The Florida Sexual Offenders and Predators database is now available en Español.

The public’s right to access public records supersedes laws relieving government agencies from compiling new records, according to a recent North Dakota Attorney General Opinion. The Department of Transportation denied a request for records by Carfax, although the state public records access law requires that “an electronically stored record under this section [44-04-18], or a copy thereof, must be provided at the requester’s option in either a printed document or through any other available medium.” ND DOT responded that it wasn’t required to create or compile a record that does not exist. The Attorney General disagreed, requiring corrective measures be instituted within 7 days. By Tamara Thompson

2/13/2007 10:17:05 AM
Daily Journal

By Carlie Kollath
Daily Journal

TUPELO – In Mississippi, the only difference in the eyes of the law between a stalker and private investigator is a business card, according to a state representative.

The Magnolia State does not regulate private investigators.

Rep. Bennett Malone, D-Carthage, said he hopes to change that. He has introduced a bill that would create a seven-person board to establish regulations for PIs. The bill also would require PIs and PI agencies to get a license after meeting a series of qualifications.

“In Mississippi, there are no regulations,” Malone told the Daily Journal. “PIs are accountable to no one. That scares the daylights out of me.”

Mississippi has a bill that makes harassment and stalking a crime, but according to Malone, private investigators are the loophole.

“The stalking bill is no good,” he said. “You notice someone watching you. You complain to an officer.”

But that person says he’s a private investigator and hands a business card to the police.

“He doesn’t have to disclose his client and doesn’t have to prove he is actually working,” Malone added, insisting his House Bill 750 would close the loophole.

The bill passed in the House last week and moves to the Senate. If it is passed without any amendments, it will go directly to Gov. Haley Barbour – he can sign it or veto it. Malone said he is optimistic the bill will be in effect no later than July 1.

The move comes 15 years after Louisiana began requiring PIs to get a state license. It also comes after Tennessee began regulating private investigators. Mississippi is one of a handful of states, including Alabama, that does not have a state law requiring licenses for PIs.

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JEFFERSON CITY — Private investigators could be subjected to statewide scrutiny if a bill proposed by Sen. Harry Kennedy, D-St. Louis, passes.

On Monday, the Senate Financial Committee heard Kennedy’s bill, which would create a statewide board to license and regulate private investigators throughout the state.

Kennedy’s bill would allow current private investigators to become certified if they have been in good standing as a business for two years and provide proof of liability and workers’ compensation insurance. It would also require continuing educational requirements for all licensees.

Kennedy, who has proposed identical legislation the past three years, said Missouri was one of only six states in the country that don’t have statewide licensure and cited the need for oversight of private investigators as his reason for sponsoring the legislation.

Kevin Burgdorf, treasurer of the Missouri Association of Private Investigators, testified in favor of the proposal and said that the intent of the legislation was not to destroy competition from other private investigators, but rather to protect customers from private investigators with insufficient credentials.

“Our only request, at the passing of this bill, is simply to regulate, dictate a standard of operating procedures. We’re not trying to put people out of business.”

Tim Oliver, a private investigator in Boone County for 25 years, has been involved in lobbying against similar private investigator regulation bills. He has also lobbied in favor of license-to-carry legislation in the past. Oliver said he thinks that the proposal is an unnecessary intrusion by the government into the private investigator profession.

“I can tell you, I don’t want more government intervention and involvement in my personal life or in my business life as a private investigator,” he said. “There has been absolutely no public or press outcry for this legislation to pass. I mean, nobody wants it except Missouri Association of Private Investigators.”

He also said he thinks that the licensing fees that would be created by the legislation would create an unfair burden on private investigators.