Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 197 (2018GS)

Sponsor

Sen. Dayton, M.

Final action

Governor Signed 3/16/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies training requirements for licensed armed private security officers and licensed unarmed private security officers.

Every vote on this bill

Bill text

PRIVATE SECURITY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Margaret Dayton
House Sponsor: 
Keith Grover
LONG TITLE
General Description:
This bill modifies provisions of the Security Personnel Licensing Act.
Highlighted Provisions:
This bill:
▸ modifies training requirements for licensed armed private security officers and
licensed unarmed private security officers.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-63-302
, as last amended by Laws of Utah 2017, Chapter 197
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
58-63-302
 is amended to read:
58-63-302.
Qualifications for licensure.
(1) Each applicant for licensure as an armored car company or a contract security
company shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) have a qualifying agent who:
(i) shall meet with the division and the board and demonstrate that the applicant and
the qualifying agent meet the requirements of this section;
(ii) is a resident of the state and is a corporate officer or owner of the applicant;
(iii) exercises material day-to-day authority in the conduct of the applicant's business
by making substantive technical and administrative decisions and whose primary employment
is with the applicant;
(iv) is not concurrently acting as a qualifying agent or employee of another armored car
company or contract security company and is not engaged in any other employment on a
regular basis;
(v) is not involved in any activity that would conflict with the qualifying agent's duties
and responsibilities under this chapter to ensure that the qualifying agent's and the applicant's
performance under this chapter does not jeopardize the health or safety of the general public;
(vi) is not an employee of a government agency;
(vii) passes an examination component established by rule by the division in
collaboration with the board; and
(viii) (A) demonstrates 6,000 hours of compensated experience as a manager,
supervisor, or administrator of an armored car company or a contract security company; or
(B) demonstrates 6,000 hours of supervisory experience acceptable to the division in
collaboration with the board with a federal, United States military, state, county, or municipal
law enforcement agency;
(d) if a corporation, provide:
(i) the names, addresses, dates of birth, and social security numbers of all corporate
officers, directors, and those responsible management personnel employed within the state or
having direct responsibility for managing operations of the applicant within the state; and
(ii) the names, addresses, dates of birth, and social security numbers, of all
shareholders owning 5% or more of the outstanding shares of the corporation, unless waived by
the division if the stock is publicly listed and traded;
(e) if a limited liability company, provide:
(i) the names, addresses, dates of birth, and social security numbers of all company
officers, and those responsible management personnel employed within the state or having
direct responsibility for managing operations of the applicant within the state; and
(ii) the names, addresses, dates of birth, and social security numbers of all individuals
owning 5% or more of the equity of the company;
(f) if a partnership, provide the names, addresses, dates of birth, and social security
numbers of all general partners, and those responsible management personnel employed within
the state or having direct responsibility for managing operations of the applicant within the
state;
(g) if a proprietorship, provide the names, addresses, dates of birth, and social security
numbers of the proprietor, and those responsible management personnel employed within the
state or having direct responsibility for managing operations of the applicant within the state;
(h) have good moral character in that officers, directors, shareholders described in
Subsection (1)(d)(ii), partners, proprietors, and responsible management personnel have not
been convicted of:
(i) a felony;
(ii) a misdemeanor involving moral turpitude; or
(iii) a crime that when considered with the duties and responsibilities of a contract
security company or an armored car company by the division and the board indicates that the
best interests of the public are not served by granting the applicant a license;
(i) document that none of the applicant's officers, directors, shareholders described in
Subsection (1)(d)(ii), partners, proprietors, and responsible management personnel:
(i) have been declared by a court of competent jurisdiction incompetent by reason of
mental defect or disease and not been restored; and
(ii) currently suffer from habitual drunkenness or from drug addiction or dependence;
(j) file and maintain with the division evidence of:
(i) comprehensive general liability insurance in a form and in amounts established by
rule by the division in collaboration with the board;
(ii) workers' compensation insurance that covers employees of the applicant in
accordance with applicable Utah law;
(iii) registration with the Division of Corporations and Commercial Code; and
(iv) registration as required by applicable law with the:
(A) Unemployment Insurance Division in the Department of Workforce Services, for
purposes of Title 35A, Chapter 4, Employment Security Act;
(B) State Tax Commission; and
(C) Internal Revenue Service; and
(k) meet with the division and board if requested by the division or board.
(2) Each applicant for licensure as an armed private security officer shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) have good moral character in that the applicant has not been convicted of:
(i) a felony;
(ii) a misdemeanor involving moral turpitude; or
(iii) a crime that when considered with the duties and responsibilities of an armed
private security officer by the division and the board indicates that the best interests of the
public are not served by granting the applicant a license;
(d) not be prohibited from possession of a firearm or ammunition under 18 U.S.C. Sec.
922(g);
(e) not have been declared incompetent by a court of competent jurisdiction by reason
of mental defect or disease and not been restored;
(f) not be currently suffering from habitual drunkenness or from drug addiction or
dependence;
(g) successfully complete basic education and training requirements established by rule
by the division in collaboration with the board, which shall include [
] 
a minimum of eight
hours of classroom or online curriculum;
(h) successfully complete firearms training requirements established by rule by the
division in collaboration with the board
, which shall include a minimum of 12 hours of
training
;
(i) pass the examination requirement established by rule by the division in
collaboration with the board; and
(j) meet with the division and board if requested by the division or the board.
(3) Each applicant for licensure as an unarmed private security officer shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) have good moral character in that the applicant has not been convicted of:
(i) a felony;
(ii) a misdemeanor involving moral turpitude; or
(iii) a crime that when considered with the duties and responsibilities of an unarmed
private security officer by the division and the board indicates that the best interests of the
public are not served by granting the applicant a license;
(d) not have been declared incompetent by a court of competent jurisdiction by reason
of mental defect or disease and not been restored;
(e) not be currently suffering from habitual drunkenness or from drug addiction or
dependence;
(f) successfully complete basic education and training requirements established by rule
by the division in collaboration with the board, which shall include [
] 
a minimum of eight
hours of classroom or online curriculum;
(g) pass the examination requirement established by rule by the division in
collaboration with the board; and
(h) meet with the division and board if requested by the division or board.
(4) Each applicant for licensure as an armored car security officer shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) have good moral character in that the applicant has not been convicted of:
(i) a felony;
(ii) a misdemeanor involving moral turpitude; or
(iii) a crime that when considered with the duties and responsibilities of an armored car
security officer by the division and the board indicates that the best interests of the public are
not served by granting the applicant a license;
(d) not be prohibited from possession of a firearm or ammunition under 18 U.S.C. Sec.
922(g);
(e) not have been declared incompetent by a court of competent jurisdiction by reason
of mental defect or disease and not been restored;
(f) not be currently suffering from habitual drunkenness or from drug addiction or
dependence;
(g) successfully complete basic education and training requirements established by rule
by the division in collaboration with the board;
(h) successfully complete firearms training requirements established by rule by the
division in collaboration with the board;
(i) pass the examination requirements established by rule by the division in
collaboration with the board; and
(j) meet with the division and board if requested by the division or the board.
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division may make a rule establishing when the division shall request a Federal Bureau of
Investigation records' review for an applicant.
(6) To determine if an applicant meets the qualifications of Subsections (1)(h), (2)(c),
(3)(c), and (4)(c), the division shall provide an appropriate number of copies of fingerprint
cards to the Department of Public Safety with the division's request to:
(a) conduct a search of records of the Department of Public Safety for criminal history
information relating to each applicant for licensure under this chapter and each applicant's
officers, directors, shareholders described in Subsection (1)(d)(ii), partners, proprietors, and
responsible management personnel; and
(b) forward to the Federal Bureau of Investigation a fingerprint card of each applicant
requiring a check of records of the FBI for criminal history information under this section.
(7) The Department of Public Safety shall send the division:
(a) a written record of criminal history, or certification of no criminal history record, as
contained in the records of the Department of Public Safety in a timely manner after receipt of
a fingerprint card from the division and a request for review of Department of Public Safety
records; and
(b) the results of the FBI review concerning an applicant in a timely manner after
receipt of information from the FBI.
(8) (a) The division shall charge each applicant a fee, in accordance with Section
63J-1-504
, equal to the cost of performing the records reviews under this section.
(b) The division shall pay the Department of Public Safety the costs of all records
reviews, and the Department of Public Safety shall pay the FBI the costs of records reviews
under this chapter.
(9) The division shall use or disseminate the information it obtains from the reviews of
criminal history records of the Department of Public Safety and the FBI only to determine if an
applicant for licensure under this chapter is qualified for licensure.