Chap. 342.—An ACT to create a State Board of Photographic Examiners; to
provide for the appointment, removal, compensation, powers and duties of
the members, agents and employees of the said Board; to provide for the
examination and registration of persons desiring to practice photography and
the licensing of persons, firms, corporations and associations engaging in
the practice of photography in this State; to provide for the collection of
certain fees for such examinations, registrations, and licenses, and to ap-
propriate moneys derived therefrom; to prohibit certain practices in violation
of this act; and to prescribe penalties. [H B 298]

Approved March 31, 1938

1. Be it enacted by the General Assembly of Virginia as follows:

Section 1. Whenever used in this act, the following terms shall
have the following meanings, unless a different meaning clearly appear
from the context:

(a) “Board” shall mean the State Board of Photographic Exami-
ners created by section two of this act.

(b) “Branch of photography” shall mean portrait photography,
commercial photography, or photo-finishing.
(c) “Commercial photography” shall mean photography other than
portrait photography. ,

(d) “Licensee” shall mean any person, firm, corporation or asso-
ciation who is granted a license under section five of this act, and
whose license has not expired.

(e) “Photo-finishing”’ shall mean the reproducing or transferring
of any photographic image, either negative or positive, not produced
by or the property of the photo-finisher, upon sensitized material by
aid of light and chemical action, and the development and fixation
of such reproduced or transferred image.

(f) “Photo-finisher” shall mean the person under whose super-
vision photo-finishing is done in any photographic establishment.

(g) “Photographer” shall mean any person who engages in
photography.

(h) “Photographic establishment” shall mean any studio, labora-
tory, plant or other business or establishment operated for the pur-
pose of carrying on any branch of photography for compensation.

(1) “Photography” shall mean the process of recording or re-
producing a visible or invisible image through the action of light
upon chemically sensitized material or of projecting and registering
images by means of lens or camera upon sensitized materials, or of
developing and fixing of the latent image to render the same visible
or permanent, and the subsequent reproduction or transfer of such
image, either negative or positive, upon sensitized material by the aid
of light and chemical action.

(j) “Portrait photography” shall mean the production of por-
traits by means of photography.

(k) “The practice of photography” shall mean the profession,
occupation, business or vocation of taking or producing photographs
or of performing any photographic or photo-finishing work or service,
for compensation or profit or in the hope or expectation of securing
compensation or profit therefrom, but shall not include photo-finishing
performed by any person employed by or working under the super-
vision of a registered photo-finisher, nor shall it include any person,
whose business, occupation or vocation is other than that of the prac-
tice of photography as herein defined, who occasionally takes, pro-
duces photographic or photo-finishing work for compensation.

Section 2. There is hereby created a board, to be known as the
“State Board of Photographic Examiners’. The board shall consist
of five members appointed by the Governor, each of whom shall be
resident of the State of Virginia and shall have had not less than
five (5) years experience as a professional photographer or photo-
finisher. The members first appointed shall be appointed two for a
term of one year, two for a term of two years, and one for a term of
three years. Subsequent appointments shall be for terms of three
years, except appointments to fill vacancies, which shall be for the
unexpired terms. Members of the board may be suspended or re-
moved by the Governor at his pleasure. Three members of the board
shall constitute a quorum. The members of the board shall receive
as compensation for their services the sum of seven dollars per day
for each day actually spent and shall be paid the expense actually in-
curred by them in the performance of their duties under this act.
Each member of the board shall, before entering upon the discharge
of his duties, qualify by taking the usual oath of office before the
circuit court of the county or corporation court of the city in which
he resides, or before the clerk of such court.

The members of the board shall annually elect one of their number
chairman. The board shall maintain an office in such place as it shall
determine. The board may appoint and fix the compensation of a
secretary, who shall serve at its pleasure and who may or may not
be a member of the board. The secretary shall keep a record of the
proceedings of the board, shall receive and account for all moneys
derived from the operation of this act, and shall perform such other
duties as the board may from time to time direct. He shall give
bond in such sum and with such surety as the board may from time
to time determine, conditioned upon the faithful performance of his
duties. The board shall have the power to appoint, remove, prescribe
the duties and fix the compensation of all agents and employees, tech-
nical, legal, or otherwise, necessary to carry out the provisions of
this act.

Section 3. (a) The board shall keep a record, which shall be
open to. public inspection at all reasonable times, of its proceedings
relating to the issuance, refusal, renewal and revocation of certificates
of registration and licenses, which record shall include the name, place
of business and residence of every registered photographer and regis-
tered photo-finisher, the date and number of his certificate of regis-
tration and such other information as the board may deem proper
concerning any person, firm or corporation licensed or registered under
the provisions of this act.

(b) The board shall have authority to adopt rules and regulations
to govern its actions and may adopt and enforce all administrative rules
and regulations necessary to carry out the provisions of this act,
which rules and regulations shall be available for public inspection in
the office of the board. The board shall have a common seal and
may alter the same at pleasure.

(c) The board is authorized and empowered to conduct hearings
in any part of the State, and the board or any member designated by
it, may make an inspection of any photographic studio or laboratory,
or photographic establishment. Any such hearing shall be conducted
in accordance with the rules and regulations of the board. In the
conduct of such hearings the chairman of the board, or any member
designated by him for such purpose, shall have the power to administer
oaths and affirmations and issue subpoenas to compel the attendance
of witnesses and the production of books, papers, correspondence and
other records necessary as evidence in connection with the administra-
tion of this act. | | ae

Section 4. (a) Every person desiring to commence the practice
of photography or any branch of photography in this State shall file
an application for a certificate or registration with the board on a
form furnished by it, accompanied by a photograph of such person,
head size not less than two and one-half inches, and shall pay the
fee required in subsection (d) of this section. The board shall pro-
vide a place for, and give, at least twice in each year, written, oral
or practical examinations to any applicant who is qualified under sub-
section (b) of this section, to determine his competency and ability
in the branch or branches of photography which he desires to practice.
Only one examination fee shall be required of any applicant for
examinations taken at the same time.

(b) Before admitting any person to an examination the board
shall require reasonable evidence of the technical qpaltirations of
the applicant.

If such person shall fail to satisfy the board in this respect the
board shall decline to admit such applicant to examination.

(c) The board shall register, in a book kept for such purpose,
every person who shall satisfactorily pass an examination given under
subsection (a) of this section, and shall issue to such person a certifi-
cate of registration stating that such person is qualified to practice
the branch of photography in which he shall have passed such exami-
nation. A separate certificate shall be required for each branch of
photography in which such person is examined, which shall not be
applicable to any other branch of photography.

(d) Each applicant for an examination shall pay to the board,
at the time of making application for such examination, an examination
fee of twenty-five ($25.00) dollars, except that the fee for an exami-
nation exclusively in photo-finishing shall be fifteen ($15.00) dollars.
No fee for examinations shall in any case be refunded, but in case the
applicant fails in the first examination in any branch of photography
he may take three subsequent examinations in the branch in which he
failed, and the fee for each subsequent examination shall be ten
($10.00) dollars.

(e) The board shall issue a temporary certificate of registration
in any branch of photography to any person who shall apply for exami-
nation in such branch of photography and shall pay the fee required
in subsection (d) of this section and shall satisfy the board that he
is qualified under subsection (b) of this section to be admitted to
examination in such branch of photography. Such temporary certifi-
cate shall entitle the holder thereof, upon payment of the license fee
required in section five of this act, to practice such branch of photog-
raphy until such time as the board shall hold its next examination in
such branch. Any such temporary certificate shall become null and
void after the next. examination held by the board in such branch of
photography. The board shall not issue more than one such temporary
certificate in the same branch of photography to any person, except for
cause satisfactory to such board.

(f£) The board shall register and issue a certificate of registration,
without examination, to any person who has been continuously engaged
in the practice of photography in this State for the one year next
preceding the effective date of this act and all persons engaged in the
practice of photography in this State shall, on or before June thirtieth,
nineteen hundred and thirty-eight, make application to the board for
such registration and certificate. Each such application shall be ac-
companied by a fee of five ($5.00) dollars.

(g) Any certificate of registration granted under the provisions
of this section shall remain in force and effect during the life of the
holder thereof, unless revoked by the board as hereinafter provided.

Section 5. (a) Any person, firm, corporation or association
which shall establish, maintain, own or operate a photographic estab-
lishment in this State, or any person who engages in the practice of
photography or any branch thereof in this State other than as an em-
ployee of a licensed photographic establishment, shall pay an annual
license fee of five ($5.00) dollars. Each registered photographer or
photo-finisher who is employed by a photographic establishment in
this State shall pay an annual license fee of three dollars. No person,
firm, corporation or association shall sell, offer for sale, or solicit
orders for any product of photography nor perform any photographic
work or service, unless he has paid the license fee required by this
subsection. No license shall be issued to any photographer or photo-
finisher, nor to any photographic establishment which employs any
photographer or photo-finisher, who is not registered under the pro-
visions of the next preceding section of the act. Every person, firm,
corporation or association licensed under the provisions of this section
shall keep his license conspicuously displayed on his business premises.

(b) The annual license fee required by this section shall be paid
to the board on or before the first day of July of each year. Upon
receipt of application, accompanied by such fee from any person, firm,
corporation or association entitled to secure a license, the board shall
immediately issue the license. The annual license fee of five ($5.00)
dollars required by this section shall entitle the licensee to engage in
the practice of photography in this State for the period for which
the license is issued. The annual license fee of three ($3.00) dollars
required by this section shall entitle the licensee to engage in the prac-
tice of photography in this State for the period for which the license
is issued only for and on behalf of an employer who is licensed as
required by this section.

(c) No license issued under this section shall be transferable,
nor shall it entitle the holder thereof to engage in the practice of pho-
tography in this State under a name or at a place of business other
than that specified by the licensee in his application for license unless
the licensee shall give the board written notice of his intention to
operate under such different name or at such other place.

Section 6. (a) It shall be unlawful for any licensee of the
board or any registered photographer or photo-finisher to use or
participate in the use of any form of advertising, publicity, or broad-
casting, of any untrue, deceptive, or misleading statement, representa-
tion or illustration, whether used in connection with the solicitation
of, procuring of, or delivering of any photographic product or photo-
graphic or photo-finishing service. It shall be unlawful for any
person, firm, corporation or association subject to the provisions of
this act to pay to any other person, firm, corporation, or association
a commission or other consideration for the solicitation or procuring
of any photographic or photo-finishing work or service, unless such
other person, firm, corporation or association is registered or licensed
by the board; or to furnish free work or service to any one except
bona fide charity organizations; or to solicit, advertise, or sell any
photographic product or photographic or photo-finishing work or service
by the use of coupons, coupon books, discount coupons, premiums,
advertising certificates, rebate or allowance certificates, certificates
which purport to entitle the holder thereof to have any portrait or
photographic work done at a later date, or any other similar device,
including the use of bait solicitation or bait advertising, or to use any
form of lottery or drawing in the solicitation or sale of any photo-
graphic product or photographic or photo-finishing work or service.

(b) The board shall have the power to revoke any license or
certificate of registration granted by it to any person, firm, corporation
or association 1f it shall find such person, firm, corporation or associa-
tion guilty of any violation of the preceding subsection or of any fraud
or wilful misrepresentation.

(c) Before any such license or certificate of registration shall be
revoked, the holder thereof shall be given notice, in writing, either
personally or by registered mail addressed to him at his last known
post office address, setting forth the charges against him and the time
and place at which a hearing will be had on such charges, and the
said hearing shall not be less than ten days from the time of the
service of said notice. The person so charged shall be given a hear-
ing at which he may be represented by counsel, and-he shall have an
opportunity to enter a defense and produce witnesses in his behalf.
The board on such hearing may provide a competent stenographer
for the purpose of taking a complete record of such hearing, which
record, if taken, shall be filed with the board. If at such hearing,
the board shall be satisfied that the accused has been guilty of the
offense or offenses charged it shall thereupon, without further notice,
revoke the license and certificate of registration of the person, or the
license of the firm, corporation, or association, as the case may be,
so accused. From such decision of the board there shall be an appeal
of right to the circuit court of the county or corporation court of the
city in which the person, firm, corporation or association, whose certifi-
cate of registration or license is revoked resides or is located. If no
such appeal be noted within thirty days from the date of such action
by the board, the decision of the board shall be final.

(d) The board shall have power, in its discretion, to restore any
license or certificate of registration revoked by it as provided in this
section, after one year from the date of such revocation.

Section 7. No privilege license to engage in the business of pho-
tography shall be issued, under the provisions of section one hundred
and ninety-three of the Tax Code of Virginia or under any ordinance
of any county, city or town unless and until the applicant for such
license shall present to the commissioner of the revenue or other issuing
officer of such county, city or town a statement, signed by the president
and secretary of the board and under its seal, that such applicant has
paid the license fee required by this act. The board shall issue such
statement to any licensee upon request.

Section 8. All moneys derived from the operation of this act
or received by the board from any source shall be paid into the State
treasury, and are hereby appropriated to the State Board of Photo-
graphic Examiners to defray the expenses incurred by the board in
administering the provisions of this act. Payments out of this appro-
priation shall be made by the treasurer upon warrants of the comp-
troller issued upon vouchers signed by the chairman of the board or
such other person or persons as shall be designated by the board for
such purposes; provided, however, that the expenses of administering
the provisions of this act shall in no case exceed the amount paid by
the board into the State treasury.

Section 9. Any person, firm, corporation or association not a resi-
dent of or domiciled in this State shall, before making application for
any license to be issued under the provisions of this act, file with the
Secretary of the Commonwealth a bond in the sum of five hundred
dollars payable to the board, with surety approved by the board, con-
ditioned upon the fulfilling of all contracts made by such person, firm,
corporation or association in the State of Virginia.

Section 10. Any person, except a commissioner of the revenue
or other issuing officer of a county, city or town violating any of the
provisions of this act, or engaging in the practice of photography
without being duly registered or licensed as provided in this act, shall
be guilty of a misdemeanor, and upon conviction shall, for the first
offense, be fined not less than fifty ($50.00) dollars nor more than
two hundred ($200.00) dollars, and for any subsequent offense, be
fined not less than seventy-five ($75.00) dollars, nor more than two
hundred and fifty ($250.00) dollars.

Section 11. (a) Nothing in this act shall be construed to apply
to:

(1) Any person in the employ of any newspaper or other peri-
odical publication, or any person who sells negatives or photographs
only to such newspaper or periodical publication, provided the nega-
tives or photographs made by such person are not otherwise sold or
offered for sale in this State.

(2) Any person in the employ of the United States or any
agency thereof, the State of Virginia or any institution, agency, or
political subdivision thereof, or of any school, college, or university
who make negatives or photographs solely for public use or for edu-
cational or scientific purposes, provided the negatives or photographs
made by such person are not sold or offered, for sale in this State;

(3) Any motion picture photographer in the making of motion
pictures, or any person taking and selling photographs at any bona
fide agricultural exhibition or fair;

(4) Any physician licensed to practice in this State, or any em-
ployee of a hospital or institution, who makes negatives or photo-
graphs for clinical, surgical or medical purposes, provided the nega-
tives or photographs made by such person are not sold or offered for
sale in this State;

(5) Any person engaged in photostating, or photography in con-
nection with and an integral part of the process of engraving or offset
printing ;

(6) Any person, firm, corporation, association or photographic
establishment engaged in photo-finishing for amateurs, and any pick-up
stations or photo-finishing outlets for amateurs;

(7) Any person employed on a full time basis by any public
utility, common carrier, industrial concern or mercantile establishment
who makes negatives or photographs for sale to, or use by, such utility,
carrier, concern or establishment, provided the negatives or photo-
graphs made by such person are not otherwise sold or offered for
sale in this State.

(b) Nothing in this act or in section one hundred and ninety-
three of the Tax Code of Virginia shall be construed to apply to any
bona fide amateur photographer who does not engage in the practice
of photography as defined in this act.

Section 12. If any provision of this act, or the application thereof
to any person or circumstance, is held invalid, the remainder of this
act and the application of such provision to other persons or circum-
stances shall not be affected thereby.

2. Be it further enacted by the General Assembly of Virginia,
That all acts and parts of acts inconsistent with the provisions of
this act are hereby repealed to the extent of such inconsistency.