HB2283112th GA (Historical)Introduced

Amends TCA Title 29; Title 57 and Title 62, Chapter 35.

ON APRIL 6, 2022, THE SENATE ADOPTED AMENDMENTS #1 AND #2 AND PASSED SENATE BILL 2514, AS AMENDED. AMENDMENT #1 rewrites this bill to make various changes to present law concerning security guard/officers. Present law generally requires that, within 15 days of employment, an unarmed security guard/officer applicant must complete general training and pass an examination. Present law exempts persons employed as an unarmed security guard/officer by a proprietary security organization from such requirement. This amendment removes the exemption. This amendment adds the following to the training requirements for unarmed security guard/officers and armed security guard/officers, both initial applicants for registration and applicants for renewal of registration: (1) Training in de-escalation techniques and proper and safe restraint techniques; and (2) Current certification from the American Red Cross, or another qualified certifying agency approved by the commissioner, qualifying the applicant to administer emergency first aid and CPR. Present law defines "proprietary security organization" to mean any person or department of the organization that employs a security guard/officer solely for the person in an employer/employee relationship. This amendment prohibits an unarmed security guard/officer employed by a proprietary security organization from carrying a weapon of any kind. Present law requires any person to provide a notice to the commissioner of commerce and insurance prior to acting as a proprietary security organization. This amendment requires a proprietary security organization that has a license or permit from the alcoholic beverage commission or a beer board to include with its initial notice to the commissioner: (1) Documentation of general liability insurance coverage in the amount required by present law for all licensees and employers of private security guards/officers, which is a minimum $300,00 for personal injury and $100,000 for property damage; (2) One set of classifiable electronic fingerprints of the qualifying manager; and (3) A registration fee of $100. This amendment also requires a proprietary security organization that has a license or permit from the alcoholic beverage commission or a beer board to: (1) Submit a biennial fee of $100 to the commissioner to maintain the organization's status as a proprietary security organization; and (2) Provide the commissioner with the full name, the business and residence addresses, and one set of classifiable electronic fingerprints of the new qualifying manager within 15 days of a change in the qualifying manager. Upon receipt of a notice to act as a proprietary security organization from a person that has a license or permit from the alcoholic beverage commission or a beer board, this amendment requires the commissioner to: (1) Conduct an investigation to determine whether the statements made in the initial notice are true; (2) Compare or request that the TBI compare the fingerprints submitted with the notice to fingerprints filed with the bureau; and (3) Submit the fingerprints to the FBI for a search of its files to determine whether the individual fingerprinted has recorded convictions. A violation of the Private Protective Services Licensing and Regulatory Act is generally a Class A misdemeanor. Under present law, knowingly employing as a security guard/officer an individual who does not hold a valid registration card of the appropriate type is a violation of the Act. This amendment specifies that such violation is a Class A misdemeanor, punishable by fine only. This amendment also requires the alcoholic beverage commission or a beer board to suspend a license or permit of a person for such violation for a period of one month per violation; provided, that such requirement does not limit the alcoholic beverage commission's or a beer board's ability to seek to revoke or summarily suspend the license or permit. The provisions of this amendment take effect January 1, 2023. AMENDMENT #2 adds the short title "Dallas's Law" to this bill. ON APRIL 27, 2022, THE HOUSE SUBSTITUTED SENATE BILL 2514 FOR HOUSE BILL 2283, ADOPTED AMENDMENT #2, AND PASSED SENATE BILL 2514, AS AMENDED. AMENDMENT #2 incorporates the changes made by Senate Amendments #1 and 2, but limits the application of provisions for entities that are licensed by the alcoholic beverage commission or a beer board to entities that are licensed for on-premises consumption. This amendment also makes the requirements for training in de-escalation, safe restraint, and CPR applicable only to an unarmed security guard/officer, or an armed security guard/officer, who is employed by a proprietary security organization that holds a license or permit for on-premises consumption from the alcoholic beverage commission or a beer board, or is employed by a contract security company for the purposes of performing security guard and patrol services at a commercial establishment that holds a license or permit for on-premises consumption from the alcoholic beverage commission or a beer board. This amendment replaces the requirement of Senate Amendment #1 for current CPR certification with completion of a first aid and CPR training course.

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Overview

ON APRIL 6, 2022, THE SENATE ADOPTED AMENDMENTS #1 AND #2 AND PASSED SENATE BILL 2514, AS AMENDED. AMENDMENT #1 rewrites this bill to make various changes to present law concerning security guard/officers. Present law generally requires that, within 15 days of employment, an unarmed security guard/officer applicant must complete general training and pass an examination. Present law exempts persons employed as an unarmed security guard/officer by a proprietary security organization from such requirement. This amendment removes the exemption. This amendment adds the following to the training requirements for unarmed security guard/officers and armed security guard/officers, both initial applicants for registration and applicants for renewal of registration: (1) Training in de-escalation techniques and proper and safe restraint techniques; and (2) Current certification from the American Red Cross, or another qualified certifying agency approved by the commissioner, qualifying the applicant to administer emergency first aid and CPR. Present law defines "proprietary security organization" to mean any person or department of the organization that employs a security guard/officer solely for the person in an employer/employee relationship. This amendment prohibits an unarmed security guard/officer employed by a proprietary security organization from carrying a weapon of any kind. Present law requires any person to provide a notice to the commissioner of commerce and insurance prior to acting as a proprietary security organization. This amendment requires a proprietary security organization that has a license or permit from the alcoholic beverage commission or a beer board to include with its initial notice to the commissioner: (1) Documentation of general liability insurance coverage in the amount required by present law for all licensees and employers of private security guards/officers, which is a minimum $300,00 for personal injury and $100,000 for property damage; (2) One set of classifiable electronic fingerprints of the qualifying manager; and (3) A registration fee of $100. This amendment also requires a proprietary security organization that has a license or permit from the alcoholic beverage commission or a beer board to: (1) Submit a biennial fee of $100 to the commissioner to maintain the organization's status as a proprietary security organization; and (2) Provide the commissioner with the full name, the business and residence addresses, and one set of classifiable electronic fingerprints of the new qualifying manager within 15 days of a change in the qualifying manager. Upon receipt of a notice to act as a proprietary security organization from a person that has a license or permit from the alcoholic beverage commission or a beer board, this amendment requires the commissioner to: (1) Conduct an investigation to determine whether the statements made in the initial notice are true; (2) Compare or request that the TBI compare the fingerprints submitted with the notice to fingerprints filed with the bureau; and (3) Submit the fingerprints to the FBI for a search of its files to determine whether the individual fingerprinted has recorded convictions. A violation of the Private Protective Services Licensing and Regulatory Act is generally a Class A misdemeanor. Under present law, knowingly employing as a security guard/officer an individual who does not hold a valid registration card of the appropriate type is a violation of the Act. This amendment specifies that such violation is a Class A misdemeanor, punishable by fine only. This amendment also requires the alcoholic beverage commission or a beer board to suspend a license or permit of a person for such violation for a period of one month per violation; provided, that such requirement does not limit the alcoholic beverage commission's or a beer board's ability to seek to revoke or summarily suspend the license or permit. The provisions of this amendment take effect January 1, 2023. AMENDMENT #2 adds the short title "Dallas's Law" to this bill. ON APRIL 27, 2022, THE HOUSE SUBSTITUTED SENATE BILL 2514 FOR HOUSE BILL 2283, ADOPTED AMENDMENT #2, AND PASSED SENATE BILL 2514, AS AMENDED. AMENDMENT #2 incorporates the changes made by Senate Amendments #1 and 2, but limits the application of provisions for entities that are licensed by the alcoholic beverage commission or a beer board to entities that are licensed for on-premises consumption. This amendment also makes the requirements for training in de-escalation, safe restraint, and CPR applicable only to an unarmed security guard/officer, or an armed security guard/officer, who is employed by a proprietary security organization that holds a license or permit for on-premises consumption from the alcoholic beverage commission or a beer board, or is employed by a contract security company for the purposes of performing security guard and patrol services at a commercial establishment that holds a license or permit for on-premises consumption from the alcoholic beverage commission or a beer board. This amendment replaces the requirement of Senate Amendment #1 for current CPR certification with completion of a first aid and CPR training course.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

January 31, 2022

Subjects
38204823091301052820

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