Text: HF00202 Text: HF00204 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 80A.1, Code 1999, is amended by adding 1 2 the following new subsections: 1 3 NEW SUBSECTION. 0A. "Alarm system agency" means a person 1 4 engaged in the alarm system business. 1 5 NEW SUBSECTION. 0B. "Alarm system business" means the 1 6 business of providing, for a fee or other valuable 1 7 consideration, the installation of electronic or mechanical 1 8 alarm signal devices, burglar alarms, television cameras or 1 9 still cameras, or electronic access control systems used to 1 10 manually or automatically signal or detect burglary, breaking 1 11 and entering, shoplifting, pilferage, theft, or hold-up; and 1 12 the servicing or monitoring of such systems, or the design of 1 13 such installations, including surveys of premises to be 1 14 protected. 1 15 Sec. 2. Section 80A.2, Code 1999, is amended by adding the 1 16 following new subsection: 1 17 NEW SUBSECTION. 10. A person engaged in the business of 1 18 over-the-counter sales of alarm systems for installation by 1 19 the purchaser. 1 20 Sec. 3. Section 80A.3, subsections 1 and 2, Code 1999, are 1 21 amended to read as follows: 1 22 1. A person shall not operateaan alarm system business, 1 23 bail enforcement business, private investigation business, or 1 24 private security business, or otherwise employ persons in the 1 25 operation of such a business located within this state unless 1 26 the person is licensed by the commissioner in accordance with 1 27 this chapter. 1 28 2. A license issued under this chapter, other than an 1 29 alarm system business license, expires two years from the date 1 30 issued. An alarm system business license expires four years 1 31 from the date issued. 1 32 Sec. 4. Section 80A.4, subsection 3, Code 1999, is amended 1 33 by striking the subsection. 1 34 Sec. 5. Section 80A.5, subsection 3, Code 1999, is amended 1 35 to read as follows: 2 1 3. The fee for a two-year license for a bail enforcement 2 2 business, a private investigative agency, or a private 2 3 security agency, or for a four-year license for an alarm 2 4 system business, is one hundred dollars. 2 5 Sec. 6. NEW SECTION. 80A.6A BACKGROUND INVESTIGATIONS. 2 6 Each employee of an applicant or licensee regulated by this 2 7 chapter shall possess the qualifications required by section 2 8 80A.4, subsection 1. An agent shall not employ an individual 2 9 to work in any business regulated by this chapter until the 2 10 agency has completed a background investigation into the 2 11 character of the employee. The background investigation shall 2 12 include a criminal record check with local law enforcement 2 13 agencies, and the submission of fingerprints to the department 2 14 of public safety for the purpose of conducting a state and 2 15 federal criminal record check on the applicant. Each 2 16 fingerprint submission shall include a fee as established by 2 17 the department by rule to offset the cost of such checks. 2 18 Sec. 7. Section 80A.7, subsection 1, Code 1999, is amended 2 19 to read as follows: 2 20 1. The department shall issue to each licensee in the bail 2 21 enforcement business, private investigation business, or 2 22 private security business, and to each employee of the 2 23 licensee, an identification card in a form approved by the 2 24 commissioner. The application for a permanent identification 2 25 card shall include a temporary identification card valid for 2 26 fourteen days from the date of receipt of the application by 2 27 the applicant. 2 28 Sec. 8. Section 80A.7, Code 1999, is amended by adding the 2 29 following new subsection: 2 30 NEW SUBSECTION. 5. An alarm system agency shall issue an 2 31 identification card to each employee engaged in the alarm 2 32 system business. The identification card shall include the 2 33 name of the employee and the employee's picture as well as the 2 34 name, address, and telephone number of the agency. Alarm 2 35 system employees shall have their identification card in their 3 1 immediate possession when engaged in the alarm system 3 2 business, and shall produce such card upon request of their 3 3 clients, prospective clients, or law enforcement agencies. 3 4 Sec. 9. Section 80A.10, subsection 1, paragraph a, Code 3 5 1999, is amended to read as follows: 3 6 a. Five thousand dollars in the case of an agency licensed 3 7 to conduct only an alarm system business, a bail enforcement 3 8 business, private security business, or a private 3 9 investigation business. 3 10 Sec. 10. Section 80A.10A, Code 1999, is amended to read as 3 11 follows: 3 12 80A.10A LICENSEE'S PROOF OF FINANCIAL RESPONSIBILITY. 3 13 Notwithstanding the minimum bond amount that must be filed 3 14 in accordance with section 80A.10, a license shall not be 3 15 issued unless the applicant furnishes proof acceptable to the 3 16 commissioner of the applicant's ability to respond in damages 3 17 for liability on account of accidents or wrongdoings occurring 3 18 subsequent to the effective date of the proof, arising out of 3 19 the ownership and operation of a private security business, 3 20 private investigation business, or bail enforcement business. 3 21 An alarm system business shall hold and maintain a liability 3 22 insurance policy in the amount of one million dollars. 3 23 Sec. 11. Section 80A.16, subsection 2, paragraph c, Code 3 24 1999, is amended to read as follows: 3 25 c. Falsely advertises that the person is a licensed alarm 3 26 system agent, private investigator, private security agent, or 3 27 bail enforcement agent. 3 28 Sec. 12. Section 80A.16, subsection 3, Code 1999, is 3 29 amended to read as follows: 3 30 3. A person who is subject to the licensing requirements 3 31 of this chapter and who engages in an alarm system business, a 3 32 private investigation business, or private security business 3 33 as defined in this chapter, without possessing a current valid 3 34 license as provided by this chapter, is guilty of a serious 3 35 misdemeanor. 4 1 EXPLANATION 4 2 This bill provides for the mandatory licensure of alarm 4 3 system businesses by the department of public safety, and 4 4 makes many of the provisions of Code chapter 80A, which 4 5 applies to the licensing of private investigative agencies and 4 6 security agents, applicable to an alarm system business. The 4 7 bill provides that an alarm system business refers to a 4 8 business providing, for a fee or other valuable consideration, 4 9 the design, installation, monitoring, and servicing of 4 10 electronic or mechanical alarm signal devices, burglar alarms, 4 11 television cameras or still cameras, or electronic access 4 12 control systems, which are used to manually or automatically 4 13 signal or detect burglary, breaking and entering, shoplifting, 4 14 pilferage, theft, or hold-up. The bill contains an exception 4 15 from the licensure requirements for individuals engaged in the 4 16 business of over-the-counter sales of alarm systems for 4 17 installation by the purchaser. The bill provides that a 4 18 licensing fee payable to the department of public safety of 4 19 $100 will be imposed, and that a license, if granted, will 4 20 remain in force for a four-year duration. 4 21 The bill provides that each employee of an applicant or 4 22 licensee regulated by Code chapter 80A will be subject to a 4 23 background investigation into the character of the employee. 4 24 This would apply to all licensees under the chapter, including 4 25 bail enforcement businesses and private investigation 4 26 businesses in addition to alarm system businesses. 4 27 Previously, Code section 80A.4, subsection 3, provided that 4 28 the eligibility criteria applicable to licensees in subsection 4 29 1 of that section also applied to employees. The criteria 4 30 included such factors as not having been convicted of a felony 4 31 or aggravated misdemeanor, not having a history of repeated 4 32 acts of violence, not having been convicted of illegally 4 33 using, carrying, or possessing a dangerous weapon, among 4 34 others. The bill deletes that subsection, but moves these 4 35 provisions applicable to employees to a new section and 5 1 combines them with a background investigation requirement. 5 2 The background investigation will include a criminal record 5 3 check with local law enforcement agencies, and the submission 5 4 of fingerprints to the department of public safety for a state 5 5 and federal criminal record check. The bill provides that a 5 6 fee for the fingerprint submission shall be established by the 5 7 department of public safety by rule. 5 8 The bill additionally provides that alarm system agencies 5 9 will be required to issue an identification card to each 5 10 employee, to be retained in the employee's possession at all 5 11 times in which the employee is engaged in the alarm system 5 12 business. The requirement contained in Code section 80A.10, 5 13 subsection 1, paragraph "a", regarding the posting of a $5,000 5 14 surety bond is made applicable to alarm system businesses, and 5 15 the bill provides that an alarm system business will be 5 16 required to maintain a liability insurance policy in the 5 17 amount of $1 million. The bill further provides that the 5 18 criminal penalty provisions of Code section 80A.16 regarding 5 19 violating provisions of the chapter, making false statements 5 20 on an application, and false advertisement of licensure, are 5 21 applicable to alarm system businesses. 5 22 LSB 1514HH 78 5 23 rn/sc/14
Text: HF00202 Text: HF00204 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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