Bill Text: AZ SB1245 | 2012 | Fiftieth Legislature 2nd Regular | Engrossed
Bill Title: Security guards; regulations
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2012-03-26 - Referred to House RULES Committee [SB1245 Detail]
Download: Arizona-2012-SB1245-Engrossed.html
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Senate Engrossed |
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State of Arizona Senate Fiftieth Legislature Second Regular Session 2012
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SENATE BILL 1245 |
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AN ACT
amending sections 32‑2601, 32‑2606, 32‑2613, 32‑2617, 32‑2635 and 32‑2640, Arizona Revised Statutes; relating to security personnel.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-2601, Arizona Revised Statutes, is amended to read:
32-2601. Definitions
In this chapter, unless the context otherwise requires:
1. "Advertising" means submitting bids, contracting or making known by any public notice, publication or solicitation of business, directly or indirectly, that services regulated under this chapter are available for consideration.
2. "Agency license" means a certificate that is authenticated by the department and that attests that a qualifying party is authorized to conduct the business of private security guard service in this state.
3. "Applicant" means a person who has submitted a completed application and all required application and fingerprint processing fees.
4. "Armed security guard" means a registered security guard who wears, carries, possesses or has access to a firearm at any time during the course of employment.
5. "Associate" means a person who is a partner or corporate officer in a security guard agency.
6. "Board" means the private investigator and security guard hearing board established pursuant to section 32‑2404.
7. "Conviction" means an adjudication of guilt by a federal, state or local court resulting from trial or plea, including a plea of no contest, regardless of whether or not the adjudication of guilt was set aside or vacated.
8. "Department" means the department of public safety.
9. "Director" means the director of the department of public safety.
10. "Emergency action" means a summary suspension of a license pending revocation, suspension or probation in order to protect the public health, safety or welfare.
11. "Employee" means an individual who works for an employer, is listed on the employer's payroll records and is under the employer's direction and control.
12. "Employer" means a person who is licensed pursuant to this chapter, who employs an individual for wages or salary, who lists the individual on the employer's payroll records and who withholds all legally required deductions and contributions.
13. "Identification card" means a card issued by the department to a qualified applicant for an agency license, to an associate or to a registrant.
14. "Letter of concern" means an advisory letter to notify a licensee or registrant that while there is insufficient evidence to support probation, suspension or revocation of a license or registration the department believes the licensee or registrant should modify or eliminate certain practices and that continuation of the activities that led to the information being submitted to the department may result in further disciplinary action against the person's license or registration.
15. "Licensee" means a person to whom an agency license is granted pursuant to article 2 of this chapter.
16. "Private security guard service" means any agency, individual or employer in the business of furnishing to the public for hire, fee or reward dogs, watchmen, patrol service, private security guards or other persons to protect human life or to prevent the theft or the misappropriation or concealment of goods, wares, merchandise, money, bonds, stocks, notes, choses in action or other property, valuable documents, papers and articles of value.
17. 16. "Proprietary company" means a company that employs security guards personnel or armed security guards personnel solely for use of and service to itself, its subsidiaries and related companies or to any locations or facilities that are owned or controlled by the company, and not for others.
17. "Public place" means any area in which the public is invited or in which the public is permitted, including airports, financial institutions, bars, common areas of apartment buildings, condominiums or other multifamily housing facilities, hotel and motel common areas, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports facilities, theaters and waiting rooms.
18. "Qualifying party" means the individual who meets the qualifications under this chapter for an agency license.
19. "Registrant" means an employee of a licensed agency who is qualified to perform the services of a security guard.
20. "Registration certificate" means a certificate that is authenticated by the department and that attests that an employee of a business holding an agency license has satisfactorily complied with article 3 of this chapter.
21. "Restructuring" means any change in a business' legal status.
22. "Security guard":
(a) Means any person employed by a private security guard service or proprietary company as a watchman, patrolman, bodyguard, personal protection guard, private security guard or other person who performs security guard services, but does not include any regularly commissioned police or peace officer or railroad police appointed pursuant to section 40‑856. For the purpose of maintaining order in a public place and whose primary job duties include any of the following:
(i) Restraining or limiting movement of members of the general public that, if escalated, includes the justified use of physical force as described in section 13-403, paragraph 3.
(ii) Conducting searches of people or property, including pat downs or motor vehicle searches.
(iii) Preventing or terminating the theft, misappropriation or concealment of goods, wares, merchandise, money, bonds, stocks, notes, choses in action or other property, valuable documents, papers and articles of value.
(iv) Preventing or terminating unauthorized activity on the property that the security guard is hired to protect.
(b) Does not include either of the following:
(i) Any regularly commissioned police or peace officer or railroad police appointed pursuant to section 40-856.
(ii) A person employed by a security guard service or proprietary company who does not primarily perform any of the functions pursuant to subdivision (a) of this paragraph and who is primarily a member of guest services or similar event staff or who primarily performs the services of an usher or ticket taker at events that include athletic events, concerts, fairs, festivals and trade shows if the person does not wear any clothing, badge, patch or lettering that identifies the person as a person who provides a security function at the event, is not referred to by a title with security connotations such as "guard" or "security" and is not armed with a dangerous weapon.
23. "Security guard service" means any agency, individual or employer in the business of furnishing to the public for hire or for a fee or reward dogs, watchmen, patrol services or security guards or any other persons to perform the functions of a security guard as defined in this section.
23. 24. "Unprofessional conduct" means any of the following:
(a) Engaging or offering to engage by fraud or misrepresentation in activities regulated by this chapter.
(b) Aiding or abetting a person who is not licensed or registered pursuant to this chapter in representing that person as a security guard in this state.
(c) Gross negligence in the practice of a security guard.
(d) Failing or refusing to maintain adequate records on a client containing at least sufficient information to identify the client, the dates of service, the fee for service and the payments for service.
(e) Committing a felony or a misdemeanor involving any crime that is grounds for denial, suspension or revocation of a security guard agency license or employee registration certificate. In all cases, conviction by a court of competent jurisdiction or a plea of no contest is conclusive evidence of the commission.
(f) Making a fraudulent or false statement to the department, the board or the department's investigators, staff or consultants.
Sec. 2. Section 32-2606, Arizona Revised Statutes, is amended to read:
32-2606. Exceptions
This chapter does not apply to:
1. An officer or employee of the federal government, this state or a political subdivision of this state while the officer or employee is performing official duties.
2. An individual who performs security related work at:
(a) A commercial nuclear generating station that is subject to federal regulatory requirements.
(b) A company that is subject to department of defense regulatory requirements.
3. A proprietary company that employs security guards solely for use of and service to itself and not for others and that complies with personnel or armed security personnel if the following requirements are met:
(a) If the company's security guards personnel are armed, each guard must complete completes sixteen hours of firearms training initially and complete completes an additional eight hours of refresher training each year thereafter. The training described in this subdivision shall meet the requirements of section 32-2632.
(b) If the security guard personnel wears a uniform or badge, the uniform or badge must strictly conform conforms to the standards established by the department pursuant to this chapter section 32-2635.
(c) The company must annually submit submits an affidavit to the department that attests to the company's compliance with its internal procedures that require a background investigation for each of its security guards personnel.
4. The Arizona rangers organization as identified in section 41-4201, or authorized persons performing official Arizona ranger duties when in the service of a nonprofit organization recognized under section 501(c)(3) of the internal revenue code.
Sec. 3. Section 32-2613, Arizona Revised Statutes, is amended to read:
32-2613. Application for agency license; financial responsibility; notice and opportunity to supply additional information
A. Every application for an original or renewal agency license to operate as a private security guard service shall set forth verified information to assist the department in determining the applicant's ability to meet the requirements set forth in this chapter and shall include the following:
1. The full name and business address of the applicant.
2. The name under which the applicant intends to do business.
3. A statement as to the general nature of the business in which the applicant intends to engage, including identification of armed security guard training requirements and identification of employees acting as armed security guards.
4. Photographs of the applicant of a number and type prescribed by the department.
5. Fingerprints of the applicant of a quality and number prescribed by the department for the purpose of obtaining state and federal criminal records checks pursuant to section 41‑1750 and Public Law 92‑544. The department may exchange this fingerprint data with the federal bureau of investigation. The department may conduct periodic state criminal history checks to ensure continued qualification under this chapter.
6. A verified statement of the applicant's experience and qualifications.
7. Such other information, evidence, statements or documents as may reasonably be required by the director.
B. If the applicant is other than an individual, each of its partners, resident officers, associates, directors and managers, in addition to its qualifying party, shall comply with the requirements of subsection A of this section. If the applicant is other than an individual, the application shall contain the full name and address of each of its board members, and the president, vice‑president, secretary and treasurer. The person who will manage the business conducted in this state shall comply in full with the requirements of subsection A of this section.
C. An application for an original or a renewal agency license shall be accompanied by:
1. The fee as prescribed pursuant to section 32‑2607.
2. A certificate of a liability insurance policy, issued by an insurance company licensed or authorized to do business in this state. The minimum limits of such liability insurance policies shall be established by the department. Any insurer issuing such a policy shall give written notice to the department of any cancellation of such policy. Such notice shall be given by the insurer to the director at least ten days before such cancellation by certified mail.
3. A certificate of workers' compensation insurance.
4. A completed form describing the agency's training program for employees as described in section 32‑2632, subsection A, including training requirements for and identification of armed security guards employed by the agency. The form shall be as prescribed by the director and require such information as the director deems necessary.
D. If an application is incomplete, the department shall notify the applicant pursuant to section 41‑1074. If the department requires additional information to make a decision on licensure, the department shall notify the applicant pursuant to section 41‑1075. The department shall send notices under this subsection to the applicant's last known residential address and shall include sufficient information to assist the applicant to complete the application process. The applicant has forty‑five calendar days from the date of notification to provide the additional documentation. If the applicant fails to respond within forty‑five calendar days, the application and any certificates issued are automatically suspended until the department receives the necessary documentation to approve or deny the application.
Sec. 4. Section 32-2617, Arizona Revised Statutes, is amended to read:
32-2617. Branch office certificate
A. A licensee may not establish a branch office of a licensed agency unless the department has issued a branch office certificate.
B. A branch office certificate authorizes the qualifying party of an agency licensee to conduct the business of a private security guard service agency in this state at a location other than the principal place of business shown on the agency license.
C. An application for a branch office certificate shall be on such form as the department prescribes.
D. The branch office certificate shall be issued in the name of the licensed agency only.
Sec. 5. Section 32-2635, Arizona Revised Statutes, is amended to read:
32-2635. Uniform and insignia
A. The particular type of uniform and insignia for a security guard or an armed security guard shall be subject to approval according to rules adopted by the department and shall be such that it will not deceive or confuse the public or be identical with that of any law enforcement officer of the federal government, this state or any political subdivision of this state. Shoulder identification patches shall be worn on all uniform jackets, coats and shirts and shall include the name of the agency licensee. Shoulder identification patches or emblems shall not be less than two inches by three inches in size.
B. No a badge or shield shall not be worn or carried by a security guard, an armed security guard or an employee or registrant of any patrol service agency or private security guard agency, unless previously approved by the director.
Sec. 6. Section 32-2640, Arizona Revised Statutes, is amended to read:
32-2640. Grounds for refusal to issue or renew an agency license; judicial review; good cause exceptions
A. Except as provided in subsection E of this section, the department may deny the issuance or renewal of an agency license if the individual applicant or, if the applicant is other than an individual, any qualifying party:
1. Does not meet the requirements prescribed in section 32‑2612.
2. Has committed any act that, if committed by a licensee, would be grounds for the suspension or revocation of a license pursuant to this chapter.
3. Has been refused a license under this chapter, or had such a license revoked or has been an associate of any applicant or licensee who has been refused a license under this chapter or who has had a license revoked.
4. While not licensed under this chapter, has committed or aided and abetted the commission of any act for which a registration certificate is required by this chapter or has acted, or attempted to act, as a private security guard service or a security guard.
5. Has knowingly made any false statement in the application.
6. Failed to provide adequate verification of required experience.
B. The denial of the issuance of an agency license or identification card under this chapter shall be in writing and shall describe the basis for the denial. The denial notice shall inform the applicant that if the applicant desires a hearing by the board to contest the denial, the applicant shall submit the request in writing to the department within thirty calendar days after service of the denial. Service is complete on the mailing of the denial to the address listed on the application.
C. Except as provided in section 41‑1092.08, subsection H, final decisions of the director are subject to judicial review pursuant to title 12, chapter 7, article 6.
D. If an applicant is denied an agency license, the applicant may petition the board for a good cause exception.
E. If the board granted a licensee a good cause exception pursuant to section 32‑2609, the department may not deny the licensee's renewal application based on factors already reviewed by the board when granting the good cause exception.
