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House rejects bill to grant 'special function' status to licensing investigators after heated debate over firearms and authority
Summary
The House declined to pass HB 39, which would have designated certain Division of Occupational and Professional Licensing investigators as 'special function officers' with post‑certification and legal protections; the floor vote followed intense debate over whether they should be authorized to carry firearms and what authorities and benefits the status would confer.
House Bill 39, which would have created a statutory special‑function status for certain investigators in the Division of Occupational and Professional Licensing, failed after extended floor debate and an ultimately unsuccessful attempt to alter the firearms language.
Representative Phil Pott introduced the bill as a means to provide investigators with recognition, post‑certification and legal protections. He said special‑function status would bring "post certification, higher training, qualifications, and the ability to...bring a little bit more credibility to that position of investigator." During debate, Representative Wallace offered amendment number 3 clarifying that being designated a special function officer "is not authorized to carry a firearm as a function of being designated a special function officer." That amendment passed on the floor.
Supporters argued investigators sometimes face dangerous situations and should have protections; Representative McCartney described instances of threats and said, "If a scalpel's put to my neck...and I don't have a weapon...I think that that really opens us up for liability." Opponents warned against blurring licensing and policing functions, questioned whether licensing investigators should have enhanced law enforcement attributes, and raised concerns about retirement and pay consequences. After further debate and a failed motion to reconsider the firearm‑related amendment, the underlying bill failed on final passage (22 yes, 48 no) and will be filed.
The floor record contains multiple examples and anecdotes from members on both sides of the issue; the outcome leaves investigators without the statutory special‑function designation proposed in HB 39.
