House Bill No. 447

Introduced By stovall

A Bill for an Act entitled: An Act permitting temporary private security guards; amending sections 37-60-301, 37-60-309, and 37-60-310, MCA; and providing an immediate effective date.

Be it enacted by the Legislature of the State of Montana:

Section 1.  Temporary security guard may work under licensee -- record and temporary identification card required. (1) This chapter does not prohibit a person from working as a temporary private security guard if:

(a) the person is not employed by a licensed private security guard for more that 30 consecutive days or for more than 30 days in a calendar year; and

(b) the person does not wear, carry, possess, or have access to a firearm in the performance of the person's duties until a background check on the person has been completed by the board and the board is satisfied that the person has met the qualifications specified in 37-60-303(5).

(2) The licensee shall file with the department:

(a) a completed application for licensure for the person within 5 days of hiring the person to work as a temporary security guard, to allow the department to conduct an in-state background check;

(b) a quarterly report accurately documenting the total number of days or hours and in what capacity each person has been employed during each calendar year; and

(c) notice that a temporary security guard has been terminated within 5 days of the termination date.

(3) The department shall keep a record of the name and address of each person working as a temporary security guard until the person's employment with a licensee is terminated.

(4) Within 2 days of receiving the results of the in-state background check for a temporary security guard, the department shall issue a temporary identification card to the temporary security guard. The temporary identification card must contain the information prescribed by the board by rule.

(5) A licensee who assigns a temporary security guard to a business shall notify the business that a background check may not have been completed on the temporary security guard.

Section 2.  Section 37-60-301, MCA, is amended to read:

"37-60-301.  License required. (1) Except as provided in 37-60-105 and [section 1], it is unlawful for any person to act as or perform the duties, as defined in 37-60-101, of a contract security company or proprietary security organization, a private investigator, or a private security guard without having first obtained a license from the board. Those persons licensed on April 18, 1983, shall retain their current licensure status and shall renew their licenses on the renewal date as prescribed by the department.

(2)  It is unlawful for any unlicensed person to act as, pretend to be, or represent to the public that the person is licensed as a private investigator, a contract security company, a proprietary security organization, or a private security guard.

(3)  A person who knowingly engages an unlicensed private investigator, private security guard, or contract security company is guilty of a misdemeanor punishable under 37-60-411."

Section 3.  Section 37-60-309, MCA, is amended to read:

"37-60-309.  Form of license and identification card cards. The license, and identification card, and temporary identification card for temporary security guards shall must be in such a form as may be determined by the board."

Section 4.  Section 37-60-310, MCA, is amended to read:

"37-60-310.  Display of license and identification card. (1) A license shall must at all times be posted in a conspicuous place in the principal place of business of the licensee.

(2)  Any A holder of an identification card or a temporary identification card must shall carry the card on his person while performing his the cardholder's duties. Any A peace officer of this state or any of its political subdivisions may request to see the card at any reasonable time, and the card must be shown."

Section 5.  Codification instruction. [Section 1] is intended to be codified as an integral part of Title 37, chapter 60, part 3, and the provisions of Title 37, chapter 60, part 3, apply to [section 1].

Section 6. Effective date. [This act] is effective on passage and approval.