HB 473

Under existing law, the Alabama Security Regulatory Board is responsible for the regulation and licensing of security officers, armed security officers, and contract security companies

This bill would provide further for the compensation of board members and would authorize the board to hold hearings, issue subpoenas, and administer oaths

This bill would authorize the board, by rule, to establish license and certification application fees, would limit the amount by which each fee could be increased per licensing period, and would authorize the board to impose reasonable late fees on late renewals

This bill would clarify that hearings held on appeals of decisions of the board be in accordance with the rules of the board and the Administrative Procedure Act

This bill would clarify the authority of the board to refuse to issue or renew a license or certification, place a licensee on probation, or suspend or revoke a license or certification for a violation of the licensing law or rule of the board

This bill would provide further for the obligations of a contract security company to the board relating to security officers and armed security officers employed by the company

This bill would require the board, by rule, to outline, define, and modify specific training requirements for applicants for original and renewal licensure or certification, or both, as a security officer or armed security officer

This bill would provide that any person who practices or offers to practice as a security officer or armed security officer in this state without a license or certification issued by the board is guilty of a Class A misdemeanor

This bill would provide further for reciprocity and would clarify that all sworn peace officers are exempt

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

To amend Sections 34-27C-1, 34-27C-2, 34-27C-3, 34-27C-4, 34-27C-5, 34-27C-7, 34-27C-8, 34-27C-9, 34-27C-10, 34-27C-11, 34-27C-12, 34-27C-13, 34-27C-16, 34-27C-17, and 34-27C-18, Code of Alabama 1975, relating to the Alabama Security Regulatory Board; to provide further for the compensation of board members; to authorize the board to hold hearings, issue subpoenas, and administer oaths; to authorize the board, by rule, to establish license and certification application fees and limit the amount by which each fee may be increased per licensing period; to authorize the board to impose reasonable late fees on late renewals; to clarify that hearings held on appeals of decisions of the board be in accordance with the rules of the board and the Administrative Procedure Act; to clarify the authority of the board to refuse to issue or renew a license or certification, place a licensee on probation, or suspend or revoke a license or certification for a violation of the licensing law or rule of the board; to provide further for the obligations of a contract security company to the board relating to employee security officers and armed security officers; to require the board, by rule, to outline, define, and modify specific training requirements for applicants for original and renewal licensure or certification, or both, as a security officer or armed security officer; to provide that any person who practices or offers to practice as a security officer or armed security officer without a license or certification is guilty of a Class A misdemeanor; to provide further for reciprocity; to clarify that all sworn peace officers are exempt; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

Section 1

Sections 34-27C-1, 34-27C-2, 34-27C-3, 34-27C-4, 34-27C-5, 34-27C-7, 34-27C-8, 34-27C-9, 34-27C-10, 34-27C-11, 34-27C-12, 34-27C-13, 34-27C-16, 34-27C-17, and 34-27C-18 of the Code of Alabama 1975, are amended to read as follows:

§34-27C-1.

For the purposes of this chapter, the following terms shall have the following meanings:

(1) ARMED SECURITY OFFICER. An individual whose principal duty is that of a security officer and who at any time wears, carries, possesses, or has access to a firearm in the performance of his or her duties. This definition does not include an off-duty law enforcement officer employed by and working for a public entity.

(2) BOARD. The Alabama Security Regulatory Board.

(3) CERTIFICATION CARD or LICENSURE CARD. The identification card issued by the board to an individual as evidence that he or she has met the basic qualifications required by this chapter and is currently certified or licensed with the board to perform the duties of a security officer.

(4) CERTIFIED TRAINER. Any person approved and certified by the board as qualified to administer, and certify as to the successful completion of, the basic training requirements for security officers required by this chapter.

(5) CONTRACT SECURITY COMPANY. Any individual, firm, association, company, partnership, limited liability company, corporation, institution, or similar business entity engaged in the business of providing, or which undertakes to provide, a security officer on a contractual basis to another person or entity. The security officer provided by a contract security company is a contract security officer. In addition, any person who provides security services for more than one employer in any one week period, except for a permanent change of employment, shall be deemed to be engaged in the contract security company business and shall be licensed pursuant to this chapter.

(6) EMPLOYER-EMPLOYEE RELATIONSHIP. The performance of any service for wages or under any contract of hire, written, oral, expressed, or implied by an individual, provided the employer has control or direction over the performance of the employee and provided the service is performed personally by the employee. This definition does not include the employer-employee relationship between a law enforcement officer and the public entity employing that law enforcement officer.

(7) LICENSEE. Any person or contract security company to which a license is granted in accordance with this chapter.

(8) PUBLIC ENTITY. The federal government, the state, or any political subdivision, agency, department, branch, or service of either the state or federal government, or any county or municipality, or any other unit of local government.

(9) SECURITY OFFICER.

a. A person employed under contract, whose principal purpose is to protect a person or persons or property from criminal activity, and whose duties include, but are not limited to, the following:

a. 1. The detection and prevention of unauthorized intrusion or entry, larceny, vandalism, abuse, arson, or trespass on private property.

b. 2. The prevention, observation, or detection of any unauthorized activity on private property.

c. 3. The control, regulation, or direction of the flow or movements of individuals, whether by vehicle, on foot, or otherwise.

d. The wearing of a uniform prescribed by his or her employer identifying him or her as a security officer. Persons b. The term does not include persons whose duties are limited to custodial duties or the reporting of violations of inhouse administrative regulations only, and who do not wear a security uniform, are specifically excluded from this definition. This definition does not include an off-duty law enforcement officer employed by and working for a public entity.

(10) SWORN PEACE OFFICER. Any individual who derives plenary or special law enforcement powers from, and is an employee of, or certified by, the federal government, the state, or any political subdivision, agency, department, branch, or service of either, or of any county or municipality, or of any other unit of local government.

§34-27C-2.

(a) The Alabama Security Regulatory Board is created. Each member of the board shall be a citizen of the United States and a resident of this state, and the membership of the board, which shall reflect the racial, gender, geographic, urban and rural, and economic diversity of the state, appointing authorities shall coordinate their appointments so that diversity of gender, race, and geographical areas is reflective of the makeup of this state. The board shall consist of the following members:

(1) Two members appointed by the Governor. The appointees shall be residents of the state who are not be qualified to be licensed under this chapter, who have not been not be engaged in the rendering of contract security service for a minimum of three years prior to appointment, who are not not be employed by or affiliated with any other member of the board, and who shall have served for five or more years in a supervisory position in law enforcement in any municipality, county, state, or district attorney's office. The members appointed by the Governor shall be selected from a list of names submitted by a recognized security association such as the American Society of Industrial Security (ASIS), the National Association of Security Companies (NASCO), or any state or private security service association which may be organized. The initial term of one of the members appointed by the Governor shall be two years and the initial term of one of the members appointed by the Governor shall be three years. Subsequent terms shall be for three years.

(2) One member appointed by the Lieutenant Governor. The appointee shall represent consumers and shall be a citizen of the United States, a resident of this state, not have been not be engaged in the rendering of contract security service, and not employed by, related to, or affiliated with any other member of the board or licensee of the board. The initial term of the member appointed by the Lieutenant Governor shall be one year. Subsequent terms shall be for three years.

(3) One member appointed by the Speaker of the House of Representatives. The appointee shall be from an entity that employs, or has an employer-employee relationship with, a contract security company.

(4) One member appointed by the Attorney General. The appointee shall reside in the state and shall be selected from a list of names submitted by the Alabama Sheriff's Association.

(b) Unless otherwise provided in subsection (a), board members shall serve three-year terms of office. A vacancy in any board position shall be filled for the duration of the unexpired term in the same manner as the original appointment. Should an appointing authority fail to make an appointment to fill an unexpired or new term within 60 days after receiving notice from the board of the vacancy, the board shall make the appointment of a qualified person within the appropriate category by majority vote of the board members present. The board shall annually elect a chair from among the membership of the board at its first meeting. The board shall meet on a quarterly basis at a date, time, and place designated by the chair. No compensation shall be paid to members of the board. Actual expenses incurred by board members in the performance of duties on behalf of the board shall be reimbursed from the funds of the board. Decisions of the board shall be determined by a majority vote of the board members present and voting.

(c) The members of the board shall receive up to three hundred dollars ($300) per day, for a maximum of 12 days per year, while performing their official duties, in addition to the same per diem and mileage as provided to state employees.

(c)(d) The Alabama Security Regulatory Board board shall be subject to the Alabama Sunset Law, Title 41, Chapter 20, as an enumerated agency as provided in Section 41-20-3, and shall have a termination date of October 1, 2011, and every four years thereafter, unless continued pursuant to the Alabama Sunset Law.

§34-27C-3.

(a) The board shall have the following powers:

(1) In accordance with the Administrative Procedure Act, to promulgate rules not in conflict with the laws of this state which are reasonable, proper, and necessary to carry out the functions of the board in the regulation of persons engaged in providing security officers within this state. Any interested person may petition the board to adopt, amend, or repeal any rule and the board shall prescribe by rule any necessary forms for petitions and procedures for submission, consideration, and disposition of petitions.

(2) To enforce compliance with this chapter.

(3) To establish rules and procedures for the preparation and processing of examinations, applications, license certificates, certification cards, licensure cards, renewals, appeals, hearings, and rule making proceedings.

(4) To determine the qualifications of licensees, certified trainers, and security officers consistent with this chapter.

(5) To levy and collect fees in amounts determined necessary by the board for licensing, application processing, background checks, including fingerprints, inspections, investigations, and hearings.

(6) To employ or contract for necessary personnel, including a director, pursuant to the state Merit System, provided such persons are employed by the board on a full-time basis exceeding 32 hours per calendar week, and provide for necessary offices, supplies, and equipment to fulfill the requirements of this chapter.

(7) To delegate its power and duties by resolution to a named designee.

(8) To enter into contracts and expend funds of the board to fulfill the requirements of this chapter.

(9) To borrow money.

(10) To work with the Attorney General and other law enforcement agencies to prohibit and punish any violation of this chapter.

(11) To establish volunteer procedures for those persons or businesses that are exempt from this chapter.

(12) To engage in dialogue and to enter into reciprocal licensing agreements with governmental entities in other states that supervise and regulate the provision of private contract security services in order to ensure that security officers and armed security officers licensed by the State of Alabama have full reciprocity to operate in other states.

(13) Upon the declaration of the Governor of a state of emergency, to authorize the operation of out-of-state contract security companies and staff within the state for the duration of the state of emergency, and up to a maximum of 30 days after the expiration of the state of emergency. To be eligible to operate within the state pursuant to this subdivision, the out-of-state contract security company shall satisfy all of the following requirements:

a. Be licensed in another state in which the qualifications, insurance, training, and other requirements for licensure are substantially similar to those required by this chapter, as determined by the board.

b. Provide notice to the board of an intention to operate in the state and submit to the board any information requested by the board.

(14) To inspect the business premises of any licensee, licensed contract security company, or unlicensed contract security company during normal business hours.

The inspection of a licensed contract security company shall be limited to an inspection of training records. The inspection of an unlicensed contract security company shall be limited to licensure compliance.

(15) To hold hearings, conduct investigations, subpoena witnesses, subpoena documents, administer oaths, and take testimony as necessary to provide for the implementation of this chapter.

(b) All powers granted in this chapter and any other powers granted to the board are public and governmental functions, exercised for a public purpose, and matters of public necessity.

§34-27C-4.

(a) Commencing on May 21, 2009, any security guard officer, armed security guard officer, or contract security company providing private security services in this state shall apply to the board for a license or certification. Any security guard officer, armed security guard officer, or contract security company providing security services in this state before May 21, 2009, may continue to engage in business operations pending a final determination by the board, provided such security guard officer, armed security guard officer, or contract security company files an application for license. This chapter shall not abrogate the terms of a contract existing on May 21, 2009.

(b) An application for licensure or certification shall include all of the following information:

(1) The full name, home address, post office box, and actual street address of the business of the applicant.

(2) The name under which the applicant intends to do business.

(3) The full name and address of any partners in the business, principal officers, directors, and business manager, if applicable.

(4) The names of at least three unrelated and disinterested persons to be used as references for board inquiries regarding the character, standing, and reputation of the applicant.

(5) Such other information, evidence, statements, or documents as may be required by the board.

(c)(1) A contract security company applying for a license or certification shall include proof that the business entity has at least one person in its employ serving as a qualifying agent who is licensed by the board as a security guard officer that, in addition to meeting the requirements of subsection (d), possesses three years of experience as a manager, supervisor, or administrator with a contract security company or possesses three years of supervisory experience with any federal, military, state, county, or municipal law enforcement agency.

(2) No person may serve as the qualifying agent for more than one contract security company without prior written approval of the board.

(3) A contract security company shall notify the board within 10 working days if the qualifying agent for the company ceases to perform his or her duties as qualifying agent and shall obtain a substitute qualifying agent within 30 days after the original qualifying agent ceases to serve. The board may grant an extension to the company for good cause, for not more than three months.

(d) Every applicant for licensure or certification shall provide the following to the board:

(1) Proof that the applicant is 21 years of age or older, or 18 years of age if the person is not allowed to carry any type of firearm in the course of his or her employment with the contract security company.

(2) Proof that the applicant is a citizen of the United States or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government.

(3) A statement of the applicant, made under oath, declaring all of the following:

a. That he or she has never been convicted in any jurisdiction of the United States of any felony or crime involving moral turpitude for which a full pardon has not been granted.

b. That he or she has never been declared, by any court of competent jurisdiction, incompetent by reason of mental defect or disease, and competency has not been restored.

c. That he or she is not suffering from habitual drunkenness or from narcotics addiction or dependence. The board may require certified results of medical tests for drug or alcohol use.

(e) In addition to the requirements of subsection (d), an applicant for licensure or certification or renewal shall submit to the board a form, sworn to by the applicant, containing the name, date of birth, and Social Security number for completion of a criminal history background check. The applicant shall submit two complete sets of fingerprints to the board. The board shall submit the fingerprints to the Alabama Bureau of Investigation (ABI) State Law Enforcement Agency (ALEA) for a state criminal history record check. The fingerprints shall be forwarded by the ABI ALEA to the Federal Bureau of Investigation (FBI) for a national criminal history record check. Costs associated with conducting a criminal history background check shall be borne by the applicant. The board shall keep information received pursuant to this section confidential, except that such information received and relied upon in denying the issuance of a certificate of qualification for a license or certification to a security officer in this state may be disclosed if necessary to support the denial of the license or certification, if required by court order, or for any other reason allowed by law.

(f) Applications for licensure and certification shall be filed with the board on a form developed by the board. The board shall prescribe the procedures and methods of submission, consideration, and disposition of applications. An applicant corporation incorporated under the laws of this state or any other state shall be required to qualify with a certificate of authority issued by the Secretary of State and shall designate an agent for service of process. The applicant shall be issued a license or denied a license in writing within a reasonable period after receipt by the board of all required information.

(g)(l) Each contract security company requesting or renewing a license shall pay a security license fee upon application to be determined by the board that does not exceed three hundred fifty dollars ($350) and may not be increased more than fifty dollars ($50) per licensing period. A license shall expire on September 30 and an application for renewal shall be submitted to the board before October 1. A renewal application may not be accepted by the board after October 31. The board may impose a reasonable late fee on renewals not filed by October 1. The board shall promptly notify an applicant if the board refuses to issue or renew a license or certification. An If the board refuses to issue or renew a license or certification, the applicant or licensee may appeal any the decision of the board and may request a hearing, in accordance with the rules of the board and the Administrative Procedure Act, on the decision of the board to refuse to issue or renew a license. A licensee may continue to engage in the security business while his or her appeal or renewal application is pending. The board may impose a reasonable late fee on any renewal that is not filed before the expiration date of the license.

(2) Each security officer or armed security officer requesting or renewing a license or certification shall pay a nonrefundable security license fee to the board upon application to be determined by the board that does not exceed one hundred dollars ($100) and may not be increased more than twenty-five dollars ($25) per licensing period. The license or certification issued to a security officer or armed security officer shall expire two years from the date of issuance. If the board refuses to issue or renew a license or certification, the applicant or licensee shall be promptly notified. The If the board refuses to issue or renew a license or certification, the applicant or licensee may appeal any the decision of the board and may request a hearing, in accordance with the rules of the board and the Administrative Procedure Act, on the refusal of the board to issue or renew a license. A licensee may continue to serve as a security officer or armed security officer while his or her appeal or renewal application is pending. The board may impose a reasonable late fee on renewals not filed before the date of expiration of the license.

(h) No license or certification issued pursuant to this chapter shall be assigned or transferred by operation of law or in any other manner. A new license for an assignee or transferee of a business shall be applied for using the same procedures and requirements as set forth in this chapter for an initial license or certification applicant. The security operation of a security company may continue until the final disposition of the pending license or certification application.

(i) The current license or certificate or duplicate copy of the license or certificate shall be posted and displayed at all times at all business offices of the licensee within the state.

(j) The board shall be notified within 30 days of any changes in officers, directors, or management of a licensee or any changes that may reasonably affect the right of a licensee to hold a license or certificate under this chapter.

§34-27C-5.

(a) A The board may refuse to issue or renew a license or certification, place a licensee on probation, or suspend or revoke a license may be revoked or suspended by the board or certification for any violation of this chapter or rule of the board.

(b) In the event of a denial, probation, revocation, or suspension of a license, an applicant or a licensee shall be notified of the action of the board. The applicant or licensee may request a hearing and appeal the decision of the board in accordance with rules of the board and the Administrative Procedure Act. The licensee shall cease to provide security services to clients immediately upon receipt of a final notice from the board of revocation or suspension of its license or certification.

(c) The board may grant a stay or postponement of probation or a revocation or suspension under certain circumstances and with certain conditions attached, upon a majority vote of the board.

§34-27C-7.

(a) Within 30 days after initial employment, a security officer or armed security officer shall apply to the board for a license or certification. On or after May 21, 2009, all security officers or armed security officers not exempted under Section 34-27C-17, shall apply to the board for a license or certification in accordance with this chapter. A license or certification card issued by the board shall be carried by each security officer and armed security officer while performing his or her duties. A temporary card may shall be issued by the board and be in the possession of the applicant or licensee while working as a security officer or armed security officer pending the application process, the completion of training, and the issuance of his or her license or certification. Licensure and certification shall be renewed every two years on the date on which original licensure or certification was granted. A contract security company that employs a security officer or armed security officer who is in violation of this subsection shall be in violation of this chapter.

(b) Each applicant for licensure or certification or renewal of licensure or certification shall submit to the board, within 30 days after initial employment or 30 days before licensure or certification expiration, the appropriate form as developed by the board, a fee of twenty-five dollars ($25), and proof of completion of a certified training program or refresher course.

(c) Licensure or certification shall be denied or may be revoked not renewed if a security officer or armed security officer does not meet the standards of a security officer or armed security officer established by the board pursuant to this chapter. In the event of denial or revocation nonrenewal of a license or certification by the board, the applicant may appeal the action of the board. Upon receipt of a notice of appeal from the applicant, the board shall set a hearing date and promptly notify the applicant of the hearing date. The hearing shall be held in accordance with the rules of the board and the Administrative Procedure Act.

(d) A contract security company shall notify the board within 10 days after discovering any adverse information pertaining to the eligibility of an individual to be licensed as or certified, or any adverse information that may affect the licensure or certification status of a security officer or armed security officer.

(e) The board may issue a license or certification to a security officer who has been licensed or certified as a security officer in another state if the board determines that the applicant is currently a resident of this state and the qualifying and training requirements of the issuing state are equivalent, or substantially similar, to those required by this chapter.

(f) A security officer or armed security officer who works as such for six months or less per year may pay a one time fee for special licensure by the board. Any security officer or armed security officer who works as such for more than six months in a year shall be subject to all fees and requirements of this chapter. The board, by rule, may establish the one time fee may not exceed one hundred dollars ($100) at a reasonable amount.

§34-27C-8.

(a) A person seeking initial licensure or certification as a security officer or an armed security officer shall have completed at least eight hours of board approved classroom training with a certified trainer. This training shall include, but may not be limited to, fire prevention, legal information relevant to providing security services, detention procedures, methods of handling crisis situations, methods of crowd control, and the use of equipment needed in providing security services. Training shall be completed as follows: Initial board approved training shall consist of a minimum of eight hours. Specific initial training requirements may be outlined, defined, and modified by board rule.

(1) Security officers and armed security officers employed as such on or before May 21, 2009, shall have until January 1, 2010, to complete the first four hours of training. The second four hours of training shall be completed by July 1, 2011.

(2) Persons hired as security officers or armed security officers after May 21, 2009, shall complete the first four hours of training within 30 days after their initial employment, and the second four hours of training shall be completed within six months after their initial employment.

(b) After initial licensure or certification in accordance with this chapter, security officers and armed security officers shall complete eight hours of board approved refresher training before submitting an application for licensure or certification renewal. Specific refresher training requirements may be outlined, defined, and modified by board rule.

(c) In addition to the requirements of subsections (a) and (b), a person seeking initial licensure or certification as an armed security officer shall initially complete four hours of have completed board approved firearms safety training and annually complete two hours of board approved firearms refresher training Specific requirements for firearms safety training may be outlined, defined, and modified by board rule.

(d) After initial licensure or certification, an armed security officer shall complete board approved refresher firearms safety training before submitting an application for licensure or certification renewal. Specific refresher training requirements may be outlined, defined, and modified by board rule.

(e) In addition to the requirements of subsections (a) to (d), inclusive, a person seeking initial licensure or certification as a security officer or armed security officer shall have completed board approved use of force training. Specific requirements for use of force training may be outlined, defined, and modified by board rule.

(f) After initial licensure or certification, security officers and armed security officers shall complete board approved refresher use of force training before submitting an application for licensure or certification renewal. Specific refresher training requirements may be outlined, defined, and modified by board rule.

(d)(g) The following persons are exempt from the basic training requirements of subsections (a), (b), and (c) to (f), inclusive, except to the extent set forth below:

(1) Any security officer or armed security officer who, within three years before applying for licensure or certification, completed basic security training through a military, government, or security training institute that meets or exceeds the training required by this chapter. The board shall examine proof of training before declaring an applicant exempt. An initial exemption granted pursuant to this subdivision does not exempt an applicant from annual training requirements or refresher training requirements.

(2) Any security officer or armed security officer employed by a contract security company that has a training curriculum and standards that the board determines, upon presentation of proof of training, meet or exceed those required by this chapter. The board shall examine proof of training before declaring an applicant exempt. An initial exemption granted pursuant to this subdivision does not exempt an applicant from annual training requirements or refresher training requirements.

(3) Any person who is employed as a sworn peace officer or who is a retired sworn peace officer.

(4) Any person who has a minimum of five years of continuous experience as a security officer or armed security officer is not subject to the eight hours of classroom training required in subsection (a). Notwithstanding the foregoing, such individual shall be required to complete annual training pursuant to subsections (b) and (c).

(e)(h) The minimum training standards provided in this section are in addition to any qualifications required by an employing contract security company.

§34-27C-9.

Any person conducting training of security officers shall be licensed or certified as a certified trainer by the board. Any person seeking licensure or certification as a certified trainer shall pay all fees required by the board and meet all of the following qualifications:

(1) Be 21 years of age or older.

(2) Have a minimum of two years of supervisory experience with a contract security company, a proprietary company, or in federal, state, county, or municipal law enforcement.

(3) Have a minimum of one year of experience in teaching security-related courses or have attended a board approved two-week instructor's course.

(4) Submit proof of compliance with all instruction and training requirements established by the board.

§34-27C-10.

(a) A contract security company, at the request of a security officer in its employ, may withhold from the wages of the security officer those amounts necessary to pay for the licensure or certification fees, uniforms, or other required equipment of the security officer.

(b) A reasonable deposit may be required of a security officer by an employer to ensure the return of uniforms and equipment. The total amount of deposit required under this section may not exceed the actual cost of uniforms and equipment provided to the security officer.

§34-27C-11.

An armed security officer shall apply for and have his or her pistol permit issued by the sheriff of the county of his or her residence. It is a violation of this chapter for any security officer to carry a firearm in the performance of his or her duties without holding a valid license or certification card for an armed security officer issued by the board.

§34-27C-12.

(a) It is unlawful for any person or entity to do any of the following:

(1) Issue a shield or badge not in conformance with this chapter. Except for sworn peace officers, no person or entity shall wear or display any badge, insignia, device, shield, patch, or pattern containing words which would indicate that he or she is a sworn peace officer or that includes the Great Seal of the State of Alabama. The words

security officer," or a similar term, shall be displayed on any badge, insignia, device, shield, patch, or pattern worn by a security officer or armed security officer. Except for the vehicle of a sworn peace officer, no vehicle used by a security officer or an armed security officer shall have any equipment or markings denoting a law enforcement vehicle.

(2) Publish, advertise, use printed letterhead or circulars, or give statements, or use words or phrases which in any way suggest or imply that the security guard officer, armed security guard officer, or contract security company is a law enforcement organization or sworn peace officer, or an official of the state or federal government.

(3) Designate an individual meeting the definition of a security officer or armed security officer as anything other than a security officer or armed security officer.

(4) Knowingly quote make or provide false statements to the board or omit any document or information required to be filed with the board.

(5) Falsely represent a person to be a holder of a license or a certification card.

(6) Engage in criminal conduct that would prohibit licensing or certification.

(b) In addition to subsection (a), it shall be unlawful for a security officer, or armed security officer, or contract security company to do any of the following:

(1) Fail to comply with or violate this chapter and the published rules of the board.

(2) Divulge to anyone other than his or her employer, unless required by law, any information that would jeopardize the property for which he or she is providing security.

(3) Fail to return his or her license or certification card, or license or certification of the contract security company, to the board, if required.

(4) Possess a certification card or licensure card issued to any other person.

(5) Use a badge or shield not in conformance with this chapter.

§34-27C-13.

(a) A violation of this chapter by a security officer or an armed security officer shall be punishable by a fine of not less than seventy-five dollars ($75) nor more than two five thousand dollars ($2,000) ($5,000) per violation and may result in the probation, revocation, or suspension of the license or certification, or both, of the violator.

(b) Any person who practices or offers to practice as a security officer or an armed security officer in this state without a license or certification issued and approved by the board shall be guilty of a Class A misdemeanor.

§34-27C-16.

To the extent that other states which provide for licensing and certification of any security guard officer, armed security guard officer, or contract security company provide for similar action for citizens of this state, the board may grant a contract security license or certification to a nonresident or out-of-state contract security company who holds a valid contract security license or certification of the same type from another state upon satisfactory proof furnished to the board that the standards of licensure and or certification in such the other state are at least equivalent or substantially equivalent similar to those prevailing in this state.

§34-27C-17.

The following persons and entities, including affiliated entities under common control, are exempt from this chapter:

(1) Any person or entity which uses the employees of the person or entity for security services.

(2) Any employee who provides security services only for his or her employer and not for any third party.

(3) A sworn peace officer who only provides security services within the scope of his or her employment with a public entity and who does not contract for or otherwise provide in any manner private contract security services.

§34-27C-18.

(a) Commencing on May 21, 2009, no No governmental subdivision of this state shall enact any legislation, code, or ordinance, or promulgate any rule relating to the licensing, training, or regulation of contract security companies or individuals functioning as security guards officers, other than for the imposition of a bona fide business tax or occupational tax, or both.

(b) Commencing on May 21, 2009, any Any provision of any legislative code, ordinance, or rule promulgated by any local governmental subdivision of this state, relating to licensing, training, or regulation of contract security companies or security guards officers, shall be superseded by this chapter."

Section 2

Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 3

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.