HB2453 - 451R

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          House Engrossed
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  State of Arizona
  House of Representatives
  Forty-fifth Legislature
  First Regular Session
  2001
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     HOUSE BILL 2453
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AN ACT

AMENDING SECTIONS 32-2406, 32-2624, 32-2632 AND 32-2635, ARIZONA REVISED STATUTES; AMENDING TITLE 32, CHAPTER 26, ARTICLE 4, ARIZONA REVISED STATUTES, BY ADDING SECTION 32-2638; RELATING TO PRIVATE INVESTIGATORS AND SECURITY GUARDS.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 32-2406, Arizona Revised Statutes, is amended to read:

32-2406. Hearings and special meetings; quorum

A. The board shall hold hearings at a time and place determined by the director. The board may hold special meetings the chairman determines necessary to carry out the functions of the board.

B. A quorum consists of three members ~~and shall include one certified peace officer, one qualifying party licensed under this chapter and the public member~~.

Sec. 2. Section 32-2624, Arizona Revised Statutes, is amended to read:

32-2624. Issuance of security guard provisional certificate, registration certificate and identification card to applicant

A. The director may issue a provisional certificate to an applicant who, on initial application for a registration certificate, complies with the application requirements set forth in section 32-2623 and who on the face of the application appears to meet the requirements of section 32-2622. The provisional certificate is valid for no more than one hundred eighty days but may be extended beyond its expiration date if there is an abnormal delay in the completion of the investigation of the applicant's qualifications. The director, his designee, the department or this state is not liable for any civil damages for the issuance of a provisional certificate if the applicant has falsified his application to conceal a prior criminal conviction.

B. The director shall, after investigation, issue a security guard registration certificate or armed security guard registration certificate under this article to any applicant who satisfactorily complies with the provisions of this chapter. Each such registration certificate shall contain the name and address of the registrant and the number of the certificate. Such registration certificate shall be issued for three years.

C. Upon the issuance of such registration certificate, an identification card as described in section 32-2633 shall be issued to such registrant, which shall be evidence that such person is a duly registered security guard. An A UNIFORMED armed security guard shall visibly display the identification card at all times during the course of employment.

D. A security guard EMPLOYEE may ~~only~~ NOT possess or carry a firearm ~~during the course of employment if~~ WHILE ON OFFICIAL DUTY UNLESS the person is currently registered as an armed security guard and is authorized by the person's employer to possess or carry the firearm.

E. A security guard shall notify the director within fifteen calendar days of any change in ~~his~~ THE SECURITY GUARD'S name or residential address.

Sec. 3. Section 32-2632, Arizona Revised Statutes, is amended to read:

32-2632. Duty of licensee to provide training of security guards; records; firearms training

A. An agency licensee shall provide for the training of all persons employed as security guards before the expiration of the provisional ~~registration~~ certificate. The required training curriculum shall be established by the director.

B. Every agency licensee shall keep an accurate and current record of pertinent information on all persons employed as security guards, which shall be made available to the director in the event of an alleged violation of this chapter.

C. ~~Effective July 1, 1992~~ At least ~~eight~~ SIXTEEN hours of firearms instruction in the use of the weapon ~~provided by the agency licensee for use~~ USED by the security guard is required if a firearm is used within the scope of employment. All firearms training and qualifications shall be conducted by a firearms instructor certified by the director and shall be completed before the security guard is assigned to any position requiring the carrying of a firearm. The licensee shall provide a monthly report to the department identifying all armed security guards employed by the agency.

D. The director shall adopt rules for BOTH OF THE FOLLOWING:

1. Certification of firearms instructors who provide the firearms training required by subsection C.

2. A FIREARMS TRAINING CURRICULUM.

Sec. 4. 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 by the director, 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, the state or any political subdivision thereof. 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 badge or shield shall be worn or carried by a security guard, AN armed security guard~~, private policeman, special policeman, watchman,~~ or AN employee or ~~licensee~~ REGISTRANT of any patrol service agency or private security guard agency, unless previously approved by the director.

Sec. 5. Title 32, chapter 26, article 4, Arizona Revised Statutes, is amended by adding section 32-2638, to read:

32-2638. Notice of arrest

WITHIN FORTY-EIGHT HOURS AFTER BEING ARRESTED, A PERSON LICENSED OR REGISTERED PURSUANT TO THIS CHAPTER SHALL NOTIFY THE PERSON'S EMPLOYER AND THE DEPARTMENT OF THE ARREST. WITHIN TWENTY-FOUR HOURS AFTER RECEIVING NOTICE OF THE PERSON'S ARREST, THE EMPLOYER SHALL NOTIFY THE DEPARTMENT OF THE ARREST.

Sec. 6. Private investigator and security guard study committee

A. The private investigator and security guard study committee is established consisting of:

1. Three members of the house of representatives, not more than two of whom are members of the same political party, appointed by the speaker of the house of representatives.

2. Three members of the senate, not more than two of whom are members of the same political party, appointed by the president of the senate.

3. One public member with experience in the private investigator industry appointed by the speaker of the house of representatives.

4. One public member with experience in the security guard industry appointed by the president of the senate.

5. One public member appointed by the governor.

6. The governor, or the governor's designee.

7. The director of the department of public safety, or the director's designee.

B. The private investigator and security guard study committee shall examine issues relating to private investigators and security guards in this state, including:

1. Standards for hiring and training a private investigator and security guard, including a statewide training standard for an armed security guard.

2. The uniform and insignia that a private investigator and a security guard wear, including the similarity of the uniform and insignia to a law enforcement officer's uniform and insignia.

3. Fees for licensure and registration in the private investigator and security guard industries.

4. Whether in-house security in places such as hotels, motels, bars, stores and apartments should be regulated.

5. The problems and benefits of provisional certificates.

C. The private investigator and security guard study committee shall submit a report of its findings and recommendations to the governor, the president of the senate and the speaker of the house of representatives on or before December 1, 2001 and shall provide a copy of this report to the secretary of state and the director of the Arizona state library, archives and public records.

Sec. 7. Delayed repeal

Section 6 of this act, relating to the study committee, is repealed from and after December 31, 2001.