BILL REQ. #:  S-3539.1 

Read first time 01/09/2006.   Referred to Committee on Labor, Commerce, Research & Development.

     AN ACT Relating to security guard training; amending RCW 18.170.010 and 18.170.100; adding a new section to chapter 18.170 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

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 preassignment training under this chapter: A private licensed 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 and curriculum for private security guard preassignment and postassignment or on-the-job training and testing requirements. The department must approve all training provided under this section.
     (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 security guards licensed on or after July 1, 2005, must complete at least eight hours of preassignment training administered 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 must be accepted as conclusive 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.
     (2))) (3)(a) Beginning July 1, 2005, all security guards must complete at least eight hours of postassignment or on-the-job training((.)) as follows:
     (((a))) (i) For 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 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)) course curriculum 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 security guard is the number required on the date the security guard was initially licensed by the department. These additional hours of postassignment training must be completed within eighteen months after the date a security guard initial license is issued by the department.
     (d) In addition to the postassignment training required under (a) of this subsection, a private security company must annually provide each licensed security guard in its employ with eight hours of specifically dedicated review or practice of security guard skills taught by department-certified trainers.
     (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 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 trainer.
     (3) The director shall consult with ((the private security industry and law enforcement)) consumers, labor organizations representing private security officers, private security companies, 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 in the amount of one hundred dollars for the first violation and two hundred dollars for subsequent violations 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.