§ 29-161q — Qualifications of security officers. License. Instructor approval. Registration. Identification card. Prohibition. Applicant performance of security officer duties. Penalty.

Connecticut § 29-161q

• Jurisdiction: Connecticut
• Title 29: Public Safety and State Police
• Ch. 534: Private Detectives and Security Services

Text

(a) Any security service or business may employ as many security officers as such security service or business deems necessary for the conduct of the business, provided such security officers are of good moral character and at least eighteen years of age. (b) No person hired or otherwise engaged to perform work as a security officer, as defined in section 29-152u , shall perform the duties of a security officer prior to being licensed as a security officer by the Commissioner of Emergency Services and Public Protection, except as provided in subsection (h) of this section. Each applicant for a license 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 commissioner shall waive such training for any person who, while serving in the armed forces or the National Guard, or if such person is a veteran, within two years of such person's discharge from the armed forces, presents proof that such person has completed military training that is equivalent to the training required by this subsection, and, if applicable, such person's military discharge document or a certified copy thereof. For the purposes of this subsection, “veteran” and “armed forces” have the same meanings as provided in section 27-103 , and “military discharge document” has the same meaning as provided in section 1-219 . The training shall be approved by the commissioner in accordance with regulations adopted pursuant to section 29-161x . The commissioner may not grant a license to any person who has been decertified as a police officer or otherwise had his or her certification canceled, revoked or refused renewal pursuant to subsection (c) of section 7-294d or under the laws of any other jurisdiction. (1) On and after October 1, 2008, no person or employee of an association, corporation or partnership shall conduct such training without the approval of the commissioner except as provided in subdivision (2) of this subsection. Application for such approval shall be submitted on forms prescribed by the commissioner and accompanied by a fee of forty dollars. Such application shall be made under oath and shall contain the applicant's name, address, date and place of birth, employment for the previous five years, education or training in the subjects required to be taught under this subsection, any convictions for violations of the law and such other information as the commissioner may require by regulation adopted pursuant to section 29-161x to properly investigate the character, competency and integrity of the applicant. No person shall be approved as an instructor for such training who has been convicted of a felony, a sexual offense or a crime of moral turpitude or who has been denied approval as a security service licensee, a security officer or instructor in the security industry by any licensing authority, or whose approval has been revoked or suspended. The term for such approval shall not exceed two years. Not later than two business days after a change of address, any person approved as an instructor in accordance with this section shall notify the commissioner of such change and such notification shall include both the old and new addresses. (2) If a security officer training course described in this subsection is approved by the commissioner on or before September 30, 2008, the instructor of such course shall have until April 1, 2009, to apply for approval as an instructor in accordance with subdivision (1) of this subsection. (3) Each person approved as an instructor in accordance with this section may apply for the renewal of such approval on a form approved by the commissioner, accompanied by a fee of forty dollars. Such form may require the disclosure of any information necessary for the commissioner to determine whether the instructor's suitability to serve as an instructor has changed since the issuance of the prior approval. The term of such renewed approval shall not exceed two years. (c) Not later than two years after successful completion of the training required pursuant to subsection (b) of this section, or the waiver of such training, the applicant may submit an application for a license as a security officer on forms furnished by the commissioner and, under oath, shall give the applicant's name, address, date and place of birth, employment for the previous five years, experience in the position applied for, including military training and weapons qualifications, 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 applicant. The commissioner shall require any applicant for a license, or for renewal of a license, under this section to submit to state and national criminal history records checks conducted in accordance with section 29-17a , provided an applicant for renewal of a license shall not be charged any fee pursuant to subsection (c) of section 29-11 for such records checks. Each applicant shall submit with the application (1) two sets of his or her fingerprints on forms specified and furnished by the commissioner, provided an applicant for renewal of a license need not submit such sets of fingerprints, (2) two full-face photographs, two inches wide by two inches high, taken not earlier than six months prior to the date of application, and (3) a one-hundred-dollar licensing fee or licensing renewal fee, made payable to the state. Any applicant who received a waiver as provided in subsection (b) of this section shall be exempt from payment of such licensing fee. Subject to the provisions of section 46a-80 , no person shall be approved for a license who has been convicted of a felony, any sexual offense or any crime involving moral turpitude, or who has been refused a license under the provisions of sections 29-161g to 29-161x , inclusive, 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 applicant as a security officer. Such license shall be renewed every five years. The commissioner shall send a notice of the expiration date of such license to the holder of such license, by first class mail or electronic mail, not less than ninety days before such expiration, and shall include with such notice an application for renewal. The holder of such license may elect to receive such notice by first class mail or electronic mail. The security officer license shall be valid for a period of ninety days after its expiration date unless the license has been revoked or is under suspension pursuant to section 29-161v . An application for renewal filed with the commissioner after the expiration date shall be accompanied by a late fee of twenty-five dollars. The commissioner shall not renew any license that has been expired for more than ninety days. (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 employing such security officer shall apply to register such security officer with the commissioner on forms provided by the commissioner. Such application shall be accompanied by payment of a forty-dollar application fee payable to the state. The Division of State Police within the Department of Emergency Services and Public Protection shall keep on file the completed registration form and all related material. An identification card with the name, date of birth, address, full-face photograph, physical descriptors and signature of the applicant shall be issued to the security officer, and shall be carried by the security officer at all times while performing the duties associated with the security officer's employment. Registered security officers, in the course of performing their duties, shall present such card for inspection upon the request of a law enforcement officer. (e) The security service shall notify the commissioner not later than five days after the termination of employment of any registered employee. (f) Any fee or portion of a fee paid pursuant to this section shall not be refundable. (g) No person, firm or corporation shall employ or otherwise engage any person as a security officer, as defined in section 29-152u , unless such person (1) is a licensed security officer, or (2) meets the requirements of subsection (h) of this section. (h) During the time that an application for a license as a security officer is pending with the commissioner, the applicant may perform the duties of security officer, provided (1) the security service employing the applicant conducts, or has a consumer reporting agency regulated under the federal Fair Credit Reporting Act conduct, a state and national criminal history records check and determines the applicant meets the requirements of subsection (c) of this section to be a security officer, (2) the applicant successfully completed the training required pursuant to subsection (b) of this section, or obtained a waiver of such training, and (3) the applicant has not been decertified as a police officer or otherwise had his or her certification canceled, revoked or refused renewal pursuant to subsection (c) of section 7-294d or under the laws of any other jurisdiction. The applicant shall not perform such duties at a public or private preschool, elementary or secondary school or at a facility licensed and used exclusively as a child care center, as described in subdivision (1) of subsection (a) of section 19a-77 . The applicant shall cease to perform such duties pursuant to this subsection when the commissioner grants or denies the pending application for a security license under this section. (i) Any person, firm or corporation that violates any provision of subsection (b), (d), (e), (g) or (h) of this section shall be fined seventy-five dollars for each offense. Each distinct violation of this section shall be a separate offense and, in the case of a continuing violation, each day thereof shall be deemed a separate offense.

Legislative History

(P.A. 04-192, S. 32; P.A. 08-73, S. 8; June Sp. Sess. P.A. 09-3, S. 319; P.A. 11-51, S. 134; P.A. 13-80, S. 1; P.A. 14-131, S. 10; P.A. 17-11, S. 1; P.A. 18-20, S. 1; July Sp. Sess. P.A. 20-1, S. 32; P.A. 21-33, S. 5; 21-79, S. 35; P.A. 22-130, S. 2; P.A. 23-73, S. 4; 23-105, S. 1.) History: P.A. 08-73 amended Subsec. (a) to add “or business” and make technical changes, amended Subsec. (b) to add reference to being engaged to perform work, replace reference to registered security officers with licensed security officers, make conforming changes and add Subdivs. (1), (2) and (3) re commissioner's approval for persons conducting training for security officers, amended Subsec. (c) to replace $20 licensing fee every 2 years with $50 licensing fee every 5 years and to make technical changes, amended Subsec. (d) to make technical changes and add provision re employment identification card for security officer, made technical changes in Subsec. (e), and added Subsec. (f) re fees being nonrefundable, Subsec. (g) re prohibition against employing a nonlicensed security officer and Subsec. (h) re penalty; June Sp. Sess. P.A. 09-3 amended Subsecs. (b) to (d) to increase fees; pursuant to P.A. 11-51, “Commissioner of Public Safety” and “Department of Public Safety” were changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection” and “Department of Emergency Services and Public Protection”, respectively, effective July 1, 2011; P.A. 13-80 amended Subsec. (c) to establish deadline for submission of application of “Not later than two years after” successful completion of “required” training; P.A. 14-131 amended Subsec. (b) to add provisions re waiver of training for certain members of the armed forces or the National Guard or veterans and defining “veteran”, “armed forces” and “military discharge document”, and amended Subsec. (c) to make conforming changes, add reference to weapons qualifications and add provision exempting certain applicants from payment of the licensing fee; P.A. 17-11 amended Subsec. (c) by adding provisions re sending notice of expiration date of license, license valid for 90 days after the expiration date and late fee of $25 for application for renewal of expired license and commissioner not to renew license expired for more than 90 days, and making technical changes; P.A. 18-20 amended Subsec. (b) by adding reference to Subsec. (h) and deleting Subparas. (A) and (B) designators, amended Subsec. (g) by designating existing provision re licensed security officer as Subdiv. (1) and adding Subdiv. (2) re meeting requirements of Subsec. (h), added new Subsec. (h) re applicant performing duties of security officer, redesignated existing Subsec. (h) as Subsec. (i) and amended same by adding reference to Subsec. (h), and made technical changes, effective July 1, 2018; July Sp. Sess. P.A. 20-1 amended Subsec. (b) by adding licensure prohibition for any person decertified as a police officer or had certification canceled, revoked or refused renewal, and amended Subsec. (h) by adding Subdiv. (3) re applicant who has not been decertified as a police officer or not had certification canceled, revoked or refused renewal; P.A. 21-33 added “or under the laws of any other jurisdiction” in Subsecs. (b) and (h)(3); P.A. 21-79 amended Subsec. (b) by redefining “veteran” and making technical changes; P.A. 22-130 amended Subsec. (h)(2) by deleting Subpara. (A) designator and deleting Subpara. (B) re on-site supervision, effective May 27, 2022; P.A. 23-73 amended Subsec. (c) to allow license holder to elect to receive expiration notice by first class mail or electronic mail, and allow commissioner to provide such notice by electronic mail and include, instead of enclose, a renewal form, effective July 1, 2023; P.A. 23-105 amended Subsec. (c) re records check, fees and fingerprints for license renewal and added subdivision designators, effective July 1, 2023.