Exhibit_1_to_Attachment_J1_(State_of_Arkansas_90th_General_Assembly,_Act_393,_Senate_Bill_164)_.pdf

Exhibit - 1

State of Arkansas 90th General Assembly, Act 393, Senate Bill 164 to

Attachment - J1

Performance Work Statement

Stricken language would be deleted from and underlined language would be added to present law.

Act 393 of the Regular Session

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State of Arkansas As Engrossed: S2/5/15 1

90th General Assembly A Bill 2

Regular Session, 2015 SENATE BILL 164 3

By: Senators J. Hutchinson, G. Stubblefield, A. Clark 5

For An Act To Be Entitled 7

AN ACT CONCERNING THE ADMINISTRATION OF PRIVATE 8

SECURITY LICENSES, PRIVATE INVESTIGATOR CREDENTIALS, 9

PRIVATE SECURITY AGENCY LICENSES, AND SCHOOL SECURITY 10

OFFICER AND SECURITY OFFICER COMMISSIONS; TO ABOLISH 11

THE ARKANSAS BOARD OF PRIVATE INVESTIGATORS AND 12

PRIVATE SECURITY AGENCIES; TO VEST THE DEPARTMENT OF 13

ARKANSAS STATE POLICE WITH CERTAIN ADMINISTRATIVE 14

DUTIES TO ISSUE LICENSES, CREDENTIALS, AND 15

COMMISSIONS; CONCERNING THE LICENSURE OF POLYGRAPH 16

EXAMINERS AND CERTIFIED VOICE STRESS ANALYSIS 17

EXAMINERS; AND FOR OTHER PURPOSES. 18

Subtitle 21

CONCERNING PRIVATE SECURITY LICENSES, 22

PRIVATE INVESTIGATOR CREDENTIALS, PRIVATE 23

SECURITY AGENCY LICENSES, SCHOOL SECURITY 24

OFFICER AND SECURITY OFFICER COMMISSIONS, 25

AND POLYGRAPH AND VOICE STRESS ANALYSIS 26

EXAMINER LICENSES. 27

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 30

SECTION 1. DO NOT CODIFY. Abolition of board. 32

(a) The Arkansas Board of Private Investigators and Private Security 33

Agencies established by the Private Investigators and Private Security 34

Agencies Act, § 17-40-101 et seq., is abolished, and its powers, duties, and 35 functions, records, personnel, property, unexpended balances of 36

As Engrossed: S2/5/15 SB164

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appropriations, allocations, or other funds are transferred to the Department 1 of Arkansas State Police by a type 3 transfer under § 25-2-106. 2

(b) For the purposes of this act, the Department of Arkansas State 3

Police shall be considered a principal department established by Acts 1971, 4

No. 38. 5

SECTION 2. Arkansas Code § 16-90-1416(a)(2), concerning the release of 7 a sealed criminal record, is amended to read as follows: 8

(2) A criminal justice agency, as defined in § 12-12-1001, and 9 the request is accompanied by a statement that the request is being made in 10 conjunction with: 11

(A) an An application for employment with the criminal 12 justice agency by the person whose record has been sealed; or 13

(B) A criminal background check under the Polygraph 14

Examiners Licensing Act, § 17-39-101 et seq., or the Private Security Agency, 15

Private Investigator, and School Security Licensing Act, § 17-40-101 et seq.; 16

SECTION 3. Arkansas Code § 17-39-102 is amended to read as follows: 18

17-39-102. Definitions. 19

As used in this chapter: 20

(1) “Administrator” means the Administrator of the Arkansas Board of 21

Private Investigators and Private Security Agencies; 22

(2) “Board” means the Arkansas Board of Private Investigators and 23

Private Security Agencies created by § 17-40-201; 24

(3) “Intern” means a person who holds a valid polygraph examiner 25 intern license by the board; 26

(4) “Internship” means the study of polygraph examinations and of the 27 administration of polygraph examinations by an intern under the personal 28 supervision and control of a licensed polygraph examiner as authorized by the 29 board; 30

(5) “Person” means any natural person, firm, association, 31 copartnership, or corporation; and 32

(6) “Polygraph examiner” means any person who uses any device or 33 instrument to test or question individuals for the purpose of verifying truth 34 of statements. 35

(1) “Intern” means a person who holds a valid intern polygraph 36

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examiner license issued by the Director of the Department of Arkansas State 1

Police; 2

(2) “Internship” means the study of polygraph examinations and of the 3 administration of polygraph examinations by an intern under the personal 4 supervision and control of a licensed polygraph examiner as authorized by the 5 law or any rule issued by the director; 6

(3) “Person” means a natural person, firm, association, copartnership, 7 or corporation; and 8

(4) “Polygraph examiner” means a person who uses any device or 9 instrument to test or question individuals for the purpose of verifying the 10 truth of statements. 11

SECTION 4. Arkansas Code § 17-39-103 is amended to read as follows: 13

17-39-103. Penalties. 14

Any person who violates any provision of this chapter or any person who 15 falsely states or represents that he or she has been or is a properly 16 licensed polygraph examiner or intern shall be guilty of a misdemeanor. Upon 17 conviction, that person shall be punished by a fine of not less than one 18 hundred dollars ($100) nor more than one thousand dollars ($1,000) or by 19 imprisonment in the county jail for a term of not to exceed six (6) months, 20 or both. 21

(a) A person who violates this chapter or who falsely states or 22 represents that he or she is a properly licensed polygraph examiner or intern 23 upon conviction is guilty of a Class A misdemeanor. 24

(b) It is unlawful for a person to conduct a polygraph examination in 25 the State of Arkansas unless that person holds a valid license as a polygraph 26 examiner or intern that is issued by the Director of the Department of 27

Arkansas State Police. 28

(c) For each violation of this chapter, the director may deny, 29 suspend, or revoke a license and: 30

(1) Fine the licensee an amount not to exceed one thousand 31 dollars ($1,000); 32

(2) Reprimand the licensee; or 33

(3) Both issue a fine and reprimand the licensee. 34

SECTION 5. Arkansas Code § 17-39-104 is amended to read as follows: 36

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17-39-104. Injunction. 1

(a) If any a person violates any provisions of this chapter, the 2

Administrator of the Arkansas Board of Private Investigators and Private 3

Security Agencies, upon direction of a majority of the Arkansas Board of 4

Private Investigators and Private Security Agencies and in the name of the 5

State of Arkansas Director of the Department of Arkansas State Police, 6 through the Attorney General, shall may apply in any circuit court of 7 competent jurisdiction for an order enjoining the violation or for an order 8 enforcing compliance with this chapter. 9

(b)(1) Upon the filing of a verified petition in the court, the court 10 or any judge thereof, if satisfied by affidavit or otherwise that the person 11 has violated this chapter, may issue a temporary injunction, without notice 12 or bond, enjoining the continued violation. 13

(2) If it is established that the person has violated or is 14 violating this chapter, the court or any judge thereof may enter a decree 15 perpetually enjoining the violation or enforcing compliance with this 16 chapter. 17

(c) In case of violation of any order or decree issued under the 18 provisions of this section, the court or any judge thereof may try and punish 19 the offender for contempt of court. 20

(d) Proceeding Proceedings under this section shall be in addition to, 21 and not in lieu of, all other remedies and penalties provided by this 22 chapter. 23

SECTION 6. Arkansas Code § 17-39-105 is amended to read as follows: 25

17-39-105. Evidence. 26

Nothing in this This chapter shall not be construed as permitting the 27 results of a polygraph examinations examination to be introduced or admitted 28 as evidence in a court of criminal law a criminal proceeding. 29

SECTION 7. Arkansas Code § 17-39-106 is amended to read as follows: 31

17-39-106. Board — Powers and duties. Director of the Department of 32

Arkansas State Police — Powers and duties. 33

(a) The Arkansas Board of Private Investigators and Private Security 34

Agencies is authorized and empowered to perform and carry out the functions 35 and duties enumerated in this chapter with respect to the licensing of 36

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polygraph examiners and to do and perform all other acts incidental and 1 necessary to the proper performance of the functions and duties as prescribed 2 in this chapter. 3

(b) The board shall issue rules consistent with the provisions of this 4 chapter for the administration and enforcement of this chapter and shall 5 prescribe forms which shall be issued in connection therewith. 6

(c) An order or a certified copy thereof, over the board seal and 7 purporting to be signed by the board members, shall be prima facie proof that 8 the signatures are the genuine signatures of the board members and that the 9 board members are fully qualified to act. 10

(d) The position of Administrator of the Arkansas Board of Private 11

Investigators and Private Security Agencies is created. The Director of the 12

Department of Arkansas State Police, or his or her designated representative, 13 shall serve as the administrator. The administrator shall not be a member of 14 the board, shall perform duties prescribed by the board, and shall have no 15 financial or business interests, contingent or otherwise, in any security 16 services contractor or investigating company. 17

(e) All legal process and all documents required by law to be served 18 upon or filed with the board shall be served or filed with the administrator 19 at the designated office of the board. 20

(f) All official records of the board or affidavits by the 21 administrator as to the content of the records shall be prima facie evidence 22 of all matters required to be kept by the board. 23

(a) The Director of the Department of Arkansas State Police may 24 perform the functions and duties enumerated in this chapter with respect to 25 the licensing of polygraph examiners and interns and perform all other acts 26 incidental and necessary to the proper performance of the functions and 27 duties as prescribed in this chapter. 28

(b) The director shall issue rules consistent with this chapter for 29 the administration and enforcement of this chapter and shall prescribe and 30 issue forms in connection with these rules. 31

(c) The director shall perform duties prescribed by this chapter and 32 shall have no financial, personal, or business interests, contingent or 33 otherwise, in an entity within his or her licensing authority. 34

(d) The director or his or her designee is the agent for service of 35 process for all legal process and documents required by law to be served in 36

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conjunction with this chapter. 1

SECTION 8. Arkansas Code § 17-39-107 is amended to read as follows: 3

17-39-107. Disposition of funds. 4

(a) All fees collected under the provisions of this chapter shall be 5 deposited into the State Treasury to the credit of the Department of Arkansas 6

State Police Fund. 7

(b)(1) All funds received by the Arkansas Board of Private 8

Investigators and Private Security Agencies Department of Arkansas State 9

Police shall be deposited into the State Treasury as special revenues to the 10 credit of the fund Department of Arkansas State Police Fund. 11

(2) Money remaining at the end of the fiscal year shall not 12 revert to any other fund but shall carry over to the next fiscal year. 13

SECTION 9. Arkansas Code § 17-39-109 is amended to read as follows: 15

17-39-109. Instrumentation. 16

(a) Every polygraph examiner or intern shall use an instrument which 17 records visually, permanently, and simultaneously a subject's: 18

(1) A subject's cardiovascular Cardiovascular pattern; 19

(2) Electrodermal activity; and 20

(3) A subject's respiratory Respiratory pattern. 21

(b) Patterns of other physiological changes in addition to those 22 described in this section may also be recorded. 23

SECTION 10. Arkansas Code Title 17, Chapter 39, Subchapter 1, is 25 amended to add a new section to read as follows: 26

17-39-110. Director of the Department of Arkansas State Police — 27

Designee. 28

The Director of the Department of Arkansas State Police may designate a 29 person on his or her staff to administer and carry out the provisions of this 30 chapter. 31

SECTION 11. Arkansas Code § 17-39-201 is amended to read as follows: 33

17-39-201. License required. 34

It shall be is unlawful for any a person, including a city, county, or 35 state employee, to administer polygraph examinations or attempt to hold 36

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himself or herself out as a polygraph examiner or intern without a license 1 polygraph examiner license or intern polygraph examiner license approved and 2 issued by the Arkansas Board of Private Investigators and Private Security 3

Agencies Director of the Department of Arkansas State Police. 4

SECTION 12. Arkansas Code § 17-39-202 is amended to read as follows: 6

17-39-202. Qualifications. 7

(a) A person is qualified to receive a license as an examiner who: 8

(1) Is at least twenty-one (21) years of age; 9

(2) Has not been found guilty of or pleaded guilty or nolo 10 contendere to a felony or a misdemeanor involving moral turpitude; 11

(3) Holds a baccalaureate degree from a college or university 12 accredited by the American Association of Collegiate Registrars and 13

Admissions Officers or, in lieu thereof, has five (5) consecutive years of 14 active investigative experience immediately preceding his or her application; 15 and 16

(4) Is a graduate of a polygraph examiners course approved by 17 the Arkansas Board of Private Investigators and Private Security Agencies and 18 has satisfactorily completed not less than six (6) months of internship 19 training. 20

(b) Prior to the issuance of a license, the applicant must furnish 21 evidence of a surety bond or insurance policy to the board. The surety bond 22 or insurance policy shall be in the sum of five thousand dollars ($5,000). 23

The bond shall be conditioned that the obligor therein will pay to the extent 24 of the face amount of the surety bond or insurance policy all judgments which 25 may be recovered against the licensee by reason of any wrongful or illegal 26 acts committed by him or her in the course of his or her examinations. 27

A polygraph examiner license or an intern polygraph examiner license 28 may be issued to an applicant who: 29

(1) Is at least twenty-one (21) years of age at the time of 30 application; 31

(2)(A) Has successfully completed a criminal background check 32 and has not been found guilty of or pleaded guilty or nolo contendere to one 33

(1) or more of the following in any court in the State of Arkansas or a 34 comparable offense in another state or in a military or federal court, for 35 which a pardon has not been granted: 36

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(i) Felony; 1

(ii) Class A misdemeanor; 2

(iii) Crime involving violence; or 3

(iv) Crime involving moral turpitude. 4

(B) For the purposes of this subdivision (2), the criminal 5 background check shall include a record of all offenses that have been 6 previously sealed or expunged by any court; 7

(3) Holds a baccalaureate degree from a college or university 8 that is accredited by an accrediting agency approved by the United States 9

Secretary of Education or has at least five (5) consecutive years of active 10 law enforcement experience; 11

(4) Is a graduate of a polygraph examiners course approved by 12 the Director of the Department of Arkansas State Police and has 13 satisfactorily completed an intership of not less than six (6) months; 14

(5) Submits two (2) recent passport-style photographs of the 15 applicant; 16

(6) Is not required to register as a sex offender under the Sex 17

Offender Registration Act of 1997, § 12-12-901 et seq.; and 18

(7)(A)(i) Has furnished evidence of a surety bond or insurance 19 policy to the director or proof that the applicant is covered by a business 20 insurance policy. 21

(ii) The surety bond or insurance policy shall be in 22 the sum of five thousand dollars ($5,000). 23

(iii) The surety bond shall be conditioned that the 24 obligor therein pay to the extent of the face amount of the surety bond or 25 insurance policy all judgments recovered against the licensee by reason of 26 any wrongful or illegal acts committed by him or her in the course of 27 conducting a polygraph examination. 28

(B) An applicant who is conducting a polygraph examination 29 solely in the course of his or her employment with a law enforcement agency 30 may submit a letter from the county sheriff, municipal chief of police, or 31 director of a state agency that states that any liability incurred will be 32 covered under that entity's membership in the Arkansas Fidelity Bond Trust 33

Fund, a risk management pool, or liability coverage, if any, in order to meet 34 the requirement under this subdivision (7). 35

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SECTION 13. Arkansas Code § 17-39-203 is amended to read as follows: 1

17-39-203. Original Initial polygraph examiner license or intern 2 polygraph examiner license application. 3

(a) Applications for original licenses shall be made to the 4

Administrator of the Arkansas Board of Private Investigators and Private 5

Security Agencies in writing under oath on forms prescribed by the Arkansas 6

Board of Private Investigators and Private Security Agencies and shall be 7 accompanied by the required fee, which is not refundable. 8

(b) Any such application shall require the information that in the 9 judgment of the board will enable it to pass on the qualifications of the 10 applicant for a license. 11

(a) An application for an initial polygraph examiner license or intern 12 polygraph examiner license shall be made to the Director of the Department of 13

Arkansas State Police on forms prescribed by the director and shall be 14 accompanied by the required fee as set out in § 17-39-207. 15

(b) The burden is on the applicant to provide sufficient information 16 to bring himself or herself within the licensing standards and allow the 17 director to determine if the applicant is qualified to hold a license under 18 this chapter. 19

SECTION 14. Arkansas Code § 17-39-204 is amended to read as follows: 21

17-39-204. Agent for service for nonresident interns and licensees. 22

(a) In addition to other application requirements, a polygraph 23 examiner licensee or intern an intern polygraph examiner licensee who does 24 not maintain a place of business in Arkansas shall file with the Arkansas 25

Board of Private Investigators and Private Security Agencies Director of the 26

Department of Arkansas State Police an irrevocable consent that: 27

(1) Actions against the applicant licensee may be filed in any 28 appropriate court of any county or municipality of this state in which the 29 plaintiff resides or in which some part of the transaction occurred out of 30 which the alleged cause of action arose; and 31

(2) Process on Service of process of the action may be served 32 obtained on the applicant licensee by leaving two (2) copies thereof of the 33 process with the Administrator of the Arkansas Board of Private Investigators 34 and Private Security Agencies director. 35

(b) The consent shall stipulate and agree that the service of process 36

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upon the director shall be taken and held to be valid and binding for all 1 purposes. 2

(c) The administrator director shall immediately send promptly forward 3 one (1) copy of the process to the applicant licensee at the address shown on 4 the records of the board director by registered or certified mail, return 5 receipt requested. 6

SECTION 15. Arkansas Code § 17-39-205 is amended to read as follows: 8

17-39-205. License based on reciprocity License in another state or 9 territory. 10

An applicant who is a polygraph examiner licensed under the laws of 11 another state of the United States may be issued a two-year license by the 12

Arkansas Board of Private Investigators and Private Security Agencies upon 13 payment of a fee of one hundred and twenty dollars ($120) and the production 14 of satisfactory proof that the licensee meets the requirements of this 15 section: 16

(1) The applicant must meet the requirements of § 17-39-202; 17

(2) The applicant is at least twenty-one (21) years of age; 18

(3) The requirements of § 17-39-202(3) and (4) may be waived by the 19 board for the licensing of polygraph examiners in the particular state or 20 territory of the United States were at the date of the applicant's licensing 21 therein substantially equivalent to the requirements now in force in this 22 state; 23

(4) The applicant had lawfully engaged in the administration of 24 polygraph examinations under the laws of that state for at least two (2) 25 years prior to his or her application for a license under this chapter; and 26

(5) The other state grants similar reciprocity to license holders of 27 this state. 28

An applicant who is a polygraph examiner licensed under the laws of 29 another state or territory of the United States may be issued a two-year 30 license by the Director of the Department of Arkansas State Police upon the 31 production of satisfactory proof that the applicant: 32

(1)(A) Meets the requirements of §§ 17-39-202 and § 17-39-204. 33

(B) The director may waive the requirements of § 17-39-202(3) 34 and (4) for the licensing of polygraph examiners from a particular state or 35 territory of the United States when, at the date of the applicant's licensing 36

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in that state, the license is substantially equivalent to the requirements 1 now in force in this state; 2

(2) Has paid the fee under § 17-39-207(a)(1); and 3

(3) Had been actively and lawfully engaged in the administration of 4 polygraph examinations under the laws of that state or territory for at least 5 two (2) years before his or her application is submitted for a license under 6 this chapter. 7

SECTION 16. Arkansas Code § 17-39-206 is amended to read as follows: 9

17-39-206. Internship license Intern polygraph examiner license. 10

(a) Upon approval by the Administrator of the Arkansas Board of 11

Private Investigators and Private Security Agencies, the administrator shall 12 issue an internship license to an intern, provided that he or she applies for 13 the license and pays the required fee within ten (10) days prior to the 14 commencement of his or her internship. The application shall contain such 15 information as may be required by the Arkansas Board of Private Investigators 16 and Private Security Agencies. 17

(b) A person is qualified to receive an internship license if he or 18 she: 19

(1) Is at least twenty-one (21) years of age; 20

(2) Has not been found guilty of or pleaded guilty or nolo 21 contendere to any felony or a misdemeanor involving moral turpitude; 22

(3) Holds a baccalaureate degree from a college or university 23 accredited by the American Association of Collegiate Registrars and 24

Admissions Officers or, in lieu thereof, has five (5) consecutive years of 25 active investigative experience immediately preceding his or her application; 26 and 27

(4) Is a graduate of a polygraph examiners course approved by 28 the board. 29

(c) An internship license shall be valid for the term of twelve (12) 30 months from the date of issue. It may be renewed for any term not to exceed 31 six (6) months upon good cause shown to the board. 32

(a)(1) The Director of the Department of Arkansas State Police shall 33 issue an intern polygraph examiner license to an applicant, provided that he 34 or she submits a properly completed application, meets the licensing 35 requirements, and pays the required fee under § 17-39-207. 36

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(2) The application shall contain information required by the 1 director. 2

(b) A person is qualified to receive an intern polygraph examiner 3 license if he or she: 4

(1) Is at least twenty-one (21) years of age at the time of 5 application; 6

(2)(A) Has successfully completed a criminal background check 7 and has not been found guilty of or pleaded guilty or nolo contendere to one 8

(1) or more of the following in any court in the State of Arkansas or a 9 comparable offense in another state or in a military or federal court, for 10 which a pardon has not been granted: 11

(i) Felony; 12

(ii) Class A misdemeanor; 13

(iii) Crime involving violence; or 14

(iv) Crime involving moral turpitude. 15

(B) For purposes of this subsection, the criminal 16 background check shall include a record of all offenses that have been 17 previously sealed or expunged by any court; 18

(3) Holds a baccalaureate degree from a college or university 19 that is accredited by an accrediting agency approved by the United States 20

Secretary of Education or has at least five (5) consecutive years of active 21 law enforcement experience; 22

(4) Is a graduate of a polygraph examiners course approved by 23 the director; and 24

(5) Is not required to register as a sex offender under the Sex 25

Offender Registration Act of 1997, § 12-12-901 et seq. 26

(c)(1) An intern polygraph examiner license shall be valid for the 27 term of twelve (12) months from the date of issue. 28

(2) The intern polygraph examiner license may be renewed for one 29

(1) six-month period. 30

(d)(1) An intern polygraph examiner license that is not renewed is 31 permanently expired. 32

(2) A person whose intern polygraph examiner license expired 33 under subdivision (d)(1) of this section and who subsequently wishes to 34 obtain an intern polygraph examiner license shall make application as 35 required by this section. 36

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SECTION 17. Arkansas Code § 17-39-207 is amended to read as follows: 2

17-39-207. Examination — Fees. 3

(a) The fees to be paid for licenses shall be with an application for 4 a license under this chapter are as follows: 5

(1) For an original initial two-year polygraph examiner's 6 examiner license, one hundred twenty dollars ($120); 7

(2) For a one-year or less internship license intern polygraph 8 examiner license, thirty dollars ($30.00); 9

(3) For the issuance of a duplicate polygraph examiner's 10 examiner license or internship license intern polygraph examiner license, 11 fifteen dollars ($15.00); 12

(4) For a polygraph examiner's examiner two-year renewal 13 license, fifty dollars ($50.00); 14

(5) For the renewal of an internship intern polygraph examiner 15 license past for a period of six (6) months, twenty-five dollars ($25.00); 16 and 17

(6) For the issuance of an optional wallet-size polygraph 18 examiner licensee photo identification card or intern photo identification 19 card, fifteen dollars ($15.00).; and 20

(7) For the renewal of a polygraph examiner license that is 21 expired less than six (6) months, a late fee of twenty dollars ($20.00). 22

(b) A certified law enforcement officer who is a full-time employee of 23 a law enforcement agency and who is applying for a polygraph examiner license 24 or an intern polygraph examiner license for use solely in connection with his 25 or her employment with the law enforcement agency is exempt from the 26 licensing fee requirement under this section. 27

(c) All fees under this section are nonrefundable. 28

SECTION 18. Arkansas Code § 17-39-208 is amended to read as follows: 30

17-39-208. Display of license and signature. 31

A license A polygraph examiner license, an intern polygraph examiner 32 license, or the photo identification card issued by the Arkansas Board of 33

Private Investigators and Private Security Agencies must Director of the 34

Department of Arkansas State Police shall be prominently displayed at the 35 place of business of the polygraph examiner licensee or at the place of 36

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internship worn on his or her person. 1

SECTION 19. Arkansas Code § 17-39-209 is amended to read as follows: 3

17-39-209. Notification of address change. 4

Notice in writing shall be given to the Administrator of the Arkansas 5

Board of Private Investigators and Private Security Agencies Director of the 6

Department of Arkansas State Police by the licensed examiner polygraph 7 examiner licensee or the intern of any change of principal business location, 8 telephone number, or email address within thirty (30) days of the time he or 9 she changes the location, telephone number, or email address. 10

SECTION 20. Arkansas Code § 17-39-210 is amended to read as follows: 12

17-39-210. Expiration and renewal. 13

(a) Each polygraph examiner's examiner license shall be issued for the 14 term of two (2) years and, unless suspended or revoked, shall may be renewed 15 with such documentation as may be prescribed by the Arkansas Board of Private 16

Investigators and Private Security Agencies Director of the Department of 17

Arkansas State Police. 18

(b)(1) A polygraph examiner whose license has expired less than six 19

(6) months may renew the license by making a renewal application and paying 20 the renewal fees fee of fifty dollars ($50.00) and a late fee of twenty 21 dollars ($20.00) required by § 17-39-207. 22

(c)(2) However, any polygraph examiner's examiner license that 23 has been expired for more than six (6) months shall be deemed permanently 24 expired, and the licensee polygraph examiner shall begin the process again as 25 a new applicant. 26

(d)(3) The calculation of the late fee or expiration time may be 27 waived for a person who demonstrates that he or she was on active duty with 28 the armed forces of the United States Armed Forces or the National Guard 29 stationed outside of the State of Arkansas at the time of expiration. 30

(e)(4) The requirements, as set out by the board director, must 31 shall be met before renewal, including: 32

(1) Payment of all necessary fees; and 33

(2) Providing the board with proof the submission of proof to 34 the director of continuing polygraph examiner education of at least fourteen 35

(14) hours received successfully completed in the most recent two-year period 36

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by in a training course approved by the board director. 1

SECTION 21. Arkansas Code § 17-39-211 is amended to read as follows: 3

17-39-211. Refusal, denial, Denial, suspension, revocation — Grounds. 4

The Arkansas Board of Private Investigators and Private Security 5

Agencies may deny, suspend, or revoke a license on any one (1) or more of the 6 following grounds: 7

(1) Failure to inform a subject to be examined as to the nature of the 8 examination; 9

(2) Failure to inform a subject to be examined that his or her 10 participation in the examination is voluntary; 11

(3) Any violation of law or the rules of the board or failure to meet 12 the qualifications for licensure; 13

(4) Material misstatement in any application for license under this 14 chapter; 15

(5) Any misrepresentation or false promises or causing to be printed 16 any false or misleading advertisement for the purpose of directly or 17 indirectly obtaining business or interns; 18

(6) Demonstration of unworthiness or incompetency to act as a 19 polygraph examiner as defined by this chapter; 20

(7) Allowing one's license under this chapter to be used by any 21 unlicensed person in violation of the provisions of this chapter; 22

(8) Willfully aiding or abetting another in the violation of this 23 chapter or rule issued pursuant to it; 24

(9) Failure within a reasonable time to provide information requested 25 by the Administrator of the Arkansas Board of Private Investigators and 26

Private Security Agencies as the result of a formal complaint to the board, 27 which would indicate a violation of this chapter; or 28

(10) Failure to inform the subject of the polygraph examination of the 29 results of the examination if so requested. 30

The Director of the Department of Arkansas State Police may deny, 31 suspend, or revoke a polygraph examiner license or an intern polygraph 32 examiner license on any one (1) or more of the following grounds: 33

(1) Failure of a licensee before conducting a polygraph examination to 34 inform a subject to be examined of the nature of the polygraph examination; 35

(2) Failure of a licensee before conducting a polygraph examination to 36

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inform a subject to be examined that the subject's participation in the 1 polygraph examination is voluntary; 2

(3) Failure of a licensee to inform the subject of the polygraph 3 examination of the results of the polygraph examination, if so requested; 4

(4) Violation of law or the rules of the director or failure to meet 5 the qualifications for licensure under this chapter by an applicant or a 6 licensee; 7

(5) Material misstatement in any application for license under this 8 chapter; 9

(6) Failure by an applicant or licensee to demonstrate the ability to 10 act as a polygraph examiner or an intern polygraph examiner; 11

(7) Allowance by a licensee of another person to use the license or 12 the licensee photo identification card or the intern photo identification 13 card issued under this chapter; 14

(8) An applicant's or a licensee's knowingly aiding or abetting 15 another person in the violation of this chapter or a rule issued under this 16 chapter; 17

(9) Failure by an applicant or licensee to provide within a reasonable 18 time information requested by the director that would indicate a violation of 19 this chapter or a rule issued under this chapter; or 20

(10) Arrest or indictment of an applicant or a licensee for a felony, 21

Class A misdemeanor, crime involving an act of violence, crime involving 22 moral turpitude, including a sealed and expunged offense, or an offense of 23 comparable level if the offense occurred in another state. 24

SECTION 22. Arkansas Code § 17-39-212 is amended to read as follows: 26

17-39-212. Background checks Criminal background check. 27

(a) Each first-time applicant and applicant for license renewal shall 28 be required to apply to the Identification Bureau of the Department of 29

Arkansas State Police for a state and national criminal background check to 30 be conducted by the Identification Bureau of the Department of Arkansas State 31

Police and the Federal Bureau of Investigation. 32

(b) The check shall conform to applicable federal standards and shall 33 include the taking of fingerprints. 34

(c) The applicant shall sign a release of information to the Arkansas 35

Board of Private Investigators and Private Security Agencies and shall be 36

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responsible for the payment of any fee associated with the criminal 1 background check. 2

(d) Upon completion of the criminal background check, the 3

Identification Bureau of the Department of Arkansas State Police shall 4 forward to the board all releasable information obtained concerning the 5 applicant. 6

(a)(1) Each first-time applicant and applicant for license renewal 7 under this chapter shall apply to the Director of the Department of Arkansas 8

State Police for a state and national criminal background check to be 9 conducted by the Department of Arkansas State Police and the Federal Bureau 10 of Investigation. 11

(2) Criminal history records from the Arkansas Crime Information 12

Center shall be available to the director for the review of an applicant's 13 qualifications. 14

(b) The state and national criminal background check shall conform to 15 applicable federal standards and shall include the taking of fingerprints. 16

(c) The applicant shall sign a release of information to the director 17 and shall be responsible for the payment of any fee associated with the state 18 and national criminal background check. 19

(d) Upon completion of the state and national criminal background 20 check, all releasable information obtained concerning the applicant shall be 21 forwarded to the director. 22

(e) This section does not apply to a certified law enforcement officer 23 who is a full-time employee of a law enforcement agency and who is applying 24 for licensure as a polygraph examiner or intern polygraph examiner for the 25 purpose of the full-time employment with the law enforcement agency. 26

SECTION 23. Arkansas Code § 17-39-213 is amended to read as follows: 28

17-39-213. Refusal, denial Denial, suspension, revocation — 29

Proceedings. 30

(a)(1) When there is cause to deny an application or suspend or revoke 31 the license of any polygraph examiner, the Arkansas Board of Private 32

Investigators and Private Security Agencies not less than thirty (30) days 33 before denial, suspension, or revocation action is taken, shall notify the 34 person in writing, in person, or by certified mail at the last address 35 supplied to the board by the person. This notice shall include notification 36

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of the impending denial, suspension, or revocation, the reasons therefor, and 1 of his or her right to an administrative hearing for the purpose of 2 determining whether or not the evidence is sufficient to warrant the denial, 3 suspension, or revocation action proposed to be taken by the board. 4

(2) Upon receipt by the board of the written request, an 5 opportunity for an administrative hearing shall be afforded as early as is 6 practicable. 7

(3) The administrative hearing in those cases shall be before 8 the board. 9

(b)(1) The board shall conduct the administrative hearings, and it is 10 authorized to administer oaths and issue subpoenas for the attendance of 11 witnesses and the production of relevant books, papers, documents, etc. 12

(2) On the basis of the evidence submitted at the hearing, the 13

Administrator of the Arkansas Board of Private Investigators and Private 14

Security Agencies shall take whatever action he or she deems necessary in 15 denying the application or suspending or revoking the license. 16

(c)(1) Upon the revocation or suspension of any license, the licensee 17 shall immediately surrender the license or licenses to the administrator of 18 the board. 19

(2) Failure of a licensee to do so shall be a violation of this 20 chapter, and upon conviction the licensee shall be subject to the penalties 21 set forth in § 17-39-103. 22

(3) At any time after the suspension or revocation of any 23 license, the administrator shall restore it to the former licensee upon the 24 written recommendations of the board. 25

(a)(1)(A) When the Director of the Department of Arkansas State Police 26 seeks to deny an application or suspend or revoke a license issued under this 27 chapter, the director shall notify the applicant or licensee in person or by 28 certified mail, return receipt requested, at the last address supplied to the 29 director by the applicant or licensee. 30

(B) The notice under subdivision (a)(1)(A) of this section 31 shall include notification of the denial, suspension, or revocation, the 32 reasons for the denial, suspension, or revocation, and the applicant's or 33 licensee's right to an administrative hearing for the purpose of determining 34 whether or not the evidence is sufficient to warrant the denial, suspension, 35 or revocation action proposed to be taken by the director. 36

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(2) Upon receipt by the director of the written request for a 1 hearing from the applicant or the licensee, an opportunity for an 2 administrative hearing shall be afforded as early as is practicable. 3

(3) The administrative hearing in a case under this subsection 4 shall be before an administrative hearing officer appointed by the director. 5

(b)(1) The administrative hearing officer shall conduct the 6 administrative hearing, and he or she may administer oaths and issue 7 subpoenas for the attendance of witnesses and the production of relevant 8 books, papers, documents, or other relevant evidence. 9

(2) The administrative hearing officer shall submit his or her 10 recommendation to the director within sixty (60) days of the hearing. 11

(c)(1) Upon the suspension or revocation of any license, the licensee 12 shall immediately surrender the license or licenses to the director. 13

(2) Failure of a licensee to surrender the license or licenses 14 is a violation of this chapter, and upon conviction the licensee shall be 15 subject to the penalties set forth in § 17-39-103. 16

(d)(1) The denial, suspension, or revocation of a license shall be 17 governed by the Arkansas Administrative Procedure Act, § 25-15-201 et seq. 18

(2) Venue for the appeal to circuit court under this section 19 shall be in Pulaski County, Arkansas. 20

SECTION 24. Arkansas Code § 17-39-214 is amended to read as follows: 22

17-39-214. Refusal Denial, suspension, revocation — Appeal. 23

(a) Any person An applicant or licensee dissatisfied with the action 24 of the Arkansas Board of Private Investigators and Private Security Agencies 25

Director of the Department of Arkansas State Police in denying, suspending, 26 or revoking his or her a license may appeal the decision of the director 27 under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. 28

(b) The board shall director may be represented in such appeals an 29 appeal by the Attorney General or any of his or her assistants. 30

SECTION 25. Arkansas Code § 17-39-215 is amended to read as follows: 32

17-39-215. Rules. 33

The Arkansas Board of Private Investigators and Private Security 34

Agencies Director of the Department of Arkansas State Police may promulgate 35 rules to permit the efficient administration of this subchapter chapter. 36

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SECTION 26. Arkansas Code § 17-39-301 is amended to read as follows: 2

17-39-301. Definitions. 3

As used in this subchapter: 4

(1) “Administrator” means the Administrator of the Arkansas Board of 5

Private Investigators and Private Security Agencies; 6

(2) “Board” means the Arkansas Board of Private Investigators and 7

Private Security Agencies created by § 17-40-201; 8

(3) “Voice stress analysis” means the procedure for analyzing the 9 responses of an individual to a specific set of questions; 10

(4) “Voice stress analysis examiner” means an individual who has been 11 trained in the operation of a voice stress analysis machine and who maintains 12 a current certificate from a recognized training facility; and 13

(5) “Voice stress analysis machine” means a device which has the 14 ability to electronically analyze the responses of an individual to a 15 specific set of questions and to record the analysis, both digitally and on a 16 graph. 17

(1) “Voice stress analysis” means the procedure for analyzing the 18 responses of an individual to a specific set of questions; 19

(2) “Voice stress analysis examiner” means an individual who has been 20 trained in the operation of a voice stress analysis machine and who maintains 21 a current certificate from a recognized training facility; and 22

(3) “Voice stress analysis machine” means a device that has the 23 ability to electronically analyze the responses of an individual to a 24 specific set of questions and to record the analysis, both digitally and on a 25 graph. 26

SECTION 27. Arkansas Code § 17-39-302 is amended to read as follows: 28

17-39-302. Examinations not admissible in criminal proceedings. 29

Nothing contained in this This subchapter shall not be construed to 30 permit the results of any voice stress analysis examination to be introduced 31 or admitted as evidence in any criminal proceeding. 32

SECTION 28. Arkansas Code § 17-39-303 is amended to read as follows: 34

17-39-303. License required Applicant burden of proof. 35

It is unlawful for any person to engage in conducting a voice stress 36

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analysis unless that person has qualified for and obtained a license as a 1 voice stress analysis examiner from the Arkansas Board of Private 2

Investigators and Private Security Agencies. 3

An applicant who seeks licensure under this subchapter as a certified 4 voice stress analysis examiner has the burden to provide sufficient 5 information to bring himself or herself within the licensing standards that 6 would allow the Director of the Department of Arkansas State Police to 7 determine if the applicant is qualified to hold the license. 8

SECTION 29. Arkansas Code § 17-39-304 is amended to read as follows: 10

17-39-304. Application for license — Proof and fee. 11

Any person desiring to be licensed as a voice stress analysis examiner 12 shall make application for licensure to the Administrator of the Arkansas 13

Board of Private Investigators and Private Security Agencies and shall submit 14 with the application proof satisfactory to the board that the applicant: 15

(1) Is at least twenty-one (21) years of age; 16

(2) Is an Arkansas resident; 17

(3) Is a person of honesty, truthfulness, integrity, and moral 18 fitness; 19

(4) Has not pleaded guilty or nolo contendere to or been found guilty 20 of a felony or a misdemeanor involving moral turpitude; 21

(5) Holds a baccalaureate degree from a college or university 22 accredited by the American Association of Collegiate Registrars and 23

Admissions Officers or, in lieu thereof, has had five (5) years of 24 investigative experience with a law enforcement agency; 25

(6) Has completed a course of training offering a certification in the 26 operation of the voice stress analysis machine that has been approved by the 27 board and submits a copy of the certification with the application; and 28

(7) Has posted a surety bond or insurance policy in the amount of five 29 thousand dollars ($5,000) or proof that the individual is covered by a 30 business insurance policy. 31

A person who desires to be licensed as a certified voice stress 32 analysis examiner and conduct voice stress analysis examinations within this 33 state shall apply for licensure to the Director of the Department of Arkansas 34

State Police and shall submit with the application documentation that the 35 applicant: 36

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(1) Is at least twenty-one (21) years of age at the time of 1 application; 2

(2) Has paid the fees required under § 17-39-305; 3

(3) Submits two (2) recent passport-style photographs of the 4 applicant; 5

(4) Is not required to register as a sex offender under the Sex 6

Offender Registration Act of 1997, § 12-12-901 et seq.; 7

(5)(A) Has successfully completed a state and national criminal 8 background check and has not been found guilty of or pleaded guilty or nolo 9 contendere to one (1) or more of the following in any court in the State of 10

Arkansas or a comparable offense in another state or in a military or federal 11 court, for which a pardon has not been granted: 12

(i) Felony; 13

(ii) Class A misdemeanor; 14

(iii) Crime involving violence; or 15

(iv) Crime involving moral turpitude. 16

(B) For purposes of this subdivision (5), the state and 17 national criminal background check shall include a record of all offenses 18 that have been previously sealed or expunged by any court; 19

(6) Holds a baccalaureate degree from a college or university 20 that is accredited by an accrediting agency approved by the United States 21

Secretary of Education or has at least five (5) years of active law 22 enforcement experience; 23

(7) Has successfully completed a course of training that has 24 been approved by the Director of the Department of Arkansas State Police 25 offering a certification in the operation of the voice stress analysis 26 machine and submits a copy of the certification with the application; and 27

(8)(A) Has provided evidence of a surety bond or insurance 28 policy to the director in the amount of five thousand dollars ($5,000) or 29 proof that the applicant is covered by a business insurance policy. 30

(B) The surety bond shall be issued on the condition that 31 the obligor will pay to the extent of the face value of the surety bond or 32 insurance policy all judgments which may be recovered against the applicant 33 by reason of a wrongful or illegal act committed by him or her in the course 34 of conducting voice stress analysis examinations. 35

(C) An applicant who is conducting voice stress analysis 36

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examinations in the course of his or her employment with a law enforcement 1 agency, in lieu of a surety bond, may submit a letter from the county 2 sheriff, chief of police, or director of the law enforcement agency that 3 states that any liability incurred will be covered under that entity's 4 membership in the Arkansas Fidelity Bond Trust Fund, a risk management pool, 5 or liability coverage, if any, in order to meet the requirement under this 6 subdivision (8). 7

SECTION 30. Arkansas Code § 17-39-305 is amended to read as follows: 9

17-39-305. Fees. 10

(a)(1) Except as provided under subdivision (a)(2) of this section, 11 the applicant for licensure under this subchapter shall pay the following 12 fees: 13

(A) For an original initial two-year voice stress analysis 14 examiner's license, one hundred twenty dollars ($120); 15

(B) For a two-year renewal of a voice stress analysis 16 examiner's license, fifty dollars ($50.00); 17

(C) For the issuance of an optional wallet-sized voice 18 stress analysis examiner's license photo identification card, fifteen dollars 19

($15.00); and 20

(D) For the issuance of a duplicate voice stress analysis 21 examiner's license, ten dollars ($10.00).; and 22

(E) For renewal of a license that is expired less than six 23

(6) months, a late fee of twenty dollars ($20.00). 24

(2) A certified law enforcement officer who is a full-time 25 employee of a law enforcement agency and who is applying for his or her 26 license for the purpose of full-time employment as a certified voice stress 27 analysis examiner to be used solely in conjunction with his or her employment 28 is not required to pay the fee under subdivisions (a)(1)(A) and (B) of this 29 section. 30

(b) All fees collected under this subchapter shall be deposited into 31 the State Treasury to the credit of the Department of Arkansas State Police 32

Fund. 33

(c)(1)(b)(1) All funds fees received by the board Director of the 34

Department of Arkansas State Police under this subchapter are nonrefundable 35 and shall be deposited into the State Treasury as special revenues to the 36

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credit of the fund Department of Arkansas State Police Fund. 1

(2) Money remaining at the end of the fiscal year shall not 2 revert to any other fund but shall carry over to the next fiscal year. 3

SECTION 31. Arkansas Code § 17-39-306 is amended to read as follows: 5

17-39-306. Grounds for denying, suspending, or revoking licenses. 6

The board may deny, suspend, or revoke a license on any of the 7 following…