HB573 (2015) Detail

Relative to licensure of individuals as private investigators, bail enforcement agents, and security guards, requiring skills training courses for applicants for such licensure and license renewal, and relative to the certification of security officer instructors.


HB 573-FN - AS INTRODUCED

2015 SESSION

15-0056

09/01

HOUSE BILL 573-FN

AN ACT relative to licensure of individuals as private investigators, bail enforcement agents, and security guards, requiring skills training courses for applicants for such licensure and license renewal, and relative to the certification of security officer instructors.

SPONSORS: Rep. Theberge, Coos 3

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill provides that the commissioner of safety may issue an individual license to a person licensed as a private investigator, bail enforcement agent, or security guard and authorize endorsements on the license and identification card showing multiple licensure.

The bill also requires an applicant for licensure and renewal of licensure as a private investigator, bail enforcement agent, or security guard to complete skills training courses offered by certified security officer instructors as determined in rules adopted by the commissioner of safety. The bill establishes a program for the certification of security officer instructors.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15-0056

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fifteen

AN ACT relative to licensure of individuals as private investigators, bail enforcement agents, and security guards, requiring skills training courses for applicants for such licensure and license renewal, and relative to the certification of security officer instructors.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Rulemaking; Skills Training Course. Amend RSA 106-F:3, I to read as follows:

I. The commissioner of safety shall adopt rules, pursuant to RSA 541-A, relative to the:

(a) Form of original and renewal licenses and applications therefor;

(b) Examination procedures for license applications;

(c) Requisite standards of applicant and licensee integrity and reputation for honesty;

(d) Minimum course offerings and subject areas for, and requirements for completion of, a required 40-hour skills training course for applicants for licensure and a required 8-hour skills refresher training course for applicants for license renewal;

(e) Use of fees for administration and enforcement of this chapter;

[(e)] (f) Revocation of licenses; and

[(f)] (g) Creation of an advisory board to review complaints and licensing issues.

2 Definitions; Licensee; Holder. Amend RSA 106-F:4, IX and X to read as follows:

IX. “Licensee” means a licensed private investigative agency, bail enforcement agency, or security guard service, or an individual licensed as a private investigator, bail enforcement agent, and/or security guard.

X. “License holder” means an employee of a licensee who is a private investigative agency, security guard agency, or bail enforcement agency, or an individual licensed as a private investigator, bail enforcement agent, and/or security guard.

3 Licensure as Individual. Amend RSA 106-F:5, I to read as follows:

I.(a) No person shall engage in the business of a private investigative agency, security guard agency, or bail enforcement agency without obtaining a private investigative, security guard, or bail enforcement agency license from the commissioner of safety [and].

(b) No person shall engage as an individual in the business of a private investigator, security guard service or bail enforcement service without obtaining a private investigator, security guard service or bail enforcement service license from the commissioner of safety. For an individual licensed in more than one profession under this chapter, the commissioner shall authorize endorsements on the license and identification card showing the licenses held by such individual.

4 New Paragraphs; Applicants License Renewal; Skills Training Courses. Amend RSA 106-F:6 by inserting after paragraph III the following new paragraphs:

III-a. For an original license, proof of completion of a 40-hour skills training course offered by a certified security officer instructor and approved by the commissioner.

III-b. For a renewal license, proof of completion of an 8-hour skills refresher course offered by a certified security officer instructor and approved by the commissioner.

5 New Paragraph; Issuance of License; Identification Card. Amend RSA 106-F:7 by inserting after paragraph II the following new paragraph:

II-a. For an individual licensed in more than one profession under this chapter, the commissioner shall authorize endorsements to be shown on the license and identification card of an individual licensee showing the licenses held by such individual.

6 License Applications. Amend RSA 106-F:8 to read as follows:

106-F:8 License Application and Renewal Fees.

I. The fee for a private investigative agency license, bail enforcement agency license, or a security guard service license shall be $150 for an agency or service employing one person licensed under this chapter or for an individual license, and $500 for an agency or service employing more than one such person. A person may hold one or more types of license at any given time, provided that a separate fee shall be paid for each license so held. Licenses shall be valid for 2 years after the date of issue and shall be renewed every 2 years thereafter, upon application and payment of the fee and submission of certified evidence that the surety bond remains in force. The application for renewal shall be submitted at least 15 days before the expiration of the previously granted license.

II. The commissioner of safety shall set a reasonable fee, not exceeding $50, which the commissioner shall adopt by rule under RSA 541-A, to cover the expenses of licensing [individuals] employees under this chapter. Such fee shall be paid by the service or agency employing such employee and shall be paid before the license is issued. Such licenses shall be valid for 2 years after the date of issue and shall be renewed upon the completion and filing of an application for renewal which meets the requirements of this chapter submitted at least 15 days before the expiration of the previously granted license.

III. The commissioner of safety shall set a reasonable fee, which he or she shall adopt by rule under RSA 541-A, to cover the expenses of the record check and investigation provided in RSA?106-F:7. The fee shall be charged to the applicant.

7 New Subdivision; Security Officer Instructors. Amend RSA 106-F by inserting after section?16 the following new subdivision:

Security Officer Instructors

106-F:17 Application for Certified Security Officer Instructor.

I. A person seeking to become a certified security officer instructor shall submit an application for registration as a security officer instructor on a form provided by, and in a manner prescribed by, the commissioner. The application shall include the applicant’s full name, date, and place of birth, Social Security number, residence and telephone number, requisite experience, company name, location, name of supervisor, duties, contact telephone number for experience verification, and such other information as the commissioner shall determine. An applicant for registration as a security officer instructor shall submit to the commissioner a non-refundable initial application fee of $200 along with a completed application.

II. A person seeking to become a certified security officer instructor, or perform the functions and activities of, a certified security officer instructor, shall submit fingerprints and a written consent for a criminal history background check to the commissioner or in a manner prescribed by the commissioner. Applicants for registration as a certified security officer instructor shall pay the cost for the criminal history background check, including all costs of administering and processing the check.

III. Only certified security officer instructors shall conduct skills training courses or skills refresher training courses for the purposes of this chapter.

106-F:18 Completion of Approved Security Officer Instructor Training Course.

I. A person seeking to become a certified security officer instructor shall complete a 40-hour course of instruction entitled “security officer instructor training course,” which is approved by, and administered in a manner prescribed by, the commissioner.

II. The security officer instructor training course shall assure that persons seeking to become certified security officer instructors are knowledgeable in the general subject areas of instruction required by security officers and are competent to impart that knowledge to security officers.

106-F:19 Issuance of a Security Officer Instructor Certificate Of Registration Identification Card.

I. Upon completion of the required security officer instructor training course, applicants having met the requirements of RSA 106-F:17 and RSA 106-F:18 shall be issued a security officer instructor certificate of registration which shall be valid for a period of 2 years and shall be renewable every 2 years.

II. Upon completion of the required security officer instructor training course, applicants having met the requirements of RSA 106-F:17 and 106-F:18 shall be issued a security officer instructor identification card which shall be valid as long as a person retains a valid certificate of registration as a security officer instructor.

III. A security officer instructor shall be responsible for safekeeping of the identification card and shall not lend, let, or allow, any other person to use, possess, exhibit, or display the card.

IV. No person shall use, possess, exhibit, or display any license, card, shield, or badge, of any design or material purporting to authorize the holder or wearer to act as a security officer instructor, unless that person holds a valid certificate of registration as a security officer instructor issued by the commissioner.

V. No person shall duplicate or reproduce a security officer instructor identification card in any manner without the written approval of the commissioner.

VI. If it is established to the satisfaction of the commissioner that a security officer instructor identification card has been lost or destroyed, the commissioner shall, upon payment of a $20 duplication fee, issue a duplicate identification card.

VII. A security officer instructor whose certificate of registration has been revoked, suspended, or not renewed, shall immediately surrender the certificate of registration to the commissioner. Any person who fails to surrender an identification card and/or misuses an identification card, as described in paragraphs III-V, shall be subject to civil or criminal penalties, or both.

106-F:20 Renewal of Security Officer Instructor Certificate Of Registration.

I. A security officer instructor who wishes to renew a certificate of registration shall submit an application for renewal on a form provided by and in a manner prescribed by the commissioner, and proof of having completed a biennial security officer instructor refresher training course, as required by RSA 106-F:21, prior to the expiration of the current certification.

II. An applicant for renewal shall submit a non-refundable renewal fee of $100 and a non-refundable registry surcharge fee of $25 along with a completed application to the commissioner.

106-F:21 Security Officer Instructor Refresher Course. All licensed security officer instructors shall complete an approved 16-hour refresher course of instruction entitled “security officer instructor refresher course,” approved by and administered in a manner prescribed by the commissioner, prior to having their certification renewed pursuant to RSA 106-F:19.

106-F:22 Denial, Revocation, Suspension of, or Refusal To Renew. The commissioner may deny any initial application for a security officer instructor certificate of registration, revoke or suspend any current certificate of registration, or refuse to renew any certificate of registration for any of the following reasons:

I. The person holding a certificate, applying for certification, or applying for renewal of certification, has been convicted of any crime which is a felony.

II. The person holding a certificate, applying for certification, or applying for renewal of certification, has been convicted of any offense involving the unlawful use, possession, or sale, of a controlled dangerous substance as defined in RSA 318-B.

III. The person holding a certificate, applying for certification, or applying for renewal of certification, has been convicted of any offense where certification would be contrary to the public interest, as determined by the commissioner.

IV. The person holding a certificate, applying for a certification, or applying for renewal of certification, has violated a provision of this subdivision.

V. The person holding a certificate, applying for a certification, or applying for renewal of certification, has failed to comply with any of the rules adopted under this chapter.

VI. The person holding a certificate, applying for a certification, or applying for renewal of certification, has knowingly made a false material statement or omitted information in his or her application or any other form required by the commissioner under this subdivision.

VII. The person holding a certificate, applying for a certification, or applying for renewal of certification, has demonstrated bad moral character, incompetence, or untrustworthiness.

VIII. The commissioner determines that good cause exists to deny, revoke, suspend, or refuse, renewal of a certificate of registration in the interest of public safety.

106-F:23 Notice of Security Officer Training Courses. A security officer shall, by the last day of each month forward to the commissioner a training schedule for the next month, which shall include dates, times, and locations, of any scheduled officer training courses or security officer refresher training courses that he or she will be conduction.

106-F:24 Maintenance and Reporting of Security Officer Instructor Training Records.

I. A security officer instructor who is certified pursuant to this subdivision shall maintain detailed records of all security officer training courses or security officer refresher training courses which he or she has conducted, which shall include the dates, times, and locations, of instruction and a detailed list of the security officers enrolled in the course.

II. Upon completion of a security officer training course or security officer refresher training course, the security officer instructor conducting the course shall, within 5 business days, forward a detailed list of all security officers who attended the course, on a form provided by and in a manner prescribed by the commissioner, which shall include the security officer’s:

(a) Full name.

(b) Date of birth.

(c) Social Security number.

(d) Sex.

(e) Whether a security officer completed or failed to complete the required training.

III. A security officer instructor shall retain all training records for a minimum of 5 years.

106-F:25 Observation of Training and Inspection of Security Officer Instructor Records.

I. The commissioner, or a designee, may periodically attend security officer training courses, without prior notice, in order to assure that both the content and quality of instruction being provided to security officers is satisfactory.

II. The commissioner, or a designee, shall have the right to inspect any and all security officer instructor training records, without prior notice, in order to assure compliance with these rules.

8 Effective Date. This act shall take effect 60 days after its passage.

LBAO

15-0056

01/26/15

HB 573-FN - FISCAL NOTE

AN ACT relative to licensure of individuals as private investigators, bail enforcement agents, and security guards, requiring skill training courses for applicants for such licensure and license renewal, and relative to the certification of security officer instructors.

FISCAL IMPACT:

      The Department of Safety states this bill, as introduced, will increase state revenue and expenditures by an indeterminable amount in FY 2016 and each year thereafter. There will be no fiscal impact on county and local expenditures or revenue.

METHODOLOGY:

    The Department of Safety states this bill provides that the commissioner may issue an individual license to a person licensed as a private investigator, bail enforcement agent, or security guard and authorize endorsements on the license and identification card showing multiple licensure. This bill also requires an applicant for such licensure and renewals to complete skill training courses offered by certified security officer instructors as determined in the rules adopted by the commissioner. This bill also establishes a program for the certification of security officer instructors. The Department states to properly administer this bill, there would likely be an indeterminable increase in state expenditures, and it would likely need to add one full-time state trooper I (LG 19, step 1) position, and one part-time counter clerk II (LG 9, step 1) position at the following cost:

     

    FY 2016

    FY 2017

    FY 2018

    FY 2019

    State Trooper Salary

    $48,235

    $50,253

    $52,374

    $54,517

    Benefits

    $23,913

    $25,110

    $26,372

    $27,679

    Current Expenses

    $250

    $250

    $250

    $250

    Equipment

    $5,000

    $0

    $0

    $0

    Travel

    $100

    $100

    $100

    $100

    Subtotal – State Trooper

    $77,498

    $75,713

    $79,096

    $82,546

    Counter Clerk Salary

    $25,175

    $26,150

    $27,164

    $28,178

    Benefits

    $5,073

    $5,269

    $5,473

    $5,678

    Current Expense

    $250

    $250

    $250

    $250

    Equipment

    $5,000

    $0

    $0

    $0

    Subtotal - Counter Clerk

    $35,498

    $31,669

    $32,887

    $34,106

    TOTAL

    $112,996

    $107,382

    $111,983

    $116,652

    This bill does not contain an appropriation or authorization for the new positions identified by the Department.

    The Department reports that this bill will increase state revenue by an indeterminable amount as a result of new licensing fees, the number of which is unknown at this time.