Chap. 393.—An ACT to amend and re-enact Sections 1, 3, 4, 6 and 10 of Chapter
342 of the Acts of Assembly of 1938, approved March 31, 1938, relating to the
State Board of Photographic Examiners, its powers, duties and functions, and
the regulation and control of the practice of photography in Virginia. [H B 299]

Approved March 29, 1946

Be it enacted by the General Assembly of Virginia:

1. That sections one, three, four, six and ten of chapter three hun-
dred forty-two of the Acts of Assembly of nineteen hundred thirty-eight.
approved March thirty-one, nineteen hundred thirty-eight, be amended
and re-enacted, as follows:

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

(1) “Board” means the State Board of Photographic Examiners
created by section two of this act.

(2) “Branch of photography” means portrait photography, com-
mercial photography, direct positive photography, or photo-finishing.

(3) “Commercial photography” means photography other than por-
trait photography.

(4) “Licensee” means any person, firm, corporation or associa-
tion who is granted a license under section five of this act, and whose li-
cense has not expired.

(5) “Photo-finishing’” means 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.

(6) “Photo-finisher” means the person under whose supervision
photo-finishing is done in any photographic establishment.

(7) “Photographer” means any person who engages in photography.

(8) “Photographic establishment” means any studio, laboratory,
plant or other business or establishment operated for the purpose of
carrying on any branch of photography for compensation.

(9) “Photography” means the process of recording or reproducing
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 sub-
sequent reproduction or transfer of such image, either negative or posi-
tive, upon sensitized material by the aid of light and chemical action.

(10) ‘Portrait photography” means the production of portraits by
means of photography.

(11) “The practice of photography” means the profession, occupa-
tion, business or vocation of taking or producing photographs or of per-
forming any photographic or photo-finishing work or service, for com-
pensation 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 supervision of a registered
photo-finisher, nor shall it include any person, whose business, occupa-
tion or vocation is other than that of the practice of photography as here-
in defined, who occasionally takes, produces photographic or photo-fin-
ishing work for compensation.

(12) “Direct Positive photography” means the production of por-
traits by photography without the use of films or plates but by means of
direct positive paper, in which the original negative image developed
is reversed chemically into a positive print.

Section 3. (a) The board shall keep a record, which shall be
open to public inspection at all reasonable times, of its proceedings re-
lating 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 registered
photo-finisher, the date and number of his certificate of registration and
such other information as the board deems 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, subject to the provisions of the Administrative
Agencies Act, may adopt and enforce such administrative rules and regu-
lations as are 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.

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 of registration with the board on a form fur-
nished 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 sub-
section (c) of this section. The board shall provide a place for, and give,
at least four times in each year, written, oral or practical examinations to
applicants to determine their competency and ability in the branch or
branches of photography which they desire to practice. Only one ex-
amination fee shall be required of any applicant for examinations taken
at the same time. No examination or fee shall be required of any per-
son who as part of his military duties had three months actual experience
in the practice of photography or any branch of photography and who is
a resident of Virginia.
(b) The board shall register, in a book kept for such purpose, every
person who shall satisfactorily pass an examination given under subsec-
tion (a) of this section, and shall issue to such person a certificate of
registration stating that such person is qualified to practice the branch of
photography in which he shall have passed such examination. 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.

(c) 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 dollars ($25.00), except that the fee for an examination
exclusively in photo-finishing shall be fifteen dollars ($15.00). No fee
for examination 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 dollars ($10.00).

(d) 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 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 broadcasting, of any un-
true, deceptive, or misleading statement, representation or illustration,
whether used in connection with the solicitation of, procuring of, or de-
livering of any photographic product or photographic or photo-finishing
service. It shall be unlawful for any person, firm, corporation or asso-
ciation subject to the provisions of this act to pay to any other person,
firm, corporation, or associatidn 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 draw-
ing in the solicitation or sale of any photographic product or photographic
or photo-finishing work or service.

Section 10. Any person 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 dol-
lars ($50.00), nor more than two hundred dollars ($200.00), and for any
subsequent offense, be fined not less than seventy-five dollars ($75.00),
nor more than two hundred and fifty dollars ($250.00). Should any li-
-ensee of the board be convicted under this section, the board may revoke
or suspend his license. The board shall have the power, in its discretion,
to restore any license or certificate of registration revoked by it as pro-
vided in this section.