Bill Text: GA SB162 | 2009-2010 | Regular Session | Engrossed

Georgia Senate Bill 162 (Prior Session Legislation)

Bill Title: Private Detective Businesses; authorize security guards/detectives to obtain individual licensure for employment

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2010-05-24 - Effective Date [SB162 Detail]

Download: Georgia-2009-SB162-Engrossed.html

09 LC 35 1240

Senate Bill 162

By: Senators Grant of the 25th and Williams of the 19th

AS PASSED SENATE

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective businesses and private security businesses, so as to authorize security guards and detectives to obtain individual licensure for employment; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective businesses and private security businesses, is amended by revising Code Section 43-38-7, relating to registration of armed employees, qualifications, continuing education, fingerprints, registration card, and suspension, as follows:

"43-38-7.

(a) Any licensee employer may employ as many agents, guards, watchmen, or patrolmen as he or she deems necessary for the conduct of his or her business, provided that such employees meet the requirements and qualifications for registration licensure under this chapter.

(b)(1) Except as provided in paragraph (2) of this subsection, within 30 180 days of hiring such agents, operators, assistants, guards, watchmen, or patrolmen, the licensee completing board mandated prelicensure training, potential licensees shall make application to register such employees be licensed with the board.

(2) Any guard, watchman, or patrolman who will be unarmed and who will be employed in the private security business shall not be registered required to be licensed by the board but shall be governed by Code Section 43-38-7.1.

(c)(1) Except as otherwise provided in paragraph (2) of subsection (b) of this Code section, upon being satisfied of the employee's applicant's character, competency, and eligibility for registration licensure, the board may register license such employee applicant if her or she:

(A) Is The employee is at least 18 years of age;

(B) Is The employee is a citizen of the United States or a registered resident alien;

(D) Has The employee has not been convicted of a felony or any crime involving the illegal use, carrying, or possession of a dangerous weapon or any crime involving moral turpitude; provided, however, that, if the employee applicant has been convicted of such crime, or has entered a plea of nolo contendere to such crime, or has entered a plea pursuant to Article 3 of Chapter 8 of Title 42 or otherwise been granted first offender treatment, the board may inquire into the nature of the crime, the date of conviction or plea, and other underlying facts and circumstances surrounding such criminal proceedings and, in its discretion, may allow the employee applicant to be registered licensed;

(E) Has The employee has not committed an act constituting dishonesty or fraud; and

(F) Meets The employee meets such other qualifications as the board may prescribe by rule.

(2) The board shall be authorized to require continuing education as a condition of renewal for all persons required to be licensed or registered with the board under this chapter. The board shall be authorized to promulgate rules and regulations addressing the requirement for continuing education and circumstances for which a waiver of this requirement may be granted.

(d) The license application for registration shall be made in writing, under oath, and on a form to be furnished by the division director. The application shall state the employee's applicant's full name, age, and date and place of birth; residences and employment within the past five years; experience in the position applied for or held; the date and place of conviction or arrest for any crime, including the entry of a plea of nolo contendere or the entry of a plea entered pursuant to Article 3 of Chapter 8 of Title 42 or other first offender treatment; and such other information as the board may require. The license application for registration shall be accompanied by two sets of fingerprints of the employee applicant and one photograph of the employee applicant, two inches wide by three inches high, full face, and taken within six months prior to the application. The board shall have discretion to deny registration a license to any individual when the information and supporting documentation required by this subsection are not provided.

(e) Upon granting an application for registration a license pursuant to this Code section, the board shall so notify the employer-licensee licensee. An employer The employer-licensee shall notify the board within 30 days of the hiring or termination of employment of any registered employees employee licensed under this Code section.

(f) Upon receipt of a registration license card issued by the board pursuant to this chapter, the registrant licensee shall maintain said card on his person at all times while on his post or at his place of employment and at all times when the registrant licensee wears a uniform in the course of his employment in the private detective or private security business.

(g) Notwithstanding any other provisions of this Code section, any person who is to be registered licensed under this Code section shall agree in writing on the application that if such person to be registered makes a false statement in the application or if such person has been is found to have been convicted of a felony and has not had all his or her civil rights restored pursuant to law, then the board shall be authorized to suspend any registration license granted to such applicant person without a prior hearing as required in Code Section 43-38-11. Upon request, any such person shall be entitled to a hearing on such matter subsequent to the suspension."

SECTION 2.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.