WSR 05-22-014

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed October 24, 2005, 9:57 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: Private security guards, chapter 18.170 RCW, fee increase for compliance with the Anti-Terrorism and Prevention Act.

Hearing Location(s): Department of Licensing, Business and Professions Division, 405 Black Lake Boulevard, Olympia, WA 98507, on December 6, 2005, at 11:00 a.m.

Date of Intended Adoption: December 7, 2005.

Submit Written Comments to: Mary Haglund, P.O. Box 9649, Olympia, WA 98502, e-mail Security@dol.wa.gov, fax (360) 570-7888, by December 1, 2005.

Assistance for Persons with Disabilities: Contact administrative staff by December 1, 2005, TTY (360) 664-8885.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The reason for the fee increase is to pay the fees established by Washington State Patrol and the Federal Bureau of Investigation for conducting background searches. In order to comply with the federal Anti-Terrorism and Prevention Act, the security guard licensees and applicants must submit a fingerprint card and pay for a FBI background check. The effects of the rule change will increase renewal fees for one year. After one year, the fee for renewals will be reduced to remove the cost for the FBI background search, as this work will have been completed. The original application fee will increase permanently as these applicants will still be required to complete the additional background search.

Please see below for the specific rule changes.

Statutory Authority for Adoption: Chapter 18.170 RCW.

Statute Being Implemented: Anti-Terrorism and Prevention Act of 2004 Subtitle E. Criminal History Background Checks.

Rule is necessary because of federal law, Anti-Terrorism and Prevention Act of 2004 Subtitle E. Criminal History Background Checks.

Name of Proponent: Department of Licensing, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Mary Haglund, Olympia, Washington, (360) 664-6624; and Enforcement: Pat Brown, Olympia, Washington, (360) 664-6624.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Department of Licensing is exempt from this requirement.

A cost-benefit analysis is not required under RCW 34.05.328. Department of Licensing is exempt from this requirement.

September 30, 2005

Andrea C. Archer

Assistant Director

OTS-8433.1


AMENDATORY SECTION(Amending WSR 04-12-023, filed 5/26/04, effective 7/1/04)

WAC 308-18-150   Private security guard company, private security guard, and armed private security guard fees.   Licenses issued to private security guard companies and private security guards expire one year from the date of issuance and must be renewed each year. The fees are as follows:

Title of Fee Fee
Private security guard company/principal:
Application/includes first examination $((250.00))

300.00

Reexamination 25.00
License renewal ((250.00))

300.00

Late renewal with penalty ((350.00))

400.00

Change of principal/includes first examination ((65.00))

100.00

Principal armed endorsement ((30.00))

10.00

Private security guard:
Original license ((53.00))

82.00

Armed endorsement ((30.00))

10.00

Transfer fee 20.00
License renewal with current WSP* ((40.00))

70.00

License renewal without current WSP* 100.00
Note: A current WSP means that a background check was completed by the security guard licensing unit within the last 12 months. You will be billed according to this status.
Late renewal with penalty ((45.00))

120.00

Certified trainer endorsement examination/reexamination 25.00
Certified trainer endorsement renewal 15.00
Duplicate license 10.00

[Statutory Authority: Chapter 18.170 RCW. 04-12-023, 308-18-150, filed 5/26/04, effective 7/1/04. Statutory Authority: RCW 43.24.086 and chapter 18.170 RCW. 02-07-068, 308-18-150, filed 3/18/02, effective 7/1/02. Statutory Authority: Chapter 18.170 RCW. 98-24-045, 308-18-150, filed 11/25/98, effective 1/1/99. Statutory Authority: RCW 18.170.180(1), 43.24.086 and 34.05.482. 97-17-050, 308-18-150, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 18.170 [18.170.180](1). 93-11-025, 308-18-150, filed 5/7/93, effective 7/1/93. Statutory Authority: RCW 18.170.180. 91-22-112, 308-18-150, filed 11/6/91, effective 12/7/91.]