BP BHEAD INT S [atlas:bill]

AN ACT Relating to functions and licensing of security guards; and amending RCW 18.170.010, 18.170.020, 18.170.040, 18.170.050, 18.170.060, 18.170.130, 18.170.165, and 18.170.230.

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

Sec. 1. RCW 18.170.010 and 1991 c 334 s 1 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(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) "Crowd control" means security functions, such as enforcing rules, preventing access to restricted areas, evicting or detaining individuals who are breaking the law or causing a disturbance, and responding to disturbances, incidents, or problems.

(6) "Crowd management," "client services," or "guest services" means services provided in the process to safely and efficiently guide people arriving, attending, and departing from a crowd venue. These services are typically performed by ticket-takers, ushers, directors, sellers, parking attendants, traffic directors, and alcohol monitors. Crowd management personnel provide guest assistance and directional guidance while monitoring and regulating crowd-related events at entertainment venues.

(7) "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)~~)) (8) "Commission" means the criminal justice training commission established in chapter 43.101 RCW.

((~~(7)~~)) (9) "Department" means the department of licensing.

((~~(8)~~)) (10) "Director" means the director of the department of licensing.

((~~(9)~~)) (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.

((~~(10)~~)) (12) "Firearms certificate" means the certificate issued by the commission.

((~~(11)~~)) (13) "Licensee" means a person granted a license required by this chapter.

((~~(12)~~)) (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.

((~~(13)~~)) (15) "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.

((~~(14)~~)) (16) "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.

((~~(15)~~)) (17) "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;

(d) Armored vehicle guard;

(e) Burglar alarm response runner; or

(f) Crowd control officer or guard, except a person solely performing the duties of crowd management or client services. The typical duties of a private security guard include, but are not limited to, the following:

(i) Prevention, deterrence, and detection crime, disorder, fires, safety violations, accidents, and vandalism by observing, patrolling, or operating specialized equipment;

(ii) Controlling facility access and egress;

(iii) Assessing crime vulnerability and recommending security processes to reduce risk or loss;

(iv) Responding to a variety of emergency situations by offering assistance to emergency response personnel;

(v) General public relations duties, such as answering phones, giving directions, taking messages, and providing information;

(vi) Enforcing lawful, specific client rules and regulations;

(vii) Performing crowd control functions; and

(viii) Writing detailed reports about all of the duties listed in this subsection (17)(f).

((~~(16)~~)) (18) "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.

((~~(17)~~)) (19) "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 18.170.020 and 1991 c 334 s 2 are each amended to read as follows:

The requirements of this chapter do not apply to:

(1) A person who is employed exclusively or regularly by one employer and performs the functions of a private security guard solely in connection with the affairs of that employer, if the employer is not a private security company;

(2) A sworn peace officer while engaged in the performance of the officer's official duties; ((or))

(3) A sworn peace officer while employed by any person to engage in off-duty employment as a private security guard, but only if the employment is approved by the chief law enforcement officer of the jurisdiction where the employment takes place and the sworn peace officer does not employ, contract with, or broker for profit other persons to assist him or her in performing the duties related to his or her private employer; or

(4) An individual solely providing crowd management, client services, or guest services functions.

Sec. 3. RCW 18.170.040 and 1991 c 334 s 4 are each amended to read as follows:

(1) An applicant must meet the following minimum requirements to obtain an armed private security guard license:

(a) Be licensed as a private security guard;

(b) Be at least twenty-one years of age;

(d) Pay the fee established by the director; and

(e) Submit a set of fingerprints.

(2) An armed private security guard license may take the form of an endorsement to the security guard license if deemed appropriate by the director.

Sec. 4. RCW 18.170.050 and 1991 c 334 s 5 are each amended to read as follows:

(1) An armed private security guard license grants authority to the holder, while in the performance of his or her duties, to carry a firearm with which the holder has met the proficiency requirements established by the commission and the caliber of which is printed on the license.

(2) All firearms carried by armed private security guards in the performance of their duties must be owned or leased by the employer and, if required by law, must be registered with the proper government agency.

Sec. 5. RCW 18.170.060 and 1995 c 277 s 4 are each amended to read as follows:

(1) In addition to meeting the minimum requirements to obtain a license as a private security guard, an applicant, or, in the case of a partnership, each partner, or, in the case of a corporation, the qualifying agent must meet the following requirements to obtain a license to own or operate a private security company:

(a) Be at least twenty-one years of age and possess three years' experience as a manager, supervisor, or administrator in the private security business or a related field approved by the director, or be at least twenty-one years of age and pass an examination determined by the director to measure the person's knowledge and competence in the private security business;

(b) Meet the insurance requirements of this chapter; and

(2) If the qualifying agent upon whom the licensee relies to comply with subsection (1) of this section ceases to perform his or her duties on a regular basis, the licensee must promptly notify the director by certified or registered mail. Within sixty days of sending notification to the director, the licensee must obtain a substitute qualifying agent who meets the requirements of this section. The director may extend the period for obtaining a substitute qualifying agent.

(3) A company license issued pursuant to this section may not be assigned or transferred without prior written approval of the director.

(4) No license to own or operate a private security guard company may be issued to an applicant if the name of the company portrays the company as a public law enforcement agency, or in association with a public law enforcement agency, or includes the word "police."

Sec. 6. RCW 18.170.130 and 1995 c 277 s 10 are each amended to read as follows:

(1) Applications for licenses required under this chapter shall be filed with the director on a form provided by the director. The director may require any information and documentation that reasonably relates to the need to determine whether the applicant meets the criteria.

(2) After receipt of an application for a license, the director shall conduct an investigation to determine whether the facts set forth in the application are true and shall request that the Washington state patrol compare the fingerprints submitted with the application to fingerprint records available to the Washington state patrol. The Washington state patrol shall forward the fingerprints of applicants for an armed private security guard license to the Federal Bureau of Investigation for a national criminal history records check. The director may require that fingerprint cards of licensees be periodically reprocessed to identify criminal convictions subsequent to registration. The director may accept proof of a recent national crime information center interstate identification index criminal background report or any national or interstate criminal background report in addition to fingerprints to accelerate the licensing process.

(3) The director ((~~shall solicit comments from the chief law enforcement officer of the county and city or town in which the applicant's employer is located on issuance of a permanent private security guard license~~)) may obtain access to juvenile offender records on applications including records sealed under RCW 13.50.050(10), to determine if the applicant's particular offense or offenses directly relate to his or her capacity to perform the duties of a private security guard. The restoration of employment rights act, chapter 9.96A RCW, does not apply to the offense or offenses that are determined to directly relate to the applicant's capacity to perform the duties of a private security guard. Representatives of the private security guard industry, law enforcement agencies, and the director shall establish criteria for determining which offenses would disqualify an applicant and depending on the offense, the time period following conviction during which the offense can be considered for disqualification. Applicants who are determined to be disqualified under this section are entitled to appeal disqualification to the director through an administrative appeals process to be established by the director and industry representatives.

(4) A summary of the information acquired under this section, to the extent that it is public information, shall be forwarded by the department to the applicant's employer.

Sec. 7. RCW 18.170.165 and 1995 c 277 s 2 are each amended to read as follows:

A licensee who transfers from one company to another must submit a transfer application within seventy-two hours on a form prescribed by the director along with a transfer fee established by the director.

Sec. 8. RCW 18.170.230 and 1995 c 277 s 15 are each amended to read as follows:

Upon a finding that a license holder or applicant has committed unprofessional conduct or is unable to practice with reasonable skill and safety due to a physical or mental condition, the director may issue an order providing for one or any combination of the following:

(1) Denial or revocation of the license or application;

(2) Suspension of the license for a fixed or indefinite term;

(3) Restriction or limitation of the practice;

(4) Requiring the satisfactory completion of a specific program of remedial education or treatment;

(5) Monitoring of the practice by a supervisor approved by the director;

(6) Censure or reprimand;

(7) Compliance with conditions of probation for a designated period of time;

(8) Withholding a license request;

(9) Other corrective action;

(10) Refund of fees billed to and collected from the consumer; or

(11) The assessment of administrative penalties.

Any of the actions under this section may be totally or partly stayed by the director. All costs associated with compliance with orders issued under this section are the obligation of the license holder or applicant.