Text: HSB00519 Text: HSB00521 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 80F.1 DEFINITIONS.
1 2 As used in this chapter unless the context otherwise
1 3 requires:
1 4 1. "Access control" means a combination of equipment and
1 5 devices designed and arranged for the control of individuals,
1 6 vehicles, and materials through entrances and exists of a
1 7 controlled area or premises.
1 8 2. "Closed circuit television" means an in-house
1 9 television system in which a transmitter or camera feeds one
1 10 or more receivers or monitors through a closed cable or other
1 11 transmission method.
1 12 3. "Commercial fire technician" means an individual
1 13 registered to perform commercial fire applications as provided
1 14 by this chapter.
1 15 4. "Commissioner" means the commissioner of public safety.
1 16 5. "Department" means the department of public safety.
1 17 6. "Electronic security system" means an assembly of
1 18 electronic equipment and devices that provides as its main
1 19 purpose the protection of life or property, and the detection
1 20 of threats or violations to the security of the protected
1 21 premises. The system's functions include, solely or in
1 22 combination, burglary detection, fire detection, access
1 23 control, and closed circuit television.
1 24 7. "Electronic security system company" means a person
1 25 that provides services for an electric security system,
1 26 including sales, installation, repair, monitoring, and alarm
1 27 investigation.
1 28 8. "Electronic security system personnel" means an
1 29 individual who is employed by an electronic security system
1 30 company.
1 31 9. "Electronic security system technician" means an
1 32 individual registered to perform installation and repair of
1 33 electronic security applications of electronic security
1 34 systems as provided by this chapter.
1 35 10. "Monitoring" means the retransmission of information
2 1 received from an electronic security system to the proper
2 2 person as required by law or as determined by the electronic
2 3 security system user.
2 4 11. "Supervised employees" means technicians, salespeople,
2 5 monitors, or alarm investigators of an electronic security
2 6 system company who will be supervised by an individual
2 7 certified in that category for up to one year after the date
2 8 of the initial employment of the supervised employee.
2 9 Sec. 2. NEW SECTION. 80F.2 REGISTRATION AND LICENSE
2 10 REQUIRED.
2 11 A person shall not sell, lease, rent, design, plan,
2 12 install, monitor, maintain, repair, test, or inspect
2 13 electronic security systems or otherwise operate as an
2 14 electronic security system company without having first
2 15 obtained, if applicable, the appropriate registration permits
2 16 for its electronic security system personnel and a license
2 17 from the state.
2 18 Sec. 3. NEW SECTION. 80F.3 REGISTRATION PERMIT –
2 19 ELECTRONIC SECURITY SYSTEM TECHNICIAN.
2 20 1. A person shall not engage in activities in this state
2 21 as an electronic security system technician without having
2 22 first obtained a registration permit from the commissioner.
2 23 2. In addition to any other requirements for registration
2 24 under this chapter, an applicant for a permit under this
2 25 section shall have successfully passed a test covering topics
2 26 that include regulation overview, industry overview, basic
2 27 electricity, standards, detectors and sensors, controls,
2 28 communications, job planning, false alarm prevention, and job
2 29 safety.
2 30 3. A registration permit for an electronic security system
2 31 technician shall permit an individual to install, repair,
2 32 test, and modify electronic security systems in all
2 33 residential and commercial applications, excluding commercial
2 34 applications of fire detection in premises larger than five
2 35 thousand square feet or taller and three and one-half stories.
3 1 4. A person seeking a renewal of a permit issued pursuant
3 2 to this section shall have completed eighteen hours of
3 3 continuing education concerning the topics described in
3 4 subsection 3 during the period of time the person had a valid
3 5 permit.
3 6 Sec. 4. NEW SECTION. 80F.4 REGISTRATION PERMIT –
3 7 COMMERCIAL FIRE TECHNICIAN.
3 8 1. A person shall not engage in activities in this state
3 9 as a commercial fire technician without having first obtained
3 10 a registration permit from the commissioner.
3 11 2. In addition to any other requirements for registration
3 12 under this chapter, an applicant for a permit under this
3 13 section shall have successfully passed a test covering topics
3 14 that include regulation overview, industry overview, basic
3 15 electricity, standards, fire detectors and sensors, controls,
3 16 communications, job planning, system design, signaling
3 17 appliances, testing procedures, documentation and approvals,
3 18 false alarm prevention, job safety, and wiring techniques.
3 19 3. A registration permit for a commercial fire technician
3 20 shall permit an individual to install, repair, test, and
3 21 modify commercial applications of fire detection in premises
3 22 larger than five thousand square feet or taller than three and
3 23 one-half stories.
3 24 4. A person seeking a renewal of a permit issued pursuant
3 25 to this section shall have completed eighteen hours of
3 26 continuing education concerning the topics described in
3 27 subsection 3 during the period of time the person had a valid
3 28 permit.
3 29 Sec. 5. NEW SECTION. 80F.5 REGISTRATION REQUIREMENTS –
3 30 BACKGROUND CHECKS.
3 31 An individual electronic security system personnel
3 32 applicant for a registration permit under this chapter shall
3 33 meet the following requirements for a registration permit:
3 34 1. File an application with the commissioner sworn to or
3 35 affirmed by the applicant in such form as may be prescribed by
4 1 the commissioner upon consultation with the department,
4 2 including, but not limited to, the applicant's name, address,
4 3 date of birth, citizenship status, three-year work history,
4 4 categories of activities for which the registration permit is
4 5 to be issued, and statement of convictions for crimes.
4 6 2. Submit two sets of classifiable fingerprints.
4 7 3. Submit two passport size photographs.
4 8 4. Be at least eighteen years of age.
4 9 5. Not have been convicted of a crime which directly
4 10 relates to the performance of holding a license or
4 11 registration permit, including any act involving dishonesty or
4 12 corruption, regardless of whether imposition of a sentence was
4 13 suspended as ascertained by the commissioner through means of
4 14 a federal bureau of investigation and state criminal
4 15 background check.
4 16 6. Not have been declared by any court to be incompetent
4 17 by reason of mental disease or defect which has not been cured
4 18 or removed.
4 19 7. Pay a fee as required by this chapter.
4 20 8. Submit a statement from the employer or prospective
4 21 employer that the employer has made reasonable effort to
4 22 verify the work history information on the application form.
4 23 The results of such effort shall be part of the application.
4 24 "Reasonable effort" shall be deemed to be the same effort
4 25 required to satisfy the federal Immigration Reform and Control
4 26 Act with regard to verification of information.
4 27 9. Submit a statement by a certified instructor verifying
4 28 that the training and testing requirements of this chapter
4 29 have been completed.
4 30 Sec. 6. NEW SECTION. 80F.6 ELECTRONIC SECURITY SYSTEM
4 31 PERSONNEL – BACKGROUND CHECKS.
4 32 An electronic security system company shall not employ
4 33 electronic security system personnel who are not registered
4 34 under this chapter but who would have access to information
4 35 that would allow that person to circumvent electronic security
5 1 systems without establishing that the person meets the
5 2 background check requirements of section 80F.5.
5 3 Sec. 7. NEW SECTION. 80F.7 COMMISSIONER'S DUTIES –
5 4 REGISTRATION – REGISTRATION RENEWAL.
5 5 1. After receipt of an application for a registration
5 6 permit, the commissioner shall submit, or cause to have
5 7 submitted, to the property state agency and the federal bureau
5 8 of investigation, the fingerprint card submitted by the
5 9 applicant for the purpose of a criminal background check. The
5 10 commissioner is authorized to receive the record check
5 11 information directly from the United States department of
5 12 justice.
5 13 2. The commissioner shall issue a provisional registration
5 14 permit once all application requirements have been met until
5 15 completion of a criminal record check by the state and the
5 16 federal bureau of investigation. Under the provisional
5 17 permit, the registrant must operate as a supervised employee.
5 18 3. The commissioner shall issue a registration permit when
5 19 satisfied from the examination of the application and criminal
5 20 record check that the applicant has fulfilled the application
5 21 requirements of this chapter. The registration permit shall
5 22 display a picture of the registrant and class or classes of
5 23 registration as well as other information as required by the
5 24 board.
5 25 4. All registration permits, except those for supervised
5 26 employees, shall be valid for three years unless revoked by
5 27 the commissioner according to the provisions of this chapter.
5 28 Supervised employee registrations are valid for one year and
5 29 are nonrenewable.
5 30 5. Not less than ninety days prior to the expiration date
5 31 of the registration permit, the commissioner shall mail a
5 32 written notice and application for renewal to the last known
5 33 address of the registrant excluding supervised employees.
5 34 Upon receipt of the renewal application form which will
5 35 include certification that the applicant has met the
6 1 continuing training requirements and payment of renewal fees,
6 2 the commissioner shall issue a three-year renewal registration
6 3 permit. No registration permit shall be renewed three months
6 4 or more after its expiration date. After such three-month
6 5 period, an applicant shall submit a new, complete application
6 6 with appropriate fee.
6 7 6. The commissioner shall adopt rules governing the manner
6 8 in which a person issued a registration permit under this
6 9 chapter shall display or maintain such permit while working.
6 10 Sec. 8. NEW SECTION. 80F.8 ELECTRONIC SECURITY REGISTRY.
6 11 1. The department shall collect information and maintain
6 12 on a current basis, a registry of all electronic security
6 13 personnel and applicants for registration permits and of all
6 14 licenses and applicants for licenses. The electronic security
6 15 registry shall include, but not be limited to, with respect to
6 16 each applicant, the applicant's name, address, date of birth,
6 17 whether a registration permit or license has been issued, the
6 18 type of registration permit or licensed issued, whether it has
6 19 expired or been denied, suspended, or revoked, and the reason
6 20 for any denial, suspension, or revocation, the employer or
6 21 employers by whom the applicant has been employed and such
6 22 other information as the commissioner shall deem appropriate;
6 23 provided, however, that in no case shall such registry include
6 24 criminal history information.
6 25 2. The commissioner shall, at least annually, compare the
6 26 information in the registry with the state crime registry.
6 27 Any registrant or licensee whose record indicates an
6 28 outstanding warrant, arrest, or conviction for any
6 29 disqualifying offense shall be suspended immediately, pending
6 30 further disposition. This annual check shall meet the
6 31 background screening requirements of the federal Armored Car
6 32 Industry Reciprocity Act.
6 33 3. Electronic security system companies with valid,
6 34 current licenses issued under this chapter may, under the
6 35 terms and conditions as the department may prescribe, have
7 1 timely access to information contained in the registry but be
7 2 limited to the following information about a registrant or
7 3 compliance agent: name, date of birth, social security
7 4 number, registration permit number, employment history and
7 5 status of the registration permit.
7 6 Sec. 9. NEW SECTION. 80F.9 LICENSE REQUIREMENTS –
7 7 NUMBER – TYPE.
7 8 1. A person doing business as an electronic security
7 9 system company in multiple locations in this state shall be
7 10 required to obtain only one license which license shall list
7 11 each of the office locations of that company in this state.
7 12 The commissioner shall also provide, upon payment of a fee as
7 13 established by the commissioner, a licensed electronic
7 14 security system company a branch office certificate for
7 15 display in each branch office of the company. A licensed
7 16 electronic security system company shall not be required to
7 17 obtain a branch office certificate.
7 18 2. The license issued to an electronic security system
7 19 company shall reflect whether it is authorized to conduct
7 20 business concerning the following:
7 21 a. Electronic security systems.
7 22 b. Commercial fire systems.
7 23 c. Electronic security operator, dispatcher, or monitoring
7 24 services.
7 25 Sec. 10. NEW SECTION. 80F.10 LICENSE APPLICATION.
7 26 An electronic security system company applying for a
7 27 license shall submit an application to the commissioner which
7 28 contains the following information:
7 29 1. Be signed by the owner, partner, or corporate officer,
7 30 and include the name of the business and any fictitious names
7 31 the business uses in the operation of the business.
7 32 2. Include the firm's principal address and the address of
7 33 each branch operation within the state.
7 34 3. Include the nature of the business.
7 35 4. Include the names and addresses and statement of final
8 1 conviction for felony crimes of all officers and of any
8 2 investor who actively participates, directs, or controls the
8 3 business.
8 4 5. Include the name of the person designated by the
8 5 company to ensure compliance with this chapter.
8 6 6. Include certificate of insurance evidencing compliance
8 7 with this chapter.
8 8 7. Designate which of the categories set forth in section
8 9 80F.9 are to be reflected on the license.
8 10 Sec. 11. NEW SECTION. 80F.11 INSURANCE.
8 11 1. A licensee shall file and maintain with the department
8 12 a certificate of insurance as evidence that the licensee has
8 13 general liability and workers' compensation coverage. This
8 14 section shall not affect the rights of the insured to
8 15 negotiate contract limitations with third parties including
8 16 customers of the insured.
8 17 2. The insurance policies shall name the commissioner as a
8 18 certificate holder thereon for purposes of notification of
8 19 cancellation or amendment.
8 20 Sec. 12. NEW SECTION. 80F.12 LICENSE ISSUANCE – RENEWAL
8 21 – DISCLOSURE.
8 22 1. When satisfied from the examination of the application
8 23 and such further inquiry and investigation as the commissioner
8 24 shall deem proper that the applicant has met the standards
8 25 established by the department, the commissioner shall issue to
8 26 the applicant a license as appropriate to conduct business as
8 27 an electronic security system company.
8 28 2. The license shall be valid, unless otherwise provided
8 29 in this chapter, for a period of three years. No less than
8 30 ninety days prior to the expiration date of the license, the
8 31 commissioner shall mail a written notice for renewal to the
8 32 last known address of the license holder. Upon meeting
8 33 renewal standards established by the department in accordance
8 34 with this chapter, and payment of a renewal fee, the
8 35 commissioner shall issue a three-year renewal license.
9 1 3. All licenses issued pursuant to this chapter shall be
9 2 on a form prescribed by the commissioner and shall include the
9 3 licensee's name, license number, expiration date, and any
9 4 other information the commissioner deems necessary. Licenses
9 5 must be displayed at all times at the place of business, in
9 6 clear and unobstructed public view.
9 7 4. Notwithstanding the existence of a valid state
9 8 corporate registration, no licensee may conduct activities
9 9 regulated under this chapter under any fictitious name unless
9 10 listed on the licensee's license. The commissioner may not
9 11 authorize the use of a name which is so similar to that of a
9 12 public law enforcement officer or agency, or of that used by
9 13 another licensee, that the public may be confused or misled.
9 14 5. A licensee must include its license number in any
9 15 written bid or offer to provide services.
9 16 6. A license issued under this chapter may not be sold,
9 17 assigned, or transferred without the prior written approval of
9 18 the commissioner.
9 19 Sec. 13. NEW SECTION. 80F.13 RULES.
9 20 The commissioner may adopt administrative rules pursuant to
9 21 chapter 17A to carry out this chapter.
9 22 EXPLANATION
9 23 This bill provides for the regulation and licensure of
9 24 electronic security systems companies and personnel through
9 25 the commissioner of the department of public safety. An
9 26 electronic security system company is one which deals with all
9 27 aspects of electronic security systems. The bill provides
9 28 that a company shall be licensed in order to operate in this
9 29 state and that its employees meet certain requirements. In
9 30 addition, two categories of employees are required to obtain a
9 31 registration permit in order to perform their jobs.
9 32 The bill provides for the issuance of a registration permit
9 33 for an electronic security system technician and for a
9 34 commercial fire technician. The bill establishes the
9 35 requirements for issuance of a permit, such as completion of
10 1 certain background checks and certain training requirements.
10 2 The bill provides for the mechanism for the issuance of a
10 3 permit, including provisions governing the renewal of a
10 4 permit. The bill provides that other employees involved with
10 5 electronic security systems must be subjected to a background
10 6 check as a condition of employment.
10 7 The bill also provides for the licensure of electronic
10 8 security system companies as well as provisions concerning the
10 9 use of the license and the renewal of licenses.
10 10 LSB 3541HC 77
10 11 ec/cf/24
Text: HSB00519 Text: HSB00521 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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