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Committee hears AGO request to allow confidential IDs for investigators
Summary
HB 2096 would permit the Department of Licensing to issue confidential driver's licenses or identicards to Office of the Attorney General investigators for undercover civil or criminal work; AGO said it would protect investigators, while law enforcement associations raised concerns about background checks and deconfliction.
The committee heard House Bill 2,096, an Attorney General request bill to authorize the Department of Licensing to issue confidential driver's licenses and identicards to investigators employed by the Office of the Attorney General for undercover or covert civil and criminal investigations.
Sandy Meyer summarized that DOL currently issues confidential credentials for commissioned law enforcement officers and that the bill would extend a statutory authorization to AGO investigators. Meyer said both the Attorney General's Office and DOL anticipate no fiscal impact because DOL maintains a process for issuing confidential credentials.
Representative Julie Reed, the bill sponsor, said the change codifies a prior DOL practice and noted AGO anticipates fewer than 10 confidential identicards would be needed per year. Alice Palasari, Deputy Legislative Director for the Attorney General's Office, said investigators use alias identities to investigate consumer protection, civil rights and environmental matters and that confidential IDs reduce the risk investigators will be doxxed or have investigations exposed. Palasari said the AGO is open to refinements, including limiting authority to civil investigations or to identicards rather than driver's licenses.
James McMahon, policy director for the Association of Sheriffs and Police Chiefs, said his membership is still evaluating the concept and raised concerns that AGO civilian investigators are not commissioned law enforcement officers, do not undergo the same background investigations or training, and that the proposal could complicate deconfliction across agencies. The committee asked for follow-up information; AGO counsel and other witnesses explained that AGO's undercover work focuses on civil enforcement such as online purchases and marketing to minors, which differs from 'secret shopper' enforcement by other agencies.
Heidi Lowe of the Campaign for Tobacco Free Kids urged support, saying confidential IDs would help enforce laws regulating remote sales and protect youth by improving investigations into unlawful tobacco and vape sales.
The hearing closed with no committee action recorded.
