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VETOED 07/11/2020
Consumer BEWARE! Colorado now one of only 5 states that DO NOT require a PI to be licensed!
"Governor Polis with the swipe of a pen repealed licensing in Colorado Saturday, July 11, 2020. Background checks, surety bonds and demonstrating a knowledge of the laws are no longer in place to protect the public, consumer and subjects of investigations. To make sure your investigator has been properly vetted it is more important than ever to choose an investigator that is a member of a state or national association."
- PPIAC https://ppiac.org/colorado-private-investigator-news/9096684

Click Here for our Press Release of 07/14/2020
Colorado Governor Vetoes Consumer Protections

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On Saturday 07/11/2020, without informing any stakeholders or bill sponsors, the governor vetoed HB20-1207. This effectively ends PI licensing in Colorado as of 09/01/2020. More importantly - it ended consumer protections for Coloradoans.

To the media, he stated, "Too often it is used to protect existing professionals within an occupation against competition from newcomers entering that  occupation." and "We are open to working with the General Assembly to take reasonable steps to address these concerns while stopping short of full licensure." https://coloradosun.com/2020/07/11/jared-polis-vetoes-bills-license-plate-private-investigator/

These are consistent with his veto letter - < Download Here >
"HB 20-1207 would have continued licensing that rarely serves to protect the public from harm, and instead usually served incumbent license-holders as a barrier to entry for new competition including many retired officers of the peace. This is especially true for PIs, as licensure does not require any continuing education or real test of competency, instead requiring passage of an “open-book” jurisprudence exam. This regulation does place an undue burden on new entrants into the occupation and causes needless bureaucracy as well as the cost to the State and Coloradans." and

"We are open to working with the General Assembly to take reasonable steps to address these concerns while stopping short of full licensure. Together, we could work next session on legislation more consistent with the Sunrise Review requiring any individual or business that uses the title “Private Investigator” or “Private Detective” to pass a criminal background check and potentially retain some level of insurance or bond. These statutory requirements would not require full licensure to implement."


Let us analyze this, briefly, here - in an intended Colorado licensure training video which will detail the losses to the public. We recommend all Colorado PIs - new and veteran - follow the guidance in this video for the standards of practice and ethics.

This is now available at http://co-pi-licensing.InvestigativeCourses.com.
1. "Rarely protect the public from harm" - because it worked bringing in 1,000 licensed PIs who followed codified standards of practice and ethics.
2. "Served incumbent license-holders as a barrier to entry for new competition including many retired officers of the peace." - this is a tired argument that retired or former law enforcement can't afford the license and bond fees (under $250 annually). Moreover, this does not benefit PIs - it benefits and protects the public... no one else.
3. "Licensure does not require any continuing education or real test of competency, instead requiring passage of an “open-book” jurisprudence exam." - attempts at continuing education were rejected every session and committee in the original licensure bill of 2014 and was not requested in this bill... in part, also because the governor said he would veto a requirement of continuing education. Finally,
4. "This regulation does place an undue burden on new entrants into the occupation and causes needless bureaucracy as well as the cost to the State and Coloradans." - the video, and information below - and much more provided to DORA and the governor - demonstrate there is essentially no burden to entry, the program was designed, under existing state law, to do so. Moreover, the statement of cost to Coloradoans is not founded in fact; all DORA regulated programs are fully funded by the licensees and cannot use any taxpayer funds.
5. "We are open to working with the General Assembly ... next session on legislation ... to pass a criminal background check and potentially retain some level of insurance or bond. These statutory requirements would not require full licensure to implement." - First, "We" are not open to registration for the simple reason it provides no consumer protection. Most important - this proposal has only two stated requirements, which existed in the current licensing program - pass a background check, and a bond. No test of jurisprudence knowledge (regardless of open book or not), no professional standards, no professional ethics, no consumer protection or recourse if harmed, and no discipline to any PIs and bad acts through regulatory oversight. No continuing education he said should exist. This was a personal political agenda veto. Not in the interest of Coloradoans.

When would this new 'registration' take place? At the earliest, if passed in the 2021 session would be June of 2022... 22 months of no consumer protection - with a collective 75% supporting bi-partisan votes in the House and Senate committees and floor to protect Colorado's consumers.

This veto does not harm PIs. This veto harms Coloradoans - clients and consumers.

NOTICE - this is not an official page or statement from PPIAC.
The information contained herein is factual and the findings and views of our agency.
House Bill 20-1207 – Concerning the Continuation of the Regulation of Private investigators
Protecting Coloradoans and Consumers

FOR IMMEDIATE RELEASE From the Professional Private Investigators Association of Colorado (PPIAC)
(synopsis below - see full release at https://online.flipbuilder.com/bljf/wrri/)

DOMESTIC VIOLENCE ADVOCATES AND LEGISLATORS IMPLORE GOVERNOR POLIS TO NOT REPEAL PRIVATE INVESTIGATOR LICENSURE

Repeal would only benefit “sex offenders, stalkers and scammers” say advocates


A coalition of Colorado legislators, domestic violence advocates, and business people today implored Governor Polis to sign HB20-1207, a bill that would extend licensing for private investigators. In 2015, Colorado became the 45th state to require licensure for private investigators. Colorado’s licensure law requires that private investigators pass a test on Colorado’s laws, privacy protections, and comply with non-discrimination. The law also protects consumers through continuation of a bond requirement, and by prohibiting sex offenders, felons and persons with restraining orders from obtaining private investigator licenses.

"We urge Governor Polis to consider the ramifications for the safety of Colorado residents when he considers HB20-1207, and we plead with him to sign this critical bill into law. We also urge everyone that reads this letter or accompanying press release to contact the Governor and voice your support for HB20-1207 and request Governor Polis to sign this bill into law to continue the successful licensure program with strong consumer protections and at no cost to taxpayers.”

** John Morris, Chairman of the Board - PPIAC chairman@ppiac.org (970) 658-3689
** Robert Orozco, VP of Legislative Affairs, and Past President - PPIAC (720) 933-9301
** Lydia Waligorski, Violence Free Colorado, lwaligorski@violencefreeco.org
** Rep. Jovan Melton, jovan.melton.house@state.co.us (303) 866-2919

For any additional information or questions, please contact the parties listed.
(see full release at https://online.flipbuilder.com/bljf/wrri/)


HB20-1207 Information page from PPIAC - https://ppiac.org/colorado-private-investigator-news/9093517

The support of clients and colleagues is needed ASAP 07/03/2020 the governor has indicated a veto!
Please contact Colorado's Governor to continue PI licensing
 
Colorado HB 20-1207 has passed the state House and Senate - Governor may sign or veto at any moment - your letters are needed ASAP!
 
We are personally asking for your support and letters. Please contact Colorado's Governor to continue PI licensing
Colorado HB 20-1207 has passed the state House and Senate - Governor may sign or veto at any moment - your letters are needed ASAP! This bill may be signed, for vetoed at any time!

In October Colorado’s Department of Regulatory Agencies (DORA) recommended the repeal of the 2015 PI licensing law, citing no evidence of past or potential public harm. The Professional Private Investigators Association of Colorado (PPIAC) and Legislative Committee are working daily to introduce and have passed renewed legislation to continue the licensing program of PIs. The licensing program is only five years old - and has proven a success in protecting the public.

The volunteer members of the Professional Private Investigators Association of Colorado (PPIAC) and the Legislative Committee have worked tirelessly for over a year to prepare for this day. This is the last hurdle - and in the past, Colorado's governor has vetoed new and continuing licensing bills.
 
In his letters justifying the vetoes, the Governor argued that licensing can prevent minorities from getting those jobs and limit the number of workers. He also argued this would drive up costs.

Please address your letter to:
Governorpolis@state.co.us
The Honorable Governor Jared Polis
State Capitol Building
200 E. Colfax Ave., Rm. 136
80203 Denver, CO.

Re: House Bill 20-1207 – Sign into Law
Concerning the Continuation of the Regulation of Private investigators
Protecting Coloradoans and Consumers

Please cc your letter to:
david.oppenheim@state.co.us - Legislative Director
kachina.weaver@state.co.us - Deputy Legislative Director
adam.zarrin@state.co.us - Senior Policy Analyst
 
Colorado's current PI licensing law - enacted in 2015 avoids these barriers and concerns. Here are some key points for your letter:
We are asking for your signature to enact HB 20-1207 and continue the protection of Coloradoans and consumers who use the services of private investigators – from attorneys and insurance companies, to businesses and consumers, and various government agencies from the state public defender to law enforcement.
 
Since first enacted in 2015, this program has worked – fully funded by licensees and no taxpayer monies – to protect the consumers of Colorado, and at no cost to taxpayers.

The purpose of mandatory licensing is to provide for the missing mechanism of a single point of contact for licensing, reporting, compliance, complaints, enforcement and disciplinary action. The current licensing program is unchanged with HB 20-1207, and provides for the following:
Consumer Protections in confidentiality, standards of practice, etc.
A. Contract requiring disclosure of services, fee, and verbal or written report:
  - Without licensing, the use of contracts was/would be at the discretion of the private investigator, and often not in use; and
  - The specific protections for both the consumer and private investigator were not codified and also at the discretion of the private investigator – possibly offering no protections to the consumer, and only to the private investigator.

B. Standards of practice for Reports, Conflicts of Interest, Confidentiality, Recordkeeping, and Advertising:
  - Without licensing, there was/would be no requirement – or consumer recourse – for a verbal or written report from the private investigator. Together with the bond requirement, the consumer has both the assurance and recourse for the enforcement.
  - Without licensing, there was/would be no protections of confidentiality to the consumer – unless they were retained by an attorney and working under the doctrines of Attorney-Client Privilege, and also Attorney Work-Product – it is important all consumers and private investigators have the protection of confidentiality, and recourse of there is a violation; and
  - Without licensing, there was/would be no standards of advertising, including private investigator title protection, and the consumer had no means to verify the minimal competency of a private investigator, as offered by DORA vetted licensure.

We personally Thank You for your support of continued reasonable oversight of PIs, and consumer protections, in Colorado.

If you have any questions, or need any additional information, please contact us ASAP. You can also share information on this bill from this page, and this link - www.deathcasereview.com/hb20-1207

With Appreciation, Dean​​ and Karen Beers ​​


Colorado Private Investigator Licensing Information

In October Colorado’s Department of Regulatory Agencies (DORA) recommended the repeal of the 2015 PI licensing law, citing no evidence of past or potential public harm. The Professional Private Investigators Association of Colorado (PPIAC) and Legislative Committee are working daily to introduce and have passed renewed legislation to continue the licensing program of PIs. The licensing program is only five years old - and has proven a success in protecting the public.

On January 28th, PPIAC Legislative Committee members attended and presented information to the Colorado House Transportation Committee in consideration of continuing licensing of private investigators in Colorado. This is the first of several steps – each step must be successful to continue licensing in Colorado. Our VP of Legislative Affairs, Robert Orozco, and past VP of Legislative Affairs, Ryan Johnston - both PPIAC Past Presidents - did an excellent job on behalf of all Colorado PIs and protecting consumers. The committee had several bi-partisan questions, many of concern with DORA’s recommendation to end licensure. This was a great day at the committee hearing - and a surprise unanimous vote, and voluntary bi-partisan sponsorship! The next step was to introduce a draft bill – which was submitted on January 30th and does not change the current program, except to revisit the sunset in 2025. The introduced bill simply extends the current statute and program to 2025, gaining additional bi-partisan sponsorship.
 
In February the new bill to continue the PI licensing program was introduced with bi-partisan sponsorship. On 02/12/2020 the bill was heard back in the House Transportation Committee, where PPIAC President Andrea Orozco, VP of Training Tan Smyth, and Past Board Chairman Dean Beers testified in favor. The bill passed with a 10-1 vote; and the single dissenting vote expressing her hope DORA can answer the concerns PPIAC testified to and to be a ‘yes’ vote on the House floor. Also in February, 02/27/2020, PPIAC learned there is now bi-partisan sponsorship in the Senate – including our own John Cooke, former Weld County Sheriff when Dean attended the academy (2005).

On March 9th the bill was heard in the House Finance Committee to review the current fiscal note. All regulated professions in Colorado are self-sustaining from license fees - no taxpayer funds are used. Although this was to be a hearing without testimony, and DORA has previously stated they testify only at the first hearing of each chamber in support of their report to end the program, at this hearing they had two persons testify. Thankfully members of the PPIAC Legislative Committee attended, and Ryan Johnston was called to testify (Past President and Past VP of Legislative Affairs). DORA continues to falsely assert there has been no past or present, and without licensing no future, public harm by unlicensed and unregulated PIs. This is despite past and present overwhelming evidence provided by PPIAC - and other states. The committee passed the bill with an 8-3 vote to send it to the House Appropriations Committee.

Due to the COVID state of emergency, the Colorado legislature adjourned until May 18th. On 06/03/2020 the House Appropriations Committee unanimously passed the bill and sent it to the House floor for a full vote. On 06/05/2020 the House voted 48-15 and 2 excused to pass the bill and send it to the Senate. This came out stronger than prior to the COVID shutdown, and marks the largest margin of votes in favor of PI licensing in the Colorado House in over 30 years. The week of 06/08/2020 the bill passed unanimously in the Senate Finance Committee, then 9 to 1 in the Senate Appropriations Committee. On 06/10/2020 it passed final reading in the Senate and is on its way to the governor. On 06/29/2020 the final act was sent to the governor, and on 07/03/2020 he indicated still being inclined to veto.

It should be noted, on the House floor an amendment was added, stating, "
The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety."

As DORA is now stepping up efforts to end the program - we continue to ask for your support! 
The support of clients and colleagues is needed and appreciated.
Many have already provided letters of support for our next committee hearing once the bill is introduced. Please keep them coming, we need and appreciate your help.

A letter from each association board is helpful. Please send your letters attention to Colorado General Assembly Members and send them direct to PPIAC VP of Legislative Affairs Robert@api77co.com or our agency – associates@DeathCaseReview.com.

Introduced Bill
PI Statute & Rules
PPIAC Fact Sheet
Sample Support Letter
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