H. B. 2479
(By Delegate Michael)
[Introduced January 13, 2010; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §30-18-1, §30-18-3, §30-18-4, §30-18-5,
§30-18-6, §30-18-7, §30-18-8, §30-18-9, §30-18-10, §30-18-11
and §30-18-13 of the Code of West Virginia, 1931, as amended;
and to amend said article by adding thereto three new
sections, designated §30-18-4a, §30-18-7a and §30-18-14, all
relating to the licensing of private investigators and
security guards; registration of private investigative and
security guard employees; exemption for federal and federally
trained officers; prohibited acts; penalties for late
registration; and fees and charges for services of the
Secretary of State.
Be it enacted by the Legislature of West Virginia:
That §30-18-1, §30-18-3, §30-18-4, §30-18-5, §30-18-6,
§30-18-7, §30-18-8, §30-18-9, §30-18-10, §30-18-11 and §30-18-13 of
the Code of West Virginia, 1931, as amended, be amended and
reenacted; and that said article be amended by adding thereto three new sections, designated §30-18-4a, §30-18-7a and §30-18-14, all to
read as follows:
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
ARTICLE 18. PRIVATE INVESTIGATIVE AND SECURITY SERVICES.
§30-18-1. Definitions.
For the purposes of this article, except where the context
clearly requires otherwise, the following terms shall have the
meanings ascribed to them:
(1) (a) "Applicant" means a person who files a completed
application as required by sections three and six of this article
to be licensed to conduct a private investigation business or a
security guard business. When a person other than a natural person
is applying for a license, the applicant shall be the person whose
qualifications are presented to meet the experience or education
requirements of
sections section two or five of this article.
(2) (b) "Private investigation business" means the business of
doing an investigation or investigations, for hire, reward or any
other type of remuneration, to obtain information about:
(A) (1) A crime which is alleged to have occurred or is
threatened to occur;
(B) (2) The habits, activities, conduct, movements, location,
associations, transactions, reputation or character of any person;
(C) (3) The credibility of witnesses or other persons;
(D) (4) The location or recovery of lost or stolen property;
(E) (5) The causes or origins of any fire, accident or injury to any property, real or personal, or to identify or locate any
person or persons responsible for any such fire, accident or
injury;
(F) (6) The truth or falsity of any statement or
representation, whether written or oral, or of any type of
depiction;
(G) (7) Any matters which constitute evidence or which may
lead to the discovery of evidence to be used before any judicial or
quasijudicial tribunal, including, but not limited to, civil or
criminal courts, administrative agencies, investigating committees,
or boards of award or arbitration;
(H) (8) The whereabouts of any missing or kidnapped person;
(I) (9) The affiliation, connection or relationship of any
person with any corporation or other business entity, union,
organization, society or association, or with any official, member
or representative thereof;
(J) (10) Any person or persons seeking employment in the place
of any employee or employees who have quit work by reason of any
strike; or
(K) (11) The conduct, honesty, efficiency, loyalty or
activities of employees, agents, contractors and subcontractors.
(3) (c) "Firm license" means the license held by a person whom
the Secretary of State has authorized to operate a private
detective investigative firm or security guard firm after such
person has filed and completed an application pursuant to the application requirements contained in
sections section three or six
and has satisfied the eligibility requirements contained in
sections twp or five.
(4) (d) "Person" means a natural person, a group of persons or
individuals acting individually or as a group, a corporation,
company, partnership, association, society, firm, or any business
organization or entity organized or existing under the laws of this
or any other state or country;
(5) (A) (e) (1) "Private detective" or "private investigator"
means a person who is licensed pursuant to
the provisions of this
article to conduct a private investigation business, as defined in
subdivision (2) subsection (b) of this section, and who conducts
such business individually and independently from any private
detective or investigative firm;
(B) (2)"Private detective" or "private investigator" does not
include:
(i) (A) Any individual while acting as an adjuster for an
insurance company or companies;
(ii) (B) Individuals employed exclusively and regularly by
only one employer in connection with the affairs of such employer
only;
(iii) (C) An officer or employee of the United States, or any
law-enforcement officer of this state or any political subdivision
thereof, while such officer or employee is engaged in the
performance of his
or her official duties or while working for a private employer in his
or her off-duty hours;
(iv) (D) Attorneys or counselors-at-law or any employee or
representative of such attorney or counselor;
(v) (E) Any corporation duly authorized by this state to
operate central burglar or fire alarm protection business; or
(vi) (F) Any investigator of crime appointed by a prosecuting
attorney of a county pursuant to
the provisions of section two,
article four, chapter seven of this code.
(6) (G) "Private detective or investigative firm" means any
private detective agency or business or any investigative agency or
business that is operated by a licensed private detective or
investigator and which employs one or more other persons who
actually conduct the private investigation business as defined in
subdivision (2) subsection (b) of this section.
(7) (A) (f) "Security guard" means a person who is licensed
pursuant to
the provisions of this article to conduct a security
guard business, as defined in
subdivision (8) subsection (h) of
this section, and who conducts such business individually and
independently from a security guard firm.
(B) (g) "Security guard" does not include a person who is
employed exclusively and regularly by only one employer in
connection with the affairs of such employer only, or a person who
is otherwise hereinafter excluded from the requirements of this
article;
(8) (A) (h) (1) "Security guard business" means the business of furnishing, for hire, reward or other remuneration, watchmen,
guards, bodyguards, private patrolmen or other persons, to:
(i) (A) Protect property, real or personal, or any person;
(ii) (B) To prevent theft, unlawful taking, misappropriation
or concealment of goods, wares or merchandise, money, bonds,
stocks, notes or other valuable documents, papers and articles of
value; or
(iii) (C) To furnish for hire, guard dogs or armored motor
vehicle security services, in connection with the protection of
persons or property;
(B) (2) "Security guard business" does not include any
activities or duties for which it is necessary to be trained and
certified as a law-enforcement officer in accordance with
the
provisions of article twenty-nine, chapter thirty of this code.
(9) (i) "Security guard firm" means any security guard agency
or business that is operated by a licensed security guard and which
employs one or more other persons who actually conduct a security
guard business as defined in
subdivision (8) subsection (i) of this
section.
§30-18-3. Application requirements for a license to conduct the
private investigation business.
(a) To be licensed to be a private detective
or a private
investigator or to operate a private detective or investigative
firm, each applicant shall complete and file a written application,
under oath, with the Secretary of State
and in such on a form as the secretary may prescribe.
(b) On the application, each applicant shall provide the
following information: The applicant's name, birth date,
citizenship, physical description, military service, current
residence, residences for the preceding seven years, qualifying
education or experience, the location of each of his or her offices
in this state and any other information requested by the Secretary
of State in order to comply with the requirements of this article.
(c) In the case of a corporation
or other business entity that
is seeking a firm license, the application
shall is to be signed by
the president
or comparable authorized officer, and verified by the
secretary or treasurer of
the such corporation
or comparable
authorized officer and
shall is to specify the name of the
corporation
or other business entity, the date and place of its
incorporation formation, the names and titles of all officers, the
location of its principal place of business, and the name of the
city, town or village, stating the street and number,
and otherwise
such or an apt description as will reasonably indicate the
location. If the
corporation has been incorporated business entity
was formed in a state other than West Virginia, a certificate of
good standing from the state of
incorporation formation must
accompany the application. This information must be provided in
addition to that required to be provided by the applicant.
(d)
(1) To qualify for an individual license, the The
applicant shall provide:
(1) (A) Information in the application about whether the
applicant has ever been arrested for or convicted of any crime
or
wrongs, either done or threatened, against the government of the
United States;
(2) (B) Information about offenses
by the applicant against
the laws of West Virginia or any state; and
(3) (C) Any facts as may be required by the Secretary of State
to show the good character, competency and integrity of the
applicant.
(2) To qualify for a firm license, the applicant shall provide
such information for each person who will be authorized to conduct
the private investigation business and for each officer, member or
partner of the firm.
(e) As part of the application, each applicant shall give the
Secretary of State permission to
review the records held by the
division of public safety conduct a criminal records check through
the Criminal Identification Bureau of the West Virginia State
Police and a national criminal history check through the Federal
Bureau of Investigation for any convictions that may be on record
for the applicant.
A federal security officer, or a person who has
undergone a federal security training program and who has passed a
federal (FBI) criminal background check is otherwise exempt from
the requirements of this subsection.
(f) For each applicant for a license and for each officer,
member and partner of the firm applying for a license, the application shall be accompanied by
one recent full-face
photographs and one complete set of the person's fingerprints one
set of classifiable fingerprints on an applicant fingerprint card
and two recent head and shoulders color photographs of the
applicant of acceptable quality for identification, at least one
inch by one inch in size. A federal officer, or a person who has
completed a federal security training program, and who has passed
a federal (FBI) criminal background check is otherwise exempt from
the requirements of this subsection.
(g) For each applicant, the application
shall is to be
accompanied by:
(1) Character references from at least five reputable
citizens. Each reference must have known the applicant for at
least five years preceding the application. No reference may be
connected to the applicant by blood or marriage. All references
must have been written for the purpose of the application for a
license to conduct the private investigation business.
A federal
officer, or a person who has completed a federal security training
program, and who has passed a federal (FBI) criminal background
check is otherwise exempt from the requirements of this
subdivision;
(2) A written statement of standards of professional conduct,
to be furnished by the Secretary of State with the application
form, signed by the applicant;
(2) (3) A non-refundable application processing service charge of fifty dollars, which shall be payable to the Secretary of State
to offset the cost of license review and criminal investigation
background report from the department of public safety, along with
a license fee of one hundred dollars if the applicant is an
individual, or two hundred dollars if the applicant is a firm, or
five hundred dollars if the applicant is a non-resident of West
Virginia or a foreign corporation or business entity. The license
fee shall be deposited to the General Revenue Fund, and shall be
refunded only if the license is denied. The applicable license fee
and the nonrefundable processing service charge provided in section
thirteen of this article; and
(3) (4) For an annual application for renewal of one or more
licenses filed after the license expiration date, the late
application fee provided in section thirteen of this article.
(h) All applicants for private detective or private
investigator licenses or for private investigation firm licenses
shall file in the office of Secretary of State a surety bond.
Such
The bond
shall must:
(1) Be in the sum of $2,500 and conditioned upon the faithful
and honest conduct of
such the business by
such the applicant;
(2) Be written by a company recognized and approved by the
Insurance Commissioner of West Virginia and approved by the
Attorney General of West Virginia with respect to its form;
and
(3) Be in favor of the State of West Virginia for any person
who is damaged by any violation of this article. The bond must also be in favor of any person damaged by
such a violation
of this
article.
(i) Any person claiming against the bond required by
subsection (h) of this section for a violation of this article may
maintain an action at law against any licensed individual or firm
and against the surety. The surety
shall be is liable only for
damages awarded under section twelve of this article and not the
punitive damages permitted under that section. The aggregate
liability of the surety to all persons damaged by a person or firm
licensed under this article may not exceed the amount of the bond.
(j) The Secretary of State shall issue an identification card
bearing the licensee's photograph, name and license number assigned
in accordance with section seven-a of this article and the date the
license expires. The licensee shall carry a valid license card at
all times he or she is engaged in activities within the scope of
his or her employment. Upon loss of the license card, the licensee
shall immediately order a replacement card and pay the fee for a
replacement card specified in section thirteen of this article.
§30-18-4. Requirements for employees conducting the private
investigative business under a firm license.
(a)
For the purposes of this article, a "representative" of a
private detective or private investigative firm is any person who
conducts the investigative business of the firm or who acts as an
investigator under the auspices of the firm, regardless of whether
that person receives compensation for his or her acts.
(b) Any person who
has holds a private detective firm or
investigative firm license shall;
(1)
be responsible for supervising any employee or other
individual who conducts the private investigation business under
the authority of such person's firm license, regardless of whether
such employee or other individual receives compensation for
conducting such business. Such supervision shall include providing
Supervise any representative, as defined in subsection (a) of this
section;
(2) Provide any education or training that is reasonably
necessary to ensure compliance with the requirements of this
article
or which is required for registration of the representative
as required by this section; and
(3) Submit on a form prescribed by the Secretary of State an
application for registration of each representative of the
licensee. A firm licensed on July 1, 2009, must file its initial
application(s) for representative registration with the firm's next
license renewal application. However, no firm license will expire
solely by reason of the licensee's failure to file a timely
representative registration application if the licensee files the
registration application within ninety days after its license is
renewed. The application for registration of any representative
who begins work after July 1, 2009, is to be submitted within ten
working days of the representative's first day of work.
(c) Each application for registration under this section must:
(1) State the representative's name, residence address, birth
date, social security number, first date of service as a
representative of the applying firm, and the name and address of
the employer legally responsible for employment of the person;
(2) Indicate whether the representative holds a valid current
registration under this section as an employee of another firm and
whether the application for registration is a transfer or
concurrent registration;
(3) Affirm that the representative has previously received a
minimum of four hours of training through a program approved by the
Secretary of State, or affirm that the representative is a federal
officer or has previously completed a federal security training
program. The Secretary of State may provide the necessary state
training, in which case all fees associated with the training shall
be paid to the Secretary of State;
(4) Be signed and dated by the license holder of the applying
firm;
(5) Be accompanied by one set of classifiable fingerprints on
an applicant fingerprint card and two recent head and shoulders
color photographs of the representative of acceptable quality for
identification, at least one inch by one inch in size;
(6) Be accompanied by a statement, signed by the
representative, indicating whether he or she has ever been arrested
for or convicted of any crime against the laws of the United
States, of the State of West Virginia or of any other state;
(7) Be accompanied by a statement, signed by the license
holder, that the representative has presented proof of identity by
displaying for the license holder a valid photographic
identification issued by a recognized state or federal government
agency, such as a driver's license or passport;
(8) Be accompanied by a written statement of standards of
professional conduct, to be furnished by the Secretary of State
with the application form, signed by the representative;
(9) Be accompanied by the fee required by section thirteen of
this article.
(d) The applicant shall retain a copy of the application and
shall give a copy to each representative. The representative's
copy will serve as a temporary registration card for up to sixty
days. The temporary registration is valid only if the application
for registration was received by the Secretary of State within ten
working days after the date on which the representative began work.
(b) (e) Any
employee or individual representative who conducts
the private investigation business under the authority of a private
detective or investigative firm license shall:
(1) Satisfy the requirements of section two of this article,
except that
such person the representative need not satisfy the
education and training requirements contained in subdivision (7),
subsection (a), section two
of this article; and
(2) Authorize the Secretary of State to
review the records
held by the division of public safety conduct a criminal records check through the criminal identification bureau of the West
Virginia State Police and a national criminal history check through
the Federal Bureau of Investigation for any convictions that may be
on record for
such employee or individual the representative. A
representative who is a federal officer, or a representative who
has completed a federal security training program, and who has
passed a federal (FBI) criminal background check is otherwise
exempt from the requirements of this subdivision.
(c) (f) A holder of a private detective or investigative firm
license is prohibited from authorizing any
individual or employee
representative to conduct
a private any investigative business
of
the firm if
such individual the representative does not comply with
the requirements of this section.
(d) For every employee or individual who conducts the business
of private investigation under the authority of a security guard
firm license, the holder of such license must maintain a recent
full-face photograph and one complete set of fingerprints on file
at such firm's central business location in this state. Upon
request, the holder of the firm license must release the
photographs and fingerprints to the Secretary of State.
(g) The Secretary of State shall issue an identification card
bearing the representative's photograph, name and registration
number assigned in accordance with section seven-a of this article
and the date on which the registration expires. The representative
shall carry a valid registration card at all times he or she is engaged in activities within the scope of his or her employment.
Upon loss of the registration card, the registrant shall
immediately order a replacement card and pay the fee for a
replacement card specified in section thirteen.
(h) A representative who transfers employment or whose
services are supplied to another licensed private investigative
agency at any time during the duration of the two-year registration
period shall submit a transfer of registration or a concurrent
registration which is to be in effect for the remainder of the
registration period. The request for transfer or concurrent
registration must be made on a form prescribed by the Secretary of
State and is to be accompanied by the fee prescribed in section
thirteen of this article. In the event of concurrent registration,
the representative shall carry the registration card of the
licensee for which the representative is acting at that time.
§30-18-4a. Temporary permit for private investigator licensed in
another state.
A nonresident person who holds a valid private investigator
license in another state and who is currently in good standing with
that state may apply for a temporary permit to conduct private
investigation activities within this state if the investigative
activities originated in the state of licensure. The application
is to be made on forms prescribed by the Secretary of State and
accompanied by proof that the standards of licensure in the other
state are at least substantially equivalent to the licensure requirements in this state, certification that the applicant holds
a valid current license in the other state, and the fee established
in section thirteen of this article. The Secretary of State may,
at his or her discretion, issue the nonrenewable temporary license
for a period not to exceed thirty days. It is the duty of the
applicant to comply with any business registration requirements of
this state.
§30-18-5. Eligibility requirements to be licensed to conduct
security guard business
.
(a) In order to be eligible for any license to conduct
security guard business, an applicant shall:
(1) Be at least eighteen years of age;
(2) Be a citizen of the United states or an alien who is
legally residing within the United States;
(3) Not have had any previous license to conduct security
guard business or to conduct the private investigation business
revoked or any application for any such licenses or registrations
denied by the appropriate governmental authority in this or any
other state or territory;
(4) Not have been declared incompetent by reason of mental
defect or disease by any court of competent jurisdiction unless
said court has subsequently determined that the applicant's
competency has been restored;
(5) Not suffer from habitual drunkenness or from narcotics
addiction or dependence;
(6) Be of good moral character;
(7) Have had at least one year verified, full time employment
conducting security guard business or conducting the private
investigation business working for a licensed firm or have one year
of substantially equivalent training or experience;
(8) Not have been convicted of a felony in this state or any
other state or territory;
(9) Not have been convicted of any of the following:
(A) Illegally using, carrying or possessing a pistol or other
dangerous weapon;
(B) Making or possessing burglar's instruments;
(C) Buying or receiving stolen property;
(D) Entering a building unlawfully;
(E) Aiding an inmate's escape from prison;
(F) Possessing or distributing illicit drugs;
(G) Any misdemeanor involving moral turpitude or for which
dishonesty of character is a necessary element; and
(10) Not having violated any provision of section eight of
this article.
(b) The provisions of This section
shall may not prevent the
issuance of a license to any person who, subsequent to his
conviction, shall have received an executive pardon therefor,
removing this disability.
§30-18-6. Application requirements for a license to conduct
security guard business.
(a) To be licensed as a security guard or to operate a
security guard firm, each applicant shall complete and file a
written application, under oath, with the Secretary of State
and in
such on a form as the secretary may prescribe.
(b) On the application, each applicant shall provide the
following information: The applicant's name, birth date,
citizenship, physical description, military service, current
residence, residences for the preceding seven years, qualifying
education or experience, the location of each of his or her offices
in this state and any other information requested by the Secretary
of State in order to comply with the requirements of this article.
(c) In the case of a corporation
or other business entity that
is seeking a firm license, the application
shall must be signed by
the president
or comparable authorized officer, and verified by the
secretary or treasurer of
such the corporation
or comparable
authorized officer and shall specify the name of the corporation
or
other business entity, the date and place of its
incorporation
formation, the names and titles of all officers, the location of
its principal place of business, and the name of the city, town or
village, stating the street and number,
and otherwise such or an
apt description as will reasonably indicate the location. If the
corporation has been incorporated business entity was formed in a
state other than West Virginia, a certificate of good standing from
the state of
incorporation formation must accompany the
application. This information must be provided in addition to that required to be provided by the applicant.
(d)
(1) To qualify for an individual license, The the
applicant shall provide:
(1) (A) Information in the application about whether the
applicant has ever been arrested for or convicted of any crime
or
wrongs, either done or threatened, against the government of the
United States;
(2) (B) Information about offenses
by the applicant against
the laws of West Virginia or any state; and
(3) (C) Any facts as may be required by the Secretary of State
to show the good character, competency and integrity of the
applicant.
(2) To qualify for a firm license, the applicant shall provide
such information for each person who would be authorized to conduct
security guard business under the applicant's firm license and for
each officer, member or partner in the firm.
(e) As part of the application, each applicant shall give the
Secretary of State permission to
review the records held by the
department of public safety conduct a criminal records check
through the criminal identification bureau of the West Virginia
State Police and a national criminal history check through the
Federal Bureau of Investigation for any convictions that may be on
record for the applicant.
A federal officer, or a person who has
completed a federal security training program, and who has passed
a federal (FBI) criminal background check is otherwise exempt from the requirements of this subsection; and
(f) For each applicant for a license and for each officer,
member and partner of the firm applying for a license, the
application shall be accompanied by
one recent full-face photograph
and one complete set of the person's fingerprints one set of
classifiable fingerprints on an applicant fingerprint card and two
recent head and shoulders color photographs of the applicant of
acceptable quality for identification, at least one inch by one
inch in size.
(g) For each applicant, the application
shall is to be
accompanied by:
(1) Character references from at least five reputable
citizens. Each reference must have known the applicant for at
least five years preceding the application. No reference may be
connected to the applicant by blood or marriage. All references
must have been written for the purpose of the application for a
license to conduct security guard business.
A federal officer, or
a person who has completed a federal security training program, and
who has passed a federal (FBI) criminal background check is
otherwise exempt from the requirements of this subdivision; and
(2) A written statement of standards of professional conduct,
to be furnished by the Secretary of State with the application
form, signed by the applicant;
(2) A non-refundable application processing service charge of
fifty dollars, which shall be payable to the Secretary of State to offset the cost of license review and criminal investigation
background report from the department of public safety, along with
a license fee of one hundred dollars if the applicant is an
individual, or two hundred dollars if the applicant is a firm, or
five hundred dollars if the applicant is a non-resident of West
Virginia or a foreign corporation or business entity. The license
fee shall be deposited to the General Revenue Fund, and shall be
refunded only if the license is denied.
(3) The applicable license fee and nonrefundable processing
service charge provided by section thirteen of this article; and
(4) For an annual application for renewal of one or more
licenses filed after the license expiration date, an additional
late application fee as provided in section thirteen of this
article.
(h) All applicants for security guard licenses or security
guard firm licenses shall file in the office of Secretary of State
a surety bond.
Such The bond
shall must:
(1) Be in the sum of
two thousand five hundred dollars $20,000
and conditioned upon the faithful and honest conduct of
such the
business by
such the applicant;
(2) Be written by a company recognized and approved by the
Insurance Commissioner of West Virginia and approved by the
Attorney General of West Virginia with respect to its form;
(3) Be in favor of the State of West Virginia for any person
who is damaged by any violation of this article. The bond must also be in favor of any person damaged by
such a violation
of this
article.
(i) Any person claiming against the bond required by
subsection (h) of this section for a violation of this article may
maintain an action at law against any licensed individual or firm
and against the surety. The surety
shall be is liable only for
damages awarded under section twelve of this article and not the
punitive damages permitted under that section. The aggregate
liability of the surety to all persons damaged by a person or firm
licensed under this article may not exceed the amount of the bond.
(j) The Secretary of State shall issue an identification card
bearing the licensee's photograph, name and license number assigned
in accordance with section seven-a of this article and the date on
which the license expires. The licensee shall carry a valid
license card at all times during the scope of employment, and
present that card upon the request of any person. Upon loss of the
license card, the licensee shall immediately order a replacement
card and pay the fee for a replacement card specified in section
thirteen of this article.
§30-18-7. Requirements for employees conducting
security guard
business under a firm license.
(a) For the purposes of this article, a "representative" of a
security guard firm is any person who conducts the security
business of the firm or who acts as a security guard under the
auspices or in the uniform of the firm, regardless of whether that person receives compensation for his or her acts.
(a) (b) Any person who
has holds a security guard firm
license shall:
(1) be responsible for supervising Supervise any
employee
representative, as defined in subsection (a) of this section; or
other individual who conducts security guard business under the
authority of such person's firm license, regardless of whether such
employee or other individual receives compensation for conducting
such business. Such supervision shall include providing
(2) Provide any education or training that is reasonably
necessary to ensure compliance with the requirements of this
article
or which is required for registration of the representative
as required by this section; and
(3) Submit on a form prescribed by the Secretary of State, an
application for registration of each representative of the
licensee. Any firm licensed on July 1, 2009, must file its
representative registration application(s) with the firm's license
renewal application prior to the next expiration of the firm
license. However, no firm license will expire solely by reason of
the licensee's failure to file a timely representative registration
application if the licensee files the registration application
within ninety days after its license is renewed. The application
for registration of any new representative who begins work after
July 1, 2009, must be submitted within ten working days after the
representative's first day of work.
(c) Each application for registration under this section must:
(1) State the representative's name, residence address, birth
date, social security number, first date of service as a
representative of the applying firm and the name and address of the
employer legally responsible for employment of the person;
(2) Indicate whether the representative holds a valid current
registration under this section as an employee of another firm and
whether the application for registration is a transfer or
concurrent registration;
(3) Affirm that the representative has previously received a
minimum of four hours of training through a program approved by the
Secretary of State, or affirm that the representative is a federal
officer or has completed a federal security training program. The
Secretary of State may provide and charge a fee for such state
training.
(4) Be signed and dated by the license holder of the applying
firm;
(5) Be accompanied by one set of classifiable fingerprints on
an applicant fingerprint card, two recent head and shoulders color
photographs of the representative of acceptable quality for
identification, at least one inch by one inch in size; and
(6) Be accompanied by a statement, signed by the
representative, indicating whether he or she has ever been arrested
for or convicted of any crime against the laws of the United
States, of the State of West Virginia or of any other state;
(7) Be accompanied by a statement, signed by the license
holder, that the representative has presented proof of identity by
displaying for the license holder a valid photographic
identification issued by a recognized government agency, such as a
driver's license or passport;
(8) Be accompanied by a written statement of standards of
professional conduct, provided by the Secretary of State with the
application form, signed by the representative;
(9) Be accompanied by the appropriate fee required in section
thirteen of this article.
(d) The applying firm shall retain a copy of the application
and shall give each representative a copy. The representative's
copy will serve as a temporary registration card for sixty days.
The temporary registration is valid only if the application for
registration was received by the Secretary of State within ten
working days after the representative began work.
(b) (e) Any
employee or individual representative who conducts
security guard business under the authority of a firm license
shall:
(1) Satisfy the requirements of section five of this article,
except that
such the person need not satisfy the prior employment
requirements contained in subdivision (7),
subsection (a) of
section five;
and
(2) (f) Authorize A representative who conducts security guard
business under authority of a firm license and whose job duties require him or her to carry a weapon or to provide security
services for public or government buildings, airports or schools
shall authorize the Secretary of State to
review the records held
by the division of public safety conduct a criminal records check
through the criminal identification bureau of the West Virginia
State Police and a national criminal history check through the
Federal Bureau of Investigation for any convictions that may be on
record for
such employee or individual the representative. A
representative who is a federal officer or has completed a federal
security training program and passed a federal (FBI) criminal
background check is otherwise exempt from this subsection.
(c) (g) A holder of a security guard firm license is
prohibited from authorizing any individual or employee to conduct
any investigative or security guard business
of the firm if
such
the individual does not comply with the requirements of this
section.
(d) For every employee or individual who conducts security
guard business under the authority of a security guard firm
license, the holder of such license must maintain a recent full-
face photograph and one complete set of fingerprints on file at
such firm's central business location in this state. Upon request,
the holder of the firm license must release the photographs and
fingerprints to the Secretary of State.
(h) Any representative who conducts security guard business
under authority of a firm license and who is required to undergo the criminal records check pursuant to subsection (f), or who is
exempt from such requirement as a federal officer or a person who
has completed a federal security training program and passed a
federal(FBI)criminal background check shall be registered as a
Class I representative. Any other representative who conducts
security guard business under the authority of a firm license shall
be registered as a Class II representative.
(i) The Secretary of State shall issue an identification card
bearing the representative's photograph, name, class number,
registration number assigned in accordance with section seven-a of
this article and the date on which the registration expires. The
representative shall carry a valid registration card at all times
during the scope of employment, and present that card upon the
request of any person. Upon loss of the registration card, the
representative shall immediately order and pay the fee for a
replacement card specified in section thirteen.
(j) A representative who transfers employment or whose
services are supplied to another licensed security guard agency at
any time during the two-year registration period shall submit a
transfer of registration or a concurrent registration which is to
be in effect for the remainder of the registration period. The
request for transfer or concurrent registration must be made on a
form prescribed by the Secretary of State and is to be accompanied
by the appropriate fee prescribed in section thirteen of this
article. In the event of a concurrent registration, the representative shall carry the registration card of the licensee
for which the representative is acting at that time.
§30-18-7a. Assignment of license number and registration number.
The Secretary of State shall assign a unique number to each
licensee and representative upon approval of an application for
license or registration. It is the duty of each licensee or
representative to refer to his or her license or registration
number in all written documents used in the course of the private
investigation or security guard business. An individual or entity
who holds a valid license on July 1, 2009, shall be issued a
license number the next time the license is renewed thereafter.
§30-18-8. Prohibitions.
(a)
No A person
shall may not engage in the private
investigation business or security guard business without having
first obtained from the Secretary of State a license to conduct
such that business.
(b) An unlicensed person may not conduct any private
investigation business or security guard business on behalf of a
person, firm or agency holding a firm license without having first
been registered with the office of the Secretary of State in
accordance with sections four and seven of this article.
(b) (c) All licensed persons Any licensee or registered
representative, including
a private
detectives detective, private
investigators investigator, security
guards guard, private
detective or investigative
firms firm and security guard
firms firm, are is prohibited from transferring
their licenses his, her
or its license or representative registration to an unlicensed
or
unregistered person, firm or agency. This prohibition includes
contracting or subcontracting with an unlicensed
or unregistered
person, firm or agency to conduct the private investigation
business or security guard business.
(c) (d) It is unlawful for any person subject to
the
provisions of this article to knowingly commit any of the
following:
(1) Employ any individual to perform the duties of an employee
who has not first complied with
all provisions of this article and
the adopted
regulations rules;
(2) Falsely represent that a person is the holder of a valid
license
or representative registration;
(3) Make a false report with respect to any matter with which
he or she is employed;
(4) Divulge any information acquired from or for a client to
persons other than the client or his or her authorized agent
without express authorization to do so or unless required by law;
(5) Accept employment which includes obtaining information
intended for illegal purposes;
(6) Authorize or permit another person to violate
any
provision of this article or any rule of the Secretary of State
adopted for this article.
§30-18-9. Renewal of license.
(a) A license granted under
the provisions of this article
shall be in effect for one year from the date the certificate of
license is issued and may be renewed for a period of one year by
the Secretary of State upon application, in
such a form as the
secretary may prescribe,
and upon payment of the
appropriate fee
required by section thirteen of this article and
upon the filing of
the surety bond
required by sections three and six of this article.
(b) A registration granted under this article shall be in
effect for two years from the date the certificate of registration
is issued and may be renewed for a period of two years by the
Secretary of State upon application, in a form as the secretary may
prescribe, and upon payment of the appropriate fee required by
section thirteen of this article.
(c) At the time of applying Upon receipt of an application for
renewal of a license
or registration, the Secretary of State may
require any person to provide additional information to reflect any
changes in the original application or any previous renewal.
§30-18-10. Authority of Secretary of State.
(a) When the Secretary of State shall be satisfied as to the
good character, competency and integrity of an applicant, of all
employees or individuals representatives conducting the private
investigation business or security guard services under a firm
license and, if the applicant is a firm
or other business entity,
of each member, officer or partner, he
or she shall issue and
deliver to such applicant a certificate of license. Each license issued shall be for a period of one year and shall be revocable at
all times for cause shown pursuant to subsection (b) of this
section or any rules promulgated pursuant thereto.
(b) The Secretary of State shall have the authority to propose
for promulgation in accordance with
the provisions of chapter
twenty-nine-a of this code such legislative rules as may be
necessary for the administration and enforcement of this article
and for the issuance, suspension and revocation of licenses issued
under
the provisions of this article. The Secretary of State shall
afford any applicant an opportunity to be heard in person or by
counsel when a determination is made to deny, revoke or suspend any
such applicant's license or application for license, including a
renewal of a license. Such applicant shall have fifteen days from
the date of receiving written notice of the Secretary of State's
adverse determination to request a hearing on the matter of denial,
suspension or revocation. The action of the Secretary of State in
granting, renewing or in refusing to grant or to renew, a license,
shall be subject to review by the Circuit Court of Kanawha County
or other court of competent jurisdiction.
(c) At any hearing before the Secretary of State to challenge
an adverse determination by the Secretary of State on the matter of
a denial, suspension or revocation of a license, if the adverse
determination is based upon a conviction for a crime which would
bar licensure under
the provisions of this article, the hearing
shall be an identity hearing only, and the sole issue which may be contested is whether the person whose application is denied or
whose license is suspended or revoked is the same person convicted
of the crime.
30-18-11. Penalties.
(a) Any person, licensed or unlicensed, who
shall violate
violates any of the provisions of this article is guilty of a
misdemeanor and, upon conviction, shall be fined not less than $100
nor more than $5,000 or be confined in jail for not more than one
year, or both
fined and confined.
(b) In the case of a violation of subsection (a)
or (b) of
section eight of this article, a fine shall be assessed for each
day that
an the individual conducted the private investigation
business or security guard business
without license or
registration. In the case of a firm license, the fine shall be
based on each day that such services were provided multiplied by
the number of unauthorized persons providing such services.
(c) In addition to penalties provided in subsections (a) and
(b) of this section, the Secretary of State may charge any person
who violates subsection (a) or (b) of section eight of this article
a monetary penalty.
§30-18-13. Licensing and registration fees and service charges.
All fees collected hereunder by the Secretary of State shall
be paid to the treasurer of the state and deposited in the General
Revenue Fund.
(a) Each West Virginia resident or West Virginia domestic corporation, limited liability company or other business entity
which applies for a license under this article shall pay a
nonrefundable processing service charge of $50 and a licensing fee
according to the following schedule:
(1) $100 for a private investigator license for one
individual.
(2) $200 for a private investigator license for one firm.
(3) $100 for a security guard license for one individual.
(4) $200 for a security guard license for one firm.
(5) For any combination of license types or individual and
firms licenses combined, the sum of each of the applicable license
fees.
(b) Each out-of-state resident or foreign corporation, limited
liability company or other business entity which applies for a
license under this article shall pay a nonrefundable processing
service charge of $50 and a licensing fee according to the
following schedule:
(1) $500 for a private investigator license for one individual
or one firm.
(2) $500 for a security guard license for one individual or
one firm.
(3) For any combination of license types or individual and
firms combined, the sum of each of the applicable license fees.
(4) $50 for a thirty day temporary private investigator permit
for one individual.
(c) Each applicant for renewal of a license received by the
Secretary of State after the expiration of the previous license
shall pay a late fee of $50 for each whole or partial month the
application is late.
(d) Each initial application for registration as a
representative of a licensed private investigative or as a Class I
representative of a security guard firm shall be accompanied by a
nonrefundable processing service charge of $60.
(e) Each initial application for registration as a Class II
representative of a security guard firm shall be accompanied by a
non-refundable processing service charge of $15.
(f) Each application for renewal of registration for a
representative of a licensed private investigative or a Class I
representative of a security guard firm shall be accompanied by a
nonrefundable processing service charge of $30.
(g) Each application for renewal of registration for a
representative of a Class II representative of a security guard
firm shall be accompanied by a nonrefundable processing service
charge of $15.
(h) Each application for transfer of the registration of a
representative from one firm to another or for concurrent
registration at any additional firm during the two-year
registration period shall be accompanied by a fee of $15.
(i) Each applicant for renewal of a registration received by
the Secretary of State after the expiration of the previous registration shall pay a late fee of $10 for each whole or partial
month the application is late.
(j) Each applicant for a replacement license card or
registration card shall pay a service charge of $10.
(k) Initial representative registration fees, representative
registration renewal fees, representative registration transfer
fees and representative registration concurrent fees collected by
the Secretary of State pursuant to this article shall be deposited
in the service fees and collections account established by section
two, article ten, chapter fifty-nine of this code for the operation
of the office of the Secretary of State. All other fees and moneys
collected by the Secretary of State pursuant to this article shall
be deposited as follows: Fifty percent shall be deposited in the
state fund, general revenue and fifty percent shall be deposited in
the service fees and collections account established by section
two, article ten, chapter fifty-nine of this code for the operation
of the office of the Secretary of State
§30-18-14. Inactive License.
(a) The Secretary of State shall transfer any licensee in good
standing to inactive status for a period of one year upon receipt
of an application, on a form provided by the Secretary of State and
completed by the licensee and upon payment of an inactive status
fee of $25. A licensee may renew the transfer to inactive status
every year by completing and filing with the Secretary of State
another application and paying a fee of $25.
(b) The Secretary of State may waive the inactive status fee
upon receipt of proof that the licensee is on active duty with the
military. Within thirty days after leaving active duty with the
military, the licensee must notify the Secretary of State of the
change and pay the $25 fee to remain on inactive status.
NOTE: The purpose of this bill is to strengthen enforcement in
the private investigating and security guard field by revising the
current law governing the licensing of private investigators and
security guards. It modifies the licensing of private
investigators and security guards, with exceptions for federal
officers, provides for the registration of private investigative
and security guard employees, and provides penalties for late
registration and fees and charges for services of the Secretary of
State.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.