Senate Bill No. 518
(By Senators Hunter and Caldwell)
____________
[Introduced March 19, 2001; referred to the Committee on the
Judiciary; and then to the Committee on Finance.]
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A BILL to amend and reenact sections three, four, six, seven and
nine, article eighteen, chapter thirty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended;
and to further amend said article by adding thereto two new
sections, designated sections four-a and fourteen, all
relating to the licensing of private investigators and
security guards; registration of security guard employees;
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 sections three, four, six, seven and nine, article
eighteen, chapter thirty of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, be amended and reenacted; and that said article be further amended by adding thereto two new
sections, designated sections four-a and fourteen, all to read as
follows:
ARTICLE 18. PRIVATE INVESTIGATIVE AND SECURITY SERVICES.
§30-18-3. Application requirements for a license to conduct the
private investigation business.
(a) To be licensed to be a private detective, 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 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 be signed by the
president or comparable authorized officer, and verified by the
secretary or treasurer of such corporation or comparable 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 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) The applicant shall provide:
(1) 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) Information about offenses against the laws of West
Virginia or any state; and
(3) Any facts as may be required by the secretary of state to
show the good character, competency and integrity of the applicant.
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 West Virginia state police for any
convictions that may be on record for the applicant.
(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, 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 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; and
(2) A nonrefundable 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 nonresident 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 nonrefundable processing service charge as provided by section
fourteen of this article; and
(3) For an annual application for renewal of one or more
licenses, if the application is filed after the license expiration
date, an additional late application fee as provided in section
fourteen 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 bond shall:
(1) Be in the sum of two thousand five hundred twenty thousand
dollars and conditioned upon the faithful and honest conduct of
such business by such 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.
(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 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 photograph, name and expiration date of each licensee.
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 specified in section fourteen.
§30-18-4. Requirements for employees conducting the private
investigation 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, whether or not that
person receives compensation for conducting such business.
(a) (b) Any person who has holds a private detective firm or
investigative firm license shall:
(1) be responsible for supervising any employee Supervise any
representative, as defined in subsection (a) of this section; 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
any education or training that is reasonably necessary to ensure
compliance with the requirements of this article.
(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. The
application for registration for any representative acting under
the auspices of the firm on any day during the month of July, two
thousand one, shall be submitted no later than the first day of
September, two thousand one. The application for registration of
any new representative who begins work after the first day of July,
two thousand one, shall be submitted within five days of the first
day of work by that representative.
(c) Each application for registration under this section
shall:
(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 employee 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;
(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 applicant of acceptable quality for
identification, at least one inch by one inch in size; and
(6) Be accompanied by the fee required in section fourteen of
this article.
(d) The applying firm shall give each applicant for
registration a copy of the application and shall retain a copy. The
applicant's copy will serve as a temporary registration card until
the permanent registration card is issued. The temporary
registration shall be valid only if the application for
registration is received by the secretary of state within five days
of the date the application was signed.
(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 need not satisfy the education and training
requirements contained in subdivision (7) of section two; and
(2) Authorize the secretary of state to review the records
held by the division of public safety West Virginia state police
for any convictions that may be on record for such employee or
individual representative.
(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 investigation any investigative
business of the firm if such individual 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 private detective
or investigative 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 photograph, name and expiration date of each
registrant. The registrant 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 registrant shall immediately order a replacement card and
pay the fee for a replacement card specified in section thirteen.
§30-18-4a. Temporary permit for private investigator licensed in
another state.
A nonresident person who holds a valid license as a private
investigator in another state may apply for a temporary permit to
conduct private investigative activities within the state. The
application shall be made on forms prescribed by the secretary of
state, and shall be accompanied by proof that the standards of
licensure are at least substantially equivalent to the requirements
of this state, certification that the applicant holds a valid
current license and the fee established in section fourteen 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 shall be the duty of the applicant to comply with
any business registration requirements of the state pertaining to
the business activity.
§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 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 be signed by
the president or comparable authorized officer, and verified by the
secretary or treasurer of such corporation or other 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 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 shall be provided in addition to
that required to be provided the applicant.
(d) The applicant shall provide:
(1) 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) Information about offenses against the laws of West
Virginia or any state; and
(3) Any facts as may be required by the secretary of state to
show the good character, competency and integrity of the applicant.
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 West Virginia state police for any
convictions that may be on record for the applicant.
(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 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 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; and
(2) A nonrefundable 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 nonresident 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 nonrefundable processing service charge as provided by section
fourteen of this article.
(3) For an annual application for renewal of one or more
licenses, if the application is filed after the license expiration
date, an additional late application fee as provided in section
fourteen 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 bond shall:
(1) Be in the sum of two thousand five hundred twenty thousand
dollars and conditioned upon the faithful and honest conduct of
such business by such 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.
(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 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 photograph, name and expiration date of each licensee.
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 fourteen.
§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, whether or not that person
receives compensation for conducting such business.
(a) (b) Any person who has holds a security guard firm license
shall:
(1) be responsible for supervising any employee Supervise any
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. The
application for registration for any representative acting under
the auspices of the firm on any day during the month of July, two
thousand one, shall be submitted no later than the first day of
September, two thousand one. The application for registration of
any new representative who begins work after the first day of July,
two thousand one, shall be submitted within five days of the first
day of work by that representative.
(c) Each application for registration under this section
shall:
(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;
(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 applicant of acceptable quality for
identification, at least one inch by one inch in size; and
(6) Be accompanied by the fee required in section fourteen of
this article.
(d) The applying firm shall give each applicant for
registration a copy of the application and shall retain a copy.
The applicant's copy will serve as a temporary registration card
until the permanent registration card is issued. The temporary registration shall be valid only if the application for
registration is received by the secretary of state within five days
of the date the application was signed.
(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 person need not satisfy the prior employment
requirements contained in subdivision (7) of section five; and
(2) Authorize the secretary of state to review the records
held by the department of public safety West Virginia state police
for any convictions that may be on record for such employee or
individual representative.
(c) (f) 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
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) A registrant who transfers employment or whose services
are supplied in a subcontracting arrangement to another licensed
security guard agency at any time during the duration of the
one-year registration period shall submit a transfer of
registration or a concurrent registration which shall be in effect
for the remainder of the registration year. The request for
transfer or concurrent registration shall be made on a form
prescribed by the secretary of state and shall be accompanied by
the fee prescribed in section fourteen of this article. The
registrant shall during the scope of employment carry and present
upon request the registration card of the security company
responsible for the security at the site where the employee
performs his or her duties.
§30-18-9. Renewal of license.
A license or registration 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 form
as the secretary may prescribe, and upon payment of the fee and the
filing of the surety bond, when required. At the time of applying
for renewal of a license, the secretary of state may require any
person to provide additional information to reflect any changes in
the original application or any previous renewal.
§30-18-14. Licensing and registration fees and service charges.
(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
nonrefundable processing service charge of fifty dollars and a
licensing fee according to the following schedule:
(1) For a private investigator
license for one individual$100.00
(2) For a private investigator
license for one firm200.00
(3) For a security guard license
for one individual100.00
(4) For a security guard license
for one firm200.00
(5) For any combination of license types or individual and
firms 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 nonrefundable processing
service charge of fifty dollars and a licensing fee according to
the following schedule:
(1) For a private investigator license
for one individual or one firm$500.00
(2) For a security guard license for
one individual or one firm500.00
(3) For any combination of license types or individual and
firms combined, the sum of each of the applicable license fees.
(4) For a thirty-day temporary private
investigator permit for one individual 50.00
(c) Each person who submits a registration as a representative
of a licensed private investigative or security guard firm and
working under the control and direction of that firm shall pay
nonrefundable processing service charge of forty dollars. Each
person who submits an application for transfer of the registration of a representative from one firm to another during the duration of
the one-year registration period, or who submits an application for
concurrent registration at any additional firm during the duration
of the one-year registration period shall pay a fee of fifteen
dollars.
(d) Each applicant for renewal of a license under sections
four-a and six of this article whose application is received by the
secretary of state after the expiration of the previous license
shall pay a late fee of fifty dollars for each whole or partial
month the application is late. Each applicant for renewal of a
registration under section seven of this article whose application
is received by the secretary of state after the expiration of the
previous license shall pay a late fee of ten dollars for each whole
or partial month the application is late.
(e) Beginning the first day of July, two thousand one, all
nonrefundable processing service charges, all service charges for
the replacement of license or registration cards, and all late
application fees paid to the secretary of state according to the
provisions of this article shall be deposited to a special revenue
account for the operation of the office of the secretary of state.
(f) All license fees paid to the secretary of state according
to the provisions of this article shall be deposited to the general revenue account of the state.
NOTE: The purpose of this bill is to enhance identity
information on private investigator and "representative"
applications and identity cards, to increase bonds for
investigators, to allow supervised "representatives" of
investigating firms, to allow temporary permits for nonresident
investigators, to provide requirements for employees of security
guard business and to increase licensing fees.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§§30-18-4a and 14 are new; therefore, strike-throughs and
underscoring have been omitted.
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