H. B. 2788
(By Delegate Marshall)
[Introduced March 7, 2001; 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 eight new sections, designated
sections fourteen, fifteen, sixteen, seventeen, eighteen,
nineteen, twenty and twenty-one, all relating to unarmed
security guards; requiring their registration; providing for
an exemption from security guard licensing provisions; and
providing process and requirements for registration.
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 eight new sections, designated sections
fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty and twenty-one, all to read as follows:
ARTICLE 18. PRIVATE INVESTIGATIVE AND SECURITY SERVICES.
§30-18-14. Unarmed security guards.
A security guard firm may employ individuals to be unarmed
security guards. An unarmed security guard is exempt from the
requirements of section seven of this article, if:
(1) The guard is registered pursuant to sections fifteen
through twenty-one of this article; and
(2) Does not have on or about his or her person a deadly
weapon, as defined in section two, article seven, chapter sixty-one
of this code, while performing his or her duties for an employing
security guard firm.
§30-18-15. Application for unarmed security guard registration.
(a) A security guard firm or the firm's designee shall submit
and sign an application form, to be supplied by the secretary of
state, for the registration of each of its unarmed security guards
with the secretary of state. This form shall be accompanied by:
(1) One set of classifiable fingerprints on an applicant
fingerprint card;
(2) Two recent head and shoulders color photographs of the
applicant of acceptable quality for identification one inch by one
inch in size;
(3) Statements of any criminal record obtained from the
appropriate authority in each area where the applicant has resided
within the immediate preceding forty-eight months; and
(4) The applicant's nonrefundable registration fee.
(b) The security guard firm employing an applicant for
registration shall give the applicant a copy of the application and
shall retain a copy of the application in the individual's
personnel file in the firm's office.
(c) The applicant's copy of the application shall serve as a
temporary registration card which shall be carried by the applicant
when acting within the scope of his or her employment and which
shall be exhibited upon the request of any law-enforcement officer,
any duly licensed security provider or other authorized
representative of the secretary of state until a permanent
registration card is issued.
§30-18-16. Fees for unarmed security guard registration.
(a) Registration fees for unarmed security guards are:
(1) Thirty dollars nonrefundable initial registration fee;
(2) Thirty dollars annual renewal or reissue fee; and
(3) Ten dollars transfer fee.
(b) Fees shall be paid in the form of a check or money order made payable to the secretary of state.
§30-18-17. Minimum standards for unarmed security guard
registration.
An applicant for registration as an unarmed security guard
must:
(1) Be at least eighteen years of age;
(2) Be a citizen of the United States or a resident alien;
(3) (A) Be of good moral character and temperate habits. Any
of the following within the last five years is prima facie evidence
that the applicant does not have good moral character or temperate
habits:
(i) Conviction by any local, state, federal or military court
of any crime involving the illegal use, carrying or possession of
a firearm;
(ii) Conviction of any crime involving the illegal use,
possession, sale, manufacture, distribution or transportation of a
controlled substance, drug, narcotic or alcoholic beverage;
(iii) Conviction of a crime involving felonious assault or an
act of violence; or
(iv) Conviction of a crime involving unlawful breaking and/or
entering, burglary, larceny, any offense involving moral turpitude
or a history of addiction to alcohol or a narcotic drug;
(B) For purposes of this subdivision, "conviction" means and
includes the entry of a plea of guilty, plea of no contest or a
verdict of guilty;
(4) Not have been declared by any court of competent
jurisdiction incompetent by reason of mental disease or defect; or
not have been involuntarily committed to an institution for
treatment of mental disease or defect by a district court judge.
When an individual has been treated and found to have been restored
by a psychiatrist, the secretary of state will consider this
evidence and determine whether the applicant meets the requirements
of this subdivision;
(5) Not have had a previous revocation or denial of a
registration; and
(6) Have completed a minimum of four hours training as
prescribed by the secretary of state for unarmed security guards.
§30-18-18. Authority to investigate application; appeal of denial.
(a) After the secretary of state receives an application for
unarmed guard registration, the secretary of state may cause
further investigation to be made as considered necessary.
(b) Any denial of an applicant for registration by the
secretary of state is subject to review only by the circuit court of Kanawha County, using the procedures provided in article five,
chapter twenty-nine-a of this code.
§30-18-19. Unarmed security guard registration identification
cards.
(a) The registration identification card issued shall be
carried by the registrant when performing the duties of an unarmed
security guard.
(b) The registration identification card shall be exhibited
upon the request of any law-enforcement officer, any duly licensed
security provider or any other authorized representative of the
secretary of state.
(c) The registration identification card holder and the
employing security guard firm shall immediately notify the
secretary of state upon receipt of any information relating to the
holder's eligibility to continue holding the card.
(d) If the registered guard changes security guard firms, the
guard transfer form and fee shall be submitted to the secretary of
state by the new employing security guard firm within ten days of
the beginning of employment.
(e) Upon revocation or suspension by the secretary of state,
a holder shall return the registration identification card to the
secretary of state within ten days of the date of the revocation or suspension.
§30-18-20. Renewal or reissue of registration.
(a) Each applicant for annual renewal of a registration
identification card or employing security guard firm, shall
complete a form provided by the secretary of state. This form
shall be submitted not less than thirty days prior to the
expiration of the applicant's current registration and shall be
accompanied by:
(1) Two recent head and shoulders color photographs of the
applicant of acceptable quality for identification, one inch by one
inch in size;
(2) Statements of any criminal record obtained from the
appropriate authority in each area where the applicant has resided
within the immediate preceding twelve months, and
(3) The applicant's renewal fee.
(b) Expiration of a registration card or a period of
unemployment as a registered guard exceeding sixty days requires an
application for reissue of the registration card. Each applicant
for reissue of a registration identification card shall complete,
and the employing security guard firm shall sign, a form provided
by the secretary of state. This form shall be submitted to the secretary of state and accompanied by:
(1) Two recent head and shoulders color photographs of the
applicant of acceptable quality for identification, one inch by one
inch in size; and
(2) Statements of any criminal record obtained from the
appropriate authority in each area where the applicant has resided
since the expiration of the previous registration card or during
the period of unemployment as a registered guard; and
(3) The applicant's reissue fee.
(c) The employing security guard firm of each applicant for a
registration renewal or reissue shall give the applicant a copy of
the application which serves as a record of application for renewal
or reissue and shall retain a copy of the application in the
individual's personnel file in the firm's office.
§30-18-21. Training requirements for unarmed security guards.
(a) Applicants for an unarmed security guard registration
shall complete a basic training course for unarmed security guards
within eighty days from hire. The training shall, at a minimum,
consist of four hours of classroom instruction including:
(1) The provisions of this chapter;
(2) Report writing;
(3) Legal aspects of being an unarmed security guard;
(4) Controlled substance identification and handling; and
(5) Deportment.
(b) The employing security guard firm shall submit the name
and resume for a proposed certified unarmed security guard trainer
to the secretary of state for approval.
(c) Training shall be conducted by a certified unarmed
security guard trainer approved by the secretary of state.
NOTE: The purpose of this bill is
to provide a process and
requirements for registration of unarmed security guards and
to
exempt
them from security guard licensing provisions.
These sections are new; therefore, strike-throughs and
underscoring have been omitted.