2022 Georgia Code
Title 43 - Professions and Businesses
Chapter 38 - Operators of Private Detective Businesses and Private Security Businesses
§ 43-38-14. Exceptions to Operation of Chapter; Local Regulation
- This chapter shall not apply to:
- An officer or employee of the United States of America or of this state or a political subdivision thereof while the employee or officer is engaged in the performance of official duties;
- A person engaged in the business of furnishing information in connection with credit or marketing and a person or firm engaged as a consumer reporting agency, as defined by the federal Fair Credit Reporting Act;
- An attorney at law or a bona fide legal assistant in performing his or her duties;
- Admitted insurers, agents, and insurance brokers licensed by the state while performing duties in connection with insurance transacted by them;
- A firm engaged in the business of independent insurance claims adjusting whose employees hold a valid Georgia adjuster’s license;
- The employees of a firm identified in paragraph (5) of this subsection; or
- Any person with a valid peace officer certification issued pursuant to Chapter 8 of Title 35, the “Georgia Peace Officer Standards and Training Act,” who is employed by or works as an independent contractor for a licensed private security business or private detective business.
- This chapter shall not prevent the local authorities of any municipality or county, by ordinance and within the exercise of the police power of such municipality or county, from imposing local regulations upon any street patrol, special officer, or person furnishing street patrol service, including regulations requiring registration with an agency to be designated by such municipality or county.
- This chapter shall not apply to a person or corporation which employs persons who do private security work in connection with the affairs of such employer only and who have an employer-employee relationship with such employer. Neither such persons or corporations nor their employees shall be required to register or be licensed under this chapter, although such persons or corporations or their employees may elect to be licensed under this chapter.
History. Ga. L. 1973, p. 40, § 15; Ga. L. 1975, p. 785, § 1; Ga. L. 1978, p. 1515, § 2; Ga. L. 1981, p. 1828, § 12; Ga. L. 1982, p. 3, § 43; Ga. L. 1991, p. 1027, § 3; Ga. L. 2000, p. 1161, § 7; Ga. L. 2011, p. 415, § 1/HB 53; Ga. L. 2022, p. 111, § 2/HB 1441.
The 2022 amendment, effective July 1, 2022, deleted “or” from the end of paragraph (a)(5), substituted “; or” for a period at the end of paragraph (a)(6); redesignated the former introductory language of subsection (b) as paragraph (a)(7), and substituted “licensed private security business or private detective business.” for “licensed:” at the end; deleted former paragraphs (b)(1) and (b)(2), which read: “(1) Private security business shall be exempt from any training provisions required by this chapter for such business and shall be deemed to have satisfied all board rules and regulations relative to training; and
“(2) Private detective business or private security business shall be exempt from further licensure under this chapter and shall be permitted to carry a firearm without obtaining any weapons permit from the board; provided, however, that such licensed private detective business or private security business shall be required to register such employee or independent contractor with the board.”; and redesignated former subsections (c) and (d) as present subsections (b) and (c), respectively.