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SENATE FLOOR VERSION
March 25, 2021
ENGROSSED HOUSE
BILL NO. 1029 By: Kerbs of the House
and
Weaver of the Senate
An Act relating to professions and occupations;
amending 59 O.S. 2011, Section 1750.2, which relates
to the Oklahoma Security Guard and Private
Investigator Act; modif ying certain definition to
include active reserve certified peace officers; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2011, Section 1750.2, is
amended to read as follows:
Section 1750.2 As used in the Oklahoma Security Guard and
Private Investigator Act:
1. "Client" means any person or legal entity having a contract
with a person or entity licens ed pursuant to the Oklahoma Security
Guard and Private Investigator Act, which contract authorizes
services to be performed in return for financial or other
considerations;
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2. "Council" means the Council on Law Enforcement Education and
Training;
3. "License" means authorization issued by the Council pursuan t
to the Oklahoma Security Guard and Private Investigator Act
permitting the holder to perform the functions of a security guard,
armed security guard, private investigator, investigative agency, or
security agency;
4. "Private investigator " means a person who is self-employed,
or contracts with, or is employed by an investigative agency for the
purpose of conducting a private investigation and reporting the
results to the employer or client of the emp loyer relating to:
a. potential or pending litigation, civil, or criminal,
b. divorce or other domestic investigations,
c. missing persons or missing property, or
d. other lawful investigations, but shall not include:
(1) a person authorized or employed by the United
States Government, any state government, or any
agency, department, or political subdivision
thereof while engaged in the performance of
official duties,
(2) a person or employee of a firm, corporation or
other legal entity engaged exclusively in a
profession licensed by any board, commission,
department or court of this state, or
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(3) a bona fide, salaried, full -time employee of a
firm, corporation or other legal entity not in
the primary business of soliciting and providing
private investigatio ns, who conducts
investigations that are exclusive to a nd
incidental to the primary business of said firm,
corporation or entity, and when the costs of such
investigations are not charged directly back to
the particular client or customer who directly
benefits from the investigation;
5. "Armed private investi gator" means a private investigator
authorized to carry a firearm;
6. "Security agency" means a person, firm, corporation, or
other private legal entity in the business of security guard
services or armed security guards for hire;
7. "Security guard" means an individual contracting with or
employed by a security agency, private business or person to prevent
trespass, theft, misappropriation, wrongful concealment of
merchandise, goods, money or other t angible items, or engaged as a
bodyguard or as a privat e watchman to protect persons or property,
but shall not include:
a. for individuals operating unarmed, any person employed
as a private watchman or security guard by one
employer only in connection wi th the affairs of such
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employer where there exists an e mployer-employee
relationship,
b. a full-time or active reserve certified peace officer
of the United States, this state, or any political
subdivision of either ,:
(1) while such peace officer is engage d in the
performance of his or her official duties with in
the course and scope of his or her employment
with the United States, this state, or any
political subdivision of either,
(2) while such peace officer is engaged in the
performance of his or her dut ies as a railroad
police officer,
(3) who receives compensation for private employment
on an individual or an individual independent
contractual basis as a patrolman, guard, or
watchman if such person is employed in an
employer-employee relationship or is employed on
an individual contractual basis, or
(4) who receives compensation from an employer -
employee relationship or an individual
independent contractor basis with any licensed
security agency as defined in this section or any
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private business or perso n to perform security or
investigative services,
c. any person whose terms of employment as a security
guard are governed by a collective bargaining
agreement on May 9, 1989, and
d. any person who is employed as a full -time security
guard by a financial in stitution on May 9, 1989;
8. "Armed security guard " means a security guard authorized to
carry a firearm;
9. "Investigative agency " means a self-employed private
investigator, a firm, a corporation, or other private legal entity
in the business of solici ting the business of private investigation
and/or providing private investigations and investigators;
10. "Special event" means a public activity in the form of an
athletic contest, charity event, exposition or similar event that
occurs only on an annual or noncontinuing basis; and
11. "Special event license " means a temporary license issued
pursuant to the Oklahoma Security Guard and Private Investigator Act
which restricts the license holder to employment as a security guard
only for the duration of a p articular event.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS, COMMERCE AND TOURISM
March 25, 2021 - DO PASS