BILL REQ. #:  H-0362.2 

Prefiled 1/5/2007. Read first time 01/08/2007.   Referred to Committee on Commerce & Labor.

     AN ACT Relating to defining private security guard; and amending RCW 18.170.010 and 18.170.020.

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) "Director" means the director of the department of licensing.
     (10) "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) "Firearms certificate" means the certificate issued by the commission.
     (12) "Licensee" means a person granted a license required by this chapter.
     (13) "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) "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) "Preassignment training" means the classroom training completed prior to being assigned to work independently.
     (16) "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) "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) "Private security guard" means an individual who is licensed under this chapter ((and principally employed as or)), whose principal duties include the protection of people or property, and who may be typically, but not exclusively, 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) "Protection of people or property" includes the following functions:
     (a) Protection of individuals or property, including information and other assets, from harm;
     (b) Prevention of the theft, misappropriation, or concealment of goods, money, valuable documents, information, or other assets;
     (c) Prevention, observation, or detection of unauthorized activity on private property, including but not limited to arson, vandalism, and unlawful intrusion, entry, or trespass; and
     (d) Control, regulation, or direction of the flow or movement of the public, whether by vehicle or otherwise, on the premises of the person that entered into the contract for security services, and only to the extent and for the time directly and specifically required to ensure the protection of people or property.
     (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 18.170.020 and 2006 c 173 s 1 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;
     (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) Guest services or crowd management employees who do not perform the duties of a private security guard. For purposes of this subsection, "guest services or crowd management employees" include ushers, ticket takers, parking lot attendants, and other persons employed to perform similar job duties as identified by department rules adopted in consultation with interested parties.