An Act To Regulate the Licensing and Oversight {JProfessional Investigators
Maine Legislature, Session 125, LD 1563
Committee Amendment CA_A_H585 (House)
Amends: 32 MRSA §8103-A, 32 MRSA §8109, 32 MRSA §8110, 32 MRSA §8, 32 MRSA §8122, 32 MRSA §8123

COMMITTEE AMENDMENT "/),, to H.P. 1148, L.D. 1563, Bill, "An Act To 
Regulate the Licensing and Oversight {JProfessional Investigators" 
Amend the bill in section 4 by striking out paragraph B (page 1, lines 30 to 32 in 
L.D.) and inserting the following: 
'B. If the person so convicted is licensed as a J*Wate professional investigator, 
suspend for a period of 5 years that person's right as a private investigator permit to 
carry a concealed firearm.' 
Amend the bill in section 11 by striking out all of subsection l-C (page 2, lines 15 
and 16 in L.D.) and inserting the following: 
't-c. Computer forensics. "Computer forensics" means the use of digital forensic 
science that involves the examination of digital media to identify, preserve, recover and 
analyze information related to legal matters.' 
Amend the bill in section 14 in subsection 4-A in paragraph F in the last line (page 3, 
line 9 in L.D.) by striking out the following: "or both" and inserting the following: 'or 
both,' 
Amend the bill by striking out all of section 16 and inserting the following: 
'Sec. 16. 32 MRSA §8103-A is enacted to read: 
§8t03-A. Board of Licensure of Professional Investigators 
1. Establishment. The Board of Licensure of Professional Investigators, referred to 
in this chapter as "the board," is established pursuant to Title 5, section 12004-G, 
subsection 29-D to administer the provisions of this chapter to protect the public by 
improving the standards relative to the practice of private investigation and to protect the 
public from unqualified practitioners. 
2. Duties. The board has the following powers and duties: 
A. To provide advice regarding rules proposed by the chief; 
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B. 
At the request of the chief, to review written examinations for professional 
investigator applicants; 
C. 
At the request of the chief, to advise the chief on granting, suspending and 
revoking the licenses of professional investigators; 
D. To establish standards governing the safety and conduct of persons licensed under 
this chapter; 
E. To recommend investigations regarding alleged violations of the provisions of this 
chapter and any rules adopted by the chief; and 
F. 
To provide information to the chief on any matter as the board determines 
appropriate or necessary. 
3. Members. The board consists of 7 members who must be residents of the State 
and are appointed by the Governor as follows: 
A. Two members of the State Police recommended by the chief; 
B. One member recommended by the Attorney General; 
C. Three members of the public, with no more than 2 holding a license under this 
chapter, to be appointed to reflect a wide diversity of private investigation 
experience. At least one member must be chosen for the member's expertise in 
operating a private investigation company in this State and must have a minimum of 
years of experience as a licensed private investigator; and 
D. One administrator from a local or county law enforcement agency. 
4. Terms; removal. Terms of the members of the board are for 3 years. The terms 
are governed by Title 10, section 8009. Members may be removed by the Governor for 
cause. 
5. Meetings; chair; quorum. The board shall meet at least once a year to conduct 
its business and to elect a chair. Additional meetings must be held as necessary to 
conduct the business of the board and may be convened at the call of the chair or a 
majority of the board members. Four members of the board constitute a quorum.' 
Amend the bill in section 18 by striking out all of paragraph A and inserting the 
following: 
'A. A person employed by or on behalf of the State, Federal Government, any state 
or any political subdivision thereef, or aHj' public instrumentality or a Canadian 
province, while in the performance of his the person's official duties;' 
Amend the bill in section 24 in paragraph J in the first line (page 5, line 8 in L.D.) by 
striking out the following: "JHWate professional" and inserting the following: 'private' 
Amend the bill in section 31 in subsection 5 by striking out all of the blocked 
paragraph (page 6, lines 34 to 38 in L.D.) and inserting the following: 
'By affixing the applicant's signature, the applicant certifies that the information in the 
application provided by the applicant is true and correct aOO~ that the applicant 
understands that an affIrmative answer to any of the questions in paragraph E is cause for 
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COMMITTEE AMENDMENT "A .. to H.P. 1148, L.D. 1563 
refusal a license to be denied and that any false statement may result in prosecution as 
provided in section 8114.' 
Amend the bill in section 32 in subsection 7-A in paragraph A in the 3rd line from the 
end (page 7, line 9 in L.D.) by striking out the following: "who has" and inserting the 
following: 'has earned' 
Amend the bill in section 32 in subsection 7 -A in paragraph D by striking out all of 
subparagraph (2) (page 7, lines 31 to 40 and page 8, lines 1 and 2 in L.D.) and inserting 
the following: 
'(2) Educational experience, including at least: 
(a) Sixty academic credits of post secondary postsecondary education in a 
field of study listed in division (b) acquired at an accredited junior college, 
college or university; ef 
(b) 
An associate degree· in law enforcement, eased on 2 years of 
post secondary instruction, conferred ey an established acquired at an 
accredited junior college, college, university or technical college in police 
administration, security management, investigation, law, criminal justice or 
computer forensics ot other similar course of study acceptable to the chief; 
aor 
ee) An associate degree in any field of study that is acceptable to the chief; 
and' 
Amend the bill in section 34 in §8106 in the first paragraph in the first line (page 8, 
line 11 in L.D.) by striking out the following: "private professional" and inserting the 
following: 'private' 
Amend the bill in section 35 in §8107 by striking out all of the first paragraph (page 
8, lines 17 to 21 in L.D.) and inserting the following: 
'Applications for original licenses shall must be made to the commissioner in \witing 
chief under oath on forms prescribed by him with respect to the requiremems of section 
8-WS the chief demonstrating the qualifications required under this chapter. The 
application shall must be accompanied by the fee required under section 8117, and by a 
certification, by each of3 reputable citizens of the State, ofthe following;' 
Amend the bill by striking out all of section 37 and inserting in its place the 
following: 
'Sec. 37. 32 MRSA §8109, as amended by PL 2003, c. 620, §1, is further amended 
to read: 
§8109. Renewal of license 
Each private professional investigator's license is valid for an initial term of 2 years 
and is, unless. Unless the license is revoked or sl:lspended, renewable the licensee may 
apply to renew the license every 4 years after the initial term.' 
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Amend the bill in section 39 in subsection 3 in the 2nd line (page 9, line 13 in L.D.) 
by striking out the following: "Within" and inserting the following: 'To qualify for a 
license as a professional investigator, within' 
Amend the bill by inserting after section 39 the following: 
'Sec. 40. 32 MRSA §8110, sub-§4 is enacted to read: 
4. 
Sponsor. 
An investigative assistant may engage in the business of private 
investigating only when sponsored by a professional investigator licensed under this 
chapter.' 
Amend the bill in section 40 in § 811 O-A in the first paragraph in the last line (page 9, 
line 20 in L.D.) by striking out the following: "as long as" and inserting the following: 
'subject to the following' 
Amend the bill in section in §8110-A in subsection 2 in the first line (page 9, line 23 
in L.D.) by striking out the following: "duly" and inserting the following: '00ly' 
Amend the bill in section 41 in §811 O-B by striking out all of subsection 4 (page 10, 
lines 9 to 12 in L.D.) 
Amend the bill by striking out all of section 43 and inserting the following: 
'Sec. 43. 32 MRS A §8113, as amended by PL 2011, c. 161, §§ 1 to 3, is further 
amended to read: 
§8113. Refusal; suspension; revocation; grounds 
The eommissioner In accordance with the Maine Administrative Procedure Act, the 
chief may, after notiee of an opportHnity for hearing in eonformanee ",lith the provisions 
of the Maine Administrative Proeedure Aet, Title 5, ehapter 375, sooehapter N, refuse to 
issue or renew a license. The Distriet Court may~ suspend or revoke the license of any 
person licensed under this chapter. The follo'Ning are grounds for an aetion to refuse to 
issue, suspend, re'/oke or refuse to renew the lieense of a person lieensed under this 
ehapter, impose probationary conditions, fines or costs of hearing and investigation or 
issue a written warning 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 whieh that involves 
dishonesty or false statement or whieh that relates directly to the practice for which the 
licensee is licensed or whieh 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 eommissioner chief; 
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 others that the person is duly licensed; 
5. 
Failure to maintain bond and insurance. Failure to maintain a bond and 
insurance as required by section 8111; 
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6. Incompetence. Incompetence in the practice f()r 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 whieh 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 whieh that evidences a lack of knowledge, or an 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 former licensee whose license 
has been revoked; 
8. Representations that licensee is sworn peace officer. Representation by the 
licensee that suggests, or that would reasonably cause another person to believe, that the 
licensee is a sworn peace officer of this State, any political subdivision of this State, any 
other state or efthe Federal Government; or 
9. Unpermitted contact with a child. Contact or communication with a child who 
has not attained J4 years of age regarding a private investigation if that contact or 
communication includes. conduct with the intent to harass, torment, intimidate or threaten 
a child. 
10. Misstatement. Intentionally or knowingly making a material misstatement in 
filing an application for a license or renewal of a license; 
11. Violation of standards of acceptable professional conduct. A violation of the 
standards of acceptable professional conduct adopted by rule by the chief; or 
12. Cause for refusal. Committing an act that would have been cause for the refusal 
to issue a license had the act occurred and been known to the chief at the time of issuance 
of a license. 
The chief may reconsider, modify or reverse probation, suspension or other 
disciplinary action.' 
Amend the bill in section 44 in §8113-A in subsection 2 in the 2nd line (page 12, line 
in L.D.) by inserting after the following: "testing" the following: 'of a licensee' 
Amend the bill by striking out all of section 45 and inserting in its place the 
following: 
'Sec. 45. 32 MRSA §8U4, as corrected by RR 2003, c. 2, §98, is amended to 
read: 
§8114. Unlawful acts 
A person is guilty of improper conduct in private investigation if the person commits 
any of the acts described in this section. Improper conduct in private investigation is a 
Class D crime. 
1. _ Acting without license; false representation. It is a Class D crime for any 
persea kHewiagly te eemmit any ef the fellewiag A person acts without a license or 
commits false representation if that person intentionally or knowingly: 
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A. Subject to Except as provided in section 8104, te-oot acts as a private professional 
investigator without a valid license; 
B. To falsely represent Falsely represents that he the person is the holder of a valid 
license; 
C. To falsely represent Falsely represents that any person in his the person's employ 
is a private professional investigator or investigative assistant; or 
D. To make Makes any false statements or material omission in any application filed 
with the commissioner chief. 
2. Representation as peace officer; employment of certain convicted persons; 
failure to surrender license. It is a Class D crime for a A licensed private professional 
investigator or investigative assistant knowingly to commit any of the following acts 
commits misrepresentation as a peace officer, employment of a certain convicted person 
or failing to surrender if that professional investigator or investigative assistant 
intentionally or knowingly: 
A. To make Makes any representation, including, but not limited to, presentation of a 
badge, that suggests, or that would reasonably cause another person to believe, that 
the licensed pfi¥ate professional investigator or investigative assistant is a sworn 
peace officer of this State, any political subdivision thereof of this State, ef any other 
state or efthe Federal Government; 
B. 
To employ Employs, in connection with a private investigator investigation 
business, in any capacity, any a former licensee whose license has been revoked or a 
person who has been convicted of a felony or any former licensee 'Nhose license has 
been revoked; or~ 
(1) A crime in this State that is punishable by imprisonment for a term exceeding 
one year or more; 
(2) 
A crime under the laws of the United States that is punishable by· 
imprisonment for a term exceeding one year; 
(3) A crime under the laws of another state that, in accordance with the laws of 
that jurisdiction, is punishable by a term of imprisonment exceeding one year. 
This subparagraph does not include a crime under the laws of another state that is 
classified by the laws of that state as a misdemeanor and is punishable by a term 
of imprisonment of 2 years or less; or 
(4) A crime under the laws of another state that, in accordance with the laws of 
that jurisdiction, does not come within subparagraph (3) but is elementally 
substantially similar to a crime in this State that is punishable by a term of 
imprisonment for one year or more; or 
C. 
To fail Fails or refuse refuses to surrender his the professional investigator's 
license to the commissioner chief following revocation or suspension. 
3. Employing unlicensed individual. It is a Class D crime for a A licensed pri¥ate 
professional investigator commits improper employment conduct if the professional 
investigator intentionally or knowingly to employ or engage employs or engages any 
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other person to act as a J*ivate professional investigator unless the person so employed or 
engaged is licensed as a Iffi¥ate professional investigator or investigative assistant. 
4. Failufe o€ in¥esti.gative assistant to feturn eEtuipment. It is a Class D crime for 
a licel1sed il1¥estigati\'e assistant lmov/il1gly to fail to return immediately on demand, or 
within 7 days of termiHatiol1 of his employmel1t any item of eEJ:Uipmel1t issued to him by 
his employer. 
5. Other unlawful acts. It is a Class D crime for a A person licensed under this 
chapter or any person employed by him the person commits improper investigative 
conduct if that person intentionally or knowingly to commit aay of the followil1g acts: 
A. To il1cite Incites, encourage encourages or aid aids any person who has become a 
party to any strike to commit any unlawful act against any person or property; 
B. 
To. ineite Incites, stir stirs up, create creates or aid aids in the inciting of 
discontent or dissatisfaction among the employees of any person with the intention of 
having them strike; 
C. To interfere Interferes with or prevel1t prevents lawful and peaceful picketing 
during strikes; 
D. To il1terfere Interferes with, restrain restrains or ceerce coerces employees in the 
exercise of their right to form, join or assist any labor organization of their ewl1 
choosing; 
E. 
To imerfere Interferes with or hil1der hinders lawful or peaceful collective 
bargaining between employers and employees; 
F. To pay, offer Pays or offers 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 ewft choosing; 
G. To advertise Advertises for, reereit recruits, furnish furnishes or replace replaces 
or effer offers 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 whH;h 
that is being operated in anticipation of or during the course of a strike; 
H. To furnish Furnishes armed guards upon the highways for persons involved in 
labor disputes; 
I. To furnish Furnishes or effer offers to furnish to employers or their agents any 
arms, munitions, tear gas implements or any other weapons; 
J. To send Sends letters sf or literature to employers offering to eliminate labor 
unions; or 
K. To advise Advises any person of the membership of an individual in a labor 
organization for the purpose of preventing that individual from obtaining or retaining 
employment.' 
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to H.P. 1148, L.D. 1563 
Amend the bill in section 46 in § 8114-A in subsection 1 in the 4th line (page 14, line 
in L.D.) by striking out the following: "shall" and inserting the following: 'may' 
Amend the bill in section 46 in §8114-A by striking out all of subsection 3 (page 15, 
lines 1 and 2 in L.D.) and inserting the following: 
'3. Aggrieved by disciplinary action. A licensee aggrieved by a disciplinary action 
of the chief may bring an appeal in accordance with the Maine Administrative Procedure 
Act.' 
Amend the bill in section 48 in § 8116 by striking out all of subsection 3 (page 15, 
lines 31 to 35 in L.D.) and inserting the following: 
'3. Rules. The commissiofler shall chief with the advice of the board may adopt all 
rules necessary to administer this chapter~ including, but not limited to, fiJdflg at3131icatiofl 
aHd liceflse fees rules regarding standards of acceptable professional conduct and 
establishing a training requirement requirements for and sponsorship of investigative 
assistants. Rules adopted pursuant to this subsection are routine technical rules as defined 
in Title 5, chapter 375, subchapter 2-A.' 
Amend the bill by striking out all of sections 52 to 54 and inserting the following:. 
'Sec. 52. 32 MRSA §8122 is enacted to read: 
§8122. Proof of valid professional investigator's license 
A person or company soliciting work or employment as a professional investigator 
shall provide proof to any client that the professional investigator holds a valid 
professional investigator's license before entering into any agreement or contract to 
conduct investigations. 
Sec. 53. 32 MRSA §8123 is enacted to read: 
§8123. Violation 
Except when a criminal penalty is otherwise provided, a person who violates this 
chapter or a rule adopted pursuant to this chapter commits a civil violation for which a 
fine ornot less than $1,000 may be adjudged.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment specifies that the rule-making authority in the Professional 
Investigators Act is delegated to the Chief of the State Police, with the advice of the 
Board of Licensure of Professional Investigators. 
The amendment clarifies that the Chief of the State Police does not require 
authorization of the board to act, but authorizes the board to provide information to the 
chief on any matter as it determines appropriate. 
The amendment clarifies and conforms violations and penalties language to proper 
drafting standards. 
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COMMITTEE AMENDMENT"~" to H.P. 1148, L.D. 1563 
The amendment also makes technical changes and corrections. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/03/11 wac 
LD 1563 
LR 799(02) 
An Act To Regulate the Licensing and Oversight of Professional Investigators 
Fiscal Note for Bill as Amended by Committee Amendment"~ 
Committee: Criminal Justice and Public Safety 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - Other Special Revenue Funds 
Current biennium revenue increase - Other Special Revenue Funds 
This legislation creates the Board of Licensure of Professional Investigators. Additional costs to the Department of 
Public Safety associated with expenses of the board and miscellaneous related supplies is expected to be covered by 
increased professional investigator license fees. 
LR0799(02) - Fiscal Note - Page 1 of 1