Divorce and money issues are ultimately tied together. Not only will you have to split the assets and debts during a divorce, but you will have to figure out how to survive financially afterwards…

As a Member of the New Hampshire General Court serving last term on Criminal Justice and this term on Ways and Means, I have developed an understanding for the process of legislation in New Hampshire. I am a licensed PI in NH and a member of NHLI (former secretary). I introduced HB776 and drafted the outline of the bill for committee consideration. Actual wording of bills in NH is done by legislative services and by the committee(s) reviewing the legislation.

With a Citizens’ Legislature the process is substantially different than in states or commonwealths having paid full-time legislators. New Hampshire General Court is unique being the third largest legislative body in the world (400 Members-House; 24 Members - Senate). It is routine for dentists to propose regulations affecting dentists, lawyers regulating lawyers, cops regulating cops, teachers - you get the idea. These people have the knowledge of the sundry businesses and professions to protect the public and advance the safety of the practitioners.

It is routine for less than perfect legislation to be presented. I can think of only one perfect piece of legislation ever offered and that consisted of only 10 rules (and they exist in two different configurations in the same good book). Even those 10 were modified with the addition of two more rules according to Christian tradition.

The Committee system in New Hampshire is designed to parse every word, comma, and paragraph until a committee product emerges. Usually this is good legislation. Usually the product bears little resemblance to the introduced legislation. That is the way legislation is created in New Hampshire, and in most other states. It is a long ineffective (thank goodness for no one deserves all the legislation that is offered in any state!) process. If anyone bothered to learn the system or actively participate directly in the system that salient fact would be self-evident.

There is a reason New Hampshire continues to be “First in the Nation.” That reason is simply that hard questions are asked by the wo/man on the street. Those same questioners often are Citizen Legislators. Believe me being questioned in committee is no fun and it is an exhausting way to earn $100.00 per annum plus mileage.

I sincerely hope that the personal attacks cease. I can only say that the unique anti-PI motor vehicle and criminal records restrictions in the Granite State stood a good chance of being removed until obfuscation, personalities, smoke and mirrors were introduced into the well-established committee process.

Oh well, everyone has an opinion (isn’t there a joke about that phrase?) and is entitled to express that opinion.

The remaining language to include archaic definitions and the lack of definition subjects practitioners and unregulated individuals to risk of arbitrary enforcement and creates more questions than solutions. The issue of mandatory continued education (to those of us currently subjected to said training) would make your hair stand on end. In the grand scheme of things, however, the opposition indeed won out.

Had this bill been put forth to truly modernize regulatory standards, been fair, reasonable, logical and for the good of the entire PI community — I would applaud the effort. Sadly, this was not the case and the resulting ill-will is going to be difficult to repair.

I’ve never been one to kow-tow to cliques and clans, but have strived to fairly represent the PI community as a whole before legislature, the public and regulators. I’ve fought against the exploitation of the PI community for self-serving gain before, and I’ll continue to do so.

If Mr. Healy wishes to cite ‘personal’ please see above hysterical posts of May 15 and 16 in response to my legislative efforts to which I am entitled. Apparently in New Hampshire it is NHLI’s way — or no way. This mentality is a detriment to the industry and is why I and many others fled from the organization.

And John? You are welcome to call me anytime to discuss your rants.

Former members of the State Association, the NHLI, and a former US Marshall presented testimony in subcommittee that allowed the subcommittee to vote against that bill. The subcommittee vote essentially killed that bill put forth by a self-proclaimed privacy advocate.
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The sub-committee hearing HB776, the bill for stricter regulation of PIs, voted nearly unanimous to pass the bill to the full committee after the “strong opposition” was exposed as essentially non-existent.

The sub committee was actually upset by the antics and rhetoric of the “strong opposition” who have now reverted to open and very personal attacks, in writing, against the authors and sponsor of the bill.

The normal New Hampshire very deliberate and time consuming and effective legislative process took its course.

No contradictory expert testimony was presented and the bill was supported by the controlling agency, the NH Department of Safety and the Domestic Violenece Coalition. Input from the Attorney General’s Office, the Criminal Justice Committee Members and hundreds of the 400-Member NH House went into the 3+ years of crafting this bill.

Opponents tried to enlist the Trial Lawyers Association to oppose the bill as as harmful to attorneys. After a review of the bill, and meeting with the sponsor, the Trial Lawyers stated they had no problem with the bill and opted not to oppose it in any fashion.

The bill now goes to a full committee for a vote.

We have the third largest English speaking lwegislature on the planet. Even though heavily Democratic, for the first time in memory, it is quite conservative when it comes to privacy.

PIs have little access to DMV, thanks to anti PI Legislator Neal Kurk. The Dept. of Transportaion can place live cameras on highways but can not record images ( Amber Alerts come to mind ) thanks to Mr. Kurk.

Dumpster diving is prohibited in NH. The Courts look at the intent of the property owner and the right ot privacy extends beyond the curb according to State V. Goss.

In the infamous Remsburgh Decision, PIs have been made responsible for the actions of thier clients if the client harms a third party.

Privacy advocate Rep. Neal Kurk appears and and opposes anything positive to do with PIs. He has made statements, to many, many, people he intends to Legislate us right out of existance.

He is trying to close all Gov’t held records to the public. When he can not do this, he targets one group…PIs.

Attempts to work with him, to smooth out the rough edges, have backfired many times. His
hatred of PIs is WELL known to other Legislators, lobbyists and many PIs. A fact of life.

Sadly we now find a NH PI aligned to help him on Legislation.

His most recent attack on records: Voter Registration Records.

Further making it hard to keep records access is the PI, served TWICE, with stalking petitions as a result of “surveillance”. We hear about this every time we enter the Legislature.

On the + side, the NH League of
Investigators has won many friends over the years and are highly regarded by the Committees whom we interact with.

We are working to cure the public, and legislative, misconceptions via a bill for more efficient regulation of the profession.

It looks like it will pass and it has a clause to make access to records much easier, but this law is not only opposed by Rep. Kurk, but by a small handful of PIs.

Why would a legitimate PI oppose a regulatory scheme with a proven track record of over 25 years? This was taken from the current law in Vt. which has been used there for about 25 years.

NH is a great place to live but seems to look at things a bit different than the rest of the world.

Representative Kurk has actively opposed all PI legislation, and most law enforcement enhanced records access and even public court records access legislation claiming that public access to public records interferes with a person’s privacy.

It is upsetting to see that a person claiming advocacy for the PI industry would announce association with a Representative who has publicly stated that he would prefer to see the profession of PI closed and who has been the subject of complaints to the House leadership by members of the PI profession for his biased and prejudicial remarks.”

Both HB269 and 686 have been retained in committee.

HB 686:
358-S:5 Electronic Tracking Prohibited. No person may use any electronic means of tracking another person without a valid court order or other legal authorization or the consent of person being tracked. Any person who violates this section shall be guilty of a violation. This section shall not be construed to apply to locating technology used by the enhanced 911 system or to commercial mobile radio service pursuant to 47 U.S.C. section 332.

As for GPS tracking, is it the person or the vehicle that is being tracked? I maintain that in passive GPS application, it is the vehicle asset that is tracked as there is no way to know who is actually driving the vehicle. Real time GPS tracking coupled with covert mobile surveillance may be a problem as proposed. However if a registered owner of the vehicle (legally authorizes) the tracking of a co-owned asset, it should be permissible.

I have offered Rep. Kurk my assistance with both bills. We’ll see.

Motto: “Complaints are welcome if you contribute to a solution.”

Deborah Aylward

Thank you, Tamara, for making us all aware of this continuing fight.

HB 776-FN An ACT establishing the licensure and regulation of private investigators proposes a re-write of existing licensing laws. The Executive Departments and Administration Committee unanimously voted to retain the bill for further study.

Deborah Aylward, Immediate Past President of the Private Investigator Association of Virginia (who recently relocated to the Granite State) organized strong opposition to this measure. Aylward noted among numerous errors and ommissions that the bill criminalzes common business practices and grants regulatory control of competitors to a business organization.

The committee asked Aylward to assist with obtaining expert advice before any further consideration.

Bill text: http://www.gencourt.state.nh.us/legislation/2007/HB0776.html