House File 901 - Enrolled

PAG LIN



  1  1                                             HOUSE FILE 901
  1  2
  1  3                             AN ACT
  1  4 CONCERNING THE TRAINING AND CERTIFICATION OF DESIGNATED
  1  5    SECURITY PERSONNEL WORKING AT COMMERCIAL ESTABLISHMENTS
  1  6    WITH A LIQUOR CONTROL LICENSE OR WINE OR BEER PERMIT AND
  1  7    PROVIDING FOR FEES.
  1  8
  1  9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 10
  1 11    Section 1.  Section 123.32, subsection 4, Code 2007, is
  1 12 amended to read as follows:
  1 13    4.  SECURITY EMPLOYEE TRAINING.  A local authority, as a
  1 14 condition of obtaining and holding a license or permit for
  1 15 on=premises consumption, may require a designated security
  1 16 employee as defined in section 123.3 to be trained and
  1 17 certified in security methods.  The training shall include but
  1 18 is not limited to mediation de=escalation techniques, anger
  1 19 management techniques, civil rights or unfair practices
  1 20 awareness as provided in section 216.7, recognition of fake or
  1 21 altered identification, information on laws applicable to the
  1 22 serving of alcohol at a licensed premises, use of force and
  1 23 techniques for safely removing patrons, and providing
  1 24 instruction on the proper physical restraint methods used
  1 25 against a person who has become combative.
  1 26    Sec. 2.  PILOT PROJECT == ALCOHOLIC BEVERAGE CONTROL ==
  1 27 SECURITY EMPLOYEE TRAINING == FEES == REPORT.
  1 28    1.  On and after January 1, 2009, and notwithstanding any
  1 29 other provision of law to the contrary, a local authority
  1 30 located in a county with a population as of the most recent
  1 31 decennial census in excess of three hundred thousand persons,
  1 32 shall require a licensee or permittee, as provided in chapter
  1 33 123, of a premises with an occupancy of at least two hundred
  1 34 persons to have at least one designated security employee, as
  1 35 defined in section 123.3, who shall be designated as the
  2  1 supervising security person, who is trained and certified in
  2  2 security methods as provided in this section, on the premises
  2  3 during an event for which an admission or a cover charge of at
  2  4 least five dollars is charged or collected to enter the
  2  5 premises or attend a performance or program on the premises
  2  6 while alcoholic beverages are served or made available to
  2  7 patrons.  However, a designated security employee who is a
  2  8 certified peace officer shall be exempt from the requirement
  2  9 to be trained and certified through a program conducted by the
  2 10 division of labor services as provided in this section.
  2 11    2.  a.  The labor commissioner of the division of labor
  2 12 services of the department of workforce development shall
  2 13 establish and conduct an eight=hour security and safety
  2 14 certification training program for designated security
  2 15 employees.  The commissioner shall assess a fee of not more
  2 16 than fifty dollars to a person participating in the training
  2 17 and issue a certificate to the designated security employee
  2 18 upon successful completion of the training program.
  2 19    b.  The training program shall include but is not limited
  2 20 to the following:
  2 21    (1)  De=escalation techniques.
  2 22    (2)  Anger management techniques.
  2 23    (3)  Use of force and techniques for safely removing
  2 24 patrons.
  2 25    (4)  Recognition of fake or altered identification.
  2 26    (5)  Information on laws applicable to the serving of
  2 27 alcohol at a licensed premises.
  2 28    (6)  Disaster preparedness.
  2 29    (7)  Communications skills and report writing.
  2 30    (8)  Civil rights or unfair practices awareness as provided
  2 31 in section 216.7.
  2 32    (9)  Instruction on the proper physical restraint methods
  2 33 used against a person who has become combative.
  2 34    3.  Fees assessed pursuant to this section of this Act
  2 35 shall be retained by the commissioner and shall be considered
  3  1 repayment receipts as defined in section 8.2, and shall be
  3  2 used to offset the cost of conducting the training.
  3  3 Notwithstanding section 8.33, repayment receipts collected by
  3  4 the commissioner for security employee training that remain
  3  5 unencumbered or unobligated at the close of the fiscal year
  3  6 shall not revert but shall remain available for expenditure
  3  7 for the purpose designated until the close of the succeeding
  3  8 fiscal year.
  3  9    4.  The labor commissioner of the division of labor
  3 10 services of the department of workforce development and the
  3 11 administrator of the alcoholic beverages division of the
  3 12 department of commerce shall jointly submit a written report
  3 13 to the general assembly by January 1, 2011, concerning the
  3 14 effectiveness of the pilot project and any recommendations for
  3 15 legislative action to expand or modify the pilot project.
  3 16    5.  This section of this Act is repealed June 30, 2011.
  3 17
  3 18
  3 19                                                             
  3 20                               PATRICK J. MURPHY
  3 21                               Speaker of the House
  3 22
  3 23
  3 24                                                             
  3 25                               JOHN P. KIBBIE
  3 26                               President of the Senate
  3 27
  3 28    I hereby certify that this bill originated in the House and
  3 29 is known as House File 901, Eighty=second General Assembly.
  3 30
  3 31
  3 32                                                             
  3 33                               MARK BRANDSGARD
  3 34                               Chief Clerk of the House
  3 35 Approved                , 2008
  4  1
  4  2
  4  3                            
  4  4 CHESTER J. CULVER
  4  5 Governor