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13102042D Be it enacted by the General Assembly of Virginia: 1. That §9.1-140 of the Code of Virginia are 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.  |