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REFERENCE TITLE: security guard training instructors; certification |
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State of Arizona House of Representatives Fifty-third Legislature First Regular Session 2017
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HB 2319 |
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Introduced by Representative Lawrence
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AN ACT
amending sections 32‑2405, 32-2601, 32‑2607, 32-2608, 32-2613, 32-2623 and 32-2624, Arizona Revised Statutes; amending title 32, chapter 26, article 3, Arizona Revised Statutes, by adding section 32-2625; amending sections 32‑2632, 32-2641 and 32-2642, Arizona Revised Statutes; relating to security guards.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-2405, Arizona Revised Statutes, is amended to read:
32-2405. Powers and duties of hearing board
A. The board shall:
1. Submit recommendations to the director on disciplinary actions or the denial of licenses or registrations.
2. Annually elect from its membership a chairman and a secretary, who serve at the pleasure of the board.
3. Determine good cause exceptions pursuant to sections 32‑2412 and 32‑2609.
4. Adopt rules to establish good cause exceptions for the issuance of licenses or registrations pursuant to this chapter and chapter 26 of this title.
5. Furnish a copy of its rules, on request, to all applicants who petition the board for a good cause exception pursuant to sections 32‑2459, 32‑2640 and 32‑2641.
B. The board may:
1. Take and hear evidence, administer oaths and affirmations and compel by subpoena the attendance of witnesses and the production of books, papers, records, documents and other information relating to an investigation or hearing.
2. Annually review the security guard instructor training curricula and make recommendations to the department for the removal of obsolete continuing education courses, the addition of continuing education courses and the modification of or update to training courses.
Sec. 2. Section 32-2601, Arizona Revised Statutes, is amended to read:
32-2601. Definitions
In this chapter, unless the context otherwise requires:
1. "Advertising" means submitting bids, contracting or making known by any public notice, publication or solicitation of business, directly or indirectly, that services regulated under this chapter are available for consideration.
2. "Agency license" means a certificate that is authenticated by the department and that attests that a qualifying party is authorized to conduct the business of private security guard service in this state.
3. "Applicant" means a person who has submitted a completed application and all required application and fingerprint processing fees.
4. "Armed security guard" means a registered security guard who wears, carries, possesses or has access to a firearm at any time during the course of employment.
5. "Associate" means a person who is a partner or corporate officer in a security guard agency.
6. "Board" means the private investigator and security guard hearing board established pursuant to by section 32‑2404.
7. "Conviction" means an adjudication of guilt by a federal, state or local court resulting from trial or plea, including a plea of no contest, regardless of whether or not the adjudication of guilt was set aside or vacated.
8. "Department" means the department of public safety.
9. "Director" means the director of the department of public safety.
10. "Emergency action" means a summary suspension of a license pending revocation, suspension or probation in order to protect the public health, safety or welfare.
11. "Employee" means an individual who works for an employer, is listed on the employer's payroll records and is under the employer's direction and control.
12. "Employer" means a person who is licensed pursuant to this chapter, who employs an individual for wages or salary, who lists the individual on the employer's payroll records and who withholds all legally required deductions and contributions.
13. "Firearms safety training instructor" means a person who provides classroom and range instruction to applicants for armed security guard certification.
13. 14. "Identification card" means a card issued by the department to a qualified applicant for an agency license, to an associate or to a registrant.
14. 15. "Letter of concern" means an advisory letter to notify a licensee or registrant that while there is insufficient evidence to support probation, suspension or revocation of a license or registration the department believes the licensee or registrant should modify or eliminate certain practices and that continuation of the activities that led to the information being submitted to the department may result in further disciplinary action against the person's license or registration.
15. 16. "Licensee" means a person to whom an agency license is granted pursuant to article 2 of this chapter.
16. 17. "Private security guard service" means any agency, individual or employer in the business of furnishing to the public for hire, fee or reward dogs, watchmen, patrol service services, private security guards or other persons to protect human life or to prevent the theft or the misappropriation or concealment of goods, wares, merchandise, money, bonds, stocks, notes, choses in action or other property, valuable documents, papers and articles of value.
17. 18. "Proprietary company" means a company that employs security guards or armed security guards solely for use of and service to itself and not for others.
18. 19. "Qualifying party" means the individual who meets the qualifications under this chapter for an agency license.
19. 20. "Registrant" means an employee of a licensed agency who is qualified to perform the services of a security guard.
20. 21. "Registration certificate" means a certificate that is authenticated by the department and that attests that an employee of a business holding an agency license has satisfactorily complied with article 3 of this chapter.
21. 22. "Restructuring" means any change in a business' legal status.
22. 23. "Security guard" means any person employed by a private security guard service or proprietary company as a watchman, patrolman, bodyguard, personal protection guard, or private security guard or any other person who performs security guard services, but does not include any regularly commissioned police or peace officer or railroad police appointed pursuant to section 40‑856.
24. "Security guard training instructor" means a person who provides instruction to applicants for unarmed security guard certification.
23. 25. "Unprofessional conduct" means any of the following:
(a) Engaging or offering to engage by fraud or misrepresentation in activities regulated by this chapter.
(b) Aiding or abetting a person who is not licensed or registered pursuant to this chapter in representing that person as a security guard in this state.
(c) Gross negligence in the practice of a security guard.
(d) Failing or refusing to maintain adequate records on a client containing at least sufficient information to identify the client, the dates of service, the fee for service and the payments for service.
(e) Committing a felony or a misdemeanor involving any crime that is grounds for denial, suspension or revocation of a security guard agency license or employee registration certificate. In all cases, conviction by a court of competent jurisdiction or a plea of no contest is conclusive evidence of the commission.
(f) Making a fraudulent or false statement to the department, the board or the department's investigators, staff or consultants.
Sec. 3. Section 32-2607, Arizona Revised Statutes, is amended to read:
32-2607. Fees; renewal of license or registration certificate
A. The department shall charge and collect reasonable fees as determined by the director to cover the operational and equipment costs of regulating the security guard industry.
B. An agency license granted under this chapter may be renewed after receiving the department receives an application on such a form as the department prescribes, receipt of the fees prescribed pursuant to subsection A of this section, and proof of required liability insurance and workers' compensation and proof that every security guard the agency employs has been trained by a certified instructor as required by section 32‑2632. Except as provided in section 32‑4301, in no event shall renewal be granted more than ninety days after the expiration date of a license. No person, firm, company, partnership or corporation may carry on any business subject to this article during any period that may exist between the date of expiration of a license and the renewal of the license.
C. A security guard, or armed security guard, security guard training instructor or firearms safety training instructor registration certificate granted under this article may be issued after application on such a form as the department prescribes, the payment of fees prescribed pursuant to subsection A of this section and proof of the completion of training as required by this chapter.
D. A security guard, or armed security guard, security guard training instructor or firearms safety training instructor registration certificate granted under this article may be renewed after application on such a form as the department prescribes and the payment of renewal fees.
E. Except as provided in section 32‑4301, the department shall not renew an agency license or registration certificate more than ninety calendar days after expiration. A licensee or registrant shall not engage in any activity regulated by this chapter during any period between the date of expiration of the license or registration and the renewal of the license or registration.
F. The department may renew a suspended license or registration as provided in this chapter. While suspended, the renewal of the license or registration does not entitle the licensee, security guard, or armed security guard, security guard training instructor or firearms safety training instructor to engage in any activity regulated by this chapter or in any other activity or conduct in violation of the order or judgment that suspended the license or registration certificate.
G. The department shall not renew a revoked license or registration certificate. The department shall not accept an application for a license or registration from a person whose license or registration has been revoked until at least one year after the date of revocation.
Sec. 4. Section 32-2608, Arizona Revised Statutes, is amended to read:
32-2608. License or registration required; violation; classification
A. A person, except a regularly commissioned peace officer, shall not act or attempt to act as, or represent that the person is, a security guard unless the person is registered as a security guard pursuant to this chapter and is acting within the scope of the person's employment for an agency that is licensed pursuant to article 2 of this chapter.
B. A person shall not act or attempt to act as, or represent that the person is, a security guard training instructor or firearms safety training instructor unless the person is registered as a security guard training instructor or firearms safety training instructor pursuant to this chapter and is acting within the scope of the person's employment for an agency that is licensed pursuant to article 2 of this chapter.
B. C. A person who knowingly violates this section is guilty of a class 1 misdemeanor.
Sec. 5. Section 32-2613, Arizona Revised Statutes, is amended to read:
32-2613. Application for agency license; financial responsibility; notice and opportunity to supply additional information
A. Every application for an original or renewal agency license to operate as a private security guard service shall set forth verified information to assist the department in determining the applicant's ability to meet the requirements set forth in this chapter and shall include the following:
1. The full name and business address of the applicant.
2. The name under which the applicant intends to do business.
3. A statement as to the general nature of the business in which the applicant intends to engage, including identification of armed security guard training requirements and identification of employees acting as armed security guards.
4. Photographs of the applicant of a number and type prescribed by the department.
5. Fingerprints of the applicant of a quality and number prescribed by the department for the purpose of obtaining state and federal criminal records checks pursuant to section 41‑1750 and Public Law 92‑544. The department may exchange this fingerprint data with the federal bureau of investigation. The department may conduct periodic state criminal history checks to ensure continued qualification under this chapter.
6. A verified statement of the applicant's experience and qualifications.
7. Such other information, evidence, statements or documents as may reasonably be required by the director.
B. If the applicant is other than an individual, each of its partners, resident officers, associates, directors and managers, in addition to its qualifying party, shall comply with the requirements of subsection A of this section. If the applicant is other than an individual, the application shall contain the full name and address of each of its board members, and the president, vice‑president, secretary and treasurer. The person who will manage the business conducted in this state shall comply in full with the requirements of subsection A of this section.
C. An application for an original or a renewal agency license shall be accompanied by:
1. The fee as prescribed pursuant to section 32‑2607.
2. A certificate of a liability insurance policy, issued by an insurance company licensed or authorized to do business in this state. The minimum limits of such liability insurance policies shall be established by the department. Any insurer issuing such a policy shall give written notice to the department of any cancellation of such a policy. Such notice shall be given by the insurer to the director at least ten days before such the cancellation by certified mail.
3. A certificate of workers' compensation insurance.
4. A completed form describing the agency's training program for employees as described in section 32‑2632, subsection A, including training requirements for and identification of armed security guards employed by the agency and the identification of registered firearms safety training instructors and registered security guard training instructors used by the agency. The form shall be as prescribed by the director and require such information as the director deems necessary.
D. If an application is incomplete, the department shall notify the applicant pursuant to section 41‑1074. If the department requires additional information to make a decision on licensure, the department shall notify the applicant pursuant to section 41‑1075. The department shall send notices under this subsection to the applicant's last known residential address and shall include sufficient information to assist the applicant to complete the application process. The applicant has forty‑five calendar days from the date of notification to provide the additional documentation. If the applicant fails to respond within forty‑five calendar days, the application and any certificates issued are automatically suspended until the department receives the necessary documentation to approve or deny the application.
Sec. 6. Section 32-2623, Arizona Revised Statutes, is amended to read:
32-2623. Application for employee registration certificate
A. Every application for an employee registration certificate must set forth verified information to assist the department in determining the applicant's ability to meet the requirements set forth in this chapter, as follows:
1. The full name and address of the applicant.
2. Fingerprints of the applicant of a quality and number prescribed by the department for the purpose of obtaining state and federal criminal records checks pursuant to section 41‑1750 and Public Law 92‑544. The department may exchange this fingerprint data with the federal bureau of investigation. The department may conduct periodic state criminal history checks to ensure continued qualification under this chapter.
3. Photographs of the applicant of a number and type prescribed by the department.
4. Such other information, evidence, statements or documents as may reasonably be required by the department.
B. An application for an original or renewal security guard, or armed security guard, security guard training instructor or firearms safety training instructor registration certificate shall be accompanied by:
1. The fees prescribed pursuant to section 32‑2607.
2. A statement from the applicant's employer requesting and authorizing armed security guard registration status for the applicant.
C. If an application is incomplete, the department shall notify the applicant pursuant to section 41‑1074. If the department requires additional information to make a decision on registration, the department shall notify the applicant pursuant to section 41‑1075. The department shall send notices issued under this subsection to the applicant's last known residential address and shall include sufficient information to assist the applicant to complete the application process. The applicant has forty‑five calendar days from the date of notification to provide the additional documentation. If the applicant fails to respond within forty‑five calendar days, the application and any certificates issued are automatically suspended until the department receives the necessary documentation to approve or deny the application.
Sec. 7. Section 32-2624, Arizona Revised Statutes, is amended to read:
32-2624. Issuance of registration certificates and identification cards
A. After investigation, the department shall issue a security guard registration certificate, or armed security guard registration certificate, security guard training instructor registration certificate or firearms safety training instructor registration certificate under this chapter to any applicant who satisfactorily complies with this chapter. Each security guard, security guard training instructor or firearms safety training instructor registration certificate shall contain the name and address of the registrant and the number of the certificate and shall be issued for two years.
B. When a security guard, security guard training instructor or firearms safety training instructor registration certificate is issued, an identification card as described in section 32‑2633 shall be issued to the registrant. The identification card is evidence that the person is a duly registered security guard, security guard training instructor or firearms safety training instructor. An employee must obtain an armed security guard registration certificate and identification card for each sponsoring agency licensee.
C. A security guard employee may not possess or carry a firearm while on official duty unless the employee is currently registered as an armed security guard and is authorized by the person's employer to possess or carry the firearm.
D. A security guard, security guard training instructor or firearms safety training instructor shall notify the director within fifteen calendar days of any change in the security guard's name or residential address of the security guard, security guard training instructor or firearms safety training instructor.
E. The department shall not issue a security guard, security guard training instructor or firearms safety training instructor provisional certificate.
Sec. 8. Title 32, chapter 26, article 3, Arizona Revised Statutes, is amended by adding section 32-2625, to read:
32-2625. Qualifications of applicant for security guard training instructor or firearms safety training instructor registration certificate
An applicant for a security guard training instructor or firearms safety training instructor registration certificate issued pursuant to this article shall:
1. Be at least eighteen years of age.
2. Be a citizen or legal resident of the united states who is authorized to seek employment in the united states.
3. Not have been convicted of any felony or currently be under indictment for a felony.
4. Within the five years immediately preceding the application for a security guard training instructor or firearms safety training instructor registration certificate, not have been convicted of any misdemeanor act involving:
(a) Personal violence or force against another person or threatening to commit any act of personal violence or force against another person.
(b) Misconduct involving a deadly weapon as provided in section 13‑3102.
(c) Dishonesty or fraud.
(d) Arson.
(e) Theft.
(f) Domestic violence.
(g) A violation of title 13, chapter 34 or 34.1 or an offense that has the same elements as an offense listed in title 13, chapter 34 or 34.1.
(h) Sexual misconduct.
5. Not be on parole, on community supervision, on work furlough, on home arrest, on release on any other basis or named in an outstanding arrest warrant.
6. Not be serving a term of probation pursuant to a conviction for any act of personal violence or domestic violence, as defined in section 13-3601, or an offense that has the same elements as an offense listed in section 13-3601.
7. Not be either of the following:
(a) Adjudicated mentally incompetent.
(b) Found to constitute a danger to self or others pursuant to section 36-540.
8. NOT have a disability as defined in section 41-1461, unless that person is a qualified individual with a disability as defined in section 41-1461.
9. NOT have been convicted of acting or attempting to act as a security guard training instructor or firearms safety training instructor without a license if a license was required.
Sec. 9. Section 32-2632, Arizona Revised Statutes, is amended to read:
32-2632. Duty of licensee to provide training of security guards; records; firearms training; rules
A. An agency licensee shall provide eight hours of preassignment training of all persons for each person who is employed as a security guards guard before the employee acts in the capacity of a security guard. The training shall be provided by an instructor who is certified by the department. The required training curriculum shall be established by the department.
B. All renewal applicants shall complete eight hours of refresher training within ninety days before submitting a renewal application. The department shall establish the required training curriculum.
C. Every agency licensee shall keep an accurate and current record of pertinent information on all persons employed as security guards, which shall be made available to the department in the event of an alleged violation of this chapter.
D. At least sixteen hours of initial firearms instruction and eight hours of annual continuing firearms instruction in the use of the weapon used by the security guard is required if a firearm is used within the scope of employment. All firearms training and qualifications shall be conducted by a firearms safety training instructor who is certified by the department and shall be completed before the security guard is assigned to any position requiring the carrying of a firearm. The licensee shall provide a monthly report to the department identifying all armed security guards employed by the agency.
e. An agency licensee shall use only security guard training instructors or firearms safety training instructors who are registered pursuant to this chapter.
E. F. The department shall adopt rules for both all of the following:
1. Certification Registration of firearms safety training instructors who provide the firearms training required by subsection D of this section.
2. A firearms training curriculum.
3. Registration of security guard training instructors.
Sec. 10. Section 32-2641, Arizona Revised Statutes, is amended to read:
32-2641. Grounds for refusal to issue a security guard identification card or registration certificate; judicial review; good cause exceptions
A. Except as provided in subsection F of this section, the department may deny the issuance of an identification card to an applicant for a security guard registration certificate, or an armed security guard registration certificate, a security guard training instructor registration certificate or a firearms safety training instructor registration certificate if the applicant:
1. Does not meet the requirements prescribed in section 32‑2622 for the appropriate type of certificate.
2. Has committed any act which that would be grounds for the suspension or revocation of a security guard registration pursuant to this chapter.
3. Has knowingly made any statement which that is false in the application.
B. If the director determines that an applicant's criminal history contains open arrest information, the director shall:
1. Issue a notice to the applicant allowing forty‑five days for the applicant to provide documentation concerning the disposition of the arrest or arrests.
2. Send to the applicant at the applicant's last known residential address sufficient information to assist the applicant in complying with the director's request under paragraph 1 of this subsection.
C. The denial of the issuance of a registration certificate under this article shall be in writing and shall describe the basis for the denial. The denial notice shall inform the applicant that if the applicant desires a hearing by the board to contest the denial the applicant shall submit the request in writing to the department within thirty calendar days after service of the denial notice. Service is complete on the mailing of the denial to the address listed on the application.
D. Except as provided in section 41‑1092.08, subsection H, final decisions of the director are subject to judicial review pursuant to title 12, chapter 7, article 6.
E. If an applicant is denied a registration certificate, the applicant may petition the board for a good cause exception.
F. If the board granted an applicant for a security guard registration certificate, or an armed security guard registration certificate, a security guard training instructor registration certificate or a firearms safety training instructor registration certificate a good cause exception pursuant to section 32‑2609, the department may not deny the person's renewal application based on factors already reviewed by the board when granting the good cause exception.
Sec. 11. Section 32-2642, Arizona Revised Statutes, is amended to read:
32-2642. Notice of arrest
Within forty‑eight hours after being arrested, a security guard, or an armed security guard, a security guard training instructor or a firearms safety training instructor shall notify the person's employer of the arrest. Within twenty‑four hours after receiving notice of the arrest, the employer shall notify the department of the arrest.