H. B. 2256

(By Mr. Speaker, Mr. Kiss, By Request)
[Introduced January 15, 1999; referred to the
Committee on Government Organization then Finance.]

A BILL to amend article eighteen, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section seven-a, relating to requiring each owner of a proprietary interest in a security guard business to be a licensed security guard and prohibiting certain conduct by security guards and security guard businesses.

Be it enacted by the Legislature of West Virginia:
That article eighteen, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section seven-a, to read as follows:
ARTICLE 18. PRIVATE INVESTIGATIVE AND SECURITY SERVICES.
§30-18-7a. Licensing of security firm owners and security guard conduct.
(a) Each owner of a proprietary interest in a security guard firm shall have and maintain a valid security guard license issued by the state.
(b) No less than fifty percent of all guards employed by a security guard firm must obtain a security guard's licence within thirty days of being hired.
(c) During the conduct of his or her duties, a security guard shall carry in plain view an identification card which identifies him or her as a security guard and names the firm by whom he or she is employed, and which displays his or her photograph, name, address, birth date and social security number.
(d) During the conduct of his or her duties, a security guard may not:
(1) Carry any weapon for which he or she is not licensed, including a nightstick, pepper spray and other like offensive paraphernalia;
(2) Placard any vehicle with a citation without first obtaining a waiver from the owner thereof;
(3) Cause a vehicle to be towed without the owner's written permission or without first posting a bond, with adequate security, to pay for the costs thereof and any damages incurred by the tow;
(4) Accuse, detain or otherwise confront a person.

NOTE: The purpose of this bill is to prevent security firms and security guards from imposing themselves upon the public in the guise of being duly constituted law-enforcement officers.

Section 7a is new; therefore, underscoring and strike-throughs have been omitted.