(4) Making any wilful misrepresentation or false promises or causing to be printed any false or misleading advertisement for the purpose of directly or indirectly obtaining business or trainees.

(5) Having demonstrated unworthiness or incompetency to act as an examiner or trainee, as defined under this Act, in such manner as to effect the interests of the public.

(6) Allowing one's license under this Act to be used by an unlicensed person in violation of the provisions of this Act.

(7) Wilfully aiding or abetting another in the violation of this Act or of any regulation or rule issued pursuant thereto.

(8) Where the licensed holder has been adjudged mentally ill, mentally deficient, or in need of mental treatment as provided in the Mental Health Code.

(9) Failing, within a reasonable time, to provide information requested by the department as the result of a formal or informal complaint to the department, which would indicate a violation of this Act.

SEC. 9. Any unlawful act or violation of any of the provisions of this Act upon the part of any examiner or trainee shall not be cause for revocation of the license of any other examiner for whom the offending examiner may have been employed, unless it shall appear to the satisfaction of the department that the examiner has wilfully aided or abetted the actions or activities of the offending examiner or trainee.

SEC. 10. The department shall publish, at least annually, a list of the names and addresses of all examiners and trainees and of all persons whose licenses have been suspended or revoked within that one year, together with such other information relative to the enforcement of the provisions of this Act as it may deem of interest to the public in the profession. One such list shall be mailed to the County Clerk of each county of the Commonwealth and shall be held by such County Clerk as a public record. Such list shall also be mailed by the department to any person in the Commonwealth upon request.

SEC. 11. The department may upon its own motion and shall upon the verified complaint in writing of any person setting forth facts which if proved would constitute grounds for denial, suspension, or revocation of a license under this Act, investigate the actions of any applicant or any person holding or claiming to hold a license. The department shall, before denial, suspension, or revocation of a license, at least ten days prior to the date set for the hearing, notify in writing the applicant or holder of a license of the nature of the charges and that a hearing will be held on the date designated. The hearings shall determine whether the applicant or holder, hereinafter called the respondent, is privileged to hold such license, and shall afford the respondent an opportunity to be heard in person or by counsel in reference thereto. Such written notice may be served by personal delivery to the respondent or by mailing the same by registered or certified mail with return receipt requested to the place of business last specified by the respondent on the records of the department. At the time and place fixed in the notice, the commisisoner shall proceed to hear the charges, and both the respondent and complainant shall be accorded ample opportunity to present in person or by counsel such statements, testimony, evidence and argument as may be pertinent to the charges or to the defense thereto. The commissioner may continue such hearing from time to time. If the commissioner shall not be sitting at the time and place fixed in the notice or at the time and place to which the hearing shall have been continued, the commissioner shall continue such hearing for a period not to exceed thirty days.

SEC. 12. (1) The department, at its expense, shall provide a stenographer to take down the testimony and preserve a record of all proceedings at the hearing of any case involving the denial, suspension or revocation of a license. The notice of hearing, complaint and all other documents in the nature of pleadings and written motions filed in the proceedings, the transcript of testimony, the report of the commissioner and orders of the department shall be the records of such proceedings. The department shall furnish a transcript of such record to any person interested in such hearing upon payment therefor of seventyfive cents per page for each original transcript and twenty-five cents per page for each carbon copy thereof ordered with the original: provided, however, the charge for any part of such transcript ordered and paid for previous to the writing of the original record thereof shall be twenty-five cents per page.

(2) In any case involving the denial, suspension or revocation of a license, a copy of the commissioner's report shall be served upon the respondent by the department, either personally or by registered or certified mail as provided in this Act for the service of the notice of hearing. Within twenty days after

such service, the respondent may present to the department a motion in writing for a rehearing, which written motion shall specify the particular grounds therefor. If no motion for rehearing is filed then upon the expiration of the time specified for filing such a motion, or if a motion for rehearing is denied, then upon such denial the commissioner may enter an order in accordance with recommendations of the department. If the respondent shall order and pay for a transcript of the record within the time for filing a motion for rehearing, the twenty-day period within which such a motion may be filed shall commence upon the delivery of the transcript to the respondent.

SEC. 13. Any circuit court, either in term time or vacation, may, upon application of the commissioner or of the applicant or licensee against whom proceedings upon Section 11 of this Act are pending, enter an order requiring the attendance of witnesses and their testimony, and the production of documents, papers, files, books and records in connection with any hearing in any proceedings under that Section.

SEC. 14. Any person affected by a final administrative decision of the department may have such decision reviewed judicially by the Circuit Court of Franklin County.

SEC. 15. Upon the revocation or suspension of any license, the licensee shall forthwith surrender the license to the department, and if the licensee fails to do so, the department shall have the right to seize the same.

SEC. 16. If any person violates the provisions of this Act, the commissioner shall, in the name of the People of the Commonwealth of Kentucky, through the Attorney General of the Commonwealth of Kentucky, apply, in any court of competent jurisdiction, for an order enjoining such violation or for an order enforcing compliance with this Act. Proceedings under this section shall be in addition to, and not in lieu of, all other remedies and penalties provided by this Act.

SEC. 17. An order or a certified copy thereof, over the seal of the department and purporting to be signed by the commissioner, shall be prima facie proof thereof;

(1) That such signature is the genuine signature of the commissioner; (2) That such commissioner is duly appointed and qualified; and (3) That the commissioner and department thereof are qualified to act. SEC. 18. Section 3(1), Section 5(1), and Section 6(1) of this Act, relating to fees charged applicants for a license, shall not apply to any department of the United States or any agency of the city, county or state of the Commonwealth of Kentucky provided that no fee is charged for administration of the test.

SEC. 19. Should any one or more provision of this Act be held invalid, such invalidity shall in no manner affect any of the other provisions hereof.

SEC. 20. Any person who violates any of the provisions of this Act shall, for each violation, be fined not less than twenty dollars nor more than five hundred dollars.

Approved March 9, 1962.

EXHIBIT 1C-NEW MEXICO

SESSION LAWS OF NEW MEXICO, 1963

Regular Session

CHAPTER 225, LAWS 1963

House Bill No. 341

AN ACT Relating to the Practice of Polygraphy; Providing for a licensing board; and establishing procedure for registration, qualification, and licensure

Be it enacted by the Legislature of the State of New Mexico:

SECTION 1. "Polygraphy" and "Practice of Polygraphy" defined. As used in this act:

A. "Polygraphy" means the recording of tracings of several different pulsations in the human body simultaneously for the purpose of determining veracity; and

B. "Practice of polygraphy" means the employment of any instrument designed to record simultaneously the physiological changes in human respiration, cardiovascular activity and galvanic skin resistance, or reflex, to determine veracity

and to detect deception or the reading and interpretation of polygraph records and results.

SEC. 2. License to Practice Polygraphy. It is unlawful for any person to practice polygraphy, offer his services in the capacity of a polygrapher or purport to be a polygrapher without a liecense issued by the state board of examiners in polygraphy.

SEC. 3. Board of Examiners in Polygraphy. There is created a board of examiners in polygraphy to be comprised of three members to be appointed by the Governor for terms of three years: Provided, however, of the first board appointed, one member shall have a term of one year, one member shall have a term of two years and and one member shall have a term of three years. Any appointment to fill a board vacancy shall be for the unexpired term. Board members shall be qualified electors of New Mexico; one member shall be a licensed doctor of medicine; and two members shall be polygraphers actively engaged in the practice in New Mexico. The board shall meet annually in Santa Fe, upon a date to be set by resolution of the board, for the purpose of transacting business. The board members shall receive per diem and mileage as provided in the Per Diem and Mileage Act, and shall receive no other compensation, perquisite or allow

ance.

SEC. 4. Board Organization. Appointment of Registrar. Within sixty days of their appointment the board members shall meet and organize, designating one member president and one member registrar. The registrar of the board shall be ex-officio secretary-treasurer of the board and may receive payment, for service and remuneration for expenses in carrying out his necessary duties, in an amount to be determined by the board.

SEC. 5. Duties of Registrar-Records. The registrar of the board shall keep a registration book in which shall be entered the name of each licensee, date of license issue, address of licensee, record of fee payments and any other information concerning licensed polygraphers deemed necessary or desirable by the board. The registrar shall maintain a minute book recording all transactions of the board and shall keep financial records of disbursements and receipts in manner prescribed by the director of the department of finance and administration. The records of the board shall be maintained in Santa Fe.

SEC. 6. Applications for Registration and License. Persons seeking registration and licensing as a polygrapher shall make written application to the board of examiners in polygraphy, upon forms supplied by the registrar of the board. Application forms shall be designed and prescribed by the board to elicit all information necessary to determine whether an applicant is qualified to be examined as a polygrapher.

SEC. 7. Fees-Renewals-Suspension and Revocation. Each application for registration and license shall be accompanied by a fee of one hundred dollars ($100) payable to the state board of examiners in polygraphy. This initial fee is not refundable and shall cover the costs of processing the application; and it shall include, for successful candidates, the annual license fee for the year following registration and licensing. On or before July 1 of each year, every registered and licensed polygrapher shall transmit to the registrar a renewal fee of fifty dollars ($50.00) accompanied by the person's name, address, and registration number, and he shall receive therefor a renewal license certificate. A license granted by the board shall be automatically suspended if the holder fails to apply for renewal within a period of three months after July 1 of each year. Any suspended license may be restored by the board upon payment of a fee of fifty dollars ($50.00) in addition to the unpaid renewal fee. Failure to renew a license within one year from the date of suspension shall cause the license to be automatically revoked.

SEC. 8. Qualifications for Licensing and Registration. To be eligible and qualified for registration and licensing as a polygrapher, a person shall:

A. have attained the age of twenty-five years;

B. be a citizen of the United States;

C. be a graduate of a high school or have completed an equivalent course of study, as determined by an examination conducted by the state board of education;

D. be of good moral character; and

E. successfully pass examination by the state board of examiners in poly-graphy.

SEC. 9. Examinations. The state board of examiners in polygraphy shall, by examination, or by such other means as it shall deem advisable, determine whether each applicant for registration and license possesses the necessary knowledge and skill required to practice polygraphy in New Mexico.

SEC. 10. Refusal to License Suspension and Revocation. The state board of examiners in polygraphy may refuse to issue a license or, if a license has been issued, may suspend or revoke the license of any person found, by the board: A. to have been convicted of a crime involving moral turpitude;

B. to have made false representations to the board for the purpose of securing registration and license;

C. to be chronically or persistently inebriate or addicted to drugs;

D. to have been adjudged incompetent or insane;

E. to have been guilty of unprofessional conduct; or

F. to be incompetent.

SEC. 11. Unprofessional Conduct. Unprofessional conduct consists of those acts, determined by the state board of examiners in polygraphy, to be inconsistent with the public welfare, and shall include conduct tending to deceive or defraud, obtaining fees by misrepresentation, charging unusual, unreasonable or exorbitant fees, fee "splitting," and spurious advertising.

SEC. 12. Deposit and Use of Funds. All funds received by the registrar are to be deposited with the state treasurer to be credited to the "state board of examiners in polygraphy fund." The funds shall be used solely for the administration of registration and licensing procedures conducted by the state board of examiners in polygraphy.

SEC. 13. The state board of examiners in polygraphy is empowered to promulgate rules and regulations it shall deem necessary or desirable. The board may obtain the assistance of the attorney general to obtain necessary legal assistance. The board may expend the sums from the state examiners in polygraphy fund in accordance with annual budgets approved by the department of finance and administration. All expenditures shall be made upon vouchers signed by the registrar of the board.

SEC. 14. Any person who violates any provision of this act is guilty of a misdemeanor.

Approved March 21, 1963.

EXHIBIT 1D-ALASKA

LAWS OF ALASKA, 1964

CHAPTER 36

AN ACT Relating to examinations in which polygraphs or other lie-detector devices are

used

Be it enacted by the Legislature of the State of Alaska:

SECTION 1. AS 23.10 is amended by adding a new section to article 1 to read: SEC. 23.10.037. Lie-Detector Tests. (a) No person either personally or through an agent or representative may request or suggest to a person in his employ or to a person who has an application for employment pending before him or require as a condition of employment that the employee or applicant submit to an examination in which a polygraph or other lie-detecting device is used.

(b) The provisions of (a) of this section do not apply to the state or a political subdivision of the state when dealing with policemen in its employ or with persons applying to be employed as policeman.

(c) In this section "person" includes the state and a political subdivision of the state.

(d) A person who violates this section is guilty of a misdemeanor and, upon conviction, is punishable by a fine of not more than $1,000, or by imprisonment for not more than one year, or by both.

Law without signature April 2, 1964.

EXHIBIT 1E-CALIFORNIA

Chapter 1881 of Statutes and Amendments to the Codes, California, 1963, page 3866, reads as follows:

SECTION 1. Section 432.2 is added to the Labor Code, to read:

"432.2. No employer shall demand or require any applicant for employment or propective employment or any employee to submit to or take a polygraph, lie detector or similar test or examination as a condition of employment or continued employment. The prohibition of this section does not apply to the federal government or any agency thereof or the state government or any agency or local subdivision thereof, including, but not limited to, counties, cities, cities and counties, cities, district, authorities, and agencies."

EXHIBIT 1F-ILLINOIS

SMITH-HURD STATUTES

TITLE 38

§ 736.2 Lie detector tests-Restrictions on court

In the course of any criminal trial the court shall not require, request or suggest that the defendant submit to a polygraphic detection deception test, commonly known as a lie detector test to questioning under the effect of thiopental sodium or to any other test or questioning by means of any mechanical device or chemical substance.

$ 54.1

TITLE 110

(Civil Practice Act, § 54.1). Lie detector tests-Limitations

In the course of any civil trial or pre-trial proceeding the court shall not require that the plaintiff or defendant submit to a polygraphic detection deception test, commonly known as a lie detector test or require, suggest or request that the plaintiff or defendant submit to questioning under the effect of thiopental sodium or to any other test or questioning by means of any chemical substance.

EXHIBIT 1G-MASSACHUSETTS

GENERAL LAWS ANNOTATED, 149

GENERAL PROVISIONS AS TO EMPLOYMENT

§ 19B. Lie detector tests; use as condition of employment; penalty

No employer shall require or subject any employee to any lie detector tests as a condition of employment or continued employment. Any person violating this section shall be punished by a fine of not more than two hundred dollars. Added St. 1959, c. 255.

Approved April 28, 1959.

EXHIBIT 1H-OREGON

Regular Session

CHAPTER 249, LAWS 1963

House Bill No. 1453

AN ACT Relating to lie detector tests as a condition for employment; and providing penalties

Be it enacted by the People of the State of Oregon:

SECTION 1. No person, or agent or representative of such person, shall require, as a condition for employment or continuation of employment, any person or employe to take a polygraph test or any form of a so-called lie detector test.

SEC. 2. Violation of section 1 of this Act is punishable, upon conviction, by a fine of not more than $500 or by imprisonment in the county jail for not more than one year, or by both.

Approved May 6, 1963.