Page 12 - NCISS_Your_Advocate_March_Spring_2023

Legislative Update from NCISS Legislative Committee and Lobbyit

on certain occupational boards within 90 days. Allows the PLA to make an appointment to the board if the governor
does not make the appointment. Makes various changes to the reciprocity law concerning issuing a license for a health
care professional. Allows the board to issue a temporary permit for a registered nurse applicant and a licensed practical
nurse applicant.
https://iga.in.gov/legislative/2023/bills/house/1460#document-74b62633

North Carolina (shared by NCAPI and Tamara Rabenold)
SB 424 “Private Protective Services Licensing Modifications”
New “Close Personal Protection” license, a new “Digital Forensics Examiner” license, and a change to the exemptions to
licensure that now requires investigators for attorneys to be an employee of that attorney.

The next change PIs need to be aware of is the change to the exemption found in N.C. Gen. Stat. § 74C-3(b)(4) that
allowed an unlicensed person to work for an attorney -- or multiple attorneys -- without having to be licensed. Now,
unlicensed investigators must be an “employee” (as in “W-2 employee”) of the attorney. This change was the result of
abuse of the exemption and complaints by licensed PIs, including members of the NCAPI, that the original intent of the
exemption was being thwarted.

§ 14-196.3. (Effective January 1, 2023) Cyberstalking.
Knowingly install, place, or use an electronic tracking device without consent, or cause an electronic tracking device to
be installed, placed, or used without consent, to track the location of any person. The provisions of this subdivision do
not apply to the installation, placement, or use of an electronic tracking device by any of the following:
“A private detective or private investigator licensed under Chapter 74C of the General Statutes, provided that (i) the
tracking is pursuant to authority under G.S. 74C-3(a)(8), (ii) the tracking is not otherwise contrary to law, and (iii) the
person being tracked is not under the protection of a domestic violence protective order under Chapter 50B of the
General Statutes or any other court order that protects against assault, threat, harassment, following, or contact.”
https://ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-196.3.html

South Carolina (Shared by Alden Wheeler)
Unlawful GPS Tracking Bill H-3036 https://www.scstatehouse.gov/sess125_2023-2024/prever/3036_20221208.htm
Would make placement of a GPS device illegal without the permission of the vehicle owner or lessee. There are
specifically no exceptions for law enforcement, security and private investigation agencies.

GPS Laws Across the States

States vary from no specific laws (Colorado) to PIs banned from use (Florida), and in-between (North Carolina, Virginia
and Wisconsin have laws with permissible purposes for PIs worded very favorably) and California requires consent of at
least one vehicle owner, and Maryland requires a specific lawful purpose. Other laws, such as stalking, trespassing, and
privacy violations all apply. This is a hot topic legislatively, and in our profession as pro or con.
National Conference for State Legislatures website:
https://www.ncsl.org/technology-and-communication/private-use-of-location-tracking-devices-state-statutes

12