FORTY-EIGHTH LEGISLATURE

FIRST SESSION, 2007

March 12, 2007

Mr. Speaker:

    Your JUDICIARY COMMITTEE, to whom has been referred

SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE

FOR SENATE BILL 621

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

     1. On page 4, line 4, after "results", insert "or any other device used to measure truthfulness".

     2. On page 5, line 4, strike "or".

     3. On page 5, line 7, after the semicolon, insert "or".

     4. On page 5, between lines 7 and 8, insert the following new paragraph:

                "(6) the scene of a motor vehicle accident or evidence related to a motor vehicle accident;".

     5. On page 8, line 6, strike "trains or".

     6. On page 14, line 16, after "offense", insert ", an offense involving dishonesty".

     7. On page 14, line 20, after "standards", insert "as defined by the department".

     8. On page 17, lines 19 and 20, strike ", consisting of not less than six thousand hours".

     9. On page 18, line 3, after the second occurrence of a comma, insert "motor vehicle or other".

     10. On page 18, line 23, strike "officer" and insert in lieu thereof "officers".

     11. On page 19, line 1, after "offense", insert ", an offense involving dishonesty, an offense".

     12. On page 19, line 5, after "entity", insert ", either singly or collectively," and after "of", strike the remainder of the line and insert in lieu thereof "a felony offense or an offense involving".

     13. On page 20, line 14, strike "newly".

     14. On page 23, line 8, after "offense", insert ", an offense".

     15. On page 23, line 9, after "involving", insert "dishonesty, an offense involving".

     16. On page 23, lines 12 and 13, strike "of not less than six thousand hours".

     17. On page 24, line 19, after "offense", insert ", an offense involving dishonesty, an offense".

     18. On page 24, line 23, after "entity", insert ", either singly or collectively," and after "of", strike the remainder of the line and insert in lieu thereof "a felony offense, an offense involving dishonesty or an offense involving an".

     19. On page 29, line 13, after "employee", insert "or who provides services on a contract basis to a private investigation company".

     20. On page 29, line 14, after "registration", insert "as a private investigations employee".

     21. On page 29, line 19, strike "eighteen" and insert in lieu thereof "twenty-one".

     22. On page 30, line 4, after "by", insert ", or shall contract with a private investigation company to provide investigation services for,".

     23. On page 30, line 9, after "the", insert "contract or".

     24. On page 32, line 13, after "involving", insert "dishonesty, an offense involving".

     25. On page 34, line 10, after "rule", strike the remainder of the line and strike line 11 through "hours".

     26. On page 34, between lines 17 and 18, insert the following new subparagraph:

                     "(b) an in-house training program provided by a licensed private patrol company using a curriculum approved by the department;".

     27. Reletter the succeeding subparagraphs accordingly.

     28. On page 36, line 6, after "the", strike the remainder of the line and insert in lieu thereof "department".

     29. On page 36, strike lines 7 and 8 in their entirety and strike line 9 through "hours".

     30. On page 36, between lines 14 and 15, insert the following new subparagraph:

                     "(b) an in-house training program provided by a licensed private patrol company using a curriculum approved by the department;".

     31. Reletter the succeeding subparagraphs accordingly.

     32. On page 36, line 21, after "certified", insert "by the New Mexico law enforcement academy or the national rifle association".

     33. On page 38, line 24, before "The", insert the subsection designation "A.".

     34. On page 39, lines 1, 3, 5, 7, 9, 11 and 13, strike the subsection designations "A." through "G.", respectively, and insert in lieu thereof the paragraph designations "(1)" through "(7)", respectively.

     35. On page 39, line 14, strike the ending quotation mark and between lines 14 and 15, insert a new subsection to read:

          "B. Fees charged for the license renewal period during fiscal years 2007 and 2008 shall not be increased prior to the renewal period in fiscal year 2009."".

     36. On page 41, line 1, after "registrant" insert "when working".

     37. On page 44, line 25, after "bond", insert "in the amount of ten thousand dollars ($10,000)".

     38. On page 46, line 1, after "bond", insert "in the amount of ten thousand dollars ($10,000)".

     39. On page 47, lines 2 and 3, strike "private investigations manager or private patrol operations manager".

     40. On page 47, line 4, strike "either of them" and insert in lieu thereof "the licensee".

     41. On page 49, line 1, strike "moral turpitude" and insert in lieu thereof "dishonesty".

     42. On page 59, between lines 23 and 24, insert the following new subsection:

          "I. Except as provided in Subsections C and D of this section, a person licensed or registered pursuant to the Private Investigators and Polygraphers Act prior to July 1, 2007 shall be licensed or registered pursuant to the Private Investigations Act on or after July 1, 2007 at a level of licensure or registration equivalent to that level that the person held prior to July 1, 2007 without further training or examination; provided that the person:

                (1) applies for licensure or registration pursuant to the Private Investigations Act no later than October 31, 2007;

                (2) shall be subject to any disciplinary proceedings initiated prior to July 1, 2007 or disciplinary action resulting from the proceedings due to the licensee's or registrant's unethical conduct or actions or inactions taken in violation of the Private Investigators and Polygraphers Act; and

                (3) remains otherwise eligible to be licensed or registered pursuant to the Private Investigations Act.".