Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 40 - PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES (§§ 17-40-101 — 17-40-356) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-40-101 — 17-40-108) › Section 17-40-103 - Exemptions

(a)
This chapter does not apply to:
(1)
A person employed exclusively and regularly by one (1) employer in connection with the affairs of that employer only and where there exists an employer-employee relationship;
(2)
An officer or employee of the United States, of this state, or of a political subdivision of either, while the employee or officer is engaged in the performance of official duties;
(3)
A person not in the employ of another law enforcement officer and who has part-time or full-time employment as a law enforcement officer and who is certified by the Arkansas Commission on Law Enforcement Standards and Training as a law enforcement officer and receives compensation for private employment on an individual or an independent contractor basis as a patrolman, guard, or watchman if the person is:
(A)
Employed in an employee-employer relationship; or
(B)
Employed on an individual contractual basis;
(4)
A person engaged exclusively in the business of obtaining and furnishing information for purposes of credit worthiness or 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;
(6)
A licensed attorney in performing his or her duties, or an employee of an attorney only in connection with providing investigative services to the attorney and his or her practice;
(7)
Admitted insurers, insurance adjusters, agents, and insurance brokers licensed by the state performing duties in connection with insurance transacted by them;
(8)
An officer, employee, or agent of a communications common carrier, as defined in
47 U.S.C. § 153(11)
, while engaged in the normal course of business of the carrier or protecting the carrier or a user of the services of that carrier from fraudulent, unlawful, or abusive use of services;
(9)
A professional engineer registered with the State Board of Licensure for Professional Engineers and Professional Surveyors engaged in providing investigative services as outlined in this chapter;
(10)
A person that sells or manufactures alarm systems, unless such a person or business performs any service as an alarm systems company;
(11)
Installation, servicing, or responding to fire alarm systems or any alarm device that is installed in a motor vehicle, aircraft, or boat;
(12)
Installation of an alarm system on property owned by or leased to the installer;
(13)
Installation of fixed fire extinguisher systems by persons licensed by the Arkansas Fire Protection Licensing Board;
(14)
Installation of the raceway, conductors, and components of a fire alarm system by an entity holding a valid Arkansas contractor's license, electrical classification, when the systems are furnished by alarm systems companies licensed under this chapter, provided the alarm systems company:
(A)
Furnishes a system designed to comply with applicable codes and standards;
(B)
Furnishes the installing contractor with wiring diagrams and specifications for the required conductors;
(C)
Provides periodic job site inspections of the installation in progress;
(D)
Connects and installs the system components;
(E)
Tests the completed installation in compliance with the Arkansas Fire Prevention Code and NFPA standard number 72: National Fire Alarm and Signaling Code, 2013 Edition, providing the owner's representative and the local fire marshal with test documentation; and
(F)
Instructs the system owner's representative and provides operator manuals for the installed system;
(15)
Alarm system agents, alarm system apprentices, and alarm system technicians for a class E-S license are exempt from the requirements for National Burglar and Fire Alarm Association Level 1 and 2 certification;
(16)
An agent, employee, or sales representative of an alarm systems company, if the agent, employee, or sales representative:
(A)
Does not alter, install, maintain, move, repair, replace, service, or reconfigure an alarm system or any individual component connected to an alarm system at an end-user's premises; and
(B)
Is not granted access to passwords or codes that can be used to arm or disarm the alarm system installed at a specific end-user premises;
(17)
A certified public accountant licensed by the state performing his or her duties, only in connection with providing investigative services, and all employees, independent contractors, or agents acting under the supervision of a certified public accountant licensed by the state, only in connection with providing investigative services to the certified public accountant and his or her practice; and
(18)
(A)
Installation of a device that is on property owned or leased by a person monitoring the device.
(B)
As used in subdivision (a)(18)(A) of this section, "device" includes without limitation an electrical, electronic, or mechanical alarm signal device, burglar alarm, television camera, or still camera used to manually or automatically signal or detect a burglary, an act of breaking and entering, shoplifting, pilferage, theft, a holdup, or other illegal or unauthorized activity.
(C)
(i)
A technician who is installing a device as described in subdivision (a)(18)(A) of this section is required to submit to a state and national criminal background check to be conducted by the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation.
(ii)
The state and national criminal background check described in subdivision (a)(18)(C)(i) of this section shall:
(a)
Conform to all applicable federal standards; and
(b)
Include the taking of fingerprints.
(b)
(1)
If the security department of a private business or school hires or employs an individual in the capacity of a commissioned security officer or commissioned school security officer, the security department of the private business or school is not required to make application to the Division of Arkansas State Police for any license under this chapter.
(2)
However, the private business or school is required to be recognized by the Director of the Division of Arkansas State Police as a private business or school for the purpose of employing the commissioned security officer or commissioned school security officer.
(c)
Notwithstanding any other provision of this chapter, employees of a licensee who are employed exclusively as undercover agents are not required to register with the director under this chapter.
Amended by Act 2021, No. 660,§ 1, eff. 7/28/2021.
Amended by Act 2019, No. 910,§ 5961, eff. 7/1/2019.
Amended by Act 2015, No. 393,§ 41, eff. 9/1/2015.
Amended by Act 2013, No. 1475,§ 1, eff. 8/16/2013.
Acts 1977, No. 429, §§ 3, 38; 1979, No. 907, § 4; 1983, No. 899, § 3; 1985, No. 756, § 1; A.S.A. 1947, §§ 71-2124, 71-2159; Acts 1987, No. 630, § 1; 1989, No. 651, § 2; 1989, No. 926, § 2; 1991, No. 709, § 1; 1999, No. 1493, § 2; 2001, No. 1474, § 4.