PI Laws and Legislation: “Hit the Hill” Report from Washington D.C.
September 11, 2008 was (also) the day NCISS members hit the hill to lobby on behalf of Private Investigators and Security Companies. By the way, traffic was a complete cluster because of the security for the Pentagon 9/11 ceremonies!
The Hit the Hill Campaign centered on a number of bills which could affect us. Briefly, they are:
* HR 3046: The “Social Security Number Privacy Protection and Identify Theft Protection Act”.
* HR 948: The “Social Security Number Protection Act”. (Both of these would ban the sale of SSNs without exceptions)
* S2915: The “Safeguarding Social Security Numbers Act” – (This would standardize the way in which numbers are truncated by some sources – for obvious reasons).
* HR 4791: The “Federal Agency Data Protection Act” – would require federal agencies to protect personal data. Though not a problem in and of itself, NCISS is following closely as it presents a vehicle for future problematic amendments.
* HR 6060: The “Identity Theft Enforcement and Restitution Act” – makes it easier to enforce laws and increases penalties regarding identity theft. Not an issue.
* HR 800: The “Employee Free Choice Act of 2007″ amends the National Labor Relations Act to require the National Labor Relations Board to certify a bargaining representative without directing an election if a majority of the bargaining unit employees have authorized designation of the representative (card-check) and there is no other individual or labor organization currently certified or recognized as the exclusive representative of any employees in the unit. This essentially makes it very easy, without notification to the company, to organize as a union. This is an obvious detriment to security companies which already operate on slim margins and is opposed because of the “no notice” provision. A company could be completely ambushed.
With appointments yesterday, I met with Congresswoman Ileana Ros-Lehtinen and then legislative directors or legal counsels (the real power here) for Congressmen Lincoln Diaz-Balart, Dave Weldon, C.W.”Bill” Young, Cliff Stearns, Robert Wexler and Senators Mel Martinez and Bill Nelson. With a couple of exceptions, the reception was much better than last year and several remembered us from last year’s “Hit the Hill.” I don’t have a complete report from the other states’ representatives that were here, but
all had about the same results. We were also provided with a number of very nice informational notebooks from NCISS which we provided to those with whom we met. We also dropped these off at anyone’s office we happened to pass.
The essence of our discussions pertained to requesting the same exception language for which we fought and managed to have included (with Sen. Nelson’s support) in S 1178, “Identity Theft Prevention Act”. This law contains an exception on the use of SSNs for our purposes. We asked for the same exception on all pending legislation (or newly introduced next year) by giving case examples of how we – or other investigators – had successfully used SSNs in the past to HELP people, including those who have had their identify stolen.
Though nothing can be taken for granted in Washington DC, my personal opinion is most of these will probably die this year without passage as most reps are more concerned with elections and other more pressing issues.
SAAB (State Association Advisory Board) Meeting
The agenda items included (1) Suggestions on how to improve SAAB assistance to NCISS and to State Associations; (2) Suggestions on how the NCISS Regional Directors and SAAB can mutually benefit one another; (3) Exchange of ideas on how State Associations effectively attract new members for their associations and NCISS; (4) How do state associations address the problems of unlicensed PIs; (5) How can state associations assist one another regarding Newsletter publications; (6) How can SAAB assist state associations regarding combating unfavorable state legislation; (7) How do state associations lobby their legislatures and legislators; (8) Does any state association have an example of combating a (legislative) problem and how it was successfully resolved.
There were some good suggestions on all, which I’ll write up under a separate report but the most critical information came from the Michigan representative who detailed how they got their state law changed. It was a well thought-out plan and executed on several fronts INCLUDING filing for an immediate injunction against a firm operating there without licensing. This had the immediate effect of driving up membership and donated funds to “take over” the PI Act and rewrite it. It included everything Florida PIs need: A governor appointed PI Executive Board (non permanent) with oversight; severe penalties for unlicensed activity ($5000 fines and criminal charges) which can add to the coffers (making it attractive to the legislators in selling the change). There are two people willing to assist us if the associations are interested in getting together on getting this change started. There is also some other “assistance” available, which I’ll discuss in person.
See you next week at the Florida Association of Private Investigator’s Conference.
Greg
Chair, FAPI Legislative Committee
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Gregory J. Caldwell
Managing Director
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White Hat Solutions, LLC
11523 Palm Brush Trail
Suite 334 | Lakewood Ranch, FL 34202
Direct: (888) 840-0057 | Fax: (941) 761-6100
GregC@whs-pi.com
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Category: Legislation, News & Events
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