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S.B. 53
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LICENSING SECURITY OFFICERS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: David H. Steele
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AN ACT RELATING TO PUBLIC SAFETY; REVISING THE PRIVATE SECURITY OFFICER
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AND ALARM RESPONSE RUNNER LICENSURE PROVISIONS; ADDING CERTAIN
7
DEFINITIONS; AMENDING THE BOARD MEMBERSHIP, ESTABLISHING A DATE FOR
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NEW LICENSURE; AND PROVIDING AN EFFECTIVE DATE.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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58-63-102, as last amended by Chapters 79 and 228, Laws of Utah 1996
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58-63-201, as last amended by Chapter 228, Laws of Utah 1996
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58-63-301, as last amended by Chapter 228, Laws of Utah 1996
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58-63-302, as last amended by Chapter 375, Laws of Utah 1997
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58-63-304, as last amended by Chapter 228, Laws of Utah 1996
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58-63-305, as enacted by Chapter 215, Laws of Utah 1995
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58-63-306, as enacted by Chapter 215, Laws of Utah 1995
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58-63-307, as enacted by Chapter 215, Laws of Utah 1995
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58-63-308, as enacted by Chapter 215, Laws of Utah 1995
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58-63-309, as enacted by Chapter 215, Laws of Utah 1995
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58-63-310, as enacted by Chapter 228, Laws of Utah 1996
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58-63-401, as enacted by Chapter 215, Laws of Utah 1995
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58-63-501, as last amended by Chapter 228, Laws of Utah 1996
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58-63-502, as last amended by Chapter 228, Laws of Utah 1996
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58-63-601, as enacted by Chapter 215, Laws of Utah 1995
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ENACTS:
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58-63-311, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
58-63-102
is amended to read:
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58-63-102. Definitions.
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In addition to the definitions in Section
58-1-102
, as used in this chapter:
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(1) (a) "Alarm response runner" means an individual:
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[(a)] (i) employed by a [contract] security company;
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[(b)] (ii) whose primary responsibility is to respond to security system signals of that
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company; and
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[(c)] (iii) whose [sole function is not to maintain] responsibility does not include
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maintaining or [repair] repairing security systems.
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(b) "Alarm response runner" includes persons licensed as armed alarm response runners
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and as unarmed alarm response runners.
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(2) "Armed alarm response runner" means an individual employed as an alarm response
41
runner and who wears, carries, possesses, or has immediate access to a firearm at any time in the
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performance of the individual's employment duties.
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[(2)] (3) "Armed courier service" means a person engaged in business as a [contract]
44
security company who transports or offers to transport tangible personal property from one place
45
or point to another under the control of an armed private security officer employed by that service.
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[(3)] (4) "Armed private security officer" means an individual:
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(a) employed [by a contract security company] as a private security officer; and
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[(b) whose primary duty is that of guarding personal or real property, or providing
49
protection or security to the life and well being of humans or animals; and]
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[(c)] (b) who wears, carries, possesses, or has immediate access to a firearm at any time
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in the performance of the individual's duties.
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[(4)] (5) "Armored car service" means a person engaged in business as a [contract] security
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company who transports or offers to transport tangible personal property from one place or point
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to another under the control of an armed or unarmed private security officer employed by the
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company using a specially equipped motor vehicle offering a high degree of security.
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[(5)] (6) "Board" means the Security Services Licensing Board created in Section
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58-63-201
.
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[(6) "Contract security company" means a person engaged in business to provide security
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or guard services to another person for the purpose of protecting tangible personal property, real
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property, or the life and well being of human or animal life by assignment of security officers
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employed by the company and the use of specialized resources, motor vehicles, or equipment.]
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(7) "Conviction" means criminal conduct regarding which the filing of a criminal charge
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has resulted in:
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(a) a finding of guilt based on evidence presented to a judge or jury;
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(b) a plea of guilty;
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(c) a plea of nolo contendere;
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(d) a plea of guilty or nolo contendere which is held in abeyance pending the successful
68
completion of probation;
69
(e) a pending diversion agreement; or
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(f) a conviction which has been reduced pursuant to Section
76-3-402
.
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[(7)] (8) "Identification card" means a personal pocket or wallet size card issued by the
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division to each security officer licensed under this chapter.
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[(8)] (9) "Officer" means a president, vice president, secretary, treasurer, or other officer
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of a corporation or limited liability company listed as an officer in the files with the Division of
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Corporations and Commercial Code.
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[(9)] (10) "Owner" means a proprietor or general partner of a proprietorship or partnership.
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[(10)] (11) "Peace officer" means a person who:
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(a) is a certified peace officer as defined in Title 53, Chapter 6, Peace Officer Standards
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and Training Act; and
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(b) derives total or special law enforcement powers from, and is an employee of the federal
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government, the state, or any political subdivision, agency, department, branch, or service of either,
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of any municipality, or of any other unit of local government.
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(12) (a) "Private security officer" means an individual who is not a peace officer and who
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is employed to perform principally one or more of the following functions within the state:
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(i) protection of individuals or property from harm, theft, or other unlawful activity;
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(ii) deterrence, observation, detection, or reporting of incidents in order to prevent any
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unlawful or unauthorized activity, including intrusion or entry, larceny, vandalism, abuse, arson,
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or trespass on property;
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(iii) street patrol service; or
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(iv) response to, but not installation or service of, a security system alarm installed or used
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to:
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(A) prevent or detect unauthorized intrusion, robbery, burglary, theft, or other losses; or
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(B) maintain security of a protected premises.
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(b) "Private security officer" does not include a security officer who is providing services
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listed under this Subsection (12)(a) and is:
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(i) currently subject to regulation regarding registration and training in the performance
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of these services by the federal government; or
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(ii) an unarmed security officer providing these services on a voluntary basis.
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(c) "Private security officer" includes persons licensed as armed private security officers
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and as unarmed private security officers.
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(13) "Proprietary business or entity" means a business or entity that has employees who
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provide to the business services as private security officers as part of the employees' scope of
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employment.
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[(11)] (14) "Regular basis" means 20 or more hours per month.
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[(12) (a) "Security officer" means an individual who:]
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[(i) is employed by a contract security company securing, guarding, or otherwise protecting
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tangible personal property, real property, or the life and well being of human or animal life
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against:]
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[(A) trespass or other unlawful intrusion or entry;]
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[(B) larceny;]
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[(C) vandalism or other abuse;]
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[(D) arson or any other criminal activity; or]
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[(E) personal injury caused by another person or as a result of acts or omissions by another
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person;]
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[(ii) is controlling, regulating, or directing the flow of movements of individuals or
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vehicles; or]
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[(iii) providing street patrol service.]
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[(b) "Security officer" does not include an individual whose duties are limited to custodial
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or other services even though the presence of that individual may act to provide some of the
120
services set forth under Subsection (12)(a).]
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(15) "Security company" means an individual, partnership, corporation, or other entity:
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(a) engaged in business to provide security or guard services to a third party person or
123
entity for the purpose of protecting tangible personal property, real property, or the life and well
124
being of a human or animal by assignment of private security officers employed by the company
125
and the use of specialized resources, motor vehicles, or equipment; and
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(b) subject to licensure under this chapter.
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[(13)] (16) "Security system" means equipment, devices, or instruments installed for the
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purpose of:
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(a) detecting and signaling entry or intrusion by some individual into or onto, or exit from
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the premises protected by the system; or
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(b) signaling the commission of a robbery or other criminal activity at the election of an
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individual having control of the features of the security system.
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[(14)] (17) "Street patrol service" means a person engaged in business as a [contract]
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security company who provides patrols by means of foot, vehicle, or other method of
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transportation using public streets, thoroughfares, or property in the performance of [their] his
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duties and responsibilities.
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(18) "Unarmed alarm response runner" means an individual:
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(a) employed as an alarm response runner; and
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(b) who never wears, carries, possesses, or has immediate access to a firearm at any time
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in the performance of the individual's duties.
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[(15)] (19) "Unarmed private security officer" means an individual:
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(a) employed [by a contract security company] as a private security officer; and
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[(b) whose primary duty is that of guarding personal or real property, or providing
144
protection or security to the life and well being of humans or animals;]
145
[(c)] (b) who never wears, carries, possesses, or has immediate access to a firearm at any
146
time in the performance of his duties[; and].
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[(d) who wears clothing of distinctive design or fashion bearing any symbol, badge,
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emblem, insignia, or other device that identifies or tends to identify the wearer as a security
149
officer.]
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[(16)] (20) "Unlawful conduct" is as defined in Sections
58-1-501
and
58-63-501
.
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[(17)] (21) "Unprofessional conduct" is as defined in Sections
58-1-501
and
58-63-502
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and as may be further defined by rule.
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Section 2.
Section
58-63-201
is amended to read:
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58-63-201. Board -- Duties.
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(1) There is created the Security Services Licensing Board consisting of:
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(a) [three] two individuals who are officers or owners of licensed [contract] security
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companies, one of whom employs armed private security officers;
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(b) one individual from among nominees of the Utah [Sheriff's] Peace Officer's
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Association;
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[(c) one individual from among nominees of the Utah Chief's of Police Association; and]
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(c) two individuals who are managers or administrators of a proprietary business or entity,
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and one of whom represents a proprietary business or entity which employs armed private security
163
officers;
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(d) two individuals who are licensed private security officers, and one of whom is
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employed by a licensed security company; and
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[(d) one individual] (e) two individuals representing the general public.
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(2) The board shall be appointed and serve in accordance with Section
58-1-201
.
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(3) The duties and responsibilities of the board [shall be] are in accordance with Sections
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58-1-202
and
58-1-203
. In addition, the board shall designate one of its members on a permanent
170
or rotating basis to:
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(a) assist the division in reviewing complaints concerning the unlawful or unprofessional
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conduct of a licensee; and
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(b) advise the division in its investigation of these complaints.
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(4) A board member who[,] under Subsection (3) has reviewed a complaint or advised in
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its investigation is disqualified from participating with the board when the board serves as a
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presiding officer in an adjudicative proceeding concerning the complaint.
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Section 3.
Section
58-63-301
is amended to read:
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58-63-301. Licensure required -- License classifications.
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(1) A license is required to engage in the practice as a [contract] security company, alarm
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response runner, [armed] or private security officer, [or unarmed private security officer,] except
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as specifically provided in Section
58-63-304
,
58-63-310
, or
58-1-307
.
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(2) The division shall issue to a person who qualifies under this chapter a license in the
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[classifications] classification:
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(a) [contract] security company;
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(b) armed private security officer;
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(c) unarmed private security officer; [or]
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(d) armed alarm response runner[.]; or
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(e) unarmed alarm response runner.
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Section 4.
Section
58-63-302
is amended to read:
190
58-63-302. Qualifications for licensure -- Security company, private security officer,
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alarm response runner.
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(1) Each applicant for licensure as a [contract] security company shall:
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(a) submit an application in a form prescribed by the division;
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(b) pay a fee determined by the department under Section
63-38-3.2
;
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(c) have a qualifying agent who is a resident of the state and an officer, director, partner,
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proprietor, or manager of the applicant who:
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(i) passes an examination component established by rule by the division in collaboration
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with the board; and
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(ii) (A) demonstrates 6,000 hours of experience as a manager, supervisor, or administrator
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of a [contract] security company; or
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(B) demonstrates 6,000 hours of supervisory experience acceptable to the division in
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collaboration with the board with a federal, United States military, state, county, or municipal law
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enforcement agency;
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(d) if a corporation, provide:
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(i) the names, addresses, dates of birth, and social security numbers of all corporate
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officers, directors, and those responsible management personnel employed within the state or
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having direct responsibility for managing operations of the applicant within the state; and
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(ii) the names, addresses, dates of birth, and social security numbers, of all shareholders
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owning 5% or more of the outstanding shares of the corporation, except this may not be required
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if the stock is publicly listed and traded;
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(e) if a limited liability company, provide:
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(i) the names, addresses, dates of birth, and social security numbers of all company
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officers, and those responsible management personnel employed within the state or having direct
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responsibility for managing operations of the applicant within the state; and
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(ii) the names, addresses, dates of birth, and social security numbers of all individuals
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owning 5% or more of the equity of the company;
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(f) if a partnership, the names, addresses, dates of birth, and social security numbers of all
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general partners, and those responsible management personnel employed within the state or having
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direct responsibility for managing operations of the applicant within the state;
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(g) if a proprietorship, the names, addresses, dates of birth, and social security numbers
221
of the proprietor, and those responsible management personnel employed within the state or having
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direct responsibility for managing operations of the applicant within the state;
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(h) be of good moral character in that officers, directors, shareholders described in
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Subsection (1)(d)(ii), partners, proprietors, and responsible management personnel have not been
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convicted of a felony, a misdemeanor involving moral turpitude, or any other crime that when
226
considered with the duties and responsibilities of a [contract] security company is considered by
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the division and the board to indicate that the best interests of the public are not served by granting
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the applicant a license;
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(i) document that none of the applicant's officers, directors, shareholders described in
230
Subsection (1)(d)(ii), partners, proprietors, and responsible management personnel:
231
(i) have been declared by any court of competent jurisdiction incompetent by reason of
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mental defect or disease and not been restored; and
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(ii) currently suffer from habitual drunkenness or from drug addiction or dependence;
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(j) file and maintain with the division evidence of:
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(i) comprehensive general liability insurance in form and in amounts to be established by
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rule by the division in collaboration with the board;
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(ii) workers' compensation insurance that covers employees of the applicant in accordance
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with applicable Utah law;
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(iii) registration with the Division of Corporations and Commercial Code; and
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(iv) registration as required by applicable law with the:
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(A) Division of Workforce Information and Payment Services in the Department of
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Workforce Services, for purposes of Title 35A, Chapter 4, Employment Security Act;
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(B) State Tax Commission; and
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(C) Internal Revenue Service; and
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(k) meet with the division and board if requested by the division or board.
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(2) Each applicant for licensure as an armed private security officer shall:
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(a) submit an application in a form prescribed by the division;
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(b) pay a fee determined by the department under Section
63-38-3.2
;
249
(c) be of good moral character in that the applicant has not been convicted of a felony, a
250
misdemeanor involving moral turpitude, or any other crime that when considered with the duties
251
and responsibilities of an armed private security officer is considered by the division and the board
252
to indicate that the best interests of the public are not served by granting the applicant a license;
253
(d) not have been declared by any court of competent jurisdiction incompetent by reason
254
of mental defect or disease and not been restored;
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(e) not be currently suffering from habitual drunkenness or from drug addiction or
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dependence;
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(f) successfully complete basic education and training requirements established by rule by
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the division in collaboration with the board;
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(g) successfully complete firearms training requirements established by rule by the division
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in collaboration with the board;
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(h) pass the examination requirement established by rule by the division in collaboration
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with the board; and
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(i) meet with the division and board if requested by the division or the board.
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(3) Each applicant for licensure as an unarmed private security officer shall:
265
(a) submit an application in a form prescribed by the division;
266
(b) pay a fee determined by the department under Section
63-38-3.2
;
267
(c) be of good moral character in that the applicant has not been convicted of a felony, a
268
misdemeanor involving moral turpitude, or any other crime that when considered with the duties
269
and responsibilities of an unarmed private security officer is considered by the division and the
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board to indicate that the best interests of the public are not served by granting the applicant a
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license;
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(d) not have been declared by any court of competent jurisdiction incompetent by reason
273
of mental defect or disease and not been restored;
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(e) not be currently suffering from habitual drunkenness or from drug addiction or
275
dependence;
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(f) successfully complete basic education and training requirements established by rule by
277
the division in collaboration with the board;
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(g) pass the examination requirement established by rule by the division in collaboration
279
with the board; and
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(h) meet with the division and board if requested by the division or board.
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(4) Each applicant for licensure as an armed alarm response runner shall:
282
(a) submit an application in a form prescribed by the division;
283
(b) pay a fee determined by the department under Section
63-38-3.2
;
284
(c) be of good moral character in that the applicant has not been convicted of a felony, a
285
misdemeanor involving moral turpitude, or any other crime that when considered with the duties
286
and responsibilities of an armed alarm response runner is considered by the division and board to
287
indicate that the best interests of the public are not served by granting the applicant a license;
288
(d) not have been declared by any court of competent jurisdiction incompetent by reason
289
of mental defect or disease and not been restored;
290
(e) not be currently suffering from habitual drunkenness or from drug addiction or
291
dependence; [and]
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(f) successfully complete basic education and training requirements established by rule by
293
the division in collaboration with the board; and
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[(f)] (g) meet with the division and board if requested by the division or board.
295
(5) Each applicant for licensure as an unarmed alarm response runner officer shall:
296
(a) submit an application in a form prescribed by the division;
297
(b) pay a fee determined by the department under Section
63-38-3.2
;
298
(c) be of good moral character in that the applicant has not been convicted of a felony, a
299
misdemeanor involving moral turpitude, or any other crime that when considered with the duties
300
and responsibilities of an unarmed alarm response runner is considered by the division and the
301
board to indicate that the best interests of the public are not served by granting the applicant a
302
license;
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(d) not have been declared by any court of competent jurisdiction incompetent by reason
304
of mental defect or disease and not been restored;
305
(e) not be currently suffering from habitual drunkenness or from drug addiction or
306
dependence;
307
(f) successfully complete basic education and training requirements established by rule by
308
the division in collaboration with the board;
309
(g) pass the examination requirement established by rule by the division in collaboration
310
with the board; and
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(h) meet with the division and board if requested by the division or board.
312
[(5)] (6) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
313
the division may make rules establishing when Federal Bureau of Investigation records shall be
314
checked for applicants.
315
[(6)] (7) To determine if an applicant meets the qualifications of Subsections (1)(h), (2)(c),
316
(3)(c), [and] (4)(c), and (5)(c), the division shall provide an appropriate number of copies of
317
fingerprint cards to the Department of Public Safety with the division's request to:
318
(a) conduct a search of records of the Department of Public Safety for criminal history
319
information relating to each applicant for licensure under this chapter and each applicant's officers,
320
directors, shareholders described in Subsection (1)(d)(ii), partners, proprietors, and responsible
321
management personnel; and
322
(b) forward to the Federal Bureau of Investigation a fingerprint card of each applicant
323
requiring a check of records of the F.B.I. for criminal history information under this section.
324
[(7)] (8) The Department of Public Safety shall send to the division:
325
(a) a written record of criminal history, or certification of no criminal history record, as
326
contained in the records of the Department of Public Safety in a timely manner after receipt of a
327
fingerprint card from the division and a request for review of Department of Public Safety records;
328
and
329
(b) the results of the F.B.I. review concerning an applicant in a timely manner after receipt
330
of information from the F.B.I.
331
[(8)] (9) (a) The division shall charge each applicant a fee, in accordance with Section
332
63-38-3.2
, equal to the cost of performing the records reviews under this section.
333
(b) The division shall pay the Department of Public Safety the costs of all records reviews,
334
and the Department of Public Safety shall pay the F.B.I. the costs of records reviews under this
335
chapter.
336
[(9)] (10) Information obtained by the division from the reviews of criminal history records
337
of the Department of Public Safety and the F.B.I. shall be used or disseminated by the division
338
only for the purpose of determining if an applicant for licensure under this chapter is qualified for
339
licensure.
340
Section 5.
Section
58-63-304
is amended to read:
341
58-63-304. Exemptions from licensure.
342
(1) In addition to the exemptions from licensure in Section
58-1-307
, the following
343
individuals may engage in acts regulated under this chapter without being licensed under this
344
chapter:
345
(a) a peace officer employed by or licensed as a [contract] security company; [and]
346
(b) a peace officer employed as a private security officer;
347
[(b)] (c) a person employed [by a contract security company] for the sole purpose of
348
operating or staffing security apparatus, including a magnetometer, x-ray viewing device, or other
349
device approved by rule of the division[.]; and
350
(d) a person employed to provide services as an unarmed private security officer for a
351
postsecondary educational institution that:
352
(i) is accredited by a regional or national accrediting agency recognized by the United
353
States Department of Education;
354
(ii) maintains a law enforcement agency that employs law enforcement officers, as defined
355
in Section
53-13-103
; and
356
(iii) ensures that law enforcement officers under Subsection (1)(d)(ii) are responsible for
357
the training and supervision of the person employed as an unarmed private security officer.
358
(2) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
359
division may make rules approving security apparatus under Subsection (1)[(b)](c).
360
Section 6.
Section
58-63-305
is amended to read:
361
58-63-305. Status of licenses held on the effective date of this chapter.
362
(1) (a) An individual [holding a valid Utah license as a contract security company, armed
363
private security officer, unarmed private security officer, or alarm response runner under Title 53,
364
Chapter 5, Part 4, Security Personnel Licensing and Regulation Act, on July 1, 1995, is:] working
365
or employed as a private security officer or an alarm response runner prior to July 1, 2000, may
366
continue to work as a private security officer or alarm response runner through June 30, 2001.
367
(b) On and after July 1, 2001, these prior licenses are not valid, and the license holders
368
must be licensed as of this date respectively as:
369
[(1)] (i) [on or after July 1, 1995, considered to hold a current license under this chapter]
370
a private security officer in the comparable classification of [contract security company,] armed
371
or unarmed private security officer[, unarmed private security officer, or alarm response runner];
372
[and] or
373
[(2) subject to this chapter.]
374
(ii) an alarm response runner in the comparable classification of armed or unarmed alarm
375
response runner.
376
(2) An applicant seeking licensure under Subsection (1) shall submit a form as provided
377
by the division and pay to the division an application fee as established by the division through the
378
process under Section
63-38-3.2
.
379
Section 7.
Section
58-63-306
is amended to read:
380
58-63-306. Replacement of qualifying agent.
381
If the qualifying agent of a [contract] security company ceases to perform the agent's duties
382
on a regular basis, the licensee shall:
383
(1) notify the division within 15 days by registered or certified mail[,]; and [shall]
384
(2) replace the qualifying agent within 30 days after the time required for notification to
385
the division.
386
Section 8.
Section
58-63-307
is amended to read:
387
58-63-307. Use of firearms.
388
(1) An individual licensed as an armed private security officer may carry a firearm only
389
while acting as an armed private security officer in accordance with this chapter and rules made
390
under this chapter.
391
(2) An individual licensed as an armed private security officer is exempt from the
392
provisions of Subsection
76-10-504
(1), and Sections
76-10-505
and [
53-5-704
]
76-10-505.5
while
393
acting as an armed private security officer in accordance with this chapter and rules made under
394
this chapter.
395
(3) An individual licensed as an armed private security officer may not carry a firearm,
396
concealed or otherwise, into:
397
(a) any secure area prescribed in Section
76-10-523.5
in which firearms are prohibited and
398
notice of the prohibition is posted;
399
(b) any airport secure area as provided in Section
76-10-529
;
400
(c) any area designated by the division or the department by rule; or
401
(d) any other area where firearms are specifically prohibited by state or federal law.
402
Section 9.
Section
58-63-308
is amended to read:
403
58-63-308. Evidence of licensure.
404
An individual licensed as [an armed] a private security officer[, unarmed private security
405
officer, and] or an alarm response runner shall:
406
(1) carry a copy of the individual's license on the individual's person at all times while
407
acting as a licensee; and
408
(2) display the license upon the request of a peace officer, a representative of the division,
409
or a member of the public.
410
Section 10.
Section
58-63-309
is amended to read:
411
58-63-309. Operating standards -- Rulemaking.
412
The division in collaboration with the board shall establish by rule operating standards that
413
[shall] apply to the conduct of licensees under this chapter, including rules relating to use of
414
uniforms, badges, insignia, designations, and representations used by or associated with a
415
[licensees] licensee's practice under this chapter.
416
Section 11.
Section
58-63-310
is amended to read:
417
58-63-310. Interim permits.
418
(1) Upon receipt of a complete application for licensure in accordance with Section
419
58-63-302
, an applicant for licensure as [an armed] a security company, private security officer,
420
[unarmed private security officer,] or alarm response runner may be issued an interim permit.
421
(2) (a) Each interim permit [shall expire] expires 90 days after it is issued or on the date
422
on which the applicant is issued a license, whichever [is] occurs earlier.
423
(b) The division may reissue an interim permit if the delay in approving a license is beyond
424
the control or influence of the interim permit holder.
425
(3) An interim permit holder may engage in the scope of practice defined for the license
426
classification that the interim permit holder is seeking.
427
Section 12.
Section
58-63-311
is enacted to read:
428
58-63-311. Temporary function as a private security officer within the state.
429
(1) A person licensed and in current good standing as a private security officer in another
430
state under standards essentially similar to the licensure standards of Utah may function as a
431
private security officer in Utah without being licensed in Utah if the person is employed:
432
(a) as a private security officer in this state for not more than 14 consecutive days of any
433
30-day period;
434
(b) by a proprietary business as a private security officer; and
435
(c) to provide security services for one or more individuals, but only if the individual or
436
individuals are not participating as performers in a performance, special event, or other public
437
event during the time the private security officer is employed to provide security services.
438
Section 13.
Section
58-63-401
is amended to read:
439
58-63-401. Grounds for denial of license -- Disciplinary proceedings.
440
Grounds for the following actions are in accordance with Section
58-1-401
:
441
(1) refusing to issue a license to an applicant[, for];
442
(2) refusing to renew the license of a licensee[, for];
443
(3) revoking, suspending, restricting, or placing on probation the license of a licensee[,
444
for];
445
(4) issuing a public or private reprimand to a licensee[,]; and [for]
446
(5) issuing a cease and desist order [shall be in accordance with Section
58-1-401
].
447
Section 14.
Section
58-63-501
is amended to read:
448
58-63-501. Unlawful conduct.
449
"Unlawful conduct" includes:
450
(1) employing as a [contract] security company the services of an unlicensed [armed]
451
private security officer[, unarmed private security officer,] or alarm response runner, except as
452
provided under Section
58-63-304
or
58-63-310
; and
453
(2) filing with the division fingerprint cards for an applicant which are not those of the
454
applicant, or are in any other way false or fraudulent and intended to mislead the division in its
455
consideration of the qualifications of the applicant for licensure.
456
Section 15.
Section
58-63-502
is amended to read:
457
58-63-502. Unprofessional conduct.
458
"Unprofessional conduct" includes:
459
(1) failing as a [contract] security company to notify the division of the cessation of
460
performance of its qualifying agent or failing to replace its qualifying agent, as required under
461
Section
58-63-306
;
462
(2) failing as [an armed] a private security officer[, unarmed private security officer,] or
463
alarm response runner[,] to carry or display a copy of the licensee's license as required under
464
Section
58-63-308
;
465
(3) employment by a [contract] security company of a qualifying agent, [armed] private
466
security officer, [unarmed private security officer,] or alarm response runner knowing that the
467
individual has engaged in conduct that is inconsistent with the duties and responsibilities of a
468
licensee under this chapter; and
469
(4) failing to comply with operating standards established by rule.
470
Section 16.
Section
58-63-601
is amended to read:
471
58-63-601. State preemption of local regulation.
472
(1) A political subdivision of this state may not enact any legislation, code, or ordinance,
473
or make any rules relating to the licensing, training, or regulation of [contract] security companies,
474
[or persons functioning as armed or unarmed] private security officers, or alarm response runners.
475
(2) Any legislation, code, ordinance, or rules made by any political subdivision of this
476
state, relating to the licensing, training, or regulation of [contract] security companies or
477
individuals functioning as [an armed or unarmed] private security officers or as alarm response
478
runner are superseded by this chapter.
479
Section 17. Effective date.
480
This act takes effect on July 1, 2000.
Legislative Review Note
as of 12-29-99 8:29 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.