Page 25 - NCISS Your Advocate April 2021

Legislative Update from NCISS Legislative Committee and Lobbyit

• Evaluating parental custody in divorce cases.
• Locating relatives in probate and missing heir searches.
• Evaluating violent history in situations involving restraining orders.
• Evaluating an individual in a romantic relationship.
• Determining whether a company would be at risk when an applicant applies for a financial position.
• Determining whether employees would be at risk when an applicant has been convicted of felony assault.
• Determining whether the community would be at risk for police and fire department employment applicants.

Texas SB 15 and HB 2099 – DPPA Restrictions / Remove Exemptions
(Texas Association of Licensed Private Investigators – TALI – Legislative Committee – Randy Kildow)
Two bills that were filed: 1) SB15 eliminates private investigators having access to DMV records, strikes the DPPA
language almost entirely; and SB16 makes the sale of ANY information by the state forbidden. Randy Kildow at TALI met
with the Senator’s office on the DMV bill and were very receptive and indicated that they are going to include the
existing exemptions we use. They were joined by two local investigators who are friends with the Senator who looked
and sounded, professional and were perfect.

The Transportation Committee Hearing heard SB 15 the last week of March. Also, a committee Substitute was entered.
In the Substitute the exemption for PI’s was reinserted. All I can say is how sweet it was to hear the Chairman read out
“licensed private investigators”. I think we were the only industry reinserted.

The main point of the discussions I heard was what can they do about the database companies. Nichols, the author,
again stated they have to use the information as allowed by law and the bill increases the criminal penalties.

Nichols closed the hearing thanking the professionalism of the groups that came forward to seek relief from the Bill.
Interestingly he said DMV indicated only 70 entities had access to their data (I assume this is databased subscribers or
bulk purchasers) and only 1200 to DPS data. He was surprised most coming forward where about DMV and almost none
came to him about DPS data. He mentioned this a couple of times, it really surprised him and made him wonder.

Also, he indicated they was language in the substitute dealing with resale of the data. We have not seen this but it is
clear by their actions they are trying to work with the professional industry.

Then on 04/06/2021 HB 2099 was heard and Randy also testified. HB 2099 is similar to SB 15, and is more dangerous
than SB 15 as it eliminates almost every exemption to access to DMV record. Of course, that means the SB 15 exemption
the week prior has been struck.

Florida – FL HB969 (21R)/ FL SB1734 (21R) Consumer Privacy Bills; PI Services Sales Tax; Human Trafficking
(Florida Association of Licensed Private Investigators – FALI – Legislative Committee – Rick Root, President)
The bills resemble the California Consumer Privacy Act of 2018 and would give consumers more access to data collected
by companies and allow them to opt-out of the sale of the data. Both would allow consumers the right to access
personal information a business collects on them, the right to opt-out of the sale of their personal data, and to request a
business delete their personal data. The provisions would apply to companies with $25 million or more in global annual
revenue, annually buy data of more than 50,000 consumers for commercial purposes, or get 50 percent of their annual
revenues from selling data. Each violation could come with a $100 to $750 fine.

In addition, FALI continues to work with legislators on a bill to exempt private investigators from collection and paying
sales tax on services. FALI has worked with the Florida Department of Revenue and determined PIs contribution toward
tax revenue was about $280K annually – not the $12 million previously reported.

Finally, FALI continues to monitor various bills on human trafficking and the progress they are supporting.

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