SB1618 - 571R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 32-2407, Arizona Revised Statutes, is amended to read:

START_STATUTE32-2407. Fees; renewal of agency licenses and employee registration certificates

A. The department shall charge and collect reasonable fees as determined by the director to cover the operational and equipment costs of regulating the private investigator industry.

B. Except as provided in section 32-4301, the director may renew a an agency license or a registration certificate granted under this chapter after receiving an application on such forms as the department prescribes and receipt of receiving the fees prescribed pursuant to subsection A of this section. The renewal of an agency license requires the filing of a surety bond as prescribed in section 32-2423, subsections B and C. Renewal of a license or registration shall not be granted more than ninety days after expiration. No A licensee or registrant may not engage in any activity subject to this chapter during any period between the date of expiration of the agency license or registration certificate and the renewal of the agency license or registration certificate.

C. The department shall renew a suspended agency license or registration certificate as provided in this article. Renewal of the agency license or registration certificate does not entitle the licensee or registrant, while the agency license or registration certificate remains suspended and until it is reinstated, to engage in any activity regulated by this chapter, or in any other activity or conduct in violation of the order or judgment by which the agency license or registration certificate was suspended.

D. The director shall not reinstate a revoked agency license or registration certificate. The director shall not accept an application for a an agency license or registration certificate from a person whose agency license or registration certificate has been revoked until at least one year after the date of revocation. END_STATUTE

Sec. 2. Section 32-2423, Arizona Revised Statutes, is amended to read:

START_STATUTE32-2423. Application for agency license; financial responsibility; notice and opportunity to supply additional information

A. Every application for an original or renewal agency license to engage in the private investigator business shall set forth verified information to assist the department in determining the applicant's ability to meet the requirements prescribed in this chapter and shall contain 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.

4. If the applicant is other than an individual, the full name and residence address of each of its associates.

5. A verified statement of the applicant's experience and qualifications.

6. Photographs of the applicant of a number and type prescribed by the department.

7. 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.

8. Such other information, evidence, statements or documents as the director may reasonably require.

9. The fee prescribed pursuant to section 32-2407.

B. Before the issuance of an original or renewal agency license the applicant shall provide to the department:

1. A surety bond in the amount of two thousand five hundred dollars $2,500.

2. A certificate of workers' compensation insurance, if applicable.

C. The bond shall be executed and acknowledged by the applicant as principal and by a corporation licensed to transact fidelity and surety business in this state as surety. The bond shall be continuous in form and shall run concurrently with the license period. The bond required by this section shall be in favor of the state for the benefit of any person injured by any acts of a private investigator or the private investigator’s agency or employees and is subject to claims by any person who is injured by these acts.

D. The department shall cancel the agency license of any licensed agency on the cancellation of the surety bond. The qualifying party may reinstate the agency license on filing:

1. A surety bond that is concurrent with the remainder of the license period.

2. Payment of the reinstatement fee prescribed pursuant to section 32-2407.

E. 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 in completing the application process. The applicant has forty-five calendar days from after the date of notification to provide the additional documentation. If the applicant fails to respond within forty-five calendar days, the application and any registration certificates issued are automatically suspended until the department receives the necessary documentation to approve or deny the application. END_STATUTE

Sec. 3. Section 32-2425, Arizona Revised Statutes, is amended to read:

START_STATUTE32-2425. Issuance of agency license and identification card; deadline for completing application; transfer of license prohibited

A. The department shall issue an agency license to any applicant who that complies with this chapter. Each agency license shall contain the name and address of the licensee and the number of the agency license and shall be issued for a period of two four years.

B. On the issuance of a an agency license, an identification card described in section 32-2461 shall be issued without charge to the licensee if an individual, or if the licensee is other than an individual, to its the licensee's qualifying party, and to each of its the licensee's associates and directors. The identification card is evidence that the licensee is duly licensed pursuant to this chapter. If a person to whom the card of a licensee other than an individual is issued terminates the person's position, office or association with the licensee, the person shall surrender the identification card to the licensee and within five business days the licensee shall mail or deliver the identification card to the director for cancellation. If the person fails or refuses to surrender the identification card to the licensee, the licensee shall notify the director within five business days of the termination of the person's position, office or association with the licensee.

C. On notification by the department to an applicant that the agency license is ready for issuance, the applicant shall complete the application process within ninety calendar days. Failure to complete the process shall result in the application being cancelled and all fees shall be forfeited by the applicant. Subsequent application by the same applicant requires the payment of all application and license fees prescribed pursuant to section 32-2407.

D. A licensee shall notify the director in writing within thirty calendar days of any change in the name or address of the licensee's business and of any change of associates.

E. All new associates shall submit applications on forms prescribed by the director.

F. No An agency license issued under this chapter is not transferable or assignable. END_STATUTE

Sec. 4. Section 32-2442, Arizona Revised Statutes, is amended to read:

START_STATUTE32-2442. Application for employee registration certificate; registration period cancellation

A. Every application for an employee registration certificate shall provide verified information to assist the department in determining the applicant's ability to meet the requirements prescribed in this chapter, as follows:

1. The full name and address of the applicant.

2. The name of the agency for which the applicant will be an employee.

3. Authorization of the qualifying party or the qualifying party's designee to issue an employee registration.

4. 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.

5. Photographs of the applicant of a number and type prescribed by the department.

6. Such other information, evidence, statements or documents as the department may reasonably require.

B. An application for issuance of an employee registration certificate or renewal shall be accompanied by the fee prescribed pursuant to section 32-2407.

C. An original employee registration certificate is valid from the date of issuance to the date of expiration of the agency license under which the employee is employed. The renewal period of an employee registration certificate runs concurrently with the agency license. An employee registration certificate may be denied as prescribed in section 32-2459 and shall be canceled on the cancellation, termination or revocation of the agency license under which the employee registration certificate is issued.

D. An employee registration certificate or renewal shall not be issued to an applicant unless the employer has on file with the department evidence of current workers' compensation coverage. An employee registration certificate is cancelled on cancellation of the employer's workers' compensation coverage and may be reinstated only on verification of the reinstatement of workers' compensation coverage and payment of the reinstatement fee prescribed pursuant to section 32-2407.

E. 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 after the date of notification to provide the additional documentation. If the applicant fails to respond within forty-five calendar days, the application and any registration certificates issued are automatically suspended until the department receives the necessary documentation to approve or deny the application. END_STATUTE

Sec. 5. Section 32-2607, Arizona Revised Statutes, is amended to read:

START_STATUTE32-2607. Fees; renewal of agency licenses and employee registration certificates

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 the department receives an application on such a form as the department prescribes, the fees prescribed pursuant to subsection A of this section and proof of required liability insurance and workers' compensation and the agency identifies the certified security guard training instructors and firearms safety training instructors that the applicant uses. 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 A person, firm, company, partnership or corporation may not carry on any business subject to this article during any period that may exist between the date of expiration of a an agency license and the renewal of the agency license.

C. A security guard, 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, 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 agency license or registration certificate and the renewal of the agency license or registration certificate.

F. The department may renew a suspended agency license or registration certificate as provided in this chapter. While suspended, the renewal of the agency license or registration certificate does not entitle the licensee, security guard, 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 agency license or registration certificate.

G. The department shall not renew a revoked agency license or registration certificate. The department shall not accept an application for a an agency license or registration certificate from a person whose agency license or registration certificate has been revoked until at least one year after the date of revocation. END_STATUTE

Sec. 6. Section 32-2613, Arizona Revised Statutes, is amended to read:

START_STATUTE32-2613. 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 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 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 after the date of notification to provide the additional documentation. If the applicant fails to respond within forty-five calendar days, the application and any registration certificates issued are automatically suspended until the department receives the necessary documentation to approve or deny the application. END_STATUTE

Sec. 7. Section 32-2614, Arizona Revised Statutes, is amended to read:

START_STATUTE32-2614. Issuance of agency licenses and identification cards; deadline for completing application

A. The department shall issue an agency license under this article to any applicant who satisfactorily complies with this chapter. Each agency license shall contain the name and address of such the licensee and the number of the license and shall be issued for a period of two four years.

B. Upon On the issuance of an agency license, an identification card as described in section 32-2633 shall be issued to such the licensee if an individual, or if such the licensee is other than an individual, to its the licensee's qualifying party, associates, resident managers and each of its the licensee's resident officers, associates, directors and partners. The identification card is evidence that the licensee is duly licensed pursuant to this chapter. If any person to whom the identification card of an agency licensee, other than an individual, is issued terminates the person's position, office or association with the licensee, the person shall surrender the identification card to the licensee and within five business days the licensee shall mail or deliver the identification card to the director for cancellation. If the person fails or refuses to surrender the identification card to the licensee, the licensee shall notify the director within five business days of the termination of the person's position, office or association with the licensee.

C. On notification by the department to an applicant that the agency license is ready for issuance, the applicant shall complete the application process within ninety calendar days. Failure to complete the process results in the application being canceled, and the applicant forfeits all fees. Subsequent application by the same applicant requires the payment of all application and license fees prescribed pursuant to section 32-2607.

D. An agency A licensee shall, within thirty calendar days, shall notify the department in writing of any change in the name or address of the business or any change of associates or directors. END_STATUTE

Sec. 8. Section 32-2623, Arizona Revised Statutes, is amended to read:

START_STATUTE32-2623. 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, 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 after the date of notification to provide the additional documentation. If the applicant fails to respond within forty-five calendar days, the application and any registration certificates issued are automatically suspended until the department receives the necessary documentation to approve or deny the application. END_STATUTE

Sec. 9. Section 32-2624, Arizona Revised Statutes, is amended to read:

START_STATUTE32-2624. Issuance of registration certificates and identification cards

A. Except as otherwise provided in this subsection, after an investigation, the department shall issue a security guard registration certificate, 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 registration certificate and, except as otherwise provided in this subsection, shall be issued for two four years. Before the required background screenings for an applicant are complete, the department may issue a forty-five-day security guard registration certificate or a forty-five-day armed security guard registration certificate to an applicant who is an honorably discharged veteran of the United States military and who has been discharged not more than three years before application. The applicant who receives a forty-five-day security guard registration certificate pursuant to this section may work only for an agency licensee that provides the applicant preassignment training as prescribed in section 32-2632.

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 after any change in the 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. END_STATUTE