Bill Summary – FastDemocracy

LB50                                                                                LB50
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                              LEGISLATURE OF NEBRASKA
                         ONE HUNDRED SEVENTH LEGISLATURE
                                    FIRST SESSION
                       LEGISLATIVE BILL 50
       Introduced by Groene, 42.
       Read first time January 07, 2021
       Committee: Judiciary
  A BILL FOR AN ACT relating to the Licensing of Truth and Deception
      Examiners Act; to amend sections 81-1902, 81-1903, 81-1910, 81-1914,
      81-1915,   81-1916,    81-1917,    81-1918,   81-1919,   81-1923,   81-1924,
      81-1925, 81-1928, 81-1930, 81-1934, 81-1935, and 81-1936, Reissue
      Revised Statutes of Nebraska; to change provisions relating to voice
      analysis examiners and voice stress analyzers;   to harmonize
       provisions; and to repeal the original sections.
   Be it enacted by the people of the State of Nebraska,
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        Section 1. Section 81-1902, Reissue Revised Statutes of Nebraska, is
   amended to read:
        81-1902 It is the purpose of the Licensing of Truth and Deception
   Examiners Act sections 81-1901 to 81-1936 to regulate all persons who
   purport to be able to detect deception or to verify truth of statements
   through the use of instrumentation, such as lie detectors, polygraphs,
   deceptographs,     psychological stress evaluators,     or voice stress
   analyzers.   The act Sections      81-1901   to   81-1936   shall be   liberally
   construed to regulate all such persons using such instruments. No person
   who purports to be able to detect deception or to verify the truth of
   statements through instrumentation shall be exempt from the act sections
   81-1901 to 81-1936 because of the terminology which he or she may use to
   refer to himself or herself, to an instrument used, or to services
   provided. The act Sections 81-1901 to 81-1936 shall not be interpreted to
   prohibit the legitimate use of any of the instruments listed in this
   section for research purposes.
        Sec. 2. Section 81-1903, Reissue Revised Statutes of Nebraska, is
   amended to read:
        81-1903 For the purpose of the Licensing of Truth and Deception
   Examiners Act sections 81-1901 to 81-1936, unless the context otherwise
   requires, the definitions found in sections 81-1904 to 81-1913 shall be
   used.
        Sec. 3. Section 81-1910, Reissue Revised Statutes of Nebraska, is
   amended to read:
        81-1910 Voice analysis examiner shall mean any person, other than an
   intern, who uses an instrument capable of permanently recording on a
   graph one or more psychophysiological reactions present in the voice of
   an examinee for the purpose of    attempting to   determine truth or
   deception.
        Sec. 4. Section 81-1914, Reissue Revised Statutes of Nebraska, is
   amended to read:
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         81-1914 No person shall, after January 1, 1981, by any means, use or
   attempt to use any instrument or device for the purpose of attempting to
   verify truthfulness or detect deception, or reporting or assisting in the
   reporting of     a diagnostic opinion regarding such truthfulness or
   deception unless such person is duly licensed and holds a valid license
   under the Licensing of Truth and Deception Examiners Act sections 81-1901
   to 81-1936. No person shall falsely represent that he or she is employed
   by or represents a person licensed under the act sections 81-1901 to
   81-1936.
         Sec. 5. Section 81-1915, Reissue Revised Statutes of Nebraska, is
   amended to read:
         81-1915 A person, including a municipal, county, or state employee,
   who wishes to engage in the use of instrumentation which is designed to
   attempt to detect truth or deception and any other person desiring to be
   licensed under the Licensing of    Truth and Deception Examiners Act
   sections 81-1901 to 81-1936 shall file an application for a license with
   the Secretary of       State.   If the applicant is     an individual,    the
   application shall include the applicant's social security number. The
   Secretary of     State shall issue        a nontransferable license to   each
   qualified applicant. Such license shall authorize the holder to engage in
   the use of instrumentation designed to detect truth or deception and each
   license shall specify the instrument the holder is licensed to operate.
         Sec. 6. Section 81-1916, Reissue Revised Statutes of Nebraska, is
   amended to read:
         81-1916 (1) Each applicant for a truth and deception examiner's
   license to operate a polygraph instrument shall submit to the Secretary
   of State a sworn affidavit that the applicant:
         (a) Is at least nineteen years of age;
         (b) Is a citizen of the United States and a resident of the State of
   Nebraska;
        (c) Has not been under sentence for the commission of a felony
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  within five years prior to such application, including parole, probation,
  or actual incarceration, and has never been convicted of a felony or a
  misdemeanor involving moral turpitude;
        (d)   Has an   academic degree at    the baccalaureate level from an
  accredited college or    university,         has at    least four years of
  investigative experience at the federal, state, political subdivision, or
  private licensed investigator level immediately prior to application, or
  has had at     least four years experience administering polygraph
  examinations;
        (e) Has satisfactorily completed a minimum of two hundred fifty
  classroom hours of formal polygraph instructions from an institution
  recognized and approved by the secretary and satisfactorily completed not
  less than one year of internship training or its equivalent as approved
  by the secretary; and
        (f) Has not previously had an examiner's license or its equivalent
  refused, revoked, or suspended, or otherwise invalidated for any cause
  which would also represent lawful grounds for revoking or denying the
  applicant's license under the Licensing of Truth and Deception Examiners
  Act sections 81-1901 to 81-1936.
        (2) Each applicant shall also:
         (a) Furnish the secretary with satisfactory proof that he or she has
  had suitable experience in    the personal administration of   polygraph
  examinations during his or her internship or its equivalent;
        (b)   Furnish the secretary with completed fingerprint cards,   in
  duplicate,        bearing the applicant's fingerprints and such other
  identifying information or certification as to the authenticity thereof
  as the secretary may reasonably require; and
         (c) After satisfying all of the other requirements of this section,
   be required to satisfactorily pass a written examination regarding the
  polygraph, conducted by the secretary or under his or her supervision,
  given to determine competency to practice as an examiner.
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          Sec. 7. Section 81-1917, Reissue Revised Statutes of Nebraska, is
   amended to read:
          81-1917 (1) Each applicant for a truth and deception examiner's
  license to operate a voice stress analyzer analysis instrument shall
  submit to the Secretary of State a sworn affidavit that the applicant:
         (a) Is at least nineteen years of age;
         (b) Is a citizen of the United States and a resident of the State of
  Nebraska;
         (c) Has not been under sentence for the commission of a felony
  within five years prior to application, including parole, probation, or
   actual incarceration, and has never been convicted of a felony or a
   misdemeanor involving moral turpitude;
          (d) Is a certified law enforcement officer who Has an academic
   degree at   the baccalaureate level from an    accredited college or
   university, has at least four years of investigative experience at the
   federal, state, political subdivision, or private licensed investigator
  level immediately prior to application, or has had at least four years
  experience administering voice stress examinations;
          (e) Has satisfactorily completed a minimum of sixty classroom hours
   of formal voice stress analysis instruction recognized and approved by
  the secretary and has satisfactorily completed at least one year of
  internship training or its equivalent as approved by the secretary; and
          (f) Has not previously had an examiner's license or its equivalent
   refused or revoked, or otherwise invalidated for cause duly shown which
   would also represent lawful grounds for revoking or    denying the
   applicant's license under the Licensing of Truth and Deception Examiners
   Act.
          (2) Each applicant shall also:
          (a)    Provide the secretary with proof that the applicant has
  completed a course of study at a training facility approved pursuant to
  subdivision (e) of subsection (1) of this section;
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       (b) Furnish the secretary with satisfactory proof that the applicant
   he or she has had suitable experience in the personal administration of
   voice stress analysis examinations during the applicant's his or her
   training course;
       (c)   Furnish the secretary with completed fingerprint cards,   in
   duplicate,   bearing the applicant's fingerprints and such other
   identifying information or certification as to the authenticity thereof
   as the secretary may reasonably require; and
      (d) After satisfying all of the other requirements of this section,
   be required to satisfactorily pass a written examination regarding the
   voice stress analyzers analysis instruments, conducted by the secretary
   or under the secretary's his or her supervision, given to determine
   competency to practice as an examiner.
       Sec. 8. Section 81-1918, Reissue Revised Statutes of Nebraska, is
   amended to read:
       81-1918 For purposes of sections 81-1916 and 81-1917, the secretary
  shall accept as proof of completion of a course of study or training a
  copy of a diploma or certificate attesting to the applicant's completion
   of a training course at an approved or certified training facility or
   institution, including, but not limited to, those training facilities or
   institutions which have been certified by (1) the American Polygraph
   Association as a course of study and training in the use of the polygraph
   instrument or (2) the National Institute for Truth Verification and the
   National Association of Computer Voice Stress Analysts as a course of
   study and training in the use of voice stress analyzers instruments.
       Sec. 9. Section 81-1919, Reissue Revised Statutes of Nebraska, is
   amended to read:
       81-1919 A person may apply for and receive an intern's license
   authorizing such person to use a polygraph or voice analysis instrument
   if such person is in compliance with subdivisions (1)(a), (1)(b), (1)(c),
  (1)(e), (1)(f), and (2)(b) of section 81-1916 or subdivisions (1)(a), (1)
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   (b), (1)(c), (1)(e), (1)(f), and (2)(c) of section 81-1917 respectively.
   A person shall apply for an intern's license ten days prior to the
   commencement of such person's his or her internship.
        Sec. 10. Section 81-1923, Reissue Revised Statutes of Nebraska, is
   amended to read:
        81-1923 A license issued pursuant to the Licensing of Truth and
   Deception Examiners Act sections      81-1901     to    81-1936     shall not be
   assignable or transferable.
       Sec. 11. Section 81-1924, Reissue Revised Statutes of Nebraska, is
  amended to read:
        81-1924 A license issued under the Licensing of Truth and Deception
   Examiners Act sections 81-1901 to 81-1936 is the property of the state
   and shall be loaned to the licensee. A license or duplicate license shall
   be prominently displayed at each place of business of every examiner and
   the address of the licensee's place of business shall appear on the face
   of the license. The fee for a duplicate license is ten dollars.
        If    a licensee maintains more than one place of   business,     the
   licensee shall obtain a duplicate license from the secretary with the
   address of the additional business location appearing on the face of the
   duplicate license. The duplicate license must be prominently displayed at
   the address indicated on the face of the license. This section is not to
   be interpreted as    prohibiting    a truth and deception examiner from
   administering examinations at locations other than that prescribed on the
   license.
        Sec. 12. Section 81-1925, Reissue Revised Statutes of Nebraska, is
   amended to read:
        81-1925 The revenue derived from all licenses issued pursuant to the
   Licensing of   Truth and Deception Examiners Act sections    81-1901      to
   81-1936 shall be placed in the General Fund.
        Sec. 13. Section 81-1928, Reissue Revised Statutes of Nebraska, is
   amended to read:
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      81-1928 The secretary may deny, suspend, or revoke any license,
  after a hearing held in accordance with the Administrative Procedure Act,
  for any one or more of the following grounds:
      (1) Failure to inform a subject to be examined as to the nature of
  the examination;
      (2) Failure to inform a subject to be examined that participation is
  voluntary;
      (3) Asking questions during a polygraph or voice stress analysis
  examination regarding the examinee's sexual practices,       labor union,
  political or religious affiliations, or marital relationship, except when
  such questions have a bearing on the areas or issues under examination;
      (4)     Material misstatement in    the application for the original
   license or in the application for any renewal of license under the
  Licensing of    Truth and Deception Examiners Act sections      81-1901   to
  81-1936;
      (5) Willful disregard or violation of the act sections 81-1901 to
   81-1936 or any regulation or rule issued pursuant thereto including, but
   not limited to, willfully making a false report concerning an examination
   for polygraph or voice stress analysis examination purposes;
       (6)     Conviction of   professionally related felony or   any crime
  involving moral turpitude including, but not limited to, dishonesty,
  fraud, or unauthorized divulging or selling of information or evidence;
      (7) Making any willful misrepresentation or false promise or causing
   to be printed any false or misleading advertisement for the purpose of
   directly or indirectly obtaining business or interns;
      (8) Having demonstrated incompetency to act as a polygraph or voice
  analysis stress examiner;
       (9) Allowing a license under the act sections 81-1901 to 81-1936 to
  be used by any unlicensed person in violation of the provisions of
  sections 81-1901 to 81-1936;
      (10) Willfully aiding or abetting another in the violation of the
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   act sections 81-1901 to 81-1936 or any rule or regulation issued pursuant
   thereto;
       (11) Adjudication of mental illness;
       (12)     Failure,      within       a reasonable time,      to provide information
   requested by the secretary as a result of a formal complaint in writing
  to the