Page 27 - NCISS Your Advocate September-Summer 2021

Legislative Update from NCISS Legislative Committee and Lobbyit

• FAILED - Security licensing bill introduced in the wake of a Denver unlicensed security guard fatally shooting a
protestor in June 2020. Colorado does not have state licensing, it is to the individual cities and counties. This is being
monitored and the bill sponsor has been receptive to concerns. The governor has already expressed his potential
veto.
• PASSED - New consumer privacy bill introduced. Presently it does not have an impact on the investigative profession
and is being monitored. It does provide for needed consumer protections, the manner may be onerous to big tech.
• PASSED - New criminal records automatically sealed bill introduced. This bill would automatically seal most
misdemeanor and felony criminal records in a designated period of time (3 years for misdemeanors and 7 years for
felonies) after a person has completed any sentencing imposed, and has not had an arrest or conviction during that
time. It would also automatically remove any arrest information without charges after one year. These would be at
no charge and no petition by the person. This would include all court and law enforcement (local and Colorado
Bureau of Investigation) and prosecutor records. These would not be allowed used in an employment or housing
background check, or civil or criminal process. The intent to remove barriers to housing and employment (which
involve a very small percentage of convicted persons) is overshadowed by the unintended consequences to the
judicial system.

➢ 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.

➢ Public Will Get More Access To Civil Court Records After Florida Supreme Court Ruling
(Harriett Gold – Gold Investigations in FL and GA)
“Most civil court records in Florida go back to not being screened by the clerk’s office first. Tremendous win for open
records. Back to old days. Great step towards transparency.” – Harriet Gold (we agree, it has long been time to return to
open records and transparency, and not more restrictions – something Colorado and all other states need to learn)
The Florida Supreme Court has ruled court clerks cannot screen civil court files for redaction purposes before releasing
for viewing or copying.
-- continued at www.sun-sentinel.com/news/florida/fl-ne-supreme-court-access-ruling-20210611-
leogung2wjdbnhwesa366zsooe-story.html

➢ Michigan – Courts Records Redacted of Personal Identifying Information
(Brandy Lord – NCISS At Large Director)
Michigan Supreme Court order AMD #2017-280 Amendment 1.109 and 8.119 filed 05/22/2019 and effective
01/01/2021. Michigan courts are required to redact Personal Identifying Information such as DOB’s and addresses. The
order expands by detailing what is to be redacted, “In order to protect privacy and address security concerns, it is
ordered that protected personal identifying information, as defined in court rule, filed with the state courts of Michigan
in any form or manner and for any purpose must be nonpublic.”

27