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Be it enacted by the General Assembly of Virginia: 1. That §9.1-140 of the Code of Virginia is amended and reenacted as follows: §9.1-140. Exceptions from article; training requirements for out-of-state central station dispatchers. The provisions of this article shall not apply to: 1. An officer or employee of the United States, the
Commonwealth, or a political subdivision of either, while the officer or
employee is performing his official duties 2. A person, except a private investigator as defined in §
9.1-138, engaged exclusively in the business of obtaining and furnishing
information regarding an individual's financial rating or a person engaged in
the business of a consumer reporting agency as defined by the Federal Fair
Credit Reporting Act 3. An attorney or certified public accountant licensed to
practice in Virginia or his employees 4. The legal owner of personal property which has been sold
under any security agreement while performing acts relating to the repossession
of such property 5. A person receiving compensation for private employment as a
security officer, or receiving compensation under the terms of a contract,
express or implied, as a security officer, who is also a law-enforcement
officer as defined by §9.1-101 and employed by the Commonwealth or any of its
political subdivisions 6. Any person appointed under §46.2-2003 or 56-353 while
engaged in the employment contemplated thereunder, unless they have
successfully completed training mandated by the Department 7. Persons who conduct investigations as a part of the
services being provided as a claims adjuster, by a claims adjuster who
maintains an ongoing claims adjusting business, and any natural person employed
by the claims adjuster to conduct investigations for the claims adjuster as a
part of the services being provided as a claims adjuster 8. Any natural person otherwise required to be registered
pursuant to §9.1-139 who is employed by a business that is not a private
security services business for the performance of his duties for his employer.
Any such employee, however, who carries a firearm and is in direct contact with
the general public in the performance of his duties shall possess a valid
registration with the Department as required by this article 9. Persons, sometimes known as "shoppers," employed
to purchase goods or services solely for the purpose of determining or
assessing the efficiency, loyalty, courtesy, or honesty of the employees of a
business establishment 10. Licensed or registered private investigators from other
states entering Virginia during an investigation originating in their state of
licensure or registration when the other state offers similar reciprocity to
private investigators licensed and registered by the Commonwealth 11. Unarmed regular employees of telephone public service
companies where the regular duties of such employees consist of protecting the
property of their employers and investigating the usage of telephone services
and equipment furnished by their employers, their employers' affiliates, and
other communications common carriers 12. An end user 13. A material supplier who renders advice concerning the use
of products sold by an electronics security business and who does not provide
installation, monitoring, repair or maintenance services for electronic
security equipment 14. Members of the security forces who are directly employed
by electric public service companies 15. Any professional engineer or architect licensed in
accordance with Chapter 4 (§54.1-400 et seq.) of Title 54.1 to practice in the
Commonwealth, or his employees 16. Any person who only performs telemarketing or schedules
appointments without access to information concerning the electronic security
equipment purchased by an end user 17. Any certified forensic scientist employed as an expert
witness for the purpose of possibly testifying as an expert witness 18. Members of the security forces who are directly employed
by shipyards engaged in the construction, design, overhaul or repair of nuclear
vessels for the United States Navy 19. An out-of-state central station dispatcher employed by a
private security services business licensed by the Department provided he (i)
possesses and maintains a valid license, registration, or certification as a
central station dispatcher issued by the regulatory authority of the state in
which he performs the monitoring duties and (ii) has submitted his fingerprints
to the regulatory authority for the conduct of a national criminal history
records search 20. Any person, or independent contractor or employee of any
person, who (i) exclusively contracts directly with an agency of the federal
government to conduct background investigations and (ii) possesses credentials
issued by such agency authorizing such person, subcontractor or employee to
conduct background investigations 21. Any person whose occupation is limited to the technical
reconstruction of the cause of accidents involving motor vehicles as defined in
§46.2-100, regardless of whether the information resulting from the
investigation is to be used before a court, board, officer, or investigative
committee, and who is not otherwise a private investigator as defined in §
9.1-138 22. Retail merchants performing locksmith services, selling
locks or engaged in key cutting activities conducted at the business location
who do not represent themselves to the general public as locksmiths 23. 24. Motor vehicle dealers as defined in §46.2-1500 performing
locksmith services who do not represent themselves to the general public as
locksmiths 25. Taxicab and towing businesses performing locksmith
services that do not represent themselves to the general public as locksmiths 26. Contractors licensed under Chapter 11 (§54.1-1100 et
seq.) of Title 54.1 performing locksmith services when acting within the scope
of such license who do not represent themselves to the general public as
locksmiths 27. Any contractor as defined in §54.1-1100 (i) who is exempt
from the licensure requirements of Chapter 11 (§54.1-1100 et seq.) of Title
54.1, (ii) where the total value referred to in a single contract or project is
less than $1,000, (iii) when the performance of locksmith services is ancillary
to the work performed by such contractor, and (iv) who does not represent
himself to the general public as a locksmith 28. Any individual, employed by a retail merchant that also
holds a private security services business license as a locksmith, where such
individual's duties relating to such license are limited to key cutting and the
key cutting is performed under the direct supervision of the licensee 29. Any individual engaged in (i) computer or digital forensic services as defined in §9.1-138 or in the acquisition, review, or analysis of digital or computer-based information, in order to obtain or furnish information for evidentiary purposes or to provide expert testimony before a court, or (ii) network or system vulnerability testing, including network scans and risk assessment and analysis of computers connected to a network; or 30. Employees and sales representatives of a retailer of electronic security equipment, provided such employees and sales representatives (i) sell electronic security equipment at a store location, online, or by telephone, but not at the end user's premises; (ii) are not electronic security technicians; and (iii) do not have access to end user confidential information regarding the end user's electronic security equipment. |