To amend sections 109.75, 109.78, 4749.01, 4749.02, 4749.03 to 4749.06, 4749.08, 4749.11 to 4749.14, and 4749.99 to enact section 4749.061, and to repeal section 4749.10 of the Revised Code to make changes in the licensing requirements concerning private investigators and security guards and to transfer the duties under these areas currently held by the Director of Commerce to the Superintendent of Real Estate and Professional Licensing.

Section 1. That sections 109.75, 109.78, 4749.01, 4749.02, 4749.03, 4749.04, 4749.05, 4749.06, 4749.08, 4749.11, 4749.12, 4749.13, 4749.14, and 4749.99 be amended and section 4749.061 of the Revised Code be enacted to read as follows:

Sec. 109.75.  The executive director of the Ohio peace officer training commission, on behalf of the commission, shall have the following powers and duties, which shall be exercised with the general advice of the commission and only in accordance with section 109.751 of the Revised Code and the rules adopted pursuant to that section, and with the rules adopted by the attorney general pursuant to sections 109.74, 109.741, 109.742, and 109.743 of the Revised Code:

(A) To approve peace officer training schools and firearms requalification programs administered by the state, counties, municipal corporations, and the department of natural resources, to issue certificates of approval to approved schools, and to revoke an approval or certificate;

(B) To certify, as qualified, instructors at approved peace officer training schools, to issue appropriate certificates to these instructors, and to revoke for good cause shown certificates of these instructors;

(C) To certify, as qualified, commanders at approved peace officer training schools, to issue appropriate certificates to these commanders, and to revoke for good cause shown certificates of these commanders. As used in this division, "commander" means the director or other head of an approved peace officer training school.

(D) To certify peace officers and sheriffs who have satisfactorily completed basic training programs and to issue appropriate certificates to these peace officers and sheriffs;

(E) To cause studies and surveys to be made relating to the establishment, operation, and approval of state, county, and municipal peace officer training schools;

(F) To consult and cooperate with state, county, and municipal peace officer training schools for the development of advanced in-service training programs for peace officers;

(G) To consult and cooperate with universities, colleges, and institutes for the development of specialized courses of study in the state for peace officers in police science and police administration;

(H) To consult and cooperate with other departments and agencies of the state and federal government concerned with peace officer training;

(I) To perform any other acts that may be necessary or appropriate to carry out the executive director's powers and duties as set forth in sections 109.71 to 109.77 of the Revised Code;

(J) To report to the commission at each regular meeting of the commission and at any other times that the council commission may require;

(K) To certify persons who have satisfactorily completed approved training programs for correction officers in full-service jails, five-day facilities, or eight-hour holding facilities or approved training programs for others who provide correction services in those jails or facilities and to issue appropriate certificates to those persons;

(L) To certify and to recertify persons who have satisfactorily completed approved training programs for private investigators or security guards as prescribed by the commission and to issue appropriate certificates to those persons.

Sec. 109.78.  (A) The executive director of the Ohio peace officer training commission, on behalf of the commission and in accordance with rules promulgated by the attorney general, shall certify persons who have satisfactorily completed approved training programs designed to qualify persons for positions as special police, security guards, or persons otherwise privately employed in a police capacity and issue appropriate certificates to such persons. Application for approval of a training program designed to qualify persons for such positions shall be made to the commission. An application for approval shall be submitted to the commission with a fee of one hundred twenty-five dollars, which fee shall be refunded if the application is denied. Such programs shall cover only duties and jurisdiction of such security guards and special police privately employed in a police capacity when such officers do not qualify for training under section 109.71 of the Revised Code. A person attending an approved basic training program administered by the state shall pay to the agency administering the program the cost of the person's participation in the program as determined by the agency. A person attending an approved basic training program administered by a county or municipal corporation shall pay the cost of the person's participation in the program, as determined by the administering subdivision, to the county or the municipal corporation. A person who is issued a certificate for satisfactory completion of an approved basic training program shall pay to the commission a fee of fifteen dollars. A duplicate of a lost, spoliated, or destroyed certificate may be issued upon application and payment of a fee of fifteen dollars. Such certificate or the completion of twenty years of active duty as a peace officer shall satisfy the educational requirements for appointment or commission as a special police officer or special deputy of a political subdivision of this state.

(B)(1) The executive director of the Ohio peace officer training commission, on behalf of the commission and in accordance with rules promulgated by the attorney general, shall certify basic firearms training programs, and shall issue certificates to class A, B, or C licensees or prospective class A, B, or C licensees under Chapter 4749. of the Revised Code and to registered registrants or prospective employees registrants of such class A, B, or C licensees who have satisfactorily completed a basic firearms training program of the type described in division (A)(1) of section 4749.10 of the Revised Code as prescribed by the commission.

Application for approval of a basic firearms training program shall be made to the commission. An application shall be submitted to the commission with a fee of one hundred dollars, which fee shall be refunded if the application is denied.

A person who is issued a certificate for satisfactory completion of an approved basic firearms training program shall pay a fee of ten dollars to the commission. A duplicate of a lost, spoliated, or destroyed certificate may be issued upon application and payment of a fee of five dollars.

(2) The executive director, on behalf of the commission and in accordance with rules promulgated by the attorney general, also shall certify firearms requalification training programs and instructors for the annual requalification of class A, B, or C licensees under Chapter 4749. of the Revised Code and registered registrants or prospective employees registrants of such class A, B, or C licensees who are authorized to carry a firearm under division (D) of section 4749.10 4749.06 of the Revised Code. Application for approval of a training program or instructor for such purpose shall be made to the commission. Such an application shall be submitted to the commission with a fee of fifty dollars, which fee shall be refunded if the application is denied.

(3) The executive director, upon request, also shall review firearms training received within three years prior to November 23, 1985, by any class A, B, or C licensee or prospective class A, B, or C licensee, or by any registered registrant or prospective employee registrant of any class A, B, or C licensee under Chapter 4749. of the Revised Code to determine if the training received is equivalent to a basic firearms training program that includes twenty hours of handgun training and five hours of training in the use of other firearms, if any other firearm is to be used. If the executive director determines the training was received within the three-year period and that it is equivalent to such a program, the executive director shall issue written evidence of approval of the equivalency training to the licensee or employee.

(C) There is hereby established in the state treasury the peace officer private security fund, which shall be used by the Ohio peace officer training commission to administer the training program to qualify persons for positions as special police, security guards, or other private employment in a police capacity, as described in division (A) of this section, and the training program in basic firearms and the training program for firearms requalification, both as described in division (B) of this section. All fees paid to the commission by applicants for approval of a training program designed to qualify persons for such private police positions, basic firearms training program, or a firearms requalification training program or instructor, as required by division (A) or (B) of this section, by persons who satisfactorily complete a private police training program or a basic firearms training program, as required by division (A) or (B) of this section, or by persons who satisfactorily requalify in firearms use, as required by division (B)(2)(D) of section 4749.10 4749.06 of the Revised Code, shall be transmitted to the treasurer of state for deposit in the fund. The fund shall be used only for the purpose set forth in this division.

(D) No public or private educational institution or superintendent of the state highway patrol shall employ a person as a special police officer, security guard, or other position in which such person goes armed while on duty, who has not received a certificate of having satisfactorily completed an approved basic peace officer training program, unless the person has completed twenty years of active duty as a peace officer.

Sec. 4749.01.  As used in this chapter:

(A) "Private investigator" means any person who engages in the business of private investigation.

(B) "Business of private investigation" means, except when performed by one excluded under division (H) of this section, the conducting, for hire, in person or through a partner or employees, of any investigation relevant to any crime or wrong done or threatened, or to obtain information on the identity, habits, conduct, movements, whereabouts, affiliations, transactions, reputation, credibility, or character of any person, or to locate and recover lost or stolen property, or to determine the cause of or responsibility for any libel or slander, or any fire, accident, or damage to property, or to secure evidence for use in any legislative, administrative, or judicial investigation or proceeding.

(C) "Security guard provider" means any person who engages in the business of security services.

(D) "Business of security services" means either of the following:

(1) Furnishing, for hire, watchmen watchpersons, guards, private patrolmen patrol officers, or other persons whose primary duties are to protect persons or property;

(2) Furnishing, for hire, guard dogs, or armored motor vehicle security services, in connection with the protection of persons or property.

(E) "Class A license" means a license issued under section 4749.03 of the Revised Code that qualifies the person issued the license to engage in the business of private investigation and the business of security services.

(F) "Class B license" means a license issued under section 4749.03 of the Revised Code that qualifies the person issued the license to engage only in the business of private investigation.

(G) "Class C license" means a license issued under section 4749.03 of the Revised Code that qualifies the person issued the license to engage only in the business of security services.

(H) "Private investigator," "business of private investigation," "security guard provider," and "business of security services" do not include:

(1) Public officers and employees whose official duties require them to engage in investigatory or security activities;

(2) Attorneys at law or any expert person hired by an attorney at law for legal consultation or litigation purposes;

(3) A consumer reporting agency, as defined in the "Fair Credit Reporting Act," 84 Stat. 1128, 15 U.S.C.A. 1681a, as amended, provided that the consumer reporting agency is in compliance with the requirements of that act and that the agency's activities are confined to any of the following:

(a) The issuance of consumer credit reports;

(b) The conducting of limited background investigations that pertain only to a client's prospective tenant and that are engaged in with the prior written consent of the prospective tenant;

(c) The business of pre-employment background investigation. As used in division (H)(3)(c) of this section, "business of pre-employment background investigation" means, and is limited to, furnishing for hire, in person or through a partner or employees, the conducting of limited background investigations, in-person interviews, telephone interviews, or written inquiries that pertain only to a client's prospective employee and the employee's employment and that are engaged in with the prior written consent of the prospective employee.

(4) Certified public insurance adjusters that hold a certificate of authority issued pursuant to sections 3951.01 to 3951.09 of the Revised Code, while the adjuster is investigating the cause of or responsibility for a fire, accident, or other damage to property with respect to a claim or claims for loss or damage under a policy of insurance covering real or personal property;

(5) Personnel placement services licensed under Chapter 4143. of the Revised Code and persons who act as employees of such entities engaged in investigating matters related to personnel placement activities;

(6) An employee in the regular course of the employee's employment, engaged in investigating matters pertinent to the business of his or her the employee's employer or protecting property in the possession of his or her the employee's employer, provided the employer is deducting all applicable state and federal employment taxes on behalf of the employee and neither the employer nor the employee is employed by, associated with, or acting for or on behalf of any private investigator or security guard provider;

(7) Any better business bureau or similar organization or any of its employees while engaged in the maintenance of the quality of business activities relating to consumer sales and services;

(8) An accountant who is registered or certified under Chapter 4701. of the Revised Code or any of the accountant's employees while engaged in activities for which the accountant is certified or registered;

(9) Any person who, for hire or otherwise, conducts genealogical research in this state.

As used in division (H)(9) of this section, "genealogical research" means the determination of the origins and descent of families, including the identification of individuals, their family relationships, and the biographical details of their lives. "Genealogical research" does not include furnishing for hire services for locating missing persons or natural or birth parents or children.

(10) Any person residing in this state who conducts research for the purpose of locating the last known owner of unclaimed funds, provided that the person is in compliance with Chapter 169. of the Revised Code and rules adopted thereunder. The exemption set forth in division (H)(10) of this section applies only to the extent that the person is conducting research for the purpose of locating the last known owner of unclaimed funds.

As used in division (H)(10) of this section, "owner" and "unclaimed funds" have the same meanings as in section 169.01 of the Revised Code.

(11) A professional engineer who is registered under Chapter 4733. of the Revised Code or any of his employees.

As used in division (H)(11) of this section and notwithstanding division (I) of this section, "employee" has the same meaning as in section 4101.01 of the Revised Code.

(12) Any person residing in this state who, for hire or otherwise, conducts research for the purpose of locating persons to whom the state of Ohio owes money in the form of warrants, as defined in division (S) of section 131.01 of the Revised Code, that the state voided but subsequently reissues.

(13) An independent insurance adjuster who, as an individual, an independent contractor, an employee of an independent contractor, adjustment bureau association, corporation, insurer, partnership, local recording agent, managing general agent, or self-insurer, engages in the business of independent insurance adjustment, or any person who supervises the handling of claims except while acting as an employee of an insurer licensed in this state while handling claims pertaining to specific policies written by that insurer.

As used in division (H)(13) of this section, "independent insurance adjustment" means conducting investigations to determine the cause of or circumstances concerning a fire, accident, bodily injury, or damage to real or personal property; determining the extent of damage of that fire, accident, injury, or property damage; securing evidence for use in a legislative, administrative, or judicial investigation or proceeding, adjusting losses; and adjusting or settling claims, including the investigation, adjustment, denial, establishment of damages, negotiation, settlement, or payment of claims in connection with insurance contractors, self-insured programs, or other similar insurance programs. "Independent adjuster" does not include either of the following:

(a) An attorney who adjusts insurance losses incidential incidental to the practice of law and who does not advertise or represent that he or she the attorney is an independent insurance adjuster;

(b) A licensed agent or general agent of an insurer licensed in this state who processes undisputed or uncontested losses for insurers under policies issued by that agent or general agent.

(14) Any commissioned peace officer as defined in division (B) of section 2935.01 of the Revised Code acting within the scope of the peace officer's commission, or who performs contract security services directly on behalf of, and while being compensated through, the police department, sheriff department, or political subdivision for whom the peace officer is commissioned;

(15) Any collection agent operating under a contract with either the department of job and family services or a child support enforcement agency for the purpose of collecting arrearages in child support money owed;

(16) Any person, for hire or otherwise, who apprehends persons who have forfeited security or broken the terms of a security release, fled from justice, or escaped from confinement;

(17) Any person, for hire or otherwise, who locates persons by tracing their domicile history for the purpose of repossessing property;

(18) Any person, for hire or otherwise, who provides predeparture screening services for licensed air carriers at various airport terminals under the "Federal Aviation Administration Authorization Act of 1994," 108 Stat. 1569, 49 U.S.C. 40101.

(19) Any person, for hire or otherwise, who serves as an informational monitor for the sole purpose of advising, warning, or cautioning members of the general public;

(20) Any person, for hire or otherwise, who organizes or participates in escorting a funeral procession;

(21) Any person, for hire or otherwise, who exclusively provides, compiles, or distributes public information that is available to, or may be gathered independently by, the general public;

(22) Any person, for hire or otherwise, who engages in serving process on behalf of an attorney at law, court of law, or legal tribunal;

(23) Any community policing or block watch organization and employees thereof that provide protection, for compensation or otherwise, of persons or property within a neighborhood, defined vicinity, or locality.

(I) "Employee" means every person who may be required or directed by any employer, in consideration of direct or indirect gain or profit, to engage in any employment, or to go, or work, or be at any time in any place of employment, provided that the employer of the employee deducts all applicable state and federal employment taxes on behalf of the employee.

(J) "Branch office" means any location where business activity is conducted for which a license is required under this chapter.

(K) "Registrant" means an employee, partner, or other affiliate of a class A, B, or C licensee who has been registered with the division of real estate and professional licensing under section 4749.06 of the Revised Code.

(L) "Corporation" means a for profit corporation existing under the laws of this state or any other state and any of the following organizations existing under the laws of this state, the United States, or any other state:

(1) A business trust or association;

(2) A real estate investment trust;

(3) A common law trust;

(4) An unincorporated business or for profit organization, including a general or limited partnership;

(5) A limited liability company.

(M) "Person" means any individual, corporation, limited liability corporation, business trust, association, estate, trust, partnership, or limited liability partnership.

(N) "Date of hire" means the date that an employee is first employed or compensated for services rendered, irrespective of the actual number of days worked.

Sec. 4749.02. (A) The division of real estate and professional licensing within the department of commerce shall administer this chapter through the division of real estate and professional licensing, and for that purpose, the superintendent of real estate and professional licensing may appoint such employees and adopt such rules as the superintendent considers necessary.

(B) The superintendent shall establish by rule the process used to verify the experience of an applicant for licensure under section 4749.03 of the Revised Code.

Sec. 4749.03.  (A)(1) Any individual, including a partner in a partnership, may be licensed as a private investigator under a class B license, or as a security guard provider under a class C license, or as a private investigator and a security guard provider under a class A license, if the individual meets the following requirements:

(a) Has a good reputation for integrity, has not been convicted of a felony within the last twenty years or any offense involving moral turpitude, and has not been adjudicated incompetent for the purpose of holding the license, as provided in section 5122.301 of the Revised Code, without having been restored to legal capacity for that purpose.

(b) Depending upon the class of license for which application is made, for a continuous period of at least two of the five years immediately preceding application for a license, has been engaged in investigatory or security services work for a law enforcement or other public agency engaged in investigatory activities, or for a private investigator or security guard provider, or engaged in the practice of law, or has acquired equivalent experience as determined by rule of the director superintendent of commerce real estate and professional licensing.

(c) Demonstrates competency as a private investigator or security guard provider by passing an examination devised for this purpose by the director superintendent, except that any individually licensed person who qualifies a corporation for licensure shall not be required to be reexamined if the person qualifies the corporation in the same capacity that the person was individually licensed.

(d) Submits evidence of comprehensive general liability insurance coverage, or other equivalent guarantee approved by the director superintendent in such form and in principal amounts satisfactory to the director superintendent, but not less than one hundred thousand dollars for each person and three hundred thousand dollars for each occurrence for bodily injury liability, and one hundred thousand dollars for property damage liability.

(e) Pays the requisite examination and license fees. The superintendent may hold and administer examinations or enter into a contract with a testing service vendor to hold and administer examinations for the purposes of testing the qualifications of applicants as required under this chapter. If the superintendent enters into a contract with a testing service vendor, the applicant for examination shall pay the testing vendor's examination fee directly to the testing service vendor.

(2) A corporation may be licensed as a private investigator under a class B license, or as a security guard provider under a class C license, or as a private investigator and a security guard provider under a class A license, if an application for licensure is filed by an officer of the corporation and the officer, another officer, or the qualifying agent of the corporation satisfies the requirements of divisions (A)(1) and (F)(H)(1) of this section. Officers and the statutory agent of a corporation shall be determined in accordance with Chapter 1701. of the Revised Code.

For the purposes of this chapter, a class A, B, or C license issued to a corporation also licenses the individual who qualifies the corporation for the license as long as the individual is associated with the corporation.

(3) At least one partner in a partnership shall be licensed as a private investigator, or as a security guard provider, or as a private investigator and a security guard provider. Partners in a partnership shall be determined as provided for in Chapter 1775. of the Revised Code.

(B) Application for a class A, B, or C license shall be in writing, under oath, to the director form prescribed by the superintendent. In the case of an individual, the application shall state the applicant's name, birth date, citizenship, physical description, current residence, residences for the preceding ten years, current employment, employment for the preceding seven years, experience qualifications, the location of each of the applicant's offices in this state, and any other information that is necessary in order for the director superintendent to comply with the requirements of this chapter. In the case of a corporation, the application shall state the name of the officer or qualifying agent filing the application corporation; the state in which the corporation is incorporated and the date of incorporation; the states in which the corporation is authorized to transact business; the name of its qualifying agent; the name of the officer or qualifying agent of the corporation who satisfies the requirements of divisions (A)(1) and (F)(H)(1) of this section and the birth date, citizenship, physical description, current residence, residences for the preceding ten years, current employment, employment for the preceding seven years, and experience qualifications of that officer or qualifying agent; and other information that the director superintendent requires. A corporation may specify in its application information relative to one or more individuals who satisfy the requirements of divisions (A)(1) and (F)(H)(1) of this section.

The Unless otherwise established by rule, application shall be accompanied by all of the following:

(1) One recent full-face photograph of the applicant or, in the case of a corporation, of each officer or qualifying agent specified in the application as satisfying the requirements of divisions (A)(1) and (F)(1) of this section;

(2) One Either a fingerprint notice form or one complete set of the applicant's fingerprints or, in the case of a corporation, of the fingerprints of each officer or qualifying agent specified in the application as satisfying the requirements of divisions (A)(1) and (F)(H)(1) of this section;

(3)(2) Character references from at least five reputable citizens for the applicant or, in the case of a corporation, for each officer or qualifying agent specified in the application as satisfying the requirements of divisions (A)(1) and (F)(H)(1) of this section, each of whom has known the applicant, officer, or qualifying agent for at least five years preceding the application, and none of whom are connected with the applicant, officer, or qualifying agent by blood or marriage;

(4) An (3) If an examination is administered by the superintendent, an examination fee of twenty-five dollars for the applicant or, in the case of a corporation, for each officer or qualifying agent specified in the application as satisfying the requirements of divisions (A)(1) and (F)(H)(1) of this section, and a license fee of two hundred fifty dollars. The. If an examination is administered by a testing service vendor under division (A)(1)(e) of this section, the fee shall be established by rule under section 4749.02 of the Revised Code and made payable directly to the testing service vendor.

(4) A license fee shall be refunded if a license is not issued of two hundred fifty dollars.

(C) Upon receipt of the application and accompanying matter, the director superintendent shall forward to the bureau of criminal identification and investigation a request that it make an investigation of the applicant or, in the case of a corporation, each officer or qualifying agent specified in the application as satisfying the requirements of divisions (A)(1) and (F)(H)(1) of this section, to determine whether the applicant, officer, or qualifying agent meets the requirements of division (A)(1)(a) of this section. If the bureau assesses the superintendent a fee for the investigation, the superintendent, in addition to any other fee allowed under this chapter, shall assess the applicant, officer, or qualifying agent, as appropriate, a fee that is equal to the fee assessed by the bureau. As an alternative to an investigation conducted by the bureau of criminal identification and investigation, the superintendent may accept the results of an investigation of the applicant conducted by the federal bureau of investigation, provided that the investigation conducted by the federal bureau of investigation covers the state and was conducted not more than twelve months prior to the time the results are provided to the superintendent.

(D) If the director superintendent determines that the applicant, officer, or qualifying agent meets the requirements of divisions (A)(1)(a), (b) and (d) of this section and that an officer or qualifying agent meets the requirement of division (F)(1) of this section, the director superintendent or the testing service vendor shall notify the applicant, officer, or agent of the time and place for the examination. If the director superintendent determines that an applicant does not meet the requirements of divisions (A)(1)(a),(b), and (d) of this section, the director superintendent shall notify the applicant that the applicant's application is refused and refund the license fee. If the director superintendent determines that none of the individuals specified in the application of a corporation as satisfying the requirements of divisions (A)(1) and (F)(H)(1) of this section meet the requirements of divisions (A)(1)(a), (b), and (d) and (F)(1) of this section, the director superintendent shall notify the corporation that its application is refused and refund the license fee. If the director requests an investigation of any applicant, officer, or qualifying agent and if the bureau assesses the director a fee for the investigation, the director, in addition to any other fee assessed pursuant to this chapter, may assess the applicant, officer, or qualifying agent, as appropriate, a fee that is equal to the fee assessed by the bureau.

(D)(E) If upon application, investigation, and examination, the director superintendent finds that the applicant or, in the case of a corporation, any officer or qualifying agent specified in the application as satisfying the requirements of divisions (A)(1) and (F)(H)(1) of this section, meets the applicable requirements, the director superintendent shall issue the applicant or the corporation a class A, B, or C license. The director superintendent also shall issue an identification card to an applicant, but not an officer, or qualifying agent of a corporation, who meets the applicable requirements an identification card. The license and identification card shall state the licensee's name, the classification of the license, the location of the licensee's principal place of business in this state, and the expiration date of the license and, in the case of a corporation, it also shall state the name of each officer or qualifying agent who satisfied the requirements of divisions (A)(1) and (F)(1) of this section.

If the applicant is prohibited by state or federal law from carrying a firearm, the superintendent shall make a designation to reflect the prohibition on the identification card issued under this section.

(F)(1) Licenses expire annually on the first day of March following the date of initial issue, and on the first day of March of each year thereafter. Renewals shall be according to the standard renewal procedures contained in Chapter 4745. of the Revised Code, upon payment of a renewal fee of two hundred fifty dollars. No

(2) Prior to the first day of March of each year, licensees shall file with the superintendent an annual renewal form, the required renewal fee, and any additional information as prescribed by the superintendent.

(3) In conjunction with the annual renewal, the superintendent shall request the bureau of criminal identification and investigation to conduct an investigation of the licensee, or in the case of a corporation, of each officer or qualifying agent. If the bureau assesses the superintendent a fee for the investigation, the superintendent, in addition to any other fee allowed under this chapter, shall assess the licensee, officer, or qualifying agent, as appropriate, a fee that is equal to the fee assessed by the bureau. As an alternative to an investigation conducted by the bureau of criminal identification and investigation, the superintendent may accept the results of an investigation of the licensee, officer, or qualifying agent conducted by the federal bureau of investigation, provided that the investigation conducted by the federal bureau of investigation covers the state and was conducted not more than twelve months prior to the time the results are provided to the superintendent.

(4) The superintendent shall not renew the individual licensee's license or corporation's license until the background investigation required in division (F)(3) of this section is complete.

(5) No license shall be renewed if the licensee or, in the case of a corporation, each officer or qualifying agent who qualified the corporation for licensure no longer meets the applicable requirements of division (A)(1)(a) of this section. No

(6) No license shall be renewed unless the licensee provides evidence of workers' compensation risk coverage and unemployment compensation insurance coverage, other than for clerical employees and excepting sole proprietors who are exempted therefrom, as provided for in Chapters 4123. and 4141. of the Revised Code, respectively, as well as the licensee's state tax identification number. No reexamination shall be required for renewal of a current license.

For purposes of this chapter, a class A, B, or C license issued to a corporation shall be considered as also having licensed the individuals who qualified the corporation for licensure, for as long as they are associated with the corporation.

For purposes of this division, "sole proprietor" means an individual licensed under this chapter who does not employ any other individual.

(E)(7) In the case of a corporation, the expiration of the corporate license shall result in the expiration of the license of each licensee affiliated with that corporation and the license of each individual who qualified the corporation for licensure.

(8) Any licensee may file a renewal form to renew the licensee's license after the first day of March but on or before the thirty-first day of May in any year by filing with the superintendent the required renewal form, the standard renewal fee of two hundred fifty dollars, and a late renewal fee of one hundred twenty-five dollars.

(9) Failure to renew a license by the thirty-first day of May in any year shall result in the automatic revocation of a licensee's license. In the case of a corporation, the revocation of the corporation's license shall result in the automatic revocation of the license of each licensee affiliated with the corporation and the license of each individual who qualified the corporation for licensure. Individuals or corporations whose license has been revoked must complete all of the initial requirements for license as provided in this section.

(G) The director superintendent may issue a duplicate copy of a license issued under this section for the purpose of replacement of a lost, spoliated, or destroyed license, upon payment of a fee fixed by the director superintendent, not exceeding twenty-five dollars. Any change in license classification requires a new application and application fees payment of the required license fee.

(F)(H)(1) In order to qualify a corporation for a class A, B, or C license, an officer or qualifying agent may qualify another corporation for similar licensure, provided that the officer or qualifying agent is actively engaged in the business of both corporations.

(2) Each officer or qualifying agent who qualifies a corporation for class A, B, or C licensure shall surrender any personal license of a similar nature that the officer or qualifying agent possesses.

(3) Upon written notification to the director superintendent, completion of an application similar to that for original licensure, surrender of the corporation's current license, and payment of a twenty-five dollar fee, a corporation's class A, B, or C license may be transferred to another corporation.

(4)(3) Upon written notification to the director superintendent, completion of an application similar to that for an individual seeking class A, B, or C licensure, payment of a twenty-five dollar fee, and, if the individual was the only individual that qualified a corporation for licensure, surrender of the corporation's license, any officer or qualifying agent who qualified a corporation for licensure under this chapter may obtain a similar license in the individual's own name without reexamination. A request by an officer or qualifying agent for an individual license shall not affect a corporation's license unless the individual is the only individual that qualified the corporation for licensure or all the other individuals who qualified the corporation for licensure submit such requests.

(G)(I) If a corporation is for any reason no longer associated with an individual who qualified it for licensure under this chapter, an officer of the corporation shall notify the director superintendent of that fact by certified mail, return receipt requested, within ten days after the association terminates. If the notification is so given, the individual was the only individual that qualified the corporation for licensure, and the corporation submits the name of another officer or qualifying agent to qualify the corporation for the license within thirty days after the association terminates, the corporation may continue to operate in the business of private investigation, the business of security services, or both businesses in this state under that license for ninety days after the association terminates. If the officer or qualifying agent whose name is so submitted satisfies the requirements of divisions (A)(1) and (F)(H)(1) of this section, the director superintendent shall issue a new license to the corporation within that ninety-day period. The names of more than one individual may be so submitted.

Sec. 4749.04.  (A) The director of commerce superintendent of real estate and professional licensing may revoke, suspend, or refuse to renew, when a renewal form has been submitted, the license of any private investigator or security guard provider, or the registration of any employee of a private investigator or security guard provider registrant, for any of the following:

(1) Violation of any of the provisions of division (B) or (C)(D) of section 4749.13 of the Revised Code;

(2) Conviction of a felony or a crime involving moral turpitude;

(3) Violation of any rule of the director superintendent governing private investigators, the business of private investigation, security guard providers, or the business of security services;

(4) Testifying falsely under oath, or suborning perjury, in any judicial proceeding;

(5) Failure to satisfy the requirements specified in division (D) of section 4749.03 of the Revised Code maintain and carry a registration card and, if applicable, certification of firearm training issued by the Ohio peace officer training commission;

(6) Failure to comply with a subpoena;

(7) Failure to report any criminal convictions of any registrant operating under a class A, B, or C license or any affiliated licensee;

(8) Failure to keep complete and accurate records of all personnel records for a period of two years from the date of hire, employment, or compensation for any services;

(9) Failure to keep complete and accurate records of all weapon certifications and recertifications for a period of two years;

(10) Acting in a manner that requires a license or registration under this chapter or acting with an expired or revoked license or registration;

(11) In the case of a licensee, failure to require all registrants of the licensee who carry firearms as part of the employee's job duties, to carry and maintain a valid certification of firearm training issued by the Ohio peace officer training commission;

(12) Carrying a firearm when the identification card issued under this chapter contains a prohibition against carrying firearms;

(13) Failure to timely submit quarterly reports and termination notices in accordance with rules adopted by the superintendent.

Any person whose license or registration is revoked, suspended, or not renewed when a renewal form is submitted may appeal in accordance with Chapter 119. of the Revised Code.

(B) In lieu of suspending, revoking, or refusing to renew the class A, B, or C license, or of suspending, revoking, or refusing to renew the registration of an employee a registrant of a class A, B, or C licensee, the director of commerce superintendent, by issuing an administrative order subject to the provisions of Chapter 119. of the Revised Code, may impose a civil penalty of not less than one hundred dollars or more than two one hundred dollars for each calendar day of a violation of any of the provisions of this section or of division (B) or (C) of section 4749.13 of the Revised Code or of a violation of any rule of the director superintendent governing private investigators, the business of private investigation, security guard providers, or the business of security services.

(C) In the case of a violation of division (A)(10) of this section, calendar days shall be calculated consecutively from the first day of hire to the date the superintendent determines the licensee is in violation of that division.

Sec. 4749.05.  (A) Each class A, B, or C licensee shall report the location of branch offices to the department of commerce, and to the sheriff of the county and the police chief of any municipal corporation in which the office is located division of real estate and professional licensing, and shall post a branch office license conspicuously in that office. Application for a branch office license shall be made on a form prescribed by the director of commerce superintendent of real estate and professional licensing, and a license shall be issued upon receipt of the form and payment of a fee fixed by the director superintendent, not exceeding one hundred dollars. If a licensee moves an office, he the licensee shall notify, in writing, the department of commerce and any affected sheriff and chief of police within forty-eight hours of the change division of real estate and professional licensing.

This division does not apply to a licensed private investigator who is engaging in the business of private investigation as a registered employee registrant of a licensed private investigator.

(B) No class A, B, or C licensee, or any of his employees, shall engage in the business of private investigation or the business of security services unless, within twelve hours of his arrival, he reports his presence and length of stay to the sheriff and police chief of any county or municipal corporation in which he operates.

Sec. 4749.06.  (A) Each class A, B, or C licensee (1) Except as provided in division (F) of this section, each person employed by a class A, B, or C licensee as an investigator or security guard shall register his investigator or security guard employees, with the department of commerce, which division of real estate and professional licensing. All class A, B, or C licensees shall maintain a record of each licensee and registered employee registrant and employee exempt from registration and make it available, upon request, to the division or any law enforcement agency. The Each person employed by a class A, B, or C licensee as an investigator or security guard employee shall file an application to register a new employee no sooner than three days nor not later than seven calendar days after the date on which the employee is hired.

(2) Partners or other affiliates of a class A, B, or C licensee may register as a registrant of a class A, B, or C licensee, provided the partner or other affiliate meets the registration requirements of this section.

(B) Each employee's (1) Unless otherwise established by rule, each registration application shall be accompanied by a fingerprint notice form or one complete set of his the applicant's fingerprints, one recent photograph of the employee, his the applicant's physical description, and an eighteen dollar initial registration fee established by the superintendent by rule, not to exceed twenty-three dollars.

If the director requests (2) The superintendent of real estate and professional licensing shall request the bureau of criminal identification and investigation to conduct an investigation of a licensee's employee and if an applicant for registration. If the bureau assesses the director superintendent a fee for the investigation, the director superintendent, in addition to any other fee assessed pursuant to this chapter, may shall assess the licensee applicant a fee that is equal to the fee assessed by the bureau. If

As an alternative to an investigation conducted by the bureau of criminal identification and investigation, the superintendent may accept the results of an investigation of the applicant conducted by the federal bureau of investigation, provided that the investigation conducted by the federal bureau of investigation covers the state and was conducted not more than twelve months prior to the time the results are provided to the superintendent. If, after investigation, the bureau the completion of any background investigation authorized under this chapter or rule adopted under this chapter, the superintendent finds that the employee applicant has not been convicted of a felony within the last twenty years, the director superintendent shall issue to the applicant an identification card bearing the license a registration number and signature of the licensee, which in the case of a corporation shall be the signature of its president or its qualifying agent, and containing the employee's applicant's name, address, age birthdate, physical description, and right thumb print or other identifying mark as the director prescribes, a recent photograph of the employee, and his the applicant's signature. The director

(3) If the applicant is prohibited by state or federal law from carrying a firearm, the superintendent shall make a designation to reflect the prohibition on the identification card issued under this section.

(4) The superintendent may issue a duplicate of a lost, spoliated, or destroyed identification card issued under this section, upon payment of a fee fixed by the director superintendent, not exceeding five dollars.

(C) No Except as provided in division (E) of this section, no class A, B, or C licensee shall permit an employee, partner, or other affiliate, other than an individual who qualified a corporation for licensure, to engage in the business of private investigation, the business of security services, or both businesses until the employee, partner, or other affiliate, receives an identification card from the department, except that pending the issuance of an identification card, a class A, B, or C licensee may offer for hire, on a temporary basis not to exceed ninety days from the date of hire, security guard or investigator employees provided the licensee obtains a waiver from the person who receives, for hire, security guard or investigative services, acknowledging that the person is aware the employees, partners, or other affiliates have not completed their registration and agreeing to their employment.

(D) If a class A, B, or C licensee, or a registered employee of a class A, B, or C licensee, registrant intends to carry a firearm, as defined in section 2923.11 of the Revised Code, in the course of engaging in the business or employment, he either the licensee or registrant shall satisfactorily complete a firearms basic training program that includes twenty hours of handgun training and five hours of training in the use of other firearms, if any other firearm is to be used, or equivalency training, if authorized, or shall be a former peace officer who previously had successfully completed a firearms training course, shall receive a certificate of satisfactory completion of that program or written evidence of approval of the equivalency training, shall file an application for registration, shall receive a firearm-bearer notation on his identification card, and shall annually requalify on a firearms range, all as described in division (A) of section 4749.10 of the Revised Code. A private investigator, security guard provider, or employee is authorized to carry a firearm only in accordance with that division carry at all times during the course of employment the identification card issued under this chapter and certification of firearm training issued by the Ohio peace officer training commission.

(E) This section does not apply to commissioned peace officers, as defined in division (B) of section 2935.01 of the Revised Code, working for, either as an employee or independent contractor, a class A, B, or C licensee. For purposes of this chapter, a commissioned peace officer is an employee exempt from registration.

(F) No registrant shall independently contract to engage in the business of security services or private investigation.

(G) Any person properly registered under this section may work for any properly licensed class A, B, or C licensee, with no limit on the number of licensees for whom a registrant may work.

Sec. 4749.061. (A) Registrants shall renew their registration on or before the date the superintendent has adopted by rule, in accordance with section 4749.02 of the Revised Code, by doing all of the following:

(1) Filing a renewal form with the superintendent of real estate and professional licensing;

(2) Paying the renewal fee establish by the superintendent by rule, not to exceed eighteen dollars;

(3) Providing any information required by the superintendent.

(B) In conjunction with the biannual renewal, the superintendent shall request the bureau of criminal identification and investigation to conduct an investigation of the registrant. If the bureau assesses the superintendent a fee for the investigation, the superintendent, in addition to any other fee allowed under this chapter, shall assess the registrant a fee that is equal to the fee assessed by the bureau. As an alternative to an investigation conducted by the bureau of criminal identification and investigation, the superintendent may accept the results of an investigation of the registrant conducted by the federal bureau of investigation, provided that the investigation conducted by the federal bureau of investigation covers the state and was conducted not more than twelve months prior to the time the results are provided to the superintendent.

The superintendent shall not renew the individual registration until the background investigation required under this section is complete and the superintendent has determined that the registrant has not been convicted of a felony within the twenty years preceding the year of renewal.

(C) Failure to renew registration within the time limits set forth in this section shall result in the immediate revocation of the registration. A person with a revoked registration may not operate as a registrant and must satisfy the requirements of section 4749.06 of the Revised Code to obtain a new registration.

Sec. 4749.08.  (A) No class A, B, or C licensee, or registered employee of a class A, B, or C licensee registrant shall be considered, because of licensure or registration under this chapter, a law enforcement officer for any purpose. Nothing in this chapter shall be construed as granting the right to carry a concealed weapon.

(B) The rules of the department superintendent of commerce real estate and professional licensing adopted for the administration of this chapter shall include provisions to assure that any uniform or identification card shall be so designed as to avoid confusion of a private investigator, security guard provider, or registered employee registrant with any law enforcement officer in this state.

Sec. 4749.11.  (A) The director superintendent of commerce real estate and professional licensing may investigate any applicant for a class A, B, or C license, any principal officer or qualifying agent of a corporation who is specified in an application for licensure as satisfying the requirements of divisions (A)(1) and (F)(H)(1) of section 4749.03 of the Revised Code, and any employee of a class A, B, or C licensee who seeks to be registered under section 4749.06 of the Revised Code to determine whether the individual satisfies the applicable requirements for licensure or registration.

(B) The director of commerce superintendent may investigate, on his the superintendent's own initiative, the actions or proposed actions of a class A, B, or C licensee, or registered employee of a class A, B, or C licensee registrant to determine whether the person is, has been, or will be in violation of section 4749.04 or 4749.13 of the Revised Code. The director superintendent shall investigate any of these persons if a verified written complaint is filed indicating that a person has violated, or is or will be violating, section 4749.13 of the Revised Code, the complaint is supported by evidence submitted with it, and the director superintendent determines that a prima-facie case exists that a violation of that section is being, has been, or will be committed by the person.

(C) The director of commerce superintendent may investigate, on his the superintendent's own initiative, the actions or proposed actions of a person who is not licensed or registered under this chapter and who appears to be acting as a class A, B, or C licensee, or employee of a class A, B, or C licensee. The director superintendent shall investigate such a person if a verified written complaint is filed indicating that a person was, is, or will be acting as a class A, B, or C licensee or employee of a class A, B, or C licensee but is not licensed or registered as such under this chapter, the complaint is supported by evidence that is submitted with it, and the director superintendent determines that a prima-facie case exists that the person was, is, or will be acting in the alleged manner.

(D) In connection with investigations under divisions (B) and (C) of this section, the director of commerce superintendent may file an action with the court of common pleas of Franklin county or the court of common pleas of the county in which the person who is the subject of the investigation resides, is engaging in actions, or proposing to engage in actions, to obtain an injunction, restraining order, or other appropriate relief.

(E) The director of commerce superintendent may compel by subpoena witnesses to appear and testify in relation to investigations under this chapter and may require by subpoena duces tecum the production of any book, paper, or document pertaining to an investigation. If a person does not comply with a subpoena or subpoena duces tecum, the director of commerce superintendent may apply to the court of common pleas of Franklin county for an order compelling the person to comply with the subpoena or subpoena duces tecum or, for failure to do so, to be held in contempt of court.

(F) If, in an investigation under division (C) of this section, the director determines that a person is not a class A, B, or C licensee, or a registered employee of a class A, B, or C licensee, and that the person was, is, or will be acting in the alleged manner, the director may issue an order to the person to show cause why he should not be subject to licensing or registration under this chapter. The director shall hold a hearing on the order, and if following the hearing he determines that the person has engaged, or is or will be engaging, in activities requiring licensure or registration under this chapter, he superintendent may issue a cease and desist order that shall describe the person and the activities that are the subject of it. The cease and desist order is enforceable in and may be appealed to a court of common pleas pursuant to Chapter 119. of the Revised Code.

(G) In any proceeding or action brought under this chapter, the burden of proving an exemption from the licensure requirements of this chapter is on the person claiming the benefit of the exemption.

(H) All information obtained by investigators performing investigations under this section is confidential, except the superintendent may waive this confidentiality requirement for either of the following reasons:

(1) To allow the information to be used by the department of commerce or for it to be used in any administrative or court proceeding authorized by or deriving from the administration of this chapter;

(2) To provide for data sharing with any state agency of employment records of licensees, registrants, employees exempt from registration, unlicensed persons, nonregistered employees, or other persons.

(I) Not more than sixty business days after the date of initial investigation conducted under division (B) of this section, the investigator shall issue a written report of the results of the investigation to the superintendent. Not more than fourteen business days after a written report is filed with the superintendent, the superintendent shall determine whether there exists reasonable and substantial evidence of a violation of section 4749.04 or 4749.13 of the Revised Code. If the superintendent finds that evidence of a violation exists, within seven business days of the determination, the superintendent shall notify the licensee, registrant, or other person of the superintendent's determination and schedule a hearing under Chapter 119. of the Revised Code, except that the registrant, licensee, or superintendent may request an extension for up to thirty business days for good cause shown.

(J) Not later than twenty-five business days after the last day of hearings under Chapter 119. of the Revised Code, the hearing examiner shall file a report of findings of fact and conclusions of law with the superintendent.

(K) Within fifteen business days of the submission of the hearing examiner report to the superintendent, the superintendent shall do both of the following:

(1) Review the report of the hearing examiner and determine whether to impose disciplinary sanctions upon the licensee or registrant for violation of section 4749.04 or 4749.13 of the Revised Code;

(2) Issue an order setting forth the superintendent's determination along with any sanctions to be imposed, subject to Chapter 119. of the Revised Code.

Sec. 4749.12.  (A) A person who is a resident of another state, is licensed as a private investigator, security guard provider, or as a private investigator and a security guard provider in another state, and wishes to engage in the business of private investigation, the business of security services, or both businesses in this state, shall be licensed pursuant to section 4749.03 of the Revised Code, but the director superintendent of commerce real estate and professional licensing may waive the examination requirement requirements of that section and issue a license to a nonresident under the circumstances described in division (B) of this section.

(B) If a nonresident private investigator, security guard provider, or private investigator and security guard provider seeking licensure under this chapter submits with the application and accompanying matter specified in section 4749.03 of the Revised Code proof of licensure in another state, and if the licensure requirements of the other state are substantially similar to the requirements of divisions (A)(1)(a), (b), and (d) and, if applicable, (F)(H)(1) of section 4749.03 of the Revised Code are satisfied and the nonresident meets all current requirements of the laws of the other state regulating the business of private investigation, the business of security services, or both businesses, the director of commerce superintendent may waive the examination requirement and fee of that section. This waiver authority may be exercised only if the director determines that the other state has a law similar to this division and extends to residents of this issue an Ohio class A, B, or C license, as appropriate, provided that the superintendent determines that the other state a similar waiver of examination privilege private investigator and security guard licensing laws are similar to those found in this chapter and that state extends similar recognition to Ohio licensees.

Sec. 4749.13.  (A) No person shall engage in the business of private investigation, the business of security services, or both businesses in this state unless he the person is licensed pursuant to this chapter. Each calendar day of continuing violation constitutes a separate offense. Nothing in this chapter shall be construed to require any employee of a class A, B, or C licensee to obtain a class A, B, or C license, provided that an employee shall be registered by a licensee when as required by section 4749.06 of the Revised Code. Nothing in this chapter shall be construed to require a partner to be a class A, B, or C licensee except as provided in division (A)(3) of section 4749.03 of the Revised Code. Nothing in this chapter shall be construed to require a director, officer, or qualifying agent of a corporation to individually be a class A, B, or C licensee if the corporation is licensed pursuant to this chapter.

(B) No class A, B, or C licensee, or registered employee of a class A, B, or C licensee registrant shall:

(1) Knowingly violate Violate any provision of this chapter or any rule of the director superintendent of commerce real estate and professional licensing adopted for the administration of this chapter;

(2) Knowingly make a Make any false report reports with respect to any matter with which he the licensee or registrant is retained or employed;

(3) Divulge any information acquired from or for a client to persons other than the client or his the client's authorized agent without express authorization to do so or unless required by law;

(4) Knowingly accept employment which includes obtaining information intended for illegal purposes.

(C) Any licensee or registrant convicted of a felony shall notify the superintendent in writing. The notice must be received by the superintendent within five calendar days of the conviction. If a licensee or registrant fails to notify the superintendent of a felony conviction, within the time allowed by this section, the superintendent shall immediately revoke the license of the licensee or the registration of the registrant.

(D) No person shall knowingly authorize or permit another person to violate any provision of this chapter or any rule of the director of commerce superintendent adopted for the administration of this chapter.

(D)(E) No person who is not licensed as a class A, B, or C licensee shall advertise that he the person is or otherwise hold himself oneself out as a class A, B, or C licensee. This division does not prohibit registered employees registrants from indicating in the course of authorized employment for, or affiliation with, a class A, B, or C licensee that they are authorized to engage in investigatory, security services activities, or both activities.

Sec. 4749.14.  On receipt of a notice pursuant to section 3123.43 of the Revised Code, the director superintendent of commerce real estate and professional licensing shall comply with sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code with respect to a license issued pursuant to this chapter.

Sec. 4749.99.  (A) Except as otherwise provided in this division, whoever violates division (A) of section 4749.13 of the Revised Code is guilty of a misdemeanor of the first degree. Whoever violates division (A) of section 4749.13 of the Revised Code and previously has been convicted of one or more violations of division (A) of that section is guilty of a felony of the fifth degree. If the offender previously has been convicted of two or more violations of division (A) of that section, the offender shall be fined ten thousand dollars and also may be imprisoned not more than one year.

(B) Whoever violates division (B), (C), or (D), or (E) of section 4749.13 of the Revised Code shall be fined not less than one hundred or more than one thousand dollars, imprisoned not more than one year, or both.

Section 2.  That existing sections 109.75, 109.78, 4749.01, 4749.02, 4749.03, 4749.04, 4749.05, 4749.06, 4749.08, 4749.11, 4749.12, 4749.13, 4749.14, and 4749.99 and section 4749.10 of the Revised Code are hereby repealed.

Section 3.  Section 109.75 of the Revised Code is presented in this act as a composite of the section as amended by both Am. Sub. H.B. 566 and Sub. H.B. 670 of the 121st General Assembly. Section 4749.01 of the Revised Code is presented in this act as a composite of the section as amended by both Am. Sub. S.B. 162 and Am. H.B. 229 of the 121st General Assembly. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composites are the resulting versions of the sections in effect prior to the effective date of the sections as presented in this act.