
agency~ and "applicant" shall include includes, but is not limited to, any person seeking to 
use an employment agency's services. 
2. Current employees. Ne An employer may not, directly or indirectly, require, 
request or suggest that any employee submit to a polygraph examination as a condition of 
employment, or administer or cause to be administered to any employee any such 
examination, or use or refer to the results of such an examination for employment 
purposes. 
3. Exceptions. Notwithstanding any provision in this section to the contrary: 
A. 
This section sfl.aI.t does not apply to employees of or applicants for employment 
with law enforcement agencies; and 
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B. 
Nothing in subsection 2 shall prohibit prohibits either an employee from 
voluntarily requesting a polygraph examination in connection with hls the employee's 
employment or an employer from using or referring to the results of any examination 
so requested, provided that; however, the results of that examination may not be used 
against the employee by the employer for any purpose, that the employer sfl.a.I-I. must 
give the employee a copy of this Act when the employee requests the examination, 
and that the examination -is must be recorded or that a witness of the employee's 
choice -is must be present during the examination, or both, as the employee requests. 
Sec. A-23. 32 MRSA §7167, as enacted by PL 1979, c. 209, §2, is amended to 
read: 
§7167. Penalties 
Any person who intentionally violates any provision of this chapter or any person 
who intentionally falsely states or represents that He the person has been or is a polygraph 
examiner or tra-ffiee intern or that He the person is qualified to apply instrumentation to tHe 
detection of detect deception i!h or verification of verify the truth of~ statements is !!uilhr 
of commits a Class D crime. 
Sec. A-24. 32 MRSA §7168, as enacted by PL 1979, c. 209, §2, is amended to 
read: 
§7168. Rules 
The commissioner sfl.a.I-I. may adopt rules necessary to administer this chapter, 
including, but not limited to, fixing application and license fi!es adequate to defray the 
costs of administration, and establishing an internship program to ensure free entry into 
the profession in order to promote competition under this chapter. 
Rules adopted 
pursuant to this section are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
Sec. A-25. 32 MRS A §7169, as ,enacted by PL 1979, c. 541, Pt. B, §43, IS 
amended to read: 
§7169. Admissibility of evidence 
The fact that evidence was obtained in violation of this chapter sfl.a.I-I. does not render 
the evidence inadmissible in any criminal, civil or administrative proceeding. 
Sec. A-26. 32 MRSA §7170 is enacted to read: 
§7170. Polygraph examination facilities 
1. Reguirements. At a minimum, facilities in which polygraph examinations are 
conducted must: 
A. Afford privacy and freedom from interruptions; 
B. Be free of visual distractions and noise problems; 
C. Be comfortable in temperature and have adequate ventilation; 
D. Be sufficient in size for conducting a polygraph examination; 
E. Be equipped with audio and visual recording devices; and 
F. 
Have comfortable seating suitable for polygraph testing and a table surface 
adequate to support polygraph equipment. 
Sec. A-27. 32 MRS A §7171 is enacted to read: 
§7171. Standard of practice 
1. 
General standards of practice. 
In the administration of a polygraph 
examination, a polygraph examiner shall: 
A. Follow all federal and state laws applicable to the administration of polygraph 
examinations; and 
B. Conduct the polygraph examination in an unbiased manner. 
2. 
Preexamination standards of practice. 
Prior to the commencement of a 
polygraph examination, a polygraph examiner must: 
A. Ascertain the examinee's signed consent for the administration of the polygraph 
examination; 
B. Verify the identity of the examinee; 
C. Obtain information from the examinee about the examinee's medical, physical and 
psychological condition relevant to the examinee's qualification to participate in a 
polygraph examination; 
D. Advise the examinee of the purpose of the polygraph examination; 
E. Advise the examinee that the polygraph examination is voluntary; 
F. Advise the examinee that the polygraph examination may be terminated upon 
request; 
G. Inform the examinee that full examination results will not be available until all 
data has been collected and analyzed; 
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H. Provide the examinee with an explanation of the polygraph and its components, 
the procedure and the physiological activity to be recorded; 
1. Review all examination questions with the examinee and verify that the examinee 
understands each question; 
J. 
When applicable, inform the examinee of the examinee's constitutional rights 
concerning self-incrimination under the United States Constitution, Amendment V; 
and 
K. 
Permit reasonably sufficient time for a thorough discussion of the polygraph 
examination process with the examinee and afford the examinee reasonably sufficient 
time to thoroughly discuss those issues. 
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3. Post-examination standards of practice. Following a polygraph examination, a 
polygraph examiner shall: 
A. Advise the examinee of any readily ascertainable polygraph examination results; 
and 
B. 
Provide an opportunity for the examinee to discuss any readily ascertainable 
polygraph examination results. 
Sec. A-28. 32 MRS A §7172 is enacted to read: 
§7172. 
Retention of materials resulting from or used during a polygraph 
examination 
Licensed polygraph examiners and interns must securely retain audio and visual 
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recordings, reports and any other documentation resulting from or used during a 
polygraph examination for a minimum of 6 years from the date that such an examination 
is administered. 
Sec. A-29. 32 MRSA §7173 is enacted to read: 
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§7173. Post-conviction sex offender polygraph examination 
1. Endorsement required. Only a licensed polygraph examiner whose license has 
been endorsed by the commissioner to administer post-conviction sex offender polygrapl1 
examinations may administer such examinations. 
2. Submission of information. To have a license endorsed by the commissioner 
under this section, a licensed polygraph examiner first must submit the following 
information to the commissioner: 
A. Proof of having accumulated a minimum of 40 hours of training approved by the 
commissioner that directly pertains to the practice of administering post-conviction 
sex offender polygraph examinations; and 
B. Proof of having conducted a minimum of200 complete polygraph examinations. 
.. Limit on tests administered per day. 
A licensed polygraph examiner whose 
license is endorsed pursuant to this section may not conduct more than 2 post-conviction 
sex offender polygraph examinations in one 24-hour period. 
4. Prohibition. A licensed polygraph examiner who, pursuant to Title 22, section 
4011-A, subsections I and I-A, is a person required to immediately report or cause a 
@Port to be made to the DepaI1ment of Health and Human Services when the person 
knows or has reasonable cause to suspect that a child has been or is likely to be abused or 
that a suspicious death of a child has occurred may not administer a post-conviction sex 
offender polygraph examination. 
Sec. A-30. 32 MRSA §7174 is enacted to read: 
§7174. 
Preemployment law enforcement agency applicant polygraph screening 
examinations 
' 1. Endorsement required. Only a licensed polygraph examiner whose license has 
been endorsed by the commissioner to administer preemployment law enforcement 
agency applicant polygraph screening examinations may administer such examinations. 
2. Submission of information. To have a license endorsed by the commissioner 
under this section, a licensed polygraph examiner first must submit the following 
information to the commissioner: 
A. Proof of having completed a min imum of 25 po Iygraph exam inations; and 
B. A written agreement to abide by the standards set forth in the most recent law 
enforcement applicant polygraph testing policy adopted by the Board of Trustees of 
the Maine Criminal Justice Academy. 
PARTB 
Sec. B-l. 32 MRSA §8102, as enacted by PL 1981, c. 126, §2, is amended to 
read: 
§8102. Purpose 
It is the The purpose of this chapter i§. to regulate any person, firm, corporation or 
other legal entity engaging in the business of private investigating investigation. 
Sec. B-2. 32 MRSA §8103, sUlb-§l, as amended by PL 2001, c. 298, §1, IS 
further amended to read: 
1. Commissioner. "Commissioner" means the Commissioner of Public Safety~ or tire 
commissioner's designee. 
Sec. B-3. 32 MRSA §8103, sUlb-§4~A is enacted to read: 
4-A. Private investigation. "Private investigation" means an investigation intended 
or designed to obtain, or that in fact obtains, information with reference to any of the 
following: 
A. Any crime or other act committed or threatened against the laws or government of 
!he United States or any state or territory, or any political subdivision thereof; 
B. The identity, habits, conduct, movements, whereabouts, affiliations, associations, 
transaction·s, replltation or character of any person; 
C. Libels, fires, losses, accidents or damage or injury to a person or property; 
D. The location, disposition or recovery of lost or stolen property; or 
E. Evidence that mayor is to be used before any court, board, officer or investigative 
committee. 
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Sec. B-4. 32 MRSA §8103, sub-§5, as enacted by PL 1981, c. 126, §2, IS 
repealed and the following enacted in its place: 
5. 
Private investigator. "Private investigator" means any person who, for any 
consideration whatsoever, engages in or solicits business or accepts employment to 
conduct a private investigation. 
Sec. 3-5. 32 MRS A §8104, as enacted by PL 1981, c. 126, §2, is amended to 
read: 
§8104. License requirement; exceptions 
1. License. N-e A person may not act as a private investigator without first obtaining 
from the commissioner a license to be a private investigator or investigative assistant. 
2. Exceptions. This section does not apply to the following: 
A. 
A person employed by or on behalf of the State, the United States Government 
or any other state or Canadian province, or any political subdivision thereof, or any 
public instrumentality thereof, while in the performance of hls the person's official 
duties; 
B. 
A charitable or philanthropic organization, duly incorporated under the laws of 
the State, or any agent thereof, provided that the organization is not operated for 
profit; 
C. 
A person employed to inquire into the fitness of an applicant for employment 
with that person's employer; 
D. 
A credit reporting bureau or agency, or agent thereof, whose business is the 
furnishing of information concerning a person's business, financial or credit standing; 
E. 
An insurance company, or agent thereof, investigating the personal habits and 
financial responsibility of applicants for insurance or indemnity bonds; 
F. 
An attorney admitted to practice law in this State who is acting in a professional 
capacity; 
F-I. 
A legal assistant or paralegal engaged in activity for which the person is 
employed by an attorney admitted to practice law in this State; 
G. 
A nonprofit trade or business association, board or organization, whether 
incorporated or unincorporated, or any agent thereof, conducting an investigation for 
the following purposes: 
(I) To furnish to members of the association, board or organization, information 
concerning the business, financial or credit standing or the reputation of a person 
with whom the members consider doing businesst~ provided that the investigation 
is no more extensive than is reasonably necessary; or 
(2) 
To compile or disseminate statistics or data relating to business of the 
members of the association, board or organization; 
H. 
An insurance adjuster or investigator, or an employee investigating claims for or 
against flts that employee's employer; 
1. 
A person engaged in compiling genealogical information; 
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, 
further licensure of the person shall be i§. governed by this section; Sf 
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 business~~ 
L. A person providing testimony in a legal proceeding as an expert under applicable 
state and federal law; 
M. A person with a professional license, other than a private investigator or private 
detective license, issued by the State, or any other state or Canadian province, whose 
scope of professional work includes duties or responsibilities that constitute private 
investigation; or 
N. A person engaged solely in the business of securing information about persons or 
property from records that are in the public domain, including, but not limited to, 
such records that are available via the Internet. 
Sec. 8-6. 32 MRS A §81OS, sub-§4, as amended by PL 1995, c. 694, Pt. D, §56 
and affected by Pt. E, §2 and amended by PL 2003, c. 689, Pt. B, §6, is further amended 
to read: 
4. Character. Has demonstrated good moral character and has not been convicted of 
a crime ".."hich is punishable by a maximum term of imprisonment equal to or exceeding 
one year, or a crime enumerated in this chapter. The determination of good moral 
character shal-I- must be made in writing, based upon evidence recorded by a governmental 
entity. The commissioner shall consider matters recorded within the previous.§. 1 years~ 
including, but not limited to, the following: 
A. 
Records of incidents of abuse by the applicant of family or household members 
provided pursuant to Title 19-A, section 4012, subsection 1; 
B. 
Records provided by the Department of Health and Human Services regarding 
the failure of the applicant to meet child or family support obligations; 
C. 
Records of 3 or more convictions of the applicant for Class D or E crimes; 
D. 
Records of 3 or more civil violations by the applicants applicant; or 
E. 
Records that the applicant has engaged in recklessness or negligence that 
endangered the safety of others, including the use of weapons or motor vehicles; 
Sec. B-7. 32 MRSA §8105, sub-§5, as amended by PL 2009, c. 20, § 1, is further 
amended to read: 
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5. Application. Submits an application approved by the commissioner that contains~ 
at a minimum, includes the following information from the applicant: 
A. ffltt The applicant's full name; 
B. ffl!.J. The applicant's full current residential address and the applicant's residential 
addresses for the prior during the previous 5 years; 
C. The applicant's date and place of biI1h, height, weight and color of eyes; 
D. 
A written statement, signed by the applicant, granting the chief of pe-l-i€e 
commissioner authority to check the criminal records of any law enforcement agency 
that peI1ain to any matter involving the applicant. The applicant must agree to submit 
to having the applicant's fingerprints taken by the issuing authority if it becomes 
necessmy to resolve any question as to the applicant's identity; and 
E. Answers to the following questions: 
(I) Are you currently under indictment or information for a crime for which the 
possible penalty is imprisonment for a period equal to or exceeding one year? 
(2) Have you ever been convicted of a crime for which the possible penalty was 
imprisonment for a period equal to or exceeding one year? 
(3) Are you a fugitive from justice? 
(4) Are you an unlawful user of or addicted to marijuana or any other drug? 
(5) Have you been adjudged mentally defective or been committed to a mental 
institution within the past 5 years? ef 
(6) Are you an illegal alien? 
By affixing the applicant's signature, the applicant certifies that the information in the 
application provided by the applicant is true and correct and that the applicant 
understands that an affirmative answer to any of the questions in paragraph E is cause for 
refusal: a license to be denied and any false statement may result in prosecution as 
provided in section 8114. 
Sec. B-3. 32 MRSA §8105, suh-§8, as enacted by PL 1981, c. 126, §2, is 
amended to read: 
8. 
Examination. Has passed an examination administered by the commISSIoner 
covering subjects pertaining to private investigation to be prescribed by hlm the 
commissioner, provided that a person currently licensed, as described in section 8106, 
may at no time be required to take any such examination. 
Sec. B-9. 32 MRSA §8107, as enacted by PL 1981, c. 126, §2, is amended to 
read: 
§8107. Application for original license 
Applications for original licenses sflaI-l must be made to the commissioner in writing 
under oath on forms prescribed by hlm the commissioner with respect to the requirements 
of section 8105. The application sflaI-l must be accompanied by the fee required under 
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section 8117, and by a certification, by each of 3 reputable citizens of the State, of the 
following: 
1. Residence. That fle the certifying citizen resides in the community in which the 
applicant resides, has a place of business or proposes to conduct hls the applicant's private 
investigator business; 
2. Knowledge of applicant. That fle the certifying citizen has personally known the 
applicant for at least 3 years; 
3. Relation to applicant. That fle the certifying citizen is not related to the applicant 
by blood or marriage; 
4. Character of applicant. That the applicant is honest and of good moral character; 
and 
5. Truth of statements in application. That fle the certifying citizen has read the 
application and believes each statement in it to be true. 
Sec. B-lO. 32 MRSA §810S, fill'st 'if, as enacted by PL 1981, c. 126, §2, IS 
amended to read: 
The commissioner sfla.I-l may grant a license to an applicant who has a valid private 
investigator's license granted under the laws of another state or territory of the United 
States, upon payment of the required fee and the production of satisfactory proof that: 
Sec. B-ll. 32 MRSA §S110, sunlb-§2, as amended by PL 1983, c. 221, §1, IS 
further amended to read: 
2. Application. Application for an investigative assistant's license sfla.I-l must be 
made to the commissioner in accordance with the requirements of sections 8105 and 
8107. The application sfla.I-l must be accompanied by the fee required under section 8117. 
Sec. B-12. 32 MRSA §8111, sunlb-§l, as enacted by PL 1981, c. 126, §2, IS 
amended to read: 
1. Requirement. A person licensed as a private investigator shall gtv.e provide to the 
commissioner a bond in the sum of $10,000 if fle the licensee is a resident of the State 
and in the sum of $50,000 if fle the licensee is not a resident of the State. 
A person licensed as an investigative assistant shall gtv.e provide to the commISSion 
commissioner a bond in the sum of $20,000. 
Sec. B-13. 32 MRSA §Sl11, sub-§2, GjfC, as enacted by PL 1981, c. 126, §2, is 
amended to read: 
C. 
Be conditioned upon the honest conduct of the business of the licensee and the 
right of any person, including the officer of any aggrieved labor union or association, 
whether or not incorporated, injured by the intentional, knowing, reckless or 
negligent act of the licensee to bring, in hls the person's own name, an action on the 
bond. 
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Sec. B-14. 32 MRS A §8113, as amended by PL 2001, c. 298, §§4 and 5, is further 
amended to read: 
§8113. Refusal; suspension; revocation; grounds 
+fte In accordance with the Maine Administrative Procedure Act, the commissioner 
may, after notice of an opportunity for hearing in conformance with the provisions of the 
Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV, refuse to issue 
or renew a license. The District Court and may suspend or revoke the license of any 
person licensed under this chapter. The following are grounds for an action to refuse to 
issue, suspend, revoke or refuse to renew the license of a person licensed under this 
chanter on the following grounds: 
1. Fraud or deceit. The practice of fraud or deceit in obtaining a license under this 
chapter or in connection with service rendered within the scope of the license issued; 
2. 
Conviction of certain crimes. 
Conviction of a crime wJ:riefl that involves 
dishonesty or false statement or wJ:riefl that relates directly to the practice for which the 
licensee is licensed or wJ:riefl that is enumerated in this chapter, or conviction of any crime 
for which incarceration for one year or more may be imposed; 
3. Violation of chapter or rule. Any violation of this chapter or any rule adopted 
by the commissioner; 
4. 
Aiding or abetting unlicensed practice of private investigation. Aiding or 
abetting the practice of private investigation by a person not duly licensed under this 
chapter and who represents himself to be to others that the person is duly licensed; 
5. Failure to maintain bond. Failure to maintain a bond as required by section 
8111 ; 
6. Incompetence. Incompetence in the practice for which he the person is licensed. 
A licensee shall be deemed is considered incompetent in the practice if the licensee has: 
A. 
Engaged in conduct wJ:riefl that evidences a lack of ability or fitness to discharge 
the duty owed by the licensee to a client or the general public; or 
B. 
Engaged in conduct wJ:riefl that evidences a lack of knowledge, or inability to 
apply principles or skills to carry out the practice for which he the person is licensed; 
7. Employment of prohibited person. Employment, in connection with a private 
investigation business, in any capacity, of any person who has been convicted of a crime 
punishable by imprisonment for one year or more or any fonner licensee whose license 
has been revoked; or 
8. Representations that licensee is sworn peace officer. Representation by the 
licensee wJ:riefl that suggests, or wJ:riefl that would reasonably cause another person to 
believe, that he the licensee is a sworn peace officer of this State, any political 
subdivision of this State, any other state or sf- the Federal Government. 
Sec. B-15. 32 MRSA §8113-A, sub-§2, as enacted by. PL 1989, c. 917, § 17, is 
amended to read: 
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2. Report to commissioner. +fie A law enforcement officer who has probable cause 
to require chemical testing shall promptly notify the commissioner of the f! licensee's 
refusal and provide the commissioner with a report of the facts and circumstances of the 
requirement to submit to chemical testing and of the licensee's refusal. 
Sec. B-16. 32 MRSA §8113-A, sub-§3, as amended by PL 1995, c. 65, Pt. A, 
§ 13 2 and affected by § 153 and Pt. C, § 15, is further amended to read: 
3. 
Suspension in effect during pendancy. 
+fie A suspension remains under 
subsection 1 must remain in effect until the entry of judgment if charges are filed of 
violating Title 17-A, section 1057 or of operating a motor vehicle, snowmobile, A TV or 
watercraft under the influence of intoxicating liquor or drugs, unless it is determined by 
the court in which the criminal charge or civil violation is pending, or by the Secretary of 
State if a hearing is held pursuant to Title 29-A, section 2483, that the law enforcement 
officer did not have probable cause to require the licensee to submit to chemical testing. 
Sec. lB-17. 32 MRSA §8U4, sub-§l, ~, as enacted by PL 1981, c. 126, §2, is 
amended to read: 
B. 
To falsely represent that fie the person is the holder of a valid license; 
Sec. B-18. 32 MRS A §8U4, sub-§l, ~C, as enacted by PL 1981, c. 126, §2, is 
amended to read: 
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C. 
To falsely represent that any person in fl-i-s the person's employ is a private 
investigator or investigative assistant; or 
Sec. B-19. 32 MRSA §8U4, sub-§4, as enacted by PL 1981, c. 126, §2, IS 
amended to read: 
4. Failure of assistant to return equipment. It is a Class D crime for a licensed 
investigative assistant Icno\vingJy intentionally to fail to return immediately on demand, 
or within 7 days of termination of fl-i-s the investigative assistant's employment, any item 
of equipment issued to ffim the investigative assistant by fl-i-s the investigative assistant's 
employer. 
Sec. lB-20. 32 MRSA §8114, sub-§5, as enacted by PL 1981, c. 126, §2, IS 
amended to read: 
5. Other unlawful acts. It is a Class D crime for a person licensed under this chapter 
or any person employed by him knowingly the person intentionally to commit any of the 
following acts: 
A. 
To incite, encourage or aid any person who has become a party to any strike to 
commit any unlawful act against any person or property; 
B. 
To incite, stir up, create or aid in the inciting of discontent or dissatisfaction 
among the employees of any person with the intention of having them strike; 
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C. 
To intelfere with or prevent lawful and peaceful picketing during strikes; 
D. 
To interfere with, restrain or coerce employees in the exercise of their right to 
form, join or assist any labor organization of their ewA choosing; 
E. 
To interfere with or hinder lawful or peaceful collective bargaining between 
employers and employees; 
F. 
To pay, offer to give any money, gratuity, consideration or other thing of value, 
directly or indirectly, to any person for any verbal or written report of the lawful 
activities of employees in the exercise of their right to organize, form or assist any 
labor organization and to bargain collectively through representatives of their ewA 
choosing; 
G. 
To advertise for, recruit, furnish or replace or offer to furnish or replace for hire 
or reward, within or outside the State, any skilled or unskilled help or labor, armed 
guards, other than armed guards employed for the protection of payrolls, property or 
premises, for service upon property whleIt that is being operated in anticipation of or 
during the course of a strike; 
H. 
To furnish armed guards upon the highways for persons involved in labor 
disputes; 
I. 
To furnish or offer to furnish to employers or their agents any arms, munitions, 
tear gas implements or any other weapons; 
J. 
To send letters of literature to employers offering to eliminate labor unions; or 
K. 
To advise any person of the membership of an individual in a labor organization 
for the purpose of preventing that individual from obtaining or retaining employment. 
Sec. B-21. 32 MRS A §8115, as enacted by PL 1981, c. 126, §2, is repealed and 
the following enacted in its place: 
§8115. Identification cards; use of badges prohibited 
1. Issuance of identification cards. The commissioner shall design and issue to 
each person licensed under this chapter an identification card featuring a recent 
photograph of the licensee. 
2. Use of badges prohibited. A person licensed under this chapter may not carry or 
present a badge that suggests, or that would reasonably cause another person to believe, 
that the licensed private investigator or investigative assistant is a sworn peace officer of 
this State, any political subdivision of this State, any other state or the Federal 
Government. 
Sec. B-22. 32 MRSA §8116, sub-§2, as enacted by PL 1981, c. 126, §2, is 
amended to read: 
2. Contempt. If a witness refuses to obey a subpoena or to give any evidence 
relevent relevant to proper inquiry by the commissioner, the Attorney General may 
petition the Superior Court in the county where the refusal occurred to find the witness in 
contempt. The Attorney General shall cause to be served on that witness an order 
requiring hlm the witness to appear before the Superior Court to show cause why lte the 
witness should not be adjudged in contempt. The court shall, in ,a summary manner, hear 
the evidence and, if it is such as to warrant him in doing the court to do so, punish that 
witness in the same manner and to the same extent as for contempt committed before the 
Superior Court or with reference to the process of the Superior Court. 
Sec. B-23. 32 MRSA §8116, sub-§3, as enacted by PL 1981, c. 126, §2, IS 
amended to read: 
3. Rules. The commissioner sflal-l may adopt all rules necessary to administer this 
chapter~ including, but not limited to, fixing application and license fees and establishing 
lOa training requirement for investigative assistants. 
Rules adopted pursuant to this 
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subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. B-24. 32 MRSA §8118, as enacted by PL 1981, c. 126, §2, is repealed. 
Sec. B-25. 32 MRSA §8119, as enacted by PL 1981, c. 126, §2, is repealed. 
Sec. B-26. 32 MRSA §8120-A, as enacted by PL 1997, c. 360, §5, is amended to 
IS 
read: 
§8120-A. Firearms 
A private investigator licensed under this chapter may carry a firearm while 
performing the duties of a private investigator only after being issued a concealed 
weapons permit by the Chief of the State Police under pursuant to Title 25, chapter 252 
and passing the written firearms examination prescribed by the commissioner. 
SUMMARY 
This bill updates and clarifies polygraph examiner and private investigator licensing 
laws that are administered by the Department of Public Safety. 
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