APPENDIX 14

ACT 429

AN ACT to Create One Board to Regulate Both Private Investigators and Private Security

Agencies; and for Other Purposes.

Be It Enacted by the General Assembly of the State of Arkansas:

SECTION 1. SHORT TITLE. This Act may be cited as the Private Investigators and Private Security Agencies Act.

SECTION 2. DEFINITIONS. In this Act, unless the context requires a different definition:

(1) "Board" means the Arkansas Board of

Private Investigators and Private Security Agencies.

ACT 4291 ACTS OF ARKANSAS 1011

(2) "Person" includes individual, firm, association, company, partnership,

corporation, nonprofit organization, institution, or similar entity.

(3) "Investigations company" means any person who engages in the business

or accepts employment to obtain or furnish information with reference to:

crime or wrongs done or threatened against the United States

of America or any state or territory of the United States of America;

the identity, habits, conduct, business, occupation, honesty,

integrity, credibility, knowledge, trustworthiness, efficiency, loyalty,

activity, movement, Whereabouts, affiliations, associations, transactions,

acts, reputation, or character of any person;

the cause or responsibility for fires, libels, losses, accidents,

damages or injuries to persons or to property; or

the securing of evidence to be used before any court, board,

officer, or investigating committee.

(4) "Guard Company" means any person engaging in the business of

or undertaking to provide a private watchman, guard, or street patrol service

1012 ACTS OF ARKANSAS ACT 429

on a contractual basis for another person and performing any one or more of

the following or similar functions:

prevention of intrusion, entry, larceny7 vandalism, abuse,

fire, or trespass on private property;

prevention, observation, or detection of any unauthorized activity

on private property;

control, regulation, or direction of the flow or movements of the public,

whether by vehicle or otherwise, only to the extent and for the time directly

and specifically required to assure the protection of property; or

(d) protection of individuals from bodily harm.

(5) "Armored car company" means any person that provides secured

transportation and protection from one place or point to another place or

point of money, currency, coins, bullion securities, bonds, jewelry, or other valuables.

(6) "Courier company" means any person that transports or offers to transport

under armed guard from one place or point to another place or point documents, papers,

maps, stocks, bonds, checks, or any other item that requires expeditious delivery.

(7) "Security services contractor" means any guard-company, alarm

systems company, armored car company, or courier company as defined herein.

ACT 4291 ACTS of ARKANSAS 1013

(8) "Security department of a private business" means the security

department of any person, if the security department has as its general purpose

the protection and security of its own property and grounds, and if it does not

offer or provide security services to any other person.

(9) "Private investigator" means any person who performs one or

more services as described in Section 2 (3) of this Act.

(10) "Private security officer" means any individual employed by

a security services contractor or the security department of a private business

to perform the duties of a security guard, security watchman, security

patrolman, armored car guard, courier guard, or alarm systems response runner.

(11) Manager means in the case of a corporation, an officer or supervisor,

or in the case of a partnership, a general or unlimited partner meeting

the experience qualifications set forth in Section 14 of this Act for managing a

security services contractor or an investigations company.

(12) "License" means a permit granted by the board entitling a person

to operate as a security services contractor or investigations company.

(13) "Licensee" means any person to whom a license is granted under this Act.

(14) "Security officer commission" means an authorization granted by the

board to an individual employed as a private security officer to carry a handgun.

1014 ACTS OF ARKANSAS (ACT 429)

(15) "Commissioned security officer" means any private security officer to

whom a security officer commission has been issued by the board.

(16) "Registration means a permit granted by the board to an individual

to perform the duties of a private investigator, manager, or branch office manager.

(17) "Registrant" means an individual who has filed an application with

the board to perform the duties of a private investigator, manager, or branch office manager.

(18) "Handgun" has the meaning given in Section 1 of Act 696 of 1975, the

same being Ark. Stat. 41-3151.

(19) "Administrator" means the Administrator of the Arkansas Board

of Private Investigators and Private Security Agencies.

(20) "Alarm systems company" means any person that installs, services, and responds

to alarm signal devices, burglar alarms, television cameras, still cameras or any other

electrical, mechanical, or electronic device used to prevent or detect burglary, theft,

shoplifting, pilferage, fire or other losses.

(21) "Undercover agent" means an individual hired by another individual,

partnership, corporation, or other business entity to perform a job

for that individual, partnership, corporation, or other business entity,

and while performing such job, to act as an undercover agent, an employee, or an independent

ACT 4291 ACTS OF ARKANSAS 1015

contractor of a licensee, but supervised by a licensee.

SECTION 3. EXCEPTIONS. (a) This Act does not apply to:

a person employed exclusively and regularly by one employer

in connection with the affairs of an employer only and where there

exists an employer-employee relationship.

an officer or employee of the United States of America, or

of this State or a political subdivision of either, while the employee

or officer is engaged in the performance of official duties;

a person who has full-time employment as a law enforcement

officer, who receives compensation for private employment on an

individual or an independent contractor basis as a patrolman, guard,

or watchman if such person is:

A. employed in an employee-employer relationship; or

B. employed on an individual contractual basis; and

C. not in the employ of another law enforcement officer;

a person engaged exclusively in the business of obtaining and

furnishing information for purposes of credit worthiness or

ACT 4291 ACTS OF ARKANSAS 1015

contractor of a licensee, but supervised by a licensee.

SECTION 3. EXCEPTIONS. (a) This Act does not apply to:

a person employed exclusively and regularly by one employer in

connection with the affairs of an employer only and where

there exists an employer-employee relationship.

an officer or employee of the United States of America, or of this

State or a political subdivision of either, while the employee or

officer is engaged in the performance of official duties;

a person who has full-time employment as a law enforcement

officer, who receives compensation for private employment on an

individual or an independent contractor basis as a patrolman, guard,

or watchman if such person is:

A. employed in an employee-employer relationship; or

B. employed on an individual contractual basis; and

C. not in the employ of another law enforcement officer;

a person engaged exclusively in the business of obtaining and

furnishing information for purposes of credit worthiness or

1016 ACTS of ARKANSAS ACT 429

collecting debts or ascertaining the financial responsibility of applicants for

property insurance and for indemnity or surety bonds, with respect to

persons, firms, and corporations;

(5) Consumer Reporting Agencies as defined in 15 U.S.C. 1681 et seq.

(6) an attorney-at-law in performing his duties;

(7) admitted insurers, insurance adjusters, agents, and insurance

brokers licensed by the State, performing duties in connection with

insurance transacted by them;

(b) Although under the provisions of this Act the security

department of a private business that hires or employs an

individual in the capacity of a private security officer to possess

a handgun in the course and scope of his duties is required to

make application for a security officer commission for the individual

according to the provisions of this Act, the security department of

a private business shall not be required to make application to the

board for any license under this Act.

SECTION 4. CREATION OF BOARD.

(a) The Arkansas Board of

Private Investigators and Private Security Agencies is created to carry

out the functions and duties conferred on it by this Act.

(b) The position of Administrator of the Arkansas Board of Private

Investigators and Private

ACT 4291 ACTS OF ARKANSAS 1017

Security Agencies is created. The Director of the State Police Division of

the Department of Public Safety, or his designated representative,

shall serve as the Administrator. The Administrator shall not be a member

of the Board, shall perform such duties as may be prescribed by the Board,

and shall have no financial or business interests, contingent or otherwise,

in any security services contractor or investigating company.

upon or filed with the Board shall be served or filed with the Administrator

at the designated office of the Board. All official records of the Board or

affidavits by the Administrator as to the content of such records shall be

prima facie evidence of all matters required to be kept by the Board.

SECTION 5. BOARD MEMBERSHIP. The Board shall be

composed of seven (7) members as follows:

the Director of the Arkansas Department of Public Safety or

his designated representative shall serve as a member of the Board,

and such service shall not jeopardize the individual's official capacity

with the State of Arkansas;

one municipal chief law enforcement officer appointed by the

Governor, subject to confirmation by the Senate;

one county sheriff appointed by the Governor, subject to

confirmation by the Senate;

1018 ACTS OF ARKANSAS ACT 429

(4) one member appointed by the Governor, subject to confirmation

by the Senate, who is a citizen of the United States and a resident of

this State and not registered or licensed under this Act;

(5) one member shall be appointed by the Governor, subject to

confirmation by the Senate, who is registered under this Act, who

has been engaged for a period of five (5) consecutive years as a private

investigator, and who is not employed by the same person as any

other member of the Board;

(6) one member shall be appointed by the Governor, subject

to confirmation by the Senate, who is registered under this Act, who

has been employed for a period of five (5) consecutive years for a security

services contractor, and who is not employed by the same person as any

other member of the Board; and

(7) one member shall be appointed by the Governor, subject to

confirmation by the Senate, who is registered under this Act, who is

employed by a Class C licensee, and who is not employed by the same

person as any other member of the Board.

SECTION 6. TERMS OF OFFICE. (a) The appointed members of the

Board shall serve six (6) year terms except that the initial appointed

members of the Board shall serve such terms, to be decided by lot,

as necessary to result in the term of one member expiring each year.

Each appointed member shall hold office until his successor is

appointed and has qualified. (b) The Director of the Department of Public

ACT 429 ACTS OF ARKANSAS 1019

Safety, or his representative, shall serve on the Board during his

term of office and shall perform the duties required of members

of the Board by this Act in addition to those duties required of

him other official capacities.

SECTION 7. VACANCIES. The Governor shall fill all

vacancies occurring among appointed members of the Board,

subject to confirmation by the Senate, with appointments

for the duration of the unexpired term.

SECTION 8. COMPENSATION OF BOARD MEMBERS.

The members of the Board shall serve without pay but shall be reimbursed

for their necessary and actual expenses, not to exceed the amount allowed

by State law. The number of employees and the salaries of each shall be

fixed by the General Assembly.

SECTION 9. RULES OF PROCEDURE AND SEAL. (a) The

Board shall have the following powers and duties:

to determine the qualifications of licensees, registrants,

and commissioned security officers as provided in this Act;

to investigate alleged violations of the provisions of this

Act and of any rules and regulations adopted by the Board;

to promulgate reasonable rules and regulations in the

manner provided by the Arkansas Administrative Procedure Act;

1020 ACTS OF ARKANSAS ACT 429

(4) to establish and enforce standards governing the

safety and conduct of persons licensed, registered, and

Commissioned under the provisions of this Act;

(b) The Board shall adopt a seal, the form of which it shall

prescribe; and

Procedure Act.

SECTION 10. ISSUANCE OF SUBPOENAS In the conduct

of any investigation conducted under the provisions of this Act,

the Board may issue subpoenas to compel the attendance of witnesses

and the production of pertinent books, accounts, records, and

documents. The officer conducting a hearing may administer

oaths and may require testimony or evidence to be given under oath.

SECTION 11. REVOCATION, SUSPENSION, ETC. (a) The

Board may revoke or suspend any registration, license, or security

officer commission, reprimand any registrant, licensee, or

commissioned security officer, or deny an application for a

registration, license, or security officer commission, or

renewal thereof on proof;

that the applicant, licensee, commissioned security officer,

or registrant has violated any provision of this Act or of the

rules and regulations promulgated under this Act;

(2) that the applicant, licensee, commissioned security officer, or registrant has

ACT 4291 ACTS OF ARKANSAS 1021

committed any act resulting in conviction of a felony or a crime

involving moral turpitude;

(3) that the applicant, licensee, commissioned security officer,

or registrant has practiced fraud. deceit, or misrepresentation;

(4) that the applicant, licensee, commissioned security officer,

or registrant has made a material misstatement in the application

for or renewal of a license, registration, or security officer commission;

(5) that the applicant, licensee, commissioned security officer, or

registrant has demonstrated incompetence or untrustworthiness in his actions.

(b) The Board shall, before acting under Subsection (a) of this section,

provide twenty (20) days' written notice to the applicant, licensee,

commissioned security officer, or registrant of the charges and give

him an opportunity to request a hearing before the Board and be

represented by an attorney. A hearing shall be scheduled by the

Board on such request.

or suspends any license, security officer commission, or registration,

or imposes any reprimand, the Board's determination shall be in

writing and officially signed. The original copy of the determination

when so signed, shall be filed with the Board and copies shall be

mailed to the applicant, licensee, commissioned security officer, or

1022 ACTS OF ARKANSAS ACT 429

registrant, and the complainant within two days after the filing.

(d) The Board may suspend any registration on conviction

in this State or any other state or territory of the United States, or

in any foreign country, of a felony for a period not exceeding

thirty (30) days pending a hearing and a determination of

charges. If the licensee is a corporation, proof of actual

participation and knowledge on the part of the registrant

is required. If the hearing is adjourned at the request of the

registrant, the suspension may be continued for an additional

period of the adjournment.

(e) The Administrator may summarily suspend, for no

more than thirty days, any license issued pursuant to this Act

for any reason contained in this Section.

SECTION 12. ORGANIZATION AND MEETINGS OF

THE BOARD. (a) The Board shall meet within thirty (30) days

after the effective date of this Act, and thereafter at regular

intervals to be decided by a majority vote of the Board.

(b) The Board shall elect from among its members a chairman,

vice-chairman, and secretary to serve one year terms commencing

on January 1 of each year, The chairman, or in his absence, the

vice-chairman, shall preside at all meetings of the Board and perform

the other duties prescribed in this Act.

ACT 4291 ACTS OF ARKANSAS 1023

(d) At the first meeting, the Board shall specify

the date and place of the first examinations for licenses to be held.

SECTION 13. LICENSE REQUIRED AND FALSE

REPRESENTATION PROHIBITED. (a) It shall be unlawful and

punishable as provided in Section 34 of this Act for any person to

engage in the business of, or perform any service as, a private

investigator or security services contractor or to offer his services in

such capacities or engage in any business or business activity

required to be licensed by this Act unless he has obtained a license

under the provisions of this Act.

(b) It is unlawful and punishable as provided in Section 34

of this Act for any person to represent falsely that he is employed by a licensee.

of this Act for any individual to make application to the Board as

manager or to serve as manager of an investigations company or

security services contractor unless the individual intends to maintain

a supervisory position on a daily basis for the investigations company

or security services contractor.

SECTION 14. QUALIFICATIONS. (a) An applicant for a license or his manager must:

(1) be at least 18 years of age;

(2) be a citizen of the United States;

(3) be a high school graduate or its equivalent

1024 ACTS OF ARKANSAS ACT 429

if the applicant is a manager of an investigations company

or an individual applying for an investigations company license

unless this requirement is waived by the Board;

(4) not have been convicted in any jurisdiction of any felony

or any crime involving moral turpitude for which a full pardon

has not been granted;

(5) not have been declared by any court of competent Jurisdiction

incompetent by reason of mental defect or disease and has not been restored;

(6) not to be suffering from habitual drunkenness or from narcotics

addiction or dependence;

(7) not have been discharged from the armed services of the United

States under other than honorable conditions;

(8) be of good moral character;

(9) be in compliance with any other reasonable qualifications that the

Board may fix by rule.

(b) An applicant who applies for a license to engage in the business

of an investigations company by his manager shall have two (2) consecutive

years experience prior to the date of said application in the investigative

field, as an agent, employee, manager

ACT 4291 ACTS OF ARKANSAS 1025

or owner of an investigations company, or shall have been licensed under

Act 447 of 1965, or shall satisfy such other requirements as may be set

by the Board. The experience of the applicant must be reviewed by the Board,

and determined to be adequate to qualify the applicant to engage in the

business of an investigations company.

of a security services contractor or his manager shall have two (2) consecutive

years experience prior to the date of said application in the security services

field, as an agent, employees, manager, or owner of a security services contractor

company, or shall have been licensed under Act 605 of 1973, or shall

satisfy such other requirements as may be set by the Board.

SECTION 15. APPLICATION AND EXAMINATION. (a) An application

for a license under this Act shall be in the form prescribed by the Board. The

application shall include:

(1) the full name and business address of the applicant;

(2) the name under which the applicant intends to do business;

(3) a statement as to the general nature of the business in

which the applicant intends to engage;

(4) a statement as to the classification

1026 ACTS OF ARKANSAS ACT 429

under which the applicant desires to be qualified;

(5) the full name and residence address of each of its partners,

officers, directors, and its manager, if the applicant is an entity other

than an individual;

(6) two recent photographs, of a type prescribed by the Board,

of the applicant, if the applicant is an individual, or of each

officer and of each partner or shareholder who owns a 25

percent or greater interest in the applicant. if the applicant is an entity;

(7) two classifiable sets of fingerprints of the applicant, if the

applicant is an individual, or of each officer and of each partner or

shareholder who owns a 25 percent or greater interest in the applicant,

if the applicant is an entity;

(8) a verified statement of his experience qualifications;

(9) a verified statement disclosing any record of convictions

of the applicant of a felony or any crime involving moral turpitude;

(10) such information as may be required by the Board which would

show that the applicant is honest, trustworthy, and of good character.

(b) An application for a license under this Act shall include

the Social Security number of the one making application.

ACT 429 ACTS OF ARKANSAS 1027

demonstrate qualifications by an examination to be determined by

the Board.

(d) Payment of the application fee prescribed by this Act

entitles the applicant or his manager to one examination without

further charge If the person falls to pass the examination, lie

shall not be eligible for any subsequent examination

except upon, payment of the reexamination fee which shall

be set by the Board in an amount not in excess of the renewal

fee for the license classification for which license application

was originally made.

SECTION 16. CLASSIFICATION OF LICENSE. (a) No person

may engage in any operation outside the scope of his license.

(b) For the purpose of defining the scope of licenses,

the following license classifications are established:

Class A: investigations company license, covering operations

as defined in Subdivision (3), Section 2, of this Act;

Class B: security services contractor .license, covering

operations as defined in Subdivision (7), Section 2, of this Act;

Class C: covering the operations included within

Class A and Class B.

not make any investigation

1028 ACTS OF ARKANSAS ACT 429

except as incidental to the theft, loss, embezzlement, misappropriation,

or concealment of any property which he has been hired or engaged to protect.

SECTION 17. FEES. (a) The fee for a Class A original license

is $200.00; for the renewal of a Class A license, the fee is S150.00.

(b) The fee for a Class B original license is $200.00; for the renewal

of a Class B license, the fee is $150.00.

of a Class C license, the fee is $200.00.

(d) A delinquency fee shall be not less than $10, nor more than $25.

(e) All funds received by the Board shall be deposited in the State

Treasury as "special revenues" to the credit of the Department of Public

Safety Police Fund.

SECTION 18. MANAGER. TO CONTROL BUSINESS. (a) The

business of each licensee shall be operated under the direction and

control of one manager, and no licensee shall make application to

qualify more than one individual to serve as manager.

(b) No person shall act as a manager of a licensee until he has

complied with each of the following:

ACT 4291 ACTS OF ARKANSAS 1029

(1) demonstrated his qualifications by a written examination

(2) made a Satisfactory showing to the Board that lie has the

qualifications prescribed by Section 14 of this Act, and that

none of the facts stated in Subsection (a), Section 11, of this

Act exist as to him.

ceases to be manager for any reason whatsoever the licensee

shall notify the Board in-writing within fourteen (14) days from such

cessation. If notice is given the license shall remain force for a

reasonable length of time to be determined by the rules of

the Board pending the qualification, as provided in this Act,

of another manager. If the licensee fails to notify the Board

within the fourteen (14) day period, his license shall be subject

to suspension or revocation.

(d) When the individual on the basis of whose qualifications

a license under this Act has been obtained ceases to be connected

with the licensee for any reason whatsoever, the business may

be carried on for such temporary period and under such terms

and conditions as the Board shall provide by regulation

SECTION 19. SECURITY OFFICER COMMISSION. (a) It is

unlawful and punishable as provided in Section 33 of this Act:

(1) for a person to employ an individual as a private security officer and knowingly au-

ACT 4291 ACTS OF ARKANSAS 1029

(1) demonstrated his qualifications by a written examination

(2) made a Satisfactory showing to the Board that lie has the

qualifications prescribed by Section 14 of this Act, and that

none of the facts stated in Subsection (a), Section 11, of this

Act exist as to him.

ceases to be manager for any reason whatsoever the licensee

shall notify the Board in-writing within fourteen (14) days from such

cessation. If notice is given the license shall remain force for a

reasonable length of time to be determined by the rules of

the Board pending the qualification, as provided in this Act,

of another manager. If the licensee fails to notify the Board

within the fourteen (14) day period, his license shall be subject

to suspension or revocation.

(d) When the individual on the basis of whose qualifications

a license under this Act has been obtained ceases to be connected

with the licensee for any reason whatsoever, the business may

be carried on for such temporary period and under such terms

and conditions as the Board shall provide by regulation

SECTION 19. SECURITY OFFICER COMMISSION. (a) It is

unlawful and punishable as provided in Section 33 of this Act:

(1) for a person to employ an individual as a private security officer and knowingly au-

1030 ACTS OF ARKANSAS [ACT 429

thorize or permit him to carry a handgun during the course of

performing his duties as aprivate security officer if the Board

has not issued him a security Officer commission under this section;

(2) for an individual employed as a private security officer to

knowingly carry a handgun during the course of performing his

duties as a private security officer if the Board has not

issued him a security officer commission under this section. It shall

be unlawful and punishable as provided in section 33 of this Act

for any person to hire or employ an individual or for any individual to

accept employment in the capacity of a private security officer to carry

a handgun in the course and scope of his duties unless the private

security officer is issued a security officer commission by the Board.

(b) The Board, with the concurrence of the Department of Public

Safety, may issue a security officer commission to an individual

employed as a uniformed private security officer provided the

geographical scope of the security officer commission is restrict

to one named county in the State and all counties contiguous to

the named county, except as allowed in Subsection (c) of this section.

Public Safety, may issue a security officer commission that is broader

in geographical scope within the State than that specified in

Subsection (b) of this section if the broader scope is shown

to be in the public interest and necessary to the

ACT 4291 ACTS OF ARKANSAS 1031

Performance of the duties of the private security officer.

(d) The Board, with the concurrence of the Department of

Public Safety, shall issue a security officer commission to a qualified

employee of an armored car company that is a carrier that has a it

from the proper federal or state regulator authority to conduct the

armored car business in accordance with the permit or certificate.

A securityofficer commission issued to an employee of an

armored car company shall be broad enough in its

geographical scope to cover the county or counties in

this State in which the armored car company has a

permit or certificate to conduct its business.

(e) The employer of a private security officer who makes

application for a security officer commission shall submit an

application to the Board on a form provided by the Board.

A $2 fee shall accompany each application for a security officer

commission, and the annual fee for renewal shall be $2.

(f) No security officer commission may be issued to any

individual who is under 21 years of age, who is a convicted felon,

or who has committed any act which if committed by a licensee

would be grounds for suspension or revocation of a license under this Act.

(g) The Board shall send a copy of each application for a security

officer commission to the sheriff of the county and the chief of

police of the principal city of the county in which the applicant

resides. A sheriff or chief or police who wishes to object to the issuance

of a security officer commission t o a particular applicant may do so by mailing or

ACT 4291 ACTS OF ARKANSAS 1033

apply to the holder of a valid temporary security office commission

if the holder commission issued under this section if the holder

is in uniform and engaged in the performance of his duties.

The Board may suspend or deny a security officer commission

if the holder or applicant is indicted for a felony or for a misdemeanor

involving moral turpitude.

SECTION 20. FORM OF LICENSES. A license when

issued shall be in the form prescribed by the Board, and shall include;

(1) the name of the licensee;

(2) the name under which the licensee is to operate; and

(3) the number and date of issuance of the license.

SECTION 21. CHANGE OF ADDRESS ANDNEW OFFICERS.

Notification to the Board shall be made within fourteen (14) days after

the change of address of the principal place of business of a licensee,

the change of address of a branch office, or the change of a business

name under which a licensee does business. A licensee shall within

fourteen (14) days after such change, notify the Board of any and all

changes of his address, of the name under which he does business and

of any changes in its officers or partners.

SECTION 22. LICENSE NOT ASSIGNABLE. A license issued

under this Act is not assignable.

1034 ACTS OF ARKANSAS ACT 429

SECTION 23. TERMINATION OF LICENSE The Board

shall prescribe by rule the procedure under which a license issued

under this Act may be terminated. The fee for the termination of

a license under this Act shall be established by the Board in an

amount not to exceed $5.

SECTION 24. LICENSEE RESPONSIBLE FOR CONDUCT

OF EMPLOYEES. A licensee shall at all times be legally responsible

for the good conduct in the business of each employee including his manager.

SECTION 25. IDENTIFICATION AND REPORTS.

No licensee or officer, director, partner, manager or employee

of a licensee shall knowingly make any false report to his employer or

client for whom information was being obtained.

No written report shall be submitted to a client except by the

licensee, manager, or a person authorized by one or either of them, and

such person submitting the report shall exercise diligence in ascertaining

whether or not the facts and information in such a report are true and correct.

No licensee, or officer, director, partner, manager or employee

of a licensee shall use a title, or wear a uniform, or use an insignia, or

use an identification card, or make any statement with the intent to give

an impression that he is connected in any way with the federal government,

a state government, or any political subdivision of a state government.

ACT 4291 ACTS OF ARKANSAS 1035

SECTION 26. EMPLOYEE RECORDS. Each licensee shall maintain

a record containing such information relative to his employees as may

be prescribed by the Board.

SECTION 27. REGISTRATION OF EMPLOYEES OF

PRIVATE INVESTIGATORS.

Every employee of a licensee who is employed as a private

investigator, manager, or private security officer must be registered

with the Board within fourteen (14) days after the commencement

of such employment.

The minimum age of a person registered under this section

shall be 18 years of age.

The Board may promulgate by rule any additional

qualifications for an individual registered under this section as a private

investigator, manager, private security officer or branch office manager,

which may Include provision for apprenticeship programs.

SECTION 28. APPLICATION The application for registration shall

be verified and shall include:

the full name, residence address, residence telephone number,

date and place of birth, and the Social Security number of the employee;

the name and address of the employer and the date the employment

commenced and a letter from the licensee requesting that the employee be

1036 ACTS OF ARKANSAS ACT 429

registered under his license;

(3) the title of the position occupied by the employee and

a description of his duties;

(4) two recent photographs of the employee, of a type prescribed

by the Board, and two classifiable sets of his fingerprints;

(5) a verified statement disclosing any record of convictions of the

applicant of a felony or any crime involving moral turpitude;

(6) such other information, evidence, statements, or documents,

as may be required by the Board.

SECTION 29. POCKET CARD; RETURN, CANCELLATION

A pocket card of such size, design, and content as may be determined

by the Board shall be issued to each registrant under this Act. The

date of issuance shall be noted on such pocket card, and the date of

expiration shall also be noted. Such pocket card shall contain a photograph

and signature of the registrant.

When an individual to whom a pocket card has been issued

terminates his position, he shall return the pocket card to the licensee

within five days after his date of termination.

Within seven days after the licensee has received the pocket card

of a terminated registered employee, the licensee shall mail or deliver

the pocket card to the Board for cancellation, along with a letter

ACT 4291 ACTS OF ARKANSAS 1037

from the licensee stating the date the registered employee terminated,

the date the licensee received the pocket card of the terminated registered

employee and the cause for which or the conditions under which

the registered employee terminated.

SECTION 30. POCKET CARD; ANNUAL RENEWAL

The pocket card of each registrant expires on the date the license

of the licensee who employs the registrant expires. On notification

from the Board the month before expiration of the registrant's pocket

card, each registrant shall file for renewal of registration on a form

SECTION 31. REGISTRATION' FEE. The registration fee for

private investigators, managers and branch office managers required

by this Act shall be $75 for original registrations and $50 for each

annual renewal registration. The registration fee for private security

officers shall be $10 for the original registration and $10 for each

annual renewal registration.

SECTION 32. PROOF OF INSURANCE. No Class B or Class C license

shall be issued to a guard company under this Act unless the applicant files

with the Board proof of a policy of public liability insurance in the sum

of not less than $50,000 conditioned to compensate any person for

damages including but not limited to bodily injury, caused by wrongful

acts of the principal, its servants, officers, agents and employees in the

conduct of any business licensed by this Act.

SECTION 33. PENAL PROVISIONS. Any

1038 ACTS OF ARKANSAS ACT 429

person who violates any provision of this Act is guilty of a Class A misdemeanor.

SECTION 34. EXPIRATION AND RENEWAL OF LICENSE

AND REGISTRATION, CARD.

Licenses issued under this Act expire one year after the date

of issuance if not renewed. To renew an unexpired license, the

licensee shall, on or before the date on which it would otherwise

expire, apply for renewal on a form prescribed by the Board,

and pay the renewal fee prescribed by this Act. On renewal,

a renewal license shall be issued to the licensee.

Removal of a license shall not prohibit the bringing of disciplinary

proceedings for an act committed before the effective date of the renewal.

SECTION 35 ACTIVITY DURING SUSPENSION OF LICENSE. A

suspended license is subject to expiration and shall be renewed as provided

in this Act, but such renewal does not entitle the licensee, while the

license remains suspended and until it is reinstated, to engage in the licensed

activity, or in any other activity or conduct in violation of the order or

judgment by which the license was suspended.

SECTION 36. TRAINING PROGRAM (a) The Board may establish

training programs to be conducted by agencies and institutions approved

by the Board. The Board may approve training programs conducted

by licensees and the security de-

ACT 4291 ACTS OF ARKANSAS 1039

partment of a private business to train its own personnel,

without regard to its curriculum, if it is adequate for the

business' security purposes.

(b) The basic training course approved by the Board may

include the following:

(1) legal limitations on the use of handguns

and on the powers and authority of a private security officer,

(2) familiarity with this Act

(3) field note taking and report writing

(4) range firing and procedure, and handgun safety and maintenance and

(5) any other topics of security officer training curriculum which the Board deems necessary.

the provisions of this section concerning the training requirements of this Act.

(d) The Board shall not issue a security officer commission to an

applicant employed by a licensee or the security department of a private

business unless the applicant submits evidence satisfactory to the Board

that he meets all qualifications established by this Act and by the rules of the Board.

SECTION 37. EXPIRATION OF LICENSES AND NEW LICENSES.

(a) A license which is not

1040 ACTS OF ARKANSAS ACT 429

renewed within three years after its expiration may not be renewed

restored, reinstated, or reissued thereafter.

(b) The holder of the license may obtain a new license only on

compliance with all of the provisions of this Act relating to the issuance

of an original license.

SECTION, 38. Notwithstanding any other provision of this Act,

employees of a licensee who are employed exclusively as undercover

agents shall not be required to register under this Act with the Board.

SECTION 39. Act 447 of 1965, and Act 605 of 1973 are hereby repealed.

SECTION 40. All laws and parts of laws in conflict with this Act are hereby repealed.

SECTION 41. It is hereby found and determined by the General

Assembly that there is an urgent need to more efficiently and effectively

regulate the business conducted by private investigators and private security

agencies because of the rapid growth of this industry; that the licensing

procedure for such businesses needs to be strengthened to protect the public;

that under Amendment No. 7 to the Arkansas Constitution, acts without an

emergency clause become effective 90 days after final adjournment of the General

Assembly; that it may be necessary to extend the Session, as authorized in Article 5,

Section 17 of the Constitution and that an extension of the Session might result

In this Act not becoming effective until after July 1, 1977, unless an emergency is declared;

ACT 4301 ACTS OF ARKANSAS 1041

and that it is essential that this Act go into effect on July 1. 1977. Therefore,

an emergency is hereby declared to exist and this Act being necessary

for the immediate preservation of the public peace, health and safety

shall be in full force and effect from and after July 1977.

APPROVED: March 15, 1977.