HB 1849 -
By Representative Lovick
WITHDRAWN 02/14/2006
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 18.170.010 and 2004 c 50 s 1 are each amended to read
as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Armed private security guard" means a private security guard
who has a current firearms certificate issued by the commission and is
licensed as an armed private security guard under this chapter.
(2) "Armored vehicle guard" means a person who transports in an
armored vehicle under armed guard, from one place to another place,
valuables, jewelry, currency, documents, or any other item that
requires secure delivery.
(3) "Burglar alarm response runner" means a person employed by a
private security company to respond to burglar alarm system signals.
(4) "Burglar alarm system" means a device or an assembly of
equipment and devices used to detect or signal unauthorized intrusion,
movement, or exit at a protected premises, other than in a vehicle, to
which police or private security guards are expected to respond.
(5) "Chief law enforcement officer" means the elected or appointed
police administrator of a municipal, county, or state police or
sheriff's department that has full law enforcement powers in its
jurisdiction.
(6) "Classroom instruction" means instruction that takes place in
a setting where individuals receiving training are assembled together
and learn through lectures, study papers, class discussion, textbook
study, or other means of organized formal education techniques, such as
video, closed circuit, or other forms of electronic means, and as
distinguished from on-the-job education or training.
(7) "Commission" means the criminal justice training commission
established in chapter 43.101 RCW.
(8) "Department" means the department of licensing.
(9) "Department-certified trainer" includes any of the following
who have been approved by the department to administer, test, or
certify training under this chapter: A licensed private security
guard; or the faculty or staff of any department-approved educational
institution, organization, or program.
(10) "Director" means the director of the department of licensing.
(((10))) (11) "Employer" includes any individual, firm,
corporation, partnership, association, company, society, manager,
contractor, subcontractor, bureau, agency, service, office, or an agent
of any of the foregoing that employs or seeks to enter into an
arrangement to employ any person as a private security guard.
(((11))) (12) "Firearms certificate" means the certificate issued
by the commission.
(((12))) (13) "Licensee" means a person granted a license required
by this chapter.
(((13))) (14) "Person" includes any individual, firm, corporation,
partnership, association, company, society, manager, contractor,
subcontractor, bureau, agency, service, office, or an agent or employee
of any of the foregoing.
(((14))) (15) "Postassignment or on-the-job training" means
training that occurs in either an assisted field environment or in a
classroom instruction setting, or both.
(((15))) (16) "Preassignment training" means the classroom training
completed prior to being assigned to work independently.
(((16))) (17) "Principal corporate officer" means the president,
vice-president, treasurer, secretary, comptroller, or any other person
who performs the same functions for the corporation as performed by
these officers.
(((17))) (18) "Private security company" means a person or entity
licensed under this chapter and engaged in the business of providing
the services of private security guards on a contractual basis.
(((18))) (19) "Private security guard" means an individual who is
licensed under this chapter and principally employed as or typically
referred to as one of the following:
(a) Security officer or guard;
(b) Patrol or merchant patrol service officer or guard;
(c) Armed escort or bodyguard;
(d) Armored vehicle guard;
(e) Burglar alarm response runner; or
(f) Crowd control officer or guard.
(((19))) (20) "Qualifying agent" means an officer or manager of a
corporation who meets the requirements set forth in this chapter for
obtaining a license to own or operate a private security company.
(((20))) (21) "Sworn peace officer" means a person who is an
employee of the federal government, the state, a political subdivision,
agency, or department branch of a municipality, or other unit of local
government, and has law enforcement powers.
Sec. 2 RCW 18.170.100 and 2004 c 50 s 2 are each amended to read
as follows:
(1)(a) To promote and protect the safety of persons and the
security of property, the director shall develop and adopt rules
establishing a standard course for private security guard preassignment
and postassignment or on-the-job training and testing requirements. At
least two-thirds of annual postassignment or on-the-job training must
consist of public safety or emergency procedure subject matter.
(b)(((i))) A course of training required under this section may be
administered, tested, and certified by any department-certified
trainer, but the majority of the classroom instruction must be taught
by means of in-person instruction.
(2)(a) Except as provided under (b)(((ii))) of this subsection,
beginning July 1, 2005, all private security guards licensed on or
after July 1, 2005, must complete at least eight hours of preassignment
training administered or certified by a department-certified trainer.
Preassignment training must include a minimum of four hours of
classroom instruction, and a minimum of four additional hours that may
be of classroom training, on-the-job training, or any combination of
the two. A department-certified trainer must report the preassignment
training to the department. Upon successful completion of training the
department-certified trainer must give trainees a certificate of
training, which may be accepted as evidence of completion of
preassignment training by any private security company.
(((ii))) (b) Any person who was most recently employed full-time as
a sworn peace officer not more than five years prior to applying to
become licensed as a private security guard may be deemed to satisfy
the training required under (((b)(i))) (a) of this subsection upon
passage of the examination typically administered to applicants at the
conclusion of the preassignment training required under (((b)(i))) (a)
of this subsection.
(((iii) The director may establish, by rule, training requirements
for private security guards.)) (3)(a) Beginning July 1, 2005, all private security guards
must complete at least eight hours of postassignment or on-the-job
training((
(2).)) as follows:
(((a))) (i) For private security guards initially licensed on or
after July 1, 2005, four hours of postassignment training must be
completed within six months of the date an initial private security
guard license is issued by the director and the remaining four hours
completed within twelve months of the date an initial private security
guard license is issued by the department.
(((b))) (ii) For private security guards licensed prior to July 1,
2005, at least four hours of postassignment training must be completed
by December 31, 2005, and the remaining four hours by July 1, 2006.
(((c))) (b) Postassignment or on-the-job training must be in the
((topic areas)) standard course established by the director and may
occur in a classroom setting, in the field, or a combination of the
two. A department-certified trainer need not report postassignment or
on-the-job training to the department. However, a department-certified
trainer must attest in writing that the training occurred.
(((d))) (c) The number of required postassignment training hours
required under (a) of this subsection must be increased by one hour on
January 1st of every year until January 1, 2012. The number of
postassignment training hours required of a private security guard is
the number required on the date the private security guard was
initially licensed by the department. These additional hours of
postassignment training must be completed within eighteen months after
the date a private security guard initial license is issued by the
department.
(d) In addition to the postassignment training required under (a)
of this subsection, in each subsequent year of employment after the
first year, a private security company must annually provide each
licensed private security guard in its employ with eight hours of
specifically dedicated review or practice of private security guard
skills taught by department-certified trainers. This annual training
must meet the requirements of this section for postassignment training.
(e) The director shall require private security companies to
maintain records regarding the postassignment training hours completed
by each employee, including a record of administering the review or
practice training required under (d) of this subsection for each
private security guard in its employ. All such records are subject to
inspection by the department for at least three years from the date of
training. The training requirements and test results must be recorded
and attested to as appropriate by a ((certified)) department-certified
trainer.
(((3))) (4) By renewing a private security guard license with the
department, the private security company is declaring that the private
security guard has met the postassignment and annual training
requirements of this section.
(5) The director shall consult with ((the private security industry
and law enforcement)) consumers, labor organizations representing
private security guards, private security companies, law enforcement
and other public safety agencies, educators, and subject matter experts
before adopting or amending rules relating to the training and testing
requirements of this section.
NEW SECTION. Sec. 3 A new section is added to chapter 18.170 RCW
to read as follows:
(1) The department may assess civil penalties against a private
security company as provided in chapter 18.235 RCW for the failure to:
(a) Maintain an accurate and current record of proof of completion
of preassignment training by each private security guard employed by
the company;
(b) Provide each private security guard with certification of
completion of preassignment training;
(c) Administer to each private security guard the postassignment
training and review or practice of security guard skills according to
the schedule required under RCW 18.170.100(3); or
(d) Maintain an accurate and current record of proof of completion
of the postassignment training and review or practice of security guard
skills required under RCW 18.170.100(3).
(2) The department may revoke, suspend, or refuse to accept or
renew certification of any department-certified trainer for any
violation of this chapter, including the violations listed in
subsection (1)(a) through (d) of this section.
(3) All costs associated with compliance with orders issued under
this section are the obligation of the license holder or
department-certified trainer. All money collected from the assessment
of civil penalties under this section may be used only for the
administration of this chapter.
NEW SECTION. Sec. 4 This act takes effect July 1, 2007."
Correct the title.
EFFECT: The amendment:
(1) Clarifies that a department-certified trainer is approved to
provide any type of training, not just preassignment training.
(2) Deletes Department of Licensing authority to develop
curriculum, while retaining authority to develop a standard course, and
deletes a requirement for the Department to approve all training.
(3) Requires the Department to consult with law enforcement and
other public safety agencies, in addition to other specified entities,
in developing training rules.
(4) Requires at least two-thirds of the annual postassignment
training to consist of public safety or emergency procedures.
(5) Allows preassignment training to be administered or certified
by department-certified trainers, not just administered.
(6) Provides that a certificate of training may be accepted by a
private security company as evidence of completion of training instead
of requiring the company to accept it as conclusive evidence.
(7) Clarifies that refresher training must be given in each year
after the first year of employment.
(8) States that a private security company's renewal of private
security guard licenses is a declaration that the licensees have met
the postassignment training requirements.
(9) Eliminates specific monetary penalties for certain
recordkeeping violations and, instead, provides monetary penalties as
specified in the Uniform Regulation of Business and Professions Act.
(10) Delays the effective date of the act to July 1, 2007.
(11) Corrects various terms to provide for consistent usage
throughout the bill.