SB 6090

Washington State House of Representatives Office of Program Research	BILL ANALYSIS

Commerce & Labor Committee

SB 6090

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Regarding persons who perform crowd management or guest services.

Sponsors: Senators Delvin, Zarelli and McCaslin.

Brief Summary of Bill

Modifies the exemption for guest services or crowd management employees within the statutes requiring licensing of private security guards.

Hearing Date: 3/27/07

Staff: Sarah Beznoska (786-7109).

Background:

The Department of Licensing (Department) regulates private security guards and private security guard businesses. A private security guard is an individual licensed under the private security guard licensing law and principally employed as:

a security officer or guard;
a merchant patrol officer or guard;
an armed escort or bodyguard;
an armored vehicle guard;
a burglar alarm response runner; or
a crowd control officer or guard.

To be licensed as a private security guard, applicants must meet minimum requirements, including no criminal history related to the capacity to perform private security guard duties, and pay a license fee. After receiving an application for a license, the Department conducts a background investigation of the applicant, including fingerprint comparison.

The private security guard licensing law exempts:

persons who perform private security guard duties for a private employer who is not in the private security guard business;
peace officers who are performing their official duties or who are engaged in off-duty employment as security guards; and
guest services or crowd management employees who do not perform the duties of a private security guard.

The exemption for guest services or crowd management employees was enacted in 2006.

Summary of Bill:

The exemption for guest services or crowd management employees is modified to exempt a person performing crowd management or guest services including, but not limited to, a person described as a ticket taker, usher, door attendant, parking attendant, crowd monitor, or event staff who:

does not carry a firearm or other dangerous weapon;
does not wear a uniform; and
does not have as his or her primary responsibility, the detainment of persons or placement of persons under arrest.

The exemption only applies when a crowd has assembled for the purpose of attending or taking part in an organized event, including pre-event assembly, event operation hours, and post-event departure activities.

"Primary responsibility" means an activity that is fundamental to, and required or expected in, the regular course of employment and is not merely incidental to employment.

Rules Authority: The bill does not address the rule-making powers of an agency.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.