Date: 04/28/2014

Final
BILL SUMMARY for SB14-133

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View--> Action Taken:
Adopt amendment L.012 (Attachment K). The motion f
Refer Senate Bill 14-133 to the Committee on Appro		FAIL
PASS



08:17 PM -- SB14-133

Representative Melton, prime sponsor, presented Senate Bill 14-133. The reengrossed bill repeals the existing voluntary licensure program for private investigators (PIs) and replaces it with a mandatory licensure program. The director of the Division of Professions and Occupations (division) in the Department of Regulatory Agencies (DORA) is authorized to adopt rules, establish fees, and take disciplinary actions concerning the licensure of PIs. By June 1, 2015, PIs conducting private investigations in the state must meet the qualifications in the bill and obtain a license. Only licensed PIs may use the titles of "private investigator," "licensed private investigator," "licensed private detective," or "private detective." Conducting private investigations or holding oneself out as a PI without a license is punishable as a class 2 misdemeanor for the first offense and as a class 1 misdemeanor for second and subsequent offenses.

The bill creates two categories for licensure based on the level of experience of the PI. The bill also exempts various persons and professions from the licensure requirement. PIs must maintain a surety bond in an amount determined by the director by rule. The licensing of PIs is repealed on September 1, 2020, following a sunset review. In addition, the bill specifies that any cash fund deficit in DORA remaining from the voluntary program be paid through fees on PIs under the mandatory program over the life of the program.

Representative Melton responded to questions from the committee.

08:22 PM -- Mark Good, representing himself, testified in opposition to the bill. Mr. Good asked the committee to amend the bill to allow new private investigators to work for a licensed private investigator while they are going through the process of becoming licensed.

08:26 PM -- Amy Miller, representing the Colorado Coalition Against Domestic Violence, testified in support of the reengrossed bill as written. Ms. Miller spoke about problems with private investigators who find victims of domestic violence for the perpetrators of the violence. She stated her opinion that the bill represents a step in the right direction toward public safety. She responded to questions from the committee.

08:31 PM -- Chris Bray, representing Professional Private Investigators' Association of Colorado (PPIAC), testified in support of the bill. Mr. Bray spoke about the extensive stakeholders engagement process that went into drafting of the bill. He stated that the bill is about consumer protection and professionalism. He expressed his opinion that requiring a background check, a jurisprudence exam, and a bond helps elevate the investigations industry. He indicated that the industry has tried to police itself, but there are a number of rogue investigators who do not belong to the PPIAC or any other professional association. He responded to questions from the committee.

08:42 PM -- Robert Orozco, representing himself, testified in support of the bill. Mr. Orozco spoke about the length of time it takes to obtain a background check through the Colorado Bureau of Investigation (CBI). He explained why he wants to be regulated by DORA. He discussed his experience with Spanish-speaking clients who may be exploited by unethical private investigators due to a language barrier. He responded to questions from the committee.

08:47 PM -- Devon Gideon, representing himself, testified in support of the bill. Mr. Gideon spoke about his experience as a litigation paralegal who often works with private investigators. He stressed the importance of the jurisprudence exam provision of the bill. He responded to questions from the committee.

08:51 PM -- Ryan Johnston, representing himself, testified in support of the bill. Mr. Johnston responded to a questions from the committee about bad actors in the investigations industry. He discussed problems with reporting bad acts. He provided a list of investigators against whom complaints have been filed (Attachment J).

14HseState0428AttachJ.pdf14HseState0428AttachJ.pdf
BILL:SB14-133
TIME: 09:02:46 PM
MOVED:Humphrey
MOTION:Adopt amendment L.012 (Attachment K). The motion failed on a vote of 4-7.
14HseState0428AttachK.pdf14HseState0428AttachK.pdf
SECONDED:Dore
VOTE
Conti
Yes
Dore
Yes
Foote
No
Humphrey
Yes
Labuda
No
Melton
No
Moreno
No
Nordberg
Yes
Williams
No
Salazar
No
Ryden
No
YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


09:03 PM

Representative Melton wrapped up his presentation of the bill and asked for a favorable recommendation.
BILL:SB14-133
TIME: 09:04:04 PM
MOVED:Melton
MOTION:Refer Senate Bill 14-133 to the Committee on Appropriations. The motion passed on a vote of 8-3.
SECONDED:Williams
VOTE
Conti
Yes
Dore
No
Foote
Yes
Humphrey
No
Labuda
Yes
Melton
Yes
Moreno
Yes
Nordberg
No
Williams
Yes
Salazar
Yes
Ryden
Yes
Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS