An Act To Regulate the Licensing and Oversight of Professional Investigators
Maine Legislature, Session 125, LD 1563
Committee: Criminal Justice and Public Safety
Sponsors: BURNS, KATZ, HASKELL, LAJOIE, PLUMMER, GERZOFSKY
Amends: 5 MRSA §12004-G, 17-A MRSA §1057, 25 MRSA §2002, 32 MRSA §8101, 32 MRSA §8103-A, 32 MRSA §8102, 32 MRSA §8103, 32 MRSA §8104, 32 MRSA §8105, 32 MRSA §8106, 32 MRSA §8107, 32 MRSA §8108, 32 MRSA §8109, 32 MRSA §8110, 32 MRSA §8110-A, 32 MRSA §8110-B, 32 MRSA §8111, 32 MRSA §8113, 32 MRSA §8113-A, 32 MRSA §8114, 32 MRSA §8114-A, 32 MRSA §8115, 32 MRSA §8116, 32 MRSA §8117, 32 MRSA §8120-A, 32 MRSA §8121, 32 MRSA §8122, 32 MRSA §8123, 32 MRSA §8124

Legislative Document 
No. 1563 
H.P. 1148 
House of Representatives, May 11, 2011 
An Act To Regulate the Licensing and Oversight of Professional 
Investigators 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative BURNS of Whiting. 
Cosponsored by Senator KATZ of Kennebec and 
Representatives: HASKELL of Portland, LAJOIE of Lewiston, PLUMMER of Windham, 
Senator: GERZOFSKY of Cumberland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §12004-G, sub-§29-D is enacted to read: 
29-D.   
Sec. 2.  17-A MRSA §1057, sub-§1, ¶A, as enacted by PL 1989, c. 917, §2, is 
amended to read: 
A.  Not being a law enforcement officer or a private professional investigator 
licensed under Title 32, chapter 89 and actually performing as a private professional 
investigator, the person possesses any firearm on the premises of a licensed 
establishment posted to prohibit or restrict the possession of firearms in a manner 
reasonably likely to come to the attention of patrons, in violation of the posted 
prohibition or restriction; or 
Sec. 3.  17-A MRSA §1057, sub-§5, as amended by PL 2009, c. 447, §20, is 
further amended to read: 
5.    For purposes of this section, "under the influence of intoxicating liquor or drugs 
or a combination of liquor and drugs or with an excessive alcohol level" has the same 
meaning as "under the influence of intoxicants" as defined in Title 29-A, section 2401, 
subsection 13.  "Excessive alcohol level" means an alcohol level of 0.08 grams or more of 
alcohol per 100 milliliters of blood or 210 liters of breath.  Standards, tests and 
procedures applicable in determining whether a person is under the influence or has an 
excessive alcohol level within the meaning of this section are those applicable pursuant to 
Title 29-A,  sections 2411 and 2431; except that the suspension of a permit to carry 
concealed firearms issued pursuant to Title 25, chapter 252, or of the authority of a 
private professional investigator licensed to carry a concealed firearm pursuant to Title 
32, chapter 89, is as provided in those chapters. 
Sec. 4.  17-A MRSA §1057, sub-§6, ¶B, as enacted by PL 1989, c. 917, §2, is 
amended to read: 
B.  If the person so convicted is licensed as a private professional investigator, 
suspend for a period of 5 years that person's right as a private professional 
investigator to carry a concealed firearm. 
Sec. 5.  25 MRSA §2002, sub-§9, ¶D, as enacted by PL 1997, c. 360, §3, is 
amended to read: 
D.  To a private professional investigator licensed under Title 32, chapter 89: 
(1)  The Chief of the State Police. 
Sec. 6.  32 MRSA §8101, as enacted by PL 1981, c. 126, §2, is amended to read: 
Professional 
Investigators 
Board of Licensure 
of Professional 
Investigators 
Expenses Only 
MRSA §8103-A 
§8101.  Short title 
This chapter shall be is known and may be cited as the Private Professional 
Investigators Act. 
Sec. 7.  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 is to regulate any person, firm, corporation or 
other legal entity engaging engaged in the business of private investigating investigation. 
Sec. 8.  32 MRSA §8103, sub-§1, as amended by PL 2001, c. 298, §1, is repealed. 
Sec. 9.  32 MRSA §8103, sub-§1-A is enacted to read: 
1-A.  Board.  "Board" means the Board of Licensure of Professional Investigators 
under section 8103-A, as established under Title 5, section 12004-G, subsection 29-D. 
Sec. 10.  32 MRSA §8103, sub-§1-B is enacted to read: 
1-B.  Chief.  "Chief" means the Chief of the State Police or the chief's designee. 
Sec. 11.  32 MRSA §8103, sub-§1-C is enacted to read: 
1-C.  Computer forensics.  "Computer forensics" means a branch of digital forensic 
science pertaining to legal evidence found in computers and digital storage media. 
Sec. 12.  32 MRSA §8103, sub-§2, as enacted by PL 1981, c. 126, §2, is amended 
to read: 
2.  Investigative assistant. "Investigative assistant" means a person who acts as a 
private professional investigator under the direct supervision of a licensed private 
professional investigator in accordance with this chapter. 
Sec. 13.  32 MRSA §8103, sub-§3, as enacted by PL 1981, c. 126, §2, is amended 
to read: 
3.  Licensee. "Licensee" means any person licensed under this chapter as a private 
professional investigator or investigative assistant. 
Sec. 14.  32 MRSA §8103, sub-§4-A is enacted to read: 
4-A.  Private investigation.  "Private investigation" means for any consideration 
whatsoever, to agree to obtain, or to in fact obtain information with reference to any of 
the following: 
A.  A crime or other act committed or threatened against the laws or government of 
the United States, any state or territory or any political subdivision of a state or 
territory; 
B.  The identity, habits, conduct, movements, whereabouts, affiliations, associations, 
transactions, reputation or character of any person; 
C.  The cause of or responsibility for libels, fires, losses, accidents or damage or 
injury to persons or property; 
D.  The location, disposition or recovery of lost or stolen property; 
E.  Evidence to be used before a court, board, officer or investigative committee, 
including evidence derived through computer forensics; or 
F.  The detection of surreptitiously installed devices designed for eavesdropping or 
observation, or both for video and audio devices. 
Sec. 15.  32 MRSA §8103, sub-§5, as enacted by PL 1981, c. 126, §2, is repealed 
and the following enacted in its place: 
5.  Professional investigator.  "Professional investigator" means any person who 
engages in or solicits business or accepts employment to conduct private investigations. 
Sec. 16.  32 MRSA §8103-A is enacted to read: 
§8103-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 from 
unqualified practitioners. 
2.  Duties.  The board has the following powers and duties: 
A.  To provide advice regarding rules proposed by the chief; 
B.  At the request of the chief, to review written examinations for professional 
investigator applicants; 
C.  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; and 
E.  To recommend investigations regarding alleged violations of the provisions of this 
chapter and any rules adopted by the board. 
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 Maine State Police recommended by the chief; 
B.  One representative of the Office of 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 minimum of 5 years of 
experience in private investigation; 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 
appointment of members must comply with 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. 
6.  Rules.  Rules adopted by the board pursuant to this subsection are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 17.  32 MRSA §8104, sub-§1, as enacted by PL 1981, c. 126, §2, is amended 
to read: 
1.  License.  No A person may not act as a private professional investigator without 
first obtaining from the commissioner chief a license to be a private professional 
investigator or investigative assistant. 
Sec. 18.  32 MRSA §8104, sub-§2, ¶A, as enacted by PL 1981, c. 126, §2, is 
amended to read: 
A.  A person employed by or on behalf of the State, any Federal Government, any 
state or any Canadian province or political subdivision thereof, or any public 
instrumentality thereof, while in the performance of his the person's official duties; 
Sec. 19.  32 MRSA §8104, sub-§2, ¶B, as enacted by PL 1981, c. 126, §2, is 
repealed. 
Sec. 20.  32 MRSA §8104, sub-§2, ¶E, as enacted by PL 1981, c. 126, §2, is 
amended to read: 
E.  An insurance company, or agent thereof, investigating the personal habits and 
financial responsibility of applicants for insurance or indemnity bonds; 
Sec. 21.  32 MRSA §8104, sub-§2, ¶F, as enacted by PL 1981, c. 126, §2, is 
amended to read: 
F.  An attorney admitted to practice law in the State acting in a professional capacity; 
Sec. 22.  32 MRSA §8104, sub-§2, ¶H, as enacted by PL 1981, c. 126, §2, is 
amended to read: 
H.  An insurance adjuster or investigator, or an employee investigating claims for or 
against his the employee's employer; 
Sec. 23.  32 MRSA §8104, sub-§2, ¶I, as enacted by PL 1981, c. 126, §2, is 
amended to read: 
I.  A person engaged in compiling genealogical information or otherwise tracing 
lineage or ancestry, by primarily using public records and historical information or 
databases; 
Sec. 24.  32 MRSA §8104, sub-§2, ¶J, as enacted by PL 1981, c. 126, §2, is 
amended to read: 
J.  A person possessing a valid private professional investigator's license granted 
under any prior existing provision of law of this State, provided that as long as, upon 
expiration of the license, the person shall be is governed by this section; or 
Sec. 25.  32 MRSA §8104, sub-§2, ¶K, as enacted by PL 1981, c. 126, §2, is 
repealed and the following enacted in its place: 
K.  A person employed exclusively and regularly by an employer in connection with 
the affairs of the employer only, and there exists a bona fide employer-employee 
relationship in which the employee is reimbursed on an hourly basis; 
Sec. 26.  32 MRSA §8104, sub-§2, ¶L is enacted to read: 
L.  A person acting within the scope of the person's professional practice to analyze 
facts, evidence or other data for the purposes of supplying expert testimony in a legal 
proceeding; or 
Sec. 27.  32 MRSA §8104, sub-§2, ¶M is enacted to read: 
M.  An Internet research company or an individual who is solely engaged in the 
retrieval of data from an online source or database and who does not question 
individuals in person, by phone or by electronic means, when those electronic means 
are used as a tool to gather information for a fee. 
Sec. 28.  32 MRSA §8105, first ¶, as enacted by PL 1981, c. 126, §2, is amended 
to read: 
A person is qualified to be licensed as a private professional investigator who: 
Sec. 29.  32 MRSA §8105, sub-§1, as enacted by PL 1981, c. 126, §2, is amended 
to read: 
1.  Age.  Is at least 18 21 years of age; 
Sec. 30.  32 MRSA §8105, 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 which 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 shall must be made in writing, based upon evidence recorded by a 
governmental entity. The commissioner chief shall consider matters recorded within the 
previous 5 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. 31.  32 MRSA §8105, sub-§5, as amended by PL 2009, c. 20, §1, is further 
amended to read: 
5.  Application.  Submits an application approved by the chief that contains, at a 
minimum, includes the following information: 
A.  Full The applicant's full name; 
B.  Full The applicant's full current residential address and the applicant's residential 
addresses for during the prior previous 5 years; 
C.  The applicant's date and place of birth, height, weight and color of eyes; 
D.  A written statement signed by the applicant granting the chief of police authority 
to check the criminal records of any law enforcement agency that pertains 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 necessary to 
resolve any question as to the applicant's identity; and 
E.  Answers The 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)  Have you been adjudged mentally defective or been committed to a mental 
institution within the past 5 years? or 
(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. 32.  32 MRSA §8105, sub-§7-A, as amended by PL 2001, c. 298, §3, is 
further amended to read: 
7-A.  Experience.  Meets at least one of the following criteria:  
A.  Has been employed for consideration for a minimum of 1,700 hours as an 
successfully completed an investigative assistant possessing a valid license issued by 
the commissioner.  The 1,700 hours must have been completed within 2 years 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 sponsorship 
program pursuant to section 8110-B and who has a minimum of 60 academic credits 
of postsecondary education in a related field of study or an equivalent certificate of 
study for private investigation; 
B.  Has been employed for a minimum of one year 3 years as a member of an 
investigative service of the United States or as a sworn member of a branch of the 
United States Armed Forces or a federal investigative agency.  For purposes of this 
paragraph, "a member of an investigative service of the United States" means a 
full-time federal investigator or detective of the United States Armed Forces; 
B-1.  Has held for a period of not less than 3 years a valid professional investigator's 
license granted under the laws of another state or territory of the United States if: 
(1)  The requirements of the state or territory for a professional investigator's 
license were, at the date of the licensing, substantially equivalent to the 
requirements of this chapter; and 
(2)  The other state or territory grants similar reciprocity to license holders in this 
State; 
C.  Has been employed for a minimum of one year 3 years as a law enforcement 
officer of a state or political subdivision of a state and has met the training 
requirements set forth in Title 25, section 2804-C, or is qualified to receive a waiver 
from those requirements; or 
D.  Possesses a minimum of 6 years of preparation consisting of a combination of: 
(1)  Work experience, including at least 2 years in a nonclerical occupation 
related to law or the criminal justice system; and 
(2)  Educational experience, including at least: 
(a)  Sixty academic credits of post-secondary postsecondary education in a 
related field of study acquired at an accredited junior college, college or 
university; or 
(b)  An associate degree in law enforcement, based on 2 years of 
post-secondary instruction, conferred by 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 or other course of study certified by the computer 
forensics industry; and or 
(c)  An associate degree in any related studies that are acceptable to the chief; 
and 
Sec. 33.  32 MRSA §8105, sub-§8, as enacted by PL 1981, c. 126, §2, is amended 
to read: 
8.  Examination.  Has passed an examination administered by the commissioner 
chief covering subjects pertaining to private investigation to be prescribed by him the 
chief, provided that except that a person currently licensed, as described in section 8106, 
may at no time be required to take any such examination. 
Sec. 34.  32 MRSA §8106, as enacted by PL 1981, c. 126, §2, is amended to read: 
§8106.  Acquisition of license by persons currently licensed 
A person possessing, under Maine law, a valid private professional investigator's 
license on the effective date of this chapter whose license then expires, shall by 
application, compliance with section 8105, subsection 8 and payment of the required fee, 
be is entitled to a private professional investigator's license. 
Sec. 35.  32 MRSA §8107, as enacted by PL 1981, c. 126, §2, is amended to read: 
§8107.  Application for original license 
Applications for original licenses shall must be made to the commissioner chief in 
writing under oath on forms prescribed by him the chief with respect to the requirements 
of section 8105. The application shall must be accompanied by the fee required under 
section 8117, and by a certification, by each of 3 reputable citizens of the State, of the 
following: 
1.  Residence.  That he the reputable citizen resides in the community in which the 
applicant resides, has a place of business or proposes to conduct his the applicant's private 
investigator investigation business; 
2.  Knowledge of applicant.  That he the reputable citizen has personally known the 
applicant for at least 3 years; 
3.  Relation to applicant.  That he the reputable 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 he the reputable citizen has read the 
application and believes each statement in it to be true. 
Sec. 36.  32 MRSA §8108, as enacted by PL 1981, c. 126, §2, is repealed. 
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 revoked or suspended, renewable every 4 years after the initial term. 
Sec. 38.  32 MRSA §8110, sub-§2, as amended by PL 1983, c. 221, §1, is further 
amended to read: 
2.  Application.  Application An application for an investigative assistant's license 
shall must be made to the commissioner chief in accordance with the requirements of 
sections section 8105, subsection 5 and section 8107. The application shall must be 
accompanied by the fee required under section 8117. 
Sec. 39.  32 MRSA §8110, sub-§3, as amended by PL 2003, c. 620, §2, is further 
amended to read: 
3.  Term of license.  The investigative assistant's license is valid for 2 years from the 
date of issuance and is not renewable.  Within those 2 years the investigative assistant 
must complete 1,200 hours of training. 
Sec. 40.  32 MRSA §8110-A, as enacted by PL 1985, c. 207, §1, is amended to 
read: 
§8110-A.  Employment of investigative assistant 
A private professional investigator duly licensed under this chapter whose primary 
place of business is located in the State may employ an investigative assistants provided 
that assistant pursuant to section 8110-B as long as: 
1.  Limit on number of investigative assistants.  No more than 3 one investigative 
assistants are assistant is employed at one time; and 
2.  Investigative assistant to be licensed.  Each The investigative assistant is duly 
licensed under this chapter. 
Sec. 41.  32 MRSA §8110-B is enacted to read: 
§8110-B.  Sponsorship of investigative assistant 
1.  Supervision and documentation of investigative assistant's activities.  The 
sponsoring professional investigator is responsible for overseeing and documenting the 
activities of the investigative assistant under the sponsoring professional investigator's 
supervision, including: 
A.  Keeping a record of all 1,200 training hours, including hours worked on specific 
activities performed by the investigative assistant; and 
B.  Providing specific training in areas determined by the chief by rule. 
2.  Distribute materials.  The holder of an investigative assistant's license may not 
obtain or distribute any materials, such as a business card, letterhead, invoice or brochure, 
in any name other than that of the sponsoring professional investigator. 
3.  Termination of investigative assistant.  A duly licensed professional investigator 
who terminates the sponsorship of a licensed investigative assistant must notify the chief 
of the termination immediately.  The notification must be in writing and contain the cause 
of the termination.  The chief shall immediately notify the investigative assistant that the 
investigative assistant must cease all licensed activity. 
4.  Rules.  The chief, with the assistance of the board, shall adopt rules that establish 
the responsibilities of the investigative assistant and the sponsoring professional 
investigator.  Rules adopted pursuant to this subsection are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 42.  32 MRSA §8111, as enacted by PL 1981, c. 126, §2, is amended to read: 
§8111.  Bonding and insurance requirements 
1.  Bonding requirement.  A person licensed as a private professional investigator 
shall give to the commissioner chief a bond in the sum of $10,000 if he the licensee is a 
resident of the State and in the sum of $50,000 if he the licensee is not a resident of the 
State.  
A person licensed as an investigative assistant shall give to the commission chief a bond 
in the sum of $20,000. 
2.  Form of a bond.  Each bond shall must:  
A.  Be in a form prescribed by the commissioner chief; 
B.  Be executed by the licensee as principal and by a surety company authorized to do 
business in this State as surety; and 
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 his the licensee's own name, an action on the 
bond. 
3.  Insurance requirement.  A person licensed as a professional investigator shall 
provide to the chief proof of insurance naming the licensee as the insured issued by an 
insurer authorized to do business in the State in the amount of a minimum of $10,000 in 
property damages, $100,000 for injury or death of a person and $200,000 for injuries to 
or deaths of more than one person arising out of the operation of the licensed activity.  
Proof of insurance must be submitted to the chief annually. 
Sec. 43.  32 MRSA §8113, as amended by PL 2001, c. 298, §§4 and 5, is further 
amended to read: 
§8113.  Refusal; suspension; revocation; grounds 
The commissioner In accordance with the Maine Administrative Procedure Act, the 
chief 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 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 
chapter, impose probationary conditions or a fine 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 which that involves 
dishonesty or false statement or which that relates directly to the practice for which the 
licensee is licensed or which 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 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 and insurance bond.  Failure to maintain a bond and 
insurance 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 which 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 which 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; or 
8.  Representation that licensee is sworn peace officer.  Representation by the 
licensee which that suggests, or which 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 of the Federal Government.; 
9.  Unpermitted contact with a child.  Contact or communication with a child who 
has not attained 14 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.  Knowingly and willfully 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. 
Sec. 44.  32 MRSA §8113-A, as amended by PL 1995, c. 65, Pt. A, §132 and 
affected by §153 and Pt. C, §15, is further amended to read: 
§8113-A.  Suspension for refusal 
1.  Immediate suspension.  If the commissioner chief has probable cause to believe 
that a person licensed pursuant to this chapter is required to submit to chemical testing for 
the presence of intoxicating liquor or drugs pursuant to Title 17-A, section 1057 or for 
conduct that occurs while the licensee is in possession of a loaded firearm and the 
licensee refuses to submit to the required testing, the commissioner chief shall 
immediately suspend the licensee's right to carry a concealed firearm. 
2.  Report to chief.  The A law enforcement officer who has probable cause to 
require chemical testing shall promptly notify the commissioner chief of the a licensee's 
refusal and provide the commissioner chief with a report of the facts and circumstances of 
the requirement to submit to chemical testing and of the licensee's refusal. 
3.  Suspension in effect during pendency.  The A suspension remains 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, ATV 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. 45.  32 MRSA §8114, as corrected by RR 2003, c. 2, §98, is amended to read: 
§8114.  Unlawful acts 
1.  Acting without license; false representation.  It is a Class D crime for any 
person knowingly to commit any of the following acts:  
A.  Subject to section 8104, to act as a private professional investigator without a 
valid license; 
B.  To falsely represent that he the person is the holder of a valid license; 
C.  To falsely represent that any person in his the person's employ is a private 
professional investigator or investigative assistant; or 
D.  To make any false statements or material omission in any application filed with 
the commissioner chief. 
2.  Representation as peace officer; employment of felon; failure to surrender 
license.  It is a Class D crime for a licensed private professional investigator or 
investigative assistant knowingly to commit any of the following acts:  
A.  To make 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 private professional investigator or investigative assistant is a sworn peace 
officer of this State, any political subdivision thereof of this State, or any other state 
or of the Federal Government; 
B.  To employ, in connection with a private investigator investigation business, in 
any capacity, any person who has been convicted of a felony or any former licensee 
whose license has been revoked; or 
C.  To fail or refuse 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 licensed private 
professional investigator knowingly to employ or engage any other person to act as a 
private professional investigator unless the person so employed or engaged is licensed as 
a private professional investigator or investigative assistant. 
4.  Failure of investigative assistant to return equipment.  It is a Class D crime for 
a licensed investigative assistant knowingly to fail to return immediately on demand, or 
within 7 days of termination of his employment the investigative assistant's sponsorship, 
any item of equipment issued to him the investigative assistant by his employer the 
investigative assistant's sponsor. 
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; 
C.  To interfere 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 own 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 own 
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 which 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. 46.  32 MRSA §8114-A is enacted to read: 
§8114-A.  Complaint investigation; disciplinary actions 
1.  Complaint investigation.  The chief shall investigate a complaint, on the chief's 
own motion or upon receipt of a written complaint filed with the chief, regarding 
noncompliance with or violation of this chapter or of rules adopted by the chief.  The 
chief shall adopt rules regarding the receipt and investigation of complaints.  Rules 
adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
The chief shall notify the licensee of the content of the complaint filed against the 
licensee as soon as possible, but not less than 60 days after receipt of the information.  
The licensee shall respond within 30 days.  If the chief determines that a violation took 
place but was not of a serious nature, the chief may issue a written warning to the 
licensee.  A copy of the warning and licensee's response to the complaint must be placed 
in the licensee's permanent file. 
The licensee may, within 30 days of receipt of a warning, file a request for a hearing.  
Upon receipt of the request, the chief shall set aside the written warning and set the 
matter for hearing in accordance with the provisions of the Maine Administrative 
Procedure Act. 
2.  Hearing.  If an investigation under subsection 1 reveals evidence supporting the 
complaint, the chief shall set the matter for hearing in accordance with the provisions of 
the Maine Administrative Procedure Act before suspending or revoking a license or 
imposing probationary or supervisory conditions or a fine. 
3.  Aggrieved by disciplinary action.  A licensee aggrieved by a disciplinary action 
of the chief may bring an action in the Superior Court. 
4.  Voluntary compliance.  At any time during the investigative or hearing process 
under this section, the chief may accept an assurance of voluntary compliance from the 
licensee if the assurance effectively deals with the complaint. 
Sec. 47.  32 MRSA §8115, as enacted by PL 1981, c. 126, §2, is repealed and the 
following enacted in its place: 
§8115.  Identification cards; badges prohibited 
1.  Issuance of identification cards.  The chief 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 professional 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. 48.  32 MRSA §8116, as enacted by PL 1981, c. 126, §2, is amended to read: 
§8116.  Powers of the chief 
1.  Subpoenas.  In any investigation conducted by the commissioner chief under this 
chapter, the commissioner chief may issue subpoenas to compel the attendance of 
witnesses and the production of evidence relevant to any fact in issue. 
2.  Contempt.  If a witness refuses to obey a subpoena or to give any evidence 
relevent relevant to proper inquiry by the commissioner chief, 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 him the witness to appear before the Superior Court to show cause why he 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 the witness in doing 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. 
3.  Rules.  The commissioner chief shall adopt all rules necessary to administer this 
chapter, including, but not limited to, fixing application and license fees, standards of 
acceptable professional conduct and establishing a training requirement for investigative 
assistants.  Rules adopted pursuant to this subsection are routine technical rules as defined 
in Title 5, chapter 375, subchapter 2-A. 
Sec. 49.  32 MRSA §8117, as amended by PL 2003, c. 620, §4, is further amended 
to read: 
§8117.  Fees 
1.  Amount.  The fee for an original biennial license is $400 $500, of which $50 must 
be submitted with the application and $350 $450 must be submitted upon issuance of the 
license.  The fee for a 4-year renewal is $400 $500, which is refundable upon denial of 
renewal.  The fee for an investigative assistant's license is $600, of which $200 must be 
submitted with the application and $400 must be submitted upon issuance of the license. 
2.  Expiration.  If a previously issued license has expired and not been renewed 
within a period of 60 days, the application shall must be considered the original 
application and the same fees and all requirements of an original application shall apply. 
3.  Expenses.  The fees required under this chapter shall must be applied to the 
expense of administering this chapter. 
Sec. 50.  32 MRSA §8120-A, as enacted by PL 1997, c. 360, §5, is amended to 
read: 
§8120-A.  Firearms 
A private professional investigator licensed under this chapter may carry a firearm 
while performing the duties of a private professional investigator only after being issued a 
concealed weapons permit by the Chief of the State Police under chief pursuant to Title 
25, chapter 252 and passing the written firearms examination prescribed by the 
commissioner chief. 
Sec. 51.  32 MRSA §8121, as enacted by PL 2003, c. 620, §5, is amended to read: 
§8121.  Confidentiality when under contract to law enforcement agency 
A private professional investigator or investigative assistant who enters into a written 
contract with a law enforcement agency in this State to provide investigative services or 
consultation to the law enforcement agency is subject to the same provisions of law 
regarding confidentiality as are employees of the law enforcement agency with which the 
private professional investigator or investigative assistant is under contract. 
Sec. 52.  32 MRSA §8122 is enacted to read: 
§8122.  Professional investigators immune from civil liability 
A professional investigator who reports criminal activity to a law enforcement agency 
is immune from civil liability for making a report or information available to law 
enforcement as long as it is made in good faith and with reasonable belief in its accuracy 
and is in compliance with this chapter. 
Sec. 53.  32 MRSA §8123 is enacted to read: 
§8123.  Proof of valid professional investigator's license 
A person or company soliciting work or employment as a professional investigator 
must 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. 54.  32 MRSA §8124 is enacted to read: 
§8124.  Violation 
A person who violates this chapter commits a civil violation for which a fine of not 
less than $500 may be adjudged. 
Sec. 55.  Staggered terms.  Notwithstanding the Maine Revised Statutes, Title 32, 
section 8103-A, subsection 4, in appointing members to the Department of Professional 
and Financial Regulation, Board of Licensure of Professional Investigators, the Governor 
shall appoint one member of the Maine State Police for a one-year term and one member 
from the Maine State Police for a 2-year term and the first public member for a one-year 
term and the 2nd public member for a 2-year term.  All other members are appointed for 
3-year terms. 
Sec. 56.  Maine Revised Statutes headnote amended; revision clause.  In 
the Maine Revised Statutes, Title 32, chapter 89, in the chapter headnote, the words 
"private investigators" are amended to read "professional investigators" and the Revisor 
of Statutes shall implement this revision when updating, publishing or republishing the 
statutes. 
SUMMARY 
This bill amends the private investigator laws by changing the terms "private 
investigator" to "professional investigator" and "private investigating" to "private 
investigation."  It also changes the jurisdiction over professional investigators from the 
Commissioner of Public Safety to the Chief of the State Police.  The bill also exempts 
persons who undertake Internet research solely for retrieval of data from online sources 
or databases and who do not question individuals in person, by phone or electronic means 
from having to be licensed as a professional investigator. 
The bill requires a licensee to renew a license even if the license has been suspended.  
It gives the Chief of the State Police the authority to refuse to issue, suspend or revoke a 
license, to impose probationary conditions or a fine or to issue a written warning if the 
licensee has unpermitted contact or communication with a child, makes a material 
misstatement in filing an application for a license, violates the standards of acceptable 
professional conduct or commits an act that would have been cause for refusal to issue a 
license. 
The bill requires the Chief of the State Police to investigate a complaint for 
noncompliance or violation of the professional investigator laws or rules.  It requires the 
Chief of the State Police to notify the licensee, if a complaint has been filed against a 
licensee, of the content of the complaint not less than 60 days after receipt of the written 
complaint.  It requires the Chief of the State Police to adopt rules regarding the receipt 
and investigation of complaints.  The bill also requires the Chief of the State Police to 
adopt rules regarding the standards of acceptable professional conduct.