Connecticut Seal

General Assembly

 

Raised Bill No. 70

February Session, 2004

 

LCO No. 434

 

*00434_______PS_*

Referred to Committee on Public Safety

 

Introduced by:

 

(PS )

 

AN ACT CONCERNING LICENSING AND TRAINING OF PRIVATE DETECTIVES AND GUARD SERVICES AND SECURITY PERSONNEL SERVICES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2004) As used in chapter 534 of the general statutes and sections 22 to 39, inclusive, of this act:

(1) "Armed security officer" means a security officer who carries or has immediate access to a firearm in the performance of such officer's duties as a security officer;

(2) "Commissioner" means the Commissioner of Public Safety;

(3) "Licensee" means any person, firm, company, partnership or corporation providing investigative or security services;

(4) "Private detective" means any person engaged in the business of, or advertising as engaged in the business of (A) investigating crimes or civil wrongs, (B) investigating the location, disposition or recovery of property, (C) investigating the cause of accidents, fire damage or injuries to persons or to property, except persons performing bona fide engineering services, (D) providing the personal protection of individuals, (E) conducting surveillance activity, (F) conducting background investigations, or (G) securing evidence to be used before a court, board, officer or investigation committee;

(5) "Private detective agency" means any person, firm, company, partnership or corporation that, for consideration, advertises as providing, or is engaged in the business of providing, private detectives;

(6) "Security officer" means the licensed and registered person hired to safeguard and protect persons and property, by (A) the detection or prevention of any unlawful intrusion or entry, larceny, vandalism, abuse, arson or trespass on property such security officer is hired to protect, or (B) the prevention, observation, or detection of any unauthorized activity on property the security officer was hired to protect. Such security officer may be (i) employed by a security service, or (ii) employed by a business and is a uniformed employee who performs security work on the premises of the employer's business when such premises are located in an area that is accessible and unrestricted to the public, or has access only by paid admission;

(7) "Security service" means any person, firm, association or corporation that, for consideration, provides to another person, firm, association or corporation one or more of the following: (A) The prevention or detection of intrusion, entry, larceny, vandalism, abuse, fire, or trespass on the property the security service was hired to protect; (B) the prevention, observation or detection of any unauthorized activity on property the security service was hired to protect; (C) the protection of patrons and persons authorized to be on the premises of a person, firm, association or corporation that the security service was hired to protect; (D) the secure transportation of papers, money, negotiable instruments and other valuables; (E) the provision of patrol and armored car services; or (F) the provision of guard dogs.

Sec. 2. Section 29-153 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

No person shall engage in the business of, or solicit business as a private detective or [investigator or as a watchman, guard or patrol service or represent himself to be, hold himself out as] make representations to be or advertise as a private detective [or investigator] or as furnishing detective or investigating services [or as a watchman, guard or patrol service] without first obtaining a license from the Commissioner of Public Safety.

Sec. 3. Section 29-154a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) The commissioner may grant a private detective or [investigator's license or a watchman, guard or patrol service] private detective agency license to any suitable person, or to any corporation, association or partnership subject to the following qualifications:

[(1) Private detective or investigator:] The applicant for a private detective or [investigator's] private detective agency license shall be not less than twenty-five years of age and of good moral character and shall have had at least five years' experience as a full-time investigator, [either in the employment of a licensed private detective or investigator or with a United States government investigative service, a state or organized municipal fire or police department or the Division of Public Defender Services] as determined in regulations adopted by the commissioner pursuant to section 29-161, as amended by this act, or shall have had at least ten years' experience as a police officer with a state or organized municipal police department. Employment as a [watchman, guard or private patrolman] security officer shall not be considered as employment as an investigator. If the applicant is a corporation, association or partnership, the person filing the application in behalf of such corporation, association or partnership shall meet the qualifications set out herein for an individual applicant, and shall be an officer of such corporation or member of such association or partnership. If the commissioner grants a private detective or [investigator's] private detective agency license to an applicant based on such applicant's experience as an investigator with an organized municipal fire department, such license shall restrict such licensee to performing the same type of investigations as [he] were performed for the municipal fire department.

[(2) Watchman, guard or patrol service: The applicant for a license as a watchman, guard or patrol service shall be not less than twenty-five years of age and of good moral character and shall have had at least five years' experience as a supervisor or administrator in industrial security or in the employment of a private guard, watchman or patrol service or with a federal security agency or a state or organized municipal police department. If the applicant is a corporation, association or partnership, the person making the application shall be an officer of the corporation or a member of the association or partnership, and meet the foregoing qualifications.]

[(3)] (b) The commissioner may, at [his] the commissioner's discretion, substitute up to one year of experience for [either] a private detective or [investigator or a watchman, guard or patrol service] private detective agency applicant upon proof of satisfactory participation in a course of instruction pertinent to the license applied for.

[(4)] (c) No license shall be issued to any person who has been [convicted of a felony or an offense involving moral turpitude, or has been discharged from military service under other than honorable conditions] (1) convicted of any felony, (2) convicted of any misdemeanor under section 21a-279, 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d, or equivalent conviction in another jurisdiction, within the past seven years, (3) convicted of any offense involving moral turpitude, or (4) discharged from military service under conditions that demonstrate questionable moral character.

(d) Any applicant who has been denied a license may appeal in writing to the commissioner not later than thirty days after receipt of such denial.

Sec. 4. Section 29-154c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

No member of the state, or any town, city or borough, police force or any other person vested with police powers shall be eligible for a license under the provisions of [this chapter] sections 29-153 to 29-161, inclusive, as amended by this act. If the applicant is a corporation, association or partnership, no person comprising the corporation, association or partnership may be such a member or person.

Sec. 5. Section 29-155 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) Application for a license as a private detective or [investigator or as a watchman, guard or patrol service,] as a private detective agency shall be made in writing, under oath, on a form to be furnished by the commissioner. The application shall state the applicant's full name, age, date and place of birth, residences and employment within the past five years and [his] the applicant's present occupation with the names and addresses of employers, the date and place of conviction of any crime and such additional information as the commissioner requires to investigate the qualification, character, competency and integrity of the applicant. If the applicant is an association, corporation or partnership, similar information shall be required of each individual composing or intending to compose such association, corporation or partnership.

(b) The commissioner shall require any applicant for a license under this section to submit to state and national criminal history records checks. Each applicant and, in the case of an association, corporation or partnership, each individual composing such association, corporation or partnership, shall submit with the application two complete sets of fingerprints on forms specified and furnished by the commissioner and two photographs, two inches wide by three inches high, taken within six months prior to the application. The criminal history records checks required pursuant to this subsection shall be conducted in accordance with section 29-17a.

(c) The application shall state the trade name or proposed trade name to be used by the applicant and the location of the principal place of business and the location of each office and branch office. If the applicant is a corporation, the application shall give the name of the corporation, if different from the proposed trade name, and the date and place of incorporation. Any trade name or proposed trade name shall require the approval of the commissioner. No trade name or designation shall be used which implies any association with any municipal, county or state government or the federal government, or any agency thereof. No licensee shall use any advertisement, seal or card, or any other media which may tend to mislead the public.

(d) The application shall contain such additional information and documentation as the commissioner may require by regulation.

Sec. 6. Section 29-155a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) Each applicant for a license as a private detective or as a private detective agency [, and each applicant for a license as a security service or a security agency] shall post with the commissioner a bond in favor of the state with surety in the amount of ten thousand dollars. No bond shall be accepted for filing unless it is with a surety company authorized to do business in this state and conditioned that the principal named therein shall not do any act meriting suspension or revocation of [his] such principal's license under the provisions of this chapter. Any person aggrieved by an act of the principal named in such bond in violation of the provisions of [this chapter] sections 29-153 to 29-161, inclusive, as amended by this act, may proceed on such bond against the principal or surety therein, or both, to recover damages.

(b) Prior to being issued a license, an applicant shall provide a copy of a certificate of general liability insurance for not less than three hundred thousand dollars.

(c) A licensee shall notify the commissioner in writing within thirty days of a change of status in the liability insurance or surety bond required by this section.

Sec. 7. Section 29-155b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

Upon being satisfied, after investigation, of the good character, competency and integrity of an applicant, or, if the applicant is an association or partnership, of the individual members thereof, or if a corporation, of all officers and directors thereof, the commissioner may grant a license to conduct such private detective business [or watchman, guard or patrol agency] and to maintain a bureau, agency, subagency, office or branch office for the conduct of such business on the premises stated in such application. The license for an individual private detective [or investigator] shall be as a private detective, and, the license for a corporation, association or partnership shall be as a private detective agency. [The license for an individual conducting a watchman, guard or patrol service shall be as a security service, and, if for a corporation, association or partnership, shall be as a security agency.] Such license shall be for [one year] a term of two years and application for renewal shall be on a form furnished by the commissioner. Each licensee shall permit the department to inspect, review or copy those documents, business records or training records in the licensee's possession that are required by regulation to be maintained.

Sec. 8. Section 29-155c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

The fee for an individual private detective [or security service] shall, for an original license, be [six hundred dollars and for renewal of any such license four hundred fifty dollars per year] one thousand two hundred dollars and for renewal of any such license, five hundred dollars every two years. The fee for a private detective agency [or security agency] shall, for an original license, be [seven hundred fifty dollars and for renewal thereof six hundred dollars per year. The fee for a combination private detective and security service license shall be six hundred dollars, and for renewal of any such license three hundred dollars per year, and for a combination detective agency and security agency license seven hundred fifty dollars per year, and for renewal of any such license four hundred fifty dollars per year] one thousand five hundred dollars and for renewal of any such license, eight hundred dollars every two years. If a licensee fails to apply for renewal of any license within [six months] ninety days after the expiration thereof, [he] such licensee shall pay for renewal thereof the fee provided for an original license.

Sec. 9. Section 29-155d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

Immediately upon the receipt of a license certificate issued by the Commissioner of Public Safety pursuant to [this chapter] sections 29-153 to 29-161, inclusive, as amended by this act, the licensee shall post and at all times display such license in a conspicuous place at [his] the licensee's place of business. A copy or duplicate of the license certificate shall be conspicuously posted at each branch or suboffice.

Sec. 10. Section 29-156 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

Upon the issuance of a license as provided in [this chapter] sections 29-153 to 29-161, inclusive, as amended by this act, the commissioner shall issue to each licensee and, in the case of a corporation, association or partnership, each officer or member thereof, a pocket identification card, of such size and design as the commissioner may prescribe, which card shall contain a photograph [and fingerprint] of the person to whom issued, the name and business address of the licensee, the license number and date of its expiration and the imprint or impress of the seal of the state of Connecticut. Such card shall be carried upon the person to whom issued at all times when engaged in the activities of [his] the licensed business, which card shall be evidence of due authorization pursuant to the terms of [this chapter] sections 29-153 to 29-161, inclusive, as amended by this act. All persons to whom such identification cards have been issued shall be responsible for the safe keeping of the same and shall not lend, enable, let or allow any other person to have, hold, possess or display such identification card, and no person shall possess, hold or display any identification card or facsimile thereof, which is not duly authorized and issued by the commissioner pursuant to the foregoing provisions.

Sec. 11. Section 29-156a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) Any licensee may employ as many agents, operators, assistants, guards, watchmen or patrolmen as such licensee deems necessary for the conduct of such licensee's business, provided such employees shall be of good moral character and at least eighteen years of age.

(b) Immediately upon hiring an agent, operator, assistant, guard, watchman or patrolman, the licensee shall make application to register such employee with the Commissioner of Public Safety. Such application shall be made on forms furnished by the commissioner, and, under oath of the employee, shall give the employee's name, address, date and place of birth, employment for the past five years, experience in the position applied for, any convictions for violations of the law and such other information as the commissioner may require, by regulation, to properly investigate the character, competency and integrity of the employee.

(c) The Commissioner of Public Safety shall require any applicant for a license under this section to submit to state and national criminal history records checks. The criminal history records checks required pursuant to this section shall be conducted in accordance with section 29-17a. The application for registration shall be accompanied by two sets of fingerprints of the employee and two photographs of the employee, two inches wide by two inches high, full-face, [with and without head covering,] taken within six months prior thereto, and a [thirteen-dollar] twenty-dollar registration fee payable to the state. Subject to the provisions of section 46a-80, no person shall be approved for employment who has been convicted of a felony, any sexual offense or any crime that would tend to question such person's honesty and integrity, or who has been refused a license under the provisions of this chapter for any reason except minimum experience, or whose license, having been granted, has been revoked or is under suspension. Upon being satisfied of the suitability of the applicant for employment the commissioner shall register the employee and so notify the licensee and place the registration form and all related material on file with the Division of State Police within the Department of Public Safety.

(d) The licensee shall notify the commissioner within five days of the termination of employment of any registered employees.

[(e) The commissioner may waive state and national criminal history records checks and the submission of fingerprints and photographs for any employee who has been employed by a licensed private detective or security service or agency within the previous six months.]

Sec. 12. Section 29-156b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

The licensee of a private detective [business] agency shall issue to each of [his] the agency's nonuniformed investigators, operators or agents, [and the licensee of a watchman, guard or patrol service shall issue to each of his nonuniformed agents,] an identification card, of such size, color and design as the commissioner may prescribe, which card shall contain the name [,] and photograph [and index fingerprint] of the [employee] investigator, operator or agent, the name and business address of the licensee, the license number and expiration date, and the certification that the named [employee] investigator, operator or agent is employed as an investigator, operator or agent of the licensee. Such card shall be carried by the [employee] investigator, operator or agent at all times when engaged in the activities of [his employer] the licensee. No person shall hold, possess or show an [employee] identification card not authorized and issued to [him] such person by a licensed employer, or possess such card after termination of [his] such person's employment with the issuing licensee.

Sec. 13. Section 29-156d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

No private detective [or investigator] licensed under the [provision] provisions of [this chapter] sections 29-153 to 29-161, inclusive, as amended by this act, or officer, director, employee, operator or agent of such licensee, or any other person shall wear, carry, accept or show any badge or shield of any description, purporting to indicate that such person is a private detective [or investigator] or connected with the private detective business.

Sec. 14. Section 29-156e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

Any licensee may operate as many branch or suboffices as [he] such licensee deems necessary to conduct [his] the business properly. [He] Such licensee shall advise the commissioner, in writing not later than five business days after opening such branch or suboffice for business, of the location of each branch or suboffice, giving the town or city, street, number and telephone number and the name of the manager of such branch or suboffice.

Sec. 15. Section 29-156g of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

No person who is or has been an employee of a licensed private detective [or investigator] shall divulge any information to anyone other than [his] such person's employer, or as [his] the employer may direct, except as may be required by law and including a hearing before the commissioner, in respect to any of the work to which [he] such person shall have been assigned by such employer or any other information relating to the business of [his] the employer gained during such employment or association.

Sec. 16. Section 29-156h of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

Nothing in this chapter shall preclude a private detective or private detective agency from providing nonuniformed guard services for private property or persons in the normal course of their business. [, or a security service or agency from performing the investigation of offenses upon property they are employed to service.]

Sec. 17. Section 29-158 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

Any license may be suspended or revoked by the commissioner, provided notice shall have been given to the licensee to appear before the commissioner to show cause why the license should not be suspended or revoked, upon a finding by the commissioner that: (1) The licensee has violated any of the terms or provisions of sections 29-153 to 29-161, inclusive, as amended by this act, or any of the regulations promulgated thereunder; (2) the licensee has practiced fraud, deceit or misrepresentation to the clients of the licensee; (3) the licensee has made a material misstatement in the application for issuance or renewal of [his] such licensee's license; (4) the licensee has demonstrated incompetence or untrustworthiness in the conduct of [his] such licensee's business; (5) the licensee has been convicted of a felony or other crime affecting [his] such licensee's honesty, integrity or moral fitness. If the licensee has been convicted under section 53a-61 or 53a-62, the commissioner shall consider the facts and circumstances surrounding such convictions prior to suspending or revoking said license. Any party aggrieved by an order of the commissioner hereunder may appeal therefrom in accordance with the provisions of section 4-183, except venue for such appeal shall be in the judicial district of New Britain.

Sec. 18. Section 29-161 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) Any person who violates any provision of sections 29-153 to 29-161, inclusive, as amended by this act, shall be fined not more than five thousand dollars or imprisoned not more than one year or both. The commissioner may establish, by regulation, civil penalties for violations of sections 29-153 to 29-161, inclusive, as amended by this act, but no such penalty shall be more than five thousand dollars. No person who violates any provision of section 29-153, as amended by this act, shall be eligible to apply for a license for two years. Any experience accrued while operating without being licensed will not be counted to the requirements as outlined in section 29-154a, as amended by this act.

(b) The commissioner shall adopt regulations in accordance with the provisions of chapter 54 to implement the provisions of sections 29-153 to 29-161, inclusive, as amended by this act.

Sec. 19. Section 29-161a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) Any person, firm or corporation may employ as many [guards, watchmen, patrolmen] security officers or security personnel carrying firearms as it deems necessary for the conduct of its business, provided such employees shall be of good moral character and at least [eighteen] twenty-one years of age. Each person, firm or corporation shall make application to register such personnel [employed on and after October 1, 1983,] with the Commissioner of Public Safety immediately upon their hiring. [A person, firm or corporation currently employing such personnel shall make application to register such employees within ninety days of October 1, 1983.] Application for registration shall be made in the same manner as is provided in section 29-156a, as amended by this act, and applicants shall meet the requirements specified in said section.

(b) Each person, firm or corporation employing nonarmed proprietary security personnel may register such employees with the Commissioner of Public Safety in accordance with the provisions of this section.

(c) Any person, firm or corporation which violates any provision of this section shall be fined seventy-five dollars for each offense. Each violation of this section shall be a separate and distinct offense, and, in the case of a continuing violation, each day's continuance thereof shall be deemed to be a separate and distinct offense.

Sec. 20. Section 29-161b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) No employee of a licensed [watchman, guard or patrol] security service and no employee of a firm or corporation hired to perform [watchman, guard or] security services may carry a pistol, revolver or other firearm while on duty or directly en route to or from such employment unless [he] such employee obtains a special permit from the Commissioner of Public Safety in accordance with the provisions of subsection (b) of this section. No licensed [watchman, guard or patrol] security service and no firm or corporation may permit any employee to carry a pistol, revolver or other firearm while on duty or directly en route to or from such employment unless it obtains proof that such employee has obtained such permit from the commissioner. The permit required under this section shall be in addition to the permit requirement imposed under section 29-28.

(b) The Commissioner of Public Safety may grant to any suitable employee of a licensed [watchman, guard or patrol] security service, or to an employee hired to perform [watchman, guard or] uniformed or nonuniformed security services by a firm or corporation, a permit to carry a pistol or revolver or other firearm while actually on duty on the premises of the employer, or, while directly en route to or from such employment, provided that such employee has proven to the satisfaction of the commissioner that [he] such employee has successfully completed a course, approved by the commissioner, of training in the safety and use of firearms. The commissioner may grant to such employee a temporary permit pending issuance of the permit, provided [he] such employee has submitted [his] an application and successfully completed such training course immediately following employment. All armed security officers shall complete such safety course and yearly complete a refresher safety course approved by the commissioner. The commissioner shall adopt regulations in accordance with the provisions of chapter 54 concerning the approval of schools, institutions or organizations offering such courses, requirements for instructors and the required number of hours and content of such courses.

(c) Application for such permit shall be made on forms provided by the commissioner and shall be accompanied by a thirty-one dollar fee. Such permit shall [expire five years after the date it becomes effective] have the same expiration date as the pistol permit issued under subsection (b) of section 29-28 and may be renewed for additional five-year periods.

(d) Any person, firm or corporation which violates any provision of this section shall be fined seventy-five dollars for each offense. Each violation of this section shall be a separate and distinct offense, and, in the case of a continuing violation, each day's continuance thereof shall be deemed to be a separate and distinct offense.

(e) The commissioner may suspend or revoke a [watchman, guard or patrol] security service license upon a finding by the commissioner that such licensee has violated the provisions of subsection (a) of this section, provided notice shall have been given to such licensee to appear before the commissioner to show cause why the license should not be suspended or revoked. Any party aggrieved by an order of the commissioner may appeal therefrom in accordance with the provisions of section 4-183, except venue for such appeal shall be in the judicial district of New Britain.

Sec. 21. Section 29-161c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

Any licensed [watchman, guard or patrol] security service or any firm or corporation employing proprietary security personnel shall furnish the state police or the municipal police department with written notice of the assignments of any security [guards] officers or personnel who carry firearms and are stationed within the jurisdiction of such law enforcement agencies.

Sec. 22. (NEW) (Effective October 1, 2004) No person shall engage in the business of, or solicit business as a security service or make representations to be or advertise as furnishing security services without first obtaining a license from the Commissioner of Public Safety.

Sec. 23. (NEW) (Effective October 1, 2004) (a) The Commissioner of Public Safety may grant a security service license to any suitable person, or to any corporation, association or partnership subject to the following qualifications: The applicant for a license as a security service shall be not less than twenty-five years of age and of good moral character and shall have had at least five years' experience in a supervisory management capacity in industrial security, or a supervisor within a federal or state security agency, or within a state or organized municipal police department or shall have had at least ten years' experience as a police officer with a state or organized municipal police department. If the applicant is a corporation, association or partnership, the person making the application shall be an officer of the corporation or a member of the association or partnership, and meet the foregoing qualifications.

(b) The commissioner may, at the commissioner's discretion, substitute up to one year of experience for a security service applicant upon proof of satisfactory participation in a course of instruction pertinent to the license applied for.

(c) No license shall be issued to any person who has been (1) convicted of any felony, (2) convicted of any misdemeanor under section 21a-279, 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d of the general statutes, or equivalent conviction in another jurisdiction, within the past seven years, (3) convicted of any offense involving moral turpitude, or (4) discharged from military service under conditions that demonstrate questionable moral character.

(d) Any applicant for a security service or security officer license who has been denied such license may appeal in writing to the commissioner within thirty days.

Sec. 24. (NEW) (Effective October 1, 2004) An application for a license of a corporation may be denied by the Commissioner of Public Safety, or suspended or revoked, if it appears that ten per cent or more of the stock of such corporation is held by a person who cannot meet the character standards required of an applicant.

Sec. 25. (NEW) (Effective October 1, 2004) No member of the state, or any town, city or borough, police force or any other person vested with police powers shall be eligible for a license under the provisions of sections 22 to 39, inclusive, of this act. If the applicant is a corporation, association or partnership, no person comprising the corporation, association or partnership may be such a member or person.

Sec. 26. (NEW) (Effective October 1, 2004) (a) Application for a license as a security service, shall be made in writing, under oath, on a form to be furnished by the Commissioner of Public Safety. The application shall state the applicant's full name, age, date and place of birth, residences and employment within the past five years and the applicant's present occupation with the names and addresses of employers, the date and place of conviction of any crime and such additional information as the commissioner requires to investigate the qualification, character, competency and integrity of the applicant. If the applicant is an association, corporation or partnership, similar information shall be required of each individual composing or intending to compose such association, corporation or partnership.

(b) The Commissioner of Public Safety shall require any applicant for a license under this section to submit to state and national criminal history records checks. Each applicant and, in the case of an association, corporation or partnership, each individual composing such association, corporation or partnership, shall submit with the application two complete sets of fingerprints on forms specified and furnished by the commissioner and two photographs, two inches wide by three inches high, taken within six months prior to the application. The criminal history records checks required pursuant to this section shall be conducted in accordance with section 29-17a of the general statutes.

(c) The application shall state the trade name or proposed trade name to be used by the applicant and the location of the principal place of business and the location of each office and branch office. If the applicant is a corporation, the application shall give the name of the corporation, if different from the proposed trade name, and the date and place of incorporation. Any trade name or proposed trade name shall require the approval of the commissioner. No trade name or designation shall be used which implies any association with any municipal, county or state government or the federal government, or any agency thereof. No licensee shall use any advertisement, seal or card, or any other media which may tend to mislead the public.

(d) The application shall contain such additional information and documentation as the commissioner may require by regulation.

Sec. 27. (NEW) (Effective October 1, 2004) (a) Each applicant for a license as a security service shall post with the Commissioner of Public Safety a bond in favor of the state with surety in the amount of ten thousand dollars. No bond shall be accepted for filing unless it is with a surety company authorized to do business in this state and conditioned that the principal named therein shall not do any act meriting suspension or revocation of such principal's license under the provisions of sections 22 to 39, inclusive, of this act. Any person aggrieved by an act of the principal named in such bond in violation of the provisions of chapter 534 of the general statutes may proceed on such bond against the principal or surety therein, or both, to recover damages.

(b) Prior to being issued a license, an applicant shall provide a copy of a certificate of general liability insurance for not less than three hundred thousand dollars. The licensee shall notify the commissioner, in writing, within thirty days of a change of status in the liability insurance or surety bond required by this section.

Sec. 28. (NEW) (Effective October 1, 2004) Upon being satisfied, after investigation, of the good moral character, competency and integrity of an applicant, or, if the applicant is an association or partnership, of the individual members thereof, or if a corporation, of all officers and directors thereof, the Commissioner of Public Safety may grant a license to conduct business as a security service and to maintain a bureau, agency, subagency, office or branch office for the conduct of such business on the premises stated in such application. The license for an individual, a corporation, association or partnership conducting a security service shall be as a security service. Such license shall be for a term of two years and application for renewal shall be on a form furnished by the commissioner. Each licensee shall permit the department to inspect, review or copy those documents, business records or training records in the licensee's possession that are required by sections 22 to 39, inclusive, of this act to be maintained.

Sec. 29. (NEW) (Effective October 1, 2004) The fee for an individual, association or partnership licensed as a security service shall, for an original license, be one thousand two hundred dollars, and for renewal thereof, five hundred dollars every two years. The fee for a corporation licensed as a security service shall, for an original license, be one thousand five hundred dollars and for renewal thereof eight hundred dollars every two years. If a licensee fails to apply for renewal of any license within ninety days after the expiration thereof, the licensee shall pay for renewal thereof the fee provided for an original license.

Sec. 30. (NEW) (Effective October 1, 2004) Immediately upon the receipt of a license certificate issued by the Commissioner of Public Safety pursuant to section 23 of this act, the licensee shall post and at all times display such license in a conspicuous place at the licensee's place of business. A copy or duplicate of the license certificate shall be conspicuously posted at each branch or suboffice.

Sec. 31. (NEW) (Effective October 1, 2004) Upon the issuance of a license as provided in sections 22 to 39, inclusive, of this act, the Commissioner of Public Safety shall issue to each licensee and, in the case of a corporation, association or partnership, each officer or member thereof, a pocket identification card, of such size and design as the commissioner may prescribe, which card shall contain a photograph of the person to whom issued, the name and business address of the licensee, the license number and date of its expiration and the imprint or impress of the seal of the state of Connecticut. Such card shall be carried upon the person to whom issued at all times when engaged in the activities of the licensed business, which card shall be evidence of due authorization pursuant to the terms of sections 22 to 39, inclusive, of this act. All persons to whom such identification cards have been issued shall be responsible for the safe keeping of the same and shall not lend [,] such identification card to any other person or enable, let or allow any other person to have, hold, possess or display such identification card, and no person shall possess, hold or display any identification card or facsimile thereof, which is not duly authorized and issued by the commissioner pursuant to the foregoing provisions.

Sec. 32. (NEW) (Effective October 1, 2004) (a) Any security service may employ as many security officers as the licensee deems necessary for the conduct of the business, provided such employees shall be of good moral character and at least eighteen years of age.

(b) Any person hired to work as a security officer shall be licensed as a security officer prior to a security service making application to register the security officer with the Commissioner of Public Safety. The employee shall complete a minimum of eight hours training in the following areas: Basic first aid, search and seizure laws and regulations, use of force, basic criminal justice and public safety issues. The training shall be approved by the commissioner in accordance with regulations adopted pursuant to section 39 of this act.

(c) Upon successful completion of such training, an employee may submit an application for a license as a security officer on forms furnished by the commissioner and, under oath, shall give the employee's name, address, date and place of birth, employment for the past five years, experience in the position applied for, any convictions for violations of the law and such other information as the commissioner may require, by regulation, to properly investigate the character, competency and integrity of the employee. The initial application for a license shall be accompanied by two sets of fingerprints of the employee and the Commissioner of Public Safety shall require any applicant for a license under this section to submit to state and national criminal history records checks. The criminal history records checks required pursuant to this subsection shall be conducted in accordance with section 29-17a of the general statutes. The application for a license shall be accompanied by two sets of fingerprints of the employee and two photographs of the employee, two inches wide by two inches high, full-face, taken within six months prior thereto, and a twenty-dollar licensing fee to be renewed every two years, made payable to the state. Subject to the provisions of section 46a-80 of the general statutes, no person shall be approved for a license who has been convicted of a felony, any sexual offense or any crime that would tend to question such person's honesty and integrity, or who has been refused a license under the provisions of sections 22 to 39, inclusive, of this act, for any reason except minimum experience, or whose license, having been granted, has been revoked or is under suspension. Upon being satisfied of the suitability of the applicant for licensure, the commissioner may license the employee as a security officer.

(d) Upon the security officer's successful completion of training and licensing by the commissioner, or immediately upon hiring a licensed security officer, the security service shall make application to register such security officer with the commissioner on forms provided by the commissioner. Such application shall be accompanied by payment of a twenty-dollar application fee payable to the state. The completed registration form and all related material shall be kept on file with the Division of State Police within the Department of Public Safety.

(e) The security service shall notify the commissioner within five days of the termination of employment of any registered employee.

Sec. 33. (NEW) (Effective October 1, 2004) The licensee of a security service shall issue to each nonuniformed security officer employed by such security service an identification card, of such size, color and design as the Commissioner of Public Safety may prescribe, which card shall contain the name and photograph of the security officer, the name and business address of the security service, the license number and expiration date and the certification that the named security officer is employed as a security officer by the security service. Such card shall be carried by the security officer at all times when engaged in the activities of such security officer's employer. No person shall hold, possess or show an identification card not authorized and issued to such person by a licensed employer, or possess such card after termination of such person's employment with the issuing licensee.

Sec. 34. (NEW) (Effective October 1, 2004) The licensee of a security service shall issue to each uniformed employee a metal or woven insignia of a design approved by the Commissioner of Public Safety, with an inscription thereon containing the word "security", the name of the licensee and an identification number. Such insignia shall be conspicuously worn at all times by the employee when in uniform and acting in the service of the licensee, and the commissioner may prescribe the manner of displaying such insignia. As used in this section, "uniform" means any manner or type of dress of a particular style and distinctive appearance as distinguished from clothing usually worn by the public.

Sec. 35. (NEW) (Effective October 1, 2004) Any security service may operate as many branch or suboffices as the licensee deems necessary to conduct the business properly. The licensee of the security service shall advise the Commissioner of Public Safety, in writing, not later than five business days after opening such branch or suboffice for business, of the location of each branch or suboffice, giving the town or city, street address and telephone number and the name of the manager of such branch or suboffice.

Sec. 36. (NEW) (Effective October 1, 2004) Nothing in sections 22 to 39, inclusive, of this act, shall preclude a security service from performing the investigation of offenses upon property such security service is employed to service.

Sec. 37. (NEW) (Effective October 1, 2004) Any license for a security service or security officer may be suspended or revoked by the Commissioner of Public Safety, provided notice shall have been given to the licensee to appear before the commissioner to show cause why the license should not be suspended or revoked, upon a finding by the commissioner that: (1) The licensee has violated any of the terms or provisions of sections 22 to 39, inclusive, of this act, or any of the regulations adopted pursuant to section 39 of this act; (2) the licensee has practiced fraud, deceit or misrepresentation; (3) the licensee has made a material misstatement in the application for issuance or renewal of the license; (4) the licensee has demonstrated incompetence or untrustworthiness in the conduct of the business; or (5) the licensee has been convicted of a felony or other crime affecting the licensee's honesty, integrity or moral fitness. Any party aggrieved by an order of the commissioner under this section may appeal therefrom in accordance with the provisions of section 4-183, of the general statutes except venue for such appeal shall be in the judicial district of New Britain.

Sec. 38. (NEW) (Effective October 1, 2004) The Commissioner of Public Safety shall annually prepare and publish a list of licensed security services and security officers and distribute copies of such list to the chiefs of police in Connecticut and to the clerks' offices of the superior court and to any licensee upon request.

Sec. 39. (NEW) (Effective October 1, 2004) (a) Any person who violates any provision of sections 22 to 39, inclusive, of this act, shall be fined not more than five thousand dollars or imprisoned not more than one year, or both. Any person who violates any provision of section 22 of this act shall not be eligible to apply for a license for two years after the date the penalty was imposed.

(b) The Commissioner of Public Safety shall adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to implement the provisions of sections 22 to 39, inclusive, of this act.

Sec. 40. Section 7-92 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

The chief executive officer of any municipality may appoint such number of special constables as he or she deems necessary to preserve the public peace within such municipality, who may serve for terms of not more than two years or during any public celebration or gathering or any riot or unusual excitement, and such special officers shall have the authority of constables of such town to serve criminal process and make arrests for commission of crime. The chief executive officer may appoint special constables: (1) With limited geographical jurisdiction; or (2) who are appointed at the request of corporations, associations or businesses and are subject to such limitations, restrictions and conditions as the chief executive officer of the municipality deems appropriate, and who shall: (A) Have jurisdiction only on land controlled by such corporation, association or business; (B) be deemed for all purposes to be agents and employees of such corporation, association or business; and (C) be paid for their services by such corporation, association or business.

Sec. 41. (Effective October 1, 2004) Section 29-156c of the general statutes is repealed.

This act shall take effect as follows:

Section 1

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Statement of Purpose:

To establish separate licensing, qualification and license revocation schemes for private investigative and private security personnel and define private investigative and private security jobs to reflect current industry and state police practice; set more stringent licensing criteria; require security officers employed by security businesses to be licensed every two years and set minimum training and other licensing standards for such officers; conform the law to practice and underlying laws by raising, from eighteen to twenty-one the age at which a security officer may get a Department of Public Safety permit to carry firearms on the job, and require armed security officers to complete a department approved refresher gun safety course annually; require that, as a prerequisite to licensing, applicants for a private detective, private detective agency, or security service license provide the Commissioner of Public Safety with a copy of a certificate of general liability insurance for at least $300,000, and require such licensees to notify said department within thirty days of any change in the status of the insurance or the currently required $10,000 performance bond; allow said commissioner to establish, by regulation, civil penalties of up to $5,000 for private detective and private detective agency licensee violations; apply current criminal penalties to a broader range of licensee violations; adjust license fees, eliminate some licenses, and change the license renewal frequency from one to two years; require said commissioner to adopt implementing regulations; and subject special constables appointed by municipal chief executive officers at the request of corporations, associations, or businesses to such limitations, restrictions, and conditions as the chief executive officer deems appropriate.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]