02RS SB139

SB139

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SB 139 (BR 947) - J. Denton, T. Buford

     AN ACT relating to private investigators.
     Create a board of licensure for private investigators.

SB 139 - AMENDMENTS


     SCS - Retain original provisions of bill with the following changes: expand the areas of the licensing examination; provide that the board may certify and approve, rather than conduct and sponsor, a forty (40) hour training course; delete the authority of the board to use moneys in the revolving fund to pay for the development and sponsorship of a forty (40) hour training course; add the absence of convictions of specific drug, alcohol, and driving under the influence statutes to the list of qualifications that an applicant must possess; delete the specific types of injuries that must be covered by the applicant's one million dollar ($1,000,000) comprehensive general liability insurance policy; delete the provision prohibiting the licensee from assisting a client to locate, trace, or contact any person whom the client is prohibited by a court order from locating, tracing, or contacting; require that private investigators and private investigation companies possess two (2) years experience in the Commonwealth to qualify for the grandfather provision; authorize the board to waive the examination requirement on a case-by-case basis.

     SFA (1, M. Long) - Amend to prohibit a licensed private investigator from assisting a client to locate, trace, or contact a person if the client is prohibited by a court order issued by a Kentucky court from contacting the person, or if the licensee knows that a court in another jurisdiction has issued an order prohibiting the client from contacting the person.

     SFA (2, J. Denton) - Prohibit a licensed private investigator from divulging to anyone other than his or her client or as required by law any information obtained thorough the investigation that may compromise the person who is the subject of the investigation; prohibit a private investigator from knowingly making a material misrepresentation to his client concerning the investigation; exempt from the licensing provisions an officer or employee from another state operating in the course and scope of his or her official duty.

     HCS - Provide that an applicant for a private investigator license shall not receive a license until the earlier of 10 years from the end of a sentence served for commission of a felony or restoration of the applicant's civil rights; require that a person have $250,000 in insurance coverage before that person receives a private investigator license; exempt a private investigator from having to meet the insurance coverage requirement if that individual works under an attorney licensed to practice law in Kentucky; permit the Kentucky Board of Licensure to seek injunctive relief to stop the unlawful practice of private investigating in the circuit court of the county where the alleged unlawful practice occurred; prohibit a person from receiving a private investigator license when that person works less than 350 hours per year under the direction of a private investigator.

     HFA (1, F. Nesler) - Retain original provisions of the bill with the following exception: exempt from licensure private investigators who work exclusively under a licensed attorney's supervision.

     HFA (2, F. Nesler) - Change the amount of insurance coverage required for licensure as a private investigator from one million dollars ($1,000,000) to two hundred fifty thousand dollars ($250,000).

     HFA (3, F. Nesler) - Change value of general liability insurance policy required of private investigators from $1,000,000 to $250,000.

     HFA (4, F. Nesler) - Retain original provisions of the bill with the following exception: exempt from licensure private investigators who work exclusively under a licensed attorney's supervision.

     HFA (5, S. Westrom) - Make a technical correction by replacing the word "transferee" with the word "licensee."

     HFA (6, F. Nesler) - Permit licensing on the basis of one year rather than two years of experience as a private investigating firm in the Commonwealth or as a full-time or part-time private investigator in the state or an investigator for a law enforcement agency.

     HFA (7, F. Nesler) - Delete provision giving the board the discretion to waive the examination requirement of persons who are licensed on the basis of experience.

     HFA (8, S. Westrom) - Exempt an employee of a private investigator or a private investigating firm from the licensure requirements if the employee works under the direction of the investigator or firm and works fewer than 350 hours per year.

     Jan 25-introduced in Senate
     Jan 29-to Licensing and Occupations (S)
     Feb 12-reported favorably, 1st reading, to Consent Calendar with Committee Substitute
     Feb 13-2nd reading, to Rules
     Feb 15-floor amendment (1) filed to Committee Substitute
     Feb 21-moved from Consent; posted for passage in the Regular Orders of the Day for Tuesday, February 26, 2002
     Feb 25-floor amendment (2) filed to Committee Substitute
     Feb 26-3rd reading; floor amendment (1) withdrawn ; passed 31-0 with Committee Substitute, floor amendment (2)
     Feb 27-received in House
     Feb 28-to Licensing and Occupations (H)
     Mar 7-posted in committee
     Mar 13-reported favorably, 1st reading, to Calendar
     Mar 14-2nd reading, to Rules; floor amendments (1) (2) (3) and (4) filed ; floor amendments (1) and (2) withdrawn
     Mar 19-floor amendments (5) (6) and (7) filed
     Mar 20-recommitted to Judiciary (H)
     Mar 25-floor amendment (8) filed
     Mar 26-posting waived retroactively; posted in committee
     Mar 27-reported favorably, to Rules with Committee Substitute ; posted for passage in the Regular Orders of the Day for Thursday, March 28, 2002
     Mar 29-3rd reading, passed 78-11 with Committee Substitute ; received in Senate
     Apr 1-posted for passage for concurrence in House Committee Substitute for Monday, April 1, 2002; Senate concurred in House Committee Substitute ; passed 35-0
     Apr 2-enrolled, signed by each presiding officer; delivered to Governor
     Apr 9-signed by Governor (Acts ch. 269)


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