S2106

An Act concerning licensed private detectives, amending P.L.1939, c.369, and supplementing Title 53 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 5 of P.L.1939, c.369 (C.45:19-12) is amended to read as follows:

5. The superintendent, when satisfied from the examination of any application and such further inquiry and investigations as he shall deem proper as to the good character, competency, and integrity of the applicant and the persons named in the application, shall issue and deliver to the applicant a license to conduct such business. [Such]

A licensee shall notify the State Police when employed by a foreign government or foreign national. This notification is in addition to any requirement under federal law regarding an individual operating at the direction of a foreign government. Upon issuance of a license, or a license renewal, the superintendent shall notify the licensee that the licensee is required to notify the State Police when employed by a foreign government or foreign national.

The licensee shall be permitted to own, conduct, and maintain one or more bureaus, agencies, subagencies, offices, or branch offices for the conduct of such business at the locations stated in said application, upon the payment by the applicant to the superintendent of a license fee for each location so licensed which in the case of an individual shall be $250[.00], and in the case of a firm, association, or corporation shall be $300[.00]. Any license or renewal thereof shall be further conditioned upon the applicant executing and delivering to the superintendent a bond with a surety company authorized to be surety in the State of New Jersey, as surety, and approved as to form, manner of execution, and sufficiency by the superintendent of the State Police, running to the State of New Jersey and which shall be for the benefit of any person injured by willful, malicious, or wrongful act of the applicant (with a sufficient surety bond), which in the case of an individual shall be $3,000[.00], and in the case of a firm, association, or corporation $5,000[.00], which said bond shall be conditioned for the faithful and honest conduct of such business by the applicant. The license so granted by the superintendent shall be valid for a period of [2] two years, and upon renewal thereof said applicant shall pay to the superintendent in the case of an individual a license fee of $200[.00] and in the case of a firm, association, or corporation $250[.00] for each location for which such a license is renewed. The license shall be revocable by the superintendent after hearing for cause. In case of revocation or surrender of any license, no refund shall be made of any license fee paid under the provisions hereof. The license shall be in a form to be prescribed by the superintendent and shall set forth the full name of the applicant, the location of the principal office or place of business, and the location of each bureau, agency, subagency, office, or branch office for which the license is issued, date on which it is issued, the date on which it will expire, and the name or names of the persons named in the application, and their respective addresses. In the event of any change in the membership of the firm or in the officers or directors of any association or corporation or any change in the address of any office or location of such business the superintendent shall be notified in writing of such change within [5] five days thereafter, and failure to give such notification shall be sufficient cause for revocation of such license.

No license shall be issued to a person under the age of 25 years, nor to any person, firm, association, or corporation unless such person or at least one member of the firm and one officer or director of the association or corporation has had at least [5] five years' experience as an investigator or as a police officer with an organized police department of the State or a county or municipality thereof, or with an investigative agency of the United States of America or any State, county, or municipality thereof.

The superintendent and all members of the State Police shall hold as confidential all information obtained as a result of any investigation of any applicant or officer, assistant, or employee of any holder of any license issued under the provisions of this act, and the same shall not be divulged except by an order [so to do by] of a court of record of this State.

(cf: P.L.1971, c.342, s.2)

2. (New Section) a.The Superintendent of State Police shall maintain a registry of private detectives licensed in this State pursuant to section 5 of P.L.1939, c.369 (C.45:19-12) who are employed by foreign nationals or foreign governments. The registry shall be available to only the Attorney General and members of the State Police.

b. The registry shall include:

(1) the name of the private investigator;

(2) the business name associated with the private investigator;

(3) the address at which the business is registered;

(4) the name and business name of the employer; and

(5) the address of the employer.

3. This act shall take effect on the first day of the sixth month next following enactment, except that the Superintendent of State Police may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.

STATEMENT

This bill requires private detectives to register their foreign employers with the State Police.

Current federal law (18 U.S.C. s.951) requires any individual acting at the direction of a foreign government to notify the United States Attorney General. This bill also requires a licensed private detective to notify the State Police when employed by a foreign government or foreign national. This notification is in addition to any requirements under federal law.

Further, under the bill, upon issuance of a license or a license renewal, the Superintendent of State Police is required to notify the licensee that the licensee is required to notify the State Police when employed by a foreign government or foreign national.

Finally, the bill requires the State Police to maintain a registry of private detectives licensed in this State who are employed by foreign nationals or foreign governments. The registry is available only to the Attorney General and members of the State