COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 31
(By Senators Hunter and Caldwell)
____________
[Originating in the Committee on the Judiciary;
reported February 26, 2002.]
____________
A BILL to amend and reenact sections one, three, four, five, six,
seven, eight, nine, eleven 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 three new sections,
designated section four-a, seven-a and fourteen, all
relating to the licensing of private investigators and
security guards; registration of private investigative and
security guard employees; 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 sections one, three, four, five, six, seven, eight,
nine, eleven and thirteen, 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 three new sections, designated
sections four-a, seven-a and fourteen, 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 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 three or six and
has satisfied the eligibility requirements contained in sections
two 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 official duties or while working for a
private employer in his off-duty hours;
(iv)(C) Attorneys or counselors-at-law or any employee or
representative of such attorney or counselor;
(v)(D) Any corporation duly authorized by this state to
operate central burglar or fire alarm protection business; or
(vi)(E) 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)(F) "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)(g) "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)(h) "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)(i)(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)(j) "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.
(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.
(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 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 non-refundable
processing service charge provided for 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 for 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 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; 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
(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
(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 the first day of July, two
thousand and two, must file its initial application(s) for
representative registration with the firm's next license renewal
application, Provided, That 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 the first day of July, two thousand two, 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. The secretary of state may provide the
necessary 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 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
subsection (a)(7) of 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.
(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 non-resident 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 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 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 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.
(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; 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 non-refundable 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 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 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.
(b) Any person who
has
(1) be
responsible
for
supervising
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
(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 the first day of July, two
thousand and two, must file its representative registration
application(s) with the firm's license renewal application prior
to the next expiration of the firm license, Provided That 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 the first day of July, two thousand two, 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. The secretary of state may provide and
charge a fee for such 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 satisfy the requirements of section five of this
article, except that such the person need not satisfy the prior
employment requirements contained in subdivision subsection
(a)(7) of section five; and.
(2) (f) Authorize Any 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.
(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) 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 shall be 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 the first day of July, two
thousand and two, shall be issued a license number the next time
the license is renewed thereafter.
§30-18-8. Prohibitions.
(a) No person shall engage in the private investigation
business or security guard business without having first obtained
from the secretary of state a license to conduct such business.
(b) No unlicensed person shall 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 the provisions of 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.
§30-18-11. Penalties.
(a) Any person, licensed or unlicensed, who shall violate
violates any of the provisions provision of this article is
guilty of a misdemeanor, and, upon conviction, shall be fined not
less than one hundred dollars nor more than five thousand dollars
or be confined in jail for not more than one year, or both.
(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 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 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 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 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
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 individual50.00
(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 fifty dollars 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 non-refundable processing service charge of sixty dollars.
(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 fifteen dollars.
(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 non-refundable processing service charge of thirty dollars.
(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 non-refundable processing service
charge of fifteen dollars.
(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 fifteen
dollars.
(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 ten dollars 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 ten dollars.
(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: 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
§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 twenty-five dollars. 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 twenty-five dollars.
(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 withe
the military, the licensee must notify the secretary of state of
the change and pay the twenty-five dollar 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, 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.
§30-18-4a, 30-18-7a and 30-18-14 are new; therefore, strike-
throughs and underscoring have been omitted.