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Introduced Version House Bill 2788 History

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Key: Green = existing Code. Red = new code to be enacted


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.
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