A BILL to amend and reenact sections three, four, six, seven, nine and thirteen, 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 a new section, designated section four-a, all relating to the licensing of private investigators and security guards, the registration of private investigative and 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, nine and thirteen, article eighteen, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; that said article be further amended by adding thereto a new section, designated section four-a, all to read as follows:
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.

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, 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 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 criminal identification bureau of the 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 photographs 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 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; and
(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. The applicable license fee and non-refundable processing service charge as provided by section thirteen 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 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 two thousand five hundred twenty thousand dollars and conditioned upon the faithful and honest conduct of such 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 photograph and name of each licensee and expiration date of each license. 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.

§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, whether or not that person receives compensation for the act.
(b) Any person who

holds a private detective firm or investigative firm license shall:
(1) be

(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, is to 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, is to be submitted within five days of the first day of work by that representative.
(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;
(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 the fee required in section thirteen of this article.
(d) The applying firm shall give each representative for registration a copy of the application and shall retain a copy. The representative's copy will serve as a temporary registration card until the permanent registration card is issued. The temporary registration is 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 the 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 department of public safety criminal identification bureau of the West Virginia state police for any convictions that may be on record for such employee or individual the 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 any investigative 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 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 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 non-resident person who holds a valid license as a private investigator in another state may apply for a temporary permit to conduct private investigation activities within the state. The application is to be made on forms prescribed by the secretary of state, and is to be accompanied by proof that the standards of licensure in the other state are at least substantially equivalent to the requirements of 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 non- renewable 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 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 on a form as the secretary may prescribe.
(b) On the application, each applicant shall provide the following information: The 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

(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 criminal identification bureau of the 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 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; and
(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. The applicable license fee and non-refundable processing service charge as provided by section thirteen 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 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 twenty thousand dollars 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 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 thirteen.

§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 the business.
(b) Any person who

holds a security guard firm license shall:
(1) be

(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, must 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, must be submitted within five days of the first day of work by that representative.
(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;
(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 the fee required in section thirteen of this article.
(d) The applying firm shall give each representative for registration a copy of the application and shall retain a copy. The representative's copy will serve as a temporary registration card until the permanent registration card is issued. The temporary registration is 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 the 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 criminal identification bureau of the West Virginia state police for any convictions that may be on record for such employee or individual the 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 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.
(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.
(h) A registrant who transfers employment or whose services are supplied in a sub-contracting 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 is to be in effect for the remainder of the registration year. 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. 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 is to be in effect for one year from the date the certificate of 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.

§30-18-13. 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 non- refundable 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 firm........200.00
(3) For a security guard license for one individual........100.00
(4) For a security guard license for one firm..............200.00
(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 non-refundable 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 firm500.00

(2) For a security guard license for one individual or one firm . . . . . . . . . . . . . . . . . . . . . . . . . . . 500.00

(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 individual50.00
(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 non-refundable 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 three 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 sections four and 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) Each applicant for a replacement license card or registration card shall pay a service charge of ten dollars.
(f) All fees and moneys collected by the secretary of state pursuant to the provisions of this article shall be deposited by the secretary of state as follows: One-half shall be deposited in the state fund, general revenue, and one-half 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.

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, the registration of private investigative and

§30-18-3, §30-18-4, §30-18-6, §30-18-7, §30-18-9 and §30-18- 13