WSR 02-21-090

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed October 21, 2002, 11:57 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-18-065.

Title of Rule: WAC 308-18-120 Armed private security guard applications -- Conditions and 308-18-240 Required records.

Purpose: (1) The department needs to plug the gap in current law by passing a rule that will require aliens to produce their alien firearm licenses when applying for and renewing their armed security guard licenses. The department issues aliens armed security guard licenses and by doing so it implies that the alien is legal to be armed, which is not true because an alien commits a felony by carrying or possessing a firearm without an alien firearm license.

(2) Maintaining the annual shooting requirements at the security guard company level will reduce turn-around time and reduce workloads for armed security guard licensing renewals without compromising public safety.

Statutory Authority for Adoption: Chapter 18.170 RCW.

Summary: To require alien residents to provide proof of their alien firearm licenses when they submit original or renewal armed private security guard applications and to require that security guard company principals maintain annual shooting requirements for armed security guards in the security guard company training files, or employee's files.

Reasons Supporting Proposal: The proposed changes will increase public protection and provide improved customer service for armed license application and renewals without compromising public safety.

Name of Agency Personnel Responsible for Drafting and Implementation: Mary Haglund, Olympia, (360) 664-6624; and Enforcement: Pat Brown, Olympia, (360) 664-6624.

Name of Proponent: Department of Licensing, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: (1) The department needs to plug the gap in current law by passing a rule that will require aliens to produce their alien firearm licenses when applying for their armed security guard licenses. The department issues aliens armed security guard licenses and by doing so it implies that the alien is legal to be armed, which is not true because an alien commits a felony by carrying or possessing a firearm without an alien firearm license. The department needs to enact measures to ensure that it is not granting a security guard license to an applicant who is committing a felony.

(2) Maintaining the annual shooting requirements at the security guard company level will streamline and reduce workloads for armed security guard licensing renewals without compromising public safety.

Proposal Changes the Following Existing Rules: See below.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule does not have an economic impact to the licenses or stakeholders.

RCW 34.05.328 does not apply to this rule adoption. Because the Department of Licensing (DOL) is not one of the named agencies to which this rule applies. Agencies that are not named can apply this rule to themselves voluntarily. DOL has chosen not to do this.

Hearing Location: Department of Licensing, 405 Black Lake Boulevard, Building #2, Room #102, Olympia, WA 98507, on November 26, 2002, at 11:00 a.m.

Assistance for Persons with Disabilities: Contact Mary Haglund by November 25, 2002, TDD (360) 586-2788.

Submit Written Comments to: Mary Haglund, Department of Licensing, Public Protection Unit, P.O. Box 9649, Olympia, WA 98507-9649, (360) 664-6624, fax (360) 570-7888.

Date of Intended Adoption: November 27, 2002.

Pat Brown

Administrator


AMENDATORY SECTION(Amending WSR 97-17-050, filed 8/15/97)

WAC 308-18-120   Armed private security guard applications -- Conditions.   (1) Any person desiring to be an armed private security guard shall obtain a firearms certificate from the criminal justice training commission, make application on a form prescribed by the director, and pay a nonrefundable fee as prescribed by WAC 308-18-150.

(2) If the applicant is an alien resident, the applicant must provide proof of their Alien Firearm License when they submit an application for original or renewal of their armed security guard license. Proof of Alien Firearm License may be provided by submitting a copy of their current Alien Firearm License.

[Statutory Authority: RCW 18.170.180(1), 43.24.086 and 34.05.482. 97-17-050, 308-18-120, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 18.170.180. 91-22-112, 308-18-120, filed 11/6/91, effective 12/7/91.]


AMENDATORY SECTION(Amending WSR 97-17-050, filed 8/15/97)

WAC 308-18-240   Required records.   The minimum records the principal of a private security guard company shall be required to keep are:

(1) Preassignment training and testing records for each private security guard.

(2) Private security guard temporary registration card ledger showing the department-supplied registration number, applicant's name, date of issue, date of expiration and date card was forwarded to the director.

(3) The company principal shall maintain proof of annual shooting requirements for each armed security guard employed by the security guard company in the armed security guard's training files or employee's files.

These records shall be retained and available for inspection by the director or the director's authorized representative for a minimum of three years.

[Statutory Authority: RCW 18.170.180(1), 43.24.086 and 34.05.482. 97-17-050, 308-18-240, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 18.170.180. 91-22-112, 308-18-240, filed 11/6/91, effective 12/7/91.]

Washington State Code Reviser's Office