Oklahoma 2022 Regular Session

Oklahoma House Bill HB1029 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	An Act
2		-	ENROLLED HOUSE
	1	+
	2	+
	3	+	SENATE FLOOR VERSION - HB1029 SFLR Page 1
	4	+	(Bold face denotes Committee Amendments) 1
	5	+	2
	6	+	3
	7	+	4
	8	+	5
	9	+	6
	10	+	7
	11	+	8
	12	+	9
	13	+	10
	14	+	11
	15	+	12
	16	+	13
	17	+	14
	18	+	15
	19	+	16
	20	+	17
	21	+	18
	22	+	19
	23	+	20
	24	+	21
	25	+	22
	26	+	23
	27	+	24
	28	+
	29	+	SENATE FLOOR VERSION
	30	+	March 25, 2021
	31	+
	32	+
	33	+	ENGROSSED HOUSE
3	34		BILL NO. 1029 By: Kerbs of the House
4	35
5	36		and
6	37
7	38		Weaver of the Senate
8	39
9	40
10	41
11	42
12	43
13	44
14	45		An Act relating to professions and occupations;
15	46		amending 59 O.S. 2011, Section 1750.2, which relates
16	47		to the Oklahoma Security Guard and Private
17	48		Investigator Act; modif ying certain definition to
18	49		include active reserve certified peace officers; and
19	50		providing an effective date.
20	51
21	52
22	53
23	54
24		-	SUBJECT: Professions and occupations
25		-
26	55		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
27		-
28	56		SECTION 1. AMENDATORY 59 O.S. 2011, Section 1750.2, is
29	57		amended to read as follows:
30		-
31	58		Section 1750.2 As used in the Oklahoma Security Guard and
32	59		Private Investigator Act:
33		-
34	60		1. "Client" means any person or legal entity having a contract
35	61		with a person or entity licens ed pursuant to the Oklahoma Security
36	62		Guard and Private Investigator Act, which contract authorizes
37	63		services to be performed in return for financial or other
38	64		considerations;
39	65
	66	+	SENATE FLOOR VERSION - HB1029 SFLR Page 2
	67	+	(Bold face denotes Committee Amendments) 1
	68	+	2
	69	+	3
	70	+	4
	71	+	5
	72	+	6
	73	+	7
	74	+	8
	75	+	9
	76	+	10
	77	+	11
	78	+	12
	79	+	13
	80	+	14
	81	+	15
	82	+	16
	83	+	17
	84	+	18
	85	+	19
	86	+	20
	87	+	21
	88	+	22
	89	+	23
	90	+	24
	91	+
40	92		2. "Council" means the Council on Law Enforcement Education and
41	93		Training;
42		-
43	94		3. "License" means authorization issued by the Council pursuan t
44	95		to the Oklahoma Security Guard and Private Investigator Act
45		-	permitting the holder to perform the functions of a security guard, ~~ENR. H. B. NO. 1029 Page 2~~
	96	+	permitting the holder to perform the functions of a security guard,
46	97		armed security guard, private investigator, investigative agency, or
47	98		security agency;
48		-
49	99		4. "Private investigator " means a person who is self-employed,
50	100		or contracts with, or is employed by an investigative agency for the
51	101		purpose of conducting a private investigation and reporting the
52	102		results to the employer or client of the emp loyer relating to:
53		-
54	103		a. potential or pending litigation, civil, or criminal,
55		-
56	104		b. divorce or other domestic investigations,
57		-
58	105		c. missing persons or missing property, or
59		-
60	106		d. other lawful investigations, but shall not include:
61		-
62	107		(1) a person authorized or employed by the United
63	108		States Government, any state government, or any
64	109		agency, department, or political subdivision
65	110		thereof while engaged in the performance of
66	111		official duties,
67		-
68	112		(2) a person or employee of a firm, corporation or
69	113		other legal entity engaged exclusively in a
70	114		profession licensed by any board, commission,
71	115		department or court of this state, or
	116	+
	117	+	SENATE FLOOR VERSION - HB1029 SFLR Page 3
	118	+	(Bold face denotes Committee Amendments) 1
	119	+	2
	120	+	3
	121	+	4
	122	+	5
	123	+	6
	124	+	7
	125	+	8
	126	+	9
	127	+	10
	128	+	11
	129	+	12
	130	+	13
	131	+	14
	132	+	15
	133	+	16
	134	+	17
	135	+	18
	136	+	19
	137	+	20
	138	+	21
	139	+	22
	140	+	23
	141	+	24
72	142
73	143		(3) a bona fide, salaried, full -time employee of a
74	144		firm, corporation or other legal entity not in
75	145		the primary business of soliciting and providing
76	146		private investigatio ns, who conducts
77	147		investigations that are exclusive to a nd
78	148		incidental to the primary business of said firm,
79	149		corporation or entity, and when the costs of such
80	150		investigations are not charged directly back to
81	151		the particular client or customer who directly
82	152		benefits from the investigation;
83		-
84	153		5. "Armed private investi gator" means a private investigator
85	154		authorized to carry a firearm;
86		-
87	155		6. "Security agency" means a person, firm, corporation, or
88	156		other private legal entity in the business of security guard
89	157		services or armed security guards for hire;
90		-	ENR. H. B. NO. 1029 Page 3
91	158		7. "Security guard" means an individual contracting with or
92	159		employed by a security agency, private business or person to prevent
93	160		trespass, theft, misappropriation, wrongful concealment of
94	161		merchandise, goods, money or other t angible items, or engaged as a
95	162		bodyguard or as a privat e watchman to protect persons or property,
96	163		but shall not include:
97		-
98	164		a. for individuals operating unarmed, any person employed
99	165		as a private watchman or security guard by one
100	166		employer only in connection wi th the affairs of such
	167	+
	168	+	SENATE FLOOR VERSION - HB1029 SFLR Page 4
	169	+	(Bold face denotes Committee Amendments) 1
	170	+	2
	171	+	3
	172	+	4
	173	+	5
	174	+	6
	175	+	7
	176	+	8
	177	+	9
	178	+	10
	179	+	11
	180	+	12
	181	+	13
	182	+	14
	183	+	15
	184	+	16
	185	+	17
	186	+	18
	187	+	19
	188	+	20
	189	+	21
	190	+	22
	191	+	23
	192	+	24
	193	+
101	194		employer where there exists an e mployer-employee
102	195		relationship,
103		-
104	196		b. a full-time or active reserve certified peace officer
105	197		of the United States, this state, or any political
106	198		subdivision of either ,:
107		-
108	199		(1) while such peace officer is engage d in the
109	200		performance of his or her official duties with in
110	201		the course and scope of his or her employment
111	202		with the United States, this state, or any
112	203		political subdivision of either,
113		-
114	204		(2) while such peace officer is engaged in the
115	205		performance of his or her dut ies as a railroad
116	206		police officer,
117		-
118	207		(3) who receives compensation for private employment
119	208		on an individual or an individual independent
120	209		contractual basis as a patrolman, guard, or
121	210		watchman if such person is employed in an
122	211		employer-employee relationship or is employed on
123	212		an individual contractual basis, or
124		-
125	213		(4) who receives compensation from an employer -
126	214		employee relationship or an individual
127	215		independent contractor basis with any licensed
128	216		security agency as defined in this section or any
	217	+
	218	+	SENATE FLOOR VERSION - HB1029 SFLR Page 5
	219	+	(Bold face denotes Committee Amendments) 1
	220	+	2
	221	+	3
	222	+	4
	223	+	5
	224	+	6
	225	+	7
	226	+	8
	227	+	9
	228	+	10
	229	+	11
	230	+	12
	231	+	13
	232	+	14
	233	+	15
	234	+	16
	235	+	17
	236	+	18
	237	+	19
	238	+	20
	239	+	21
	240	+	22
	241	+	23
	242	+	24
	243	+
129	244		private business or perso n to perform security or
130	245		investigative services,
131		-
132	246		c. any person whose terms of employment as a security
133	247		guard are governed by a collective bargaining
134	248		agreement on May 9, 1989, and
135		-	ENR. H. B. NO. 1029 Page 4
136	249		d. any person who is employed as a full -time security
137	250		guard by a financial in stitution on May 9, 1989;
138		-
139	251		8. "Armed security guard " means a security guard authorized to
140	252		carry a firearm;
141		-
142	253		9. "Investigative agency " means a self-employed private
143	254		investigator, a firm, a corporation, or other private legal entity
144	255		in the business of solici ting the business of private investigation
145	256		and/or providing private investigations and investigators;
146		-
147	257		10. "Special event" means a public activity in the form of an
148	258		athletic contest, charity event, exposition or similar event that
149	259		occurs only on an annual or noncontinuing basis; and
150		-
151	260		11. "Special event license " means a temporary license issued
152	261		pursuant to the Oklahoma Security Guard and Private Investigator Act
153	262		which restricts the license holder to employment as a security guard
154	263		only for the duration of a p articular event.
155		-
156	264		SECTION 2. This act shall become effective November 1, 2021.
157		-	ENR. H. B. NO. 1029 Page 5
158		-	Passed the House of Representatives the 1st day of March, 2021.
159		-
160		-
161		-
162		-
163		-	Presiding Officer of the House
164		-	of Representatives
165		-
166		-
167		-	Passed the Senate the 12th day of April, 2021.
168		-
169		-
170		-
171		-
172		-	Presiding Officer of the Senate
173		-
174		-
175		-
176		-	OFFICE OF THE GOVERNOR
177		-	Received by the Office of the Governor this ____________________
178		-	day of ___________________, 20_______, at _______ o'clock _______ M.
179		-	By: ________________________________ _
180		-	Approved by the Governor of the State of Oklahoma this _________
181		-	day of ___________________, 20_______, at _______ o'clock _______ M.
182		-
183		-
184		-	_________________________________
185		-	Governor of the State of Oklahoma
186		-
187		-	OFFICE OF THE SECRETARY OF STATE
188		-	Received by the Office of the Secretary of State this __________
189		-	day of ___________________, 20_______, at _______ o'clock _______ M.
190		-	By: _________________________________
191		-
	265	+	COMMITTEE REPORT BY: COMMITTEE ON BUSINESS, COMMERCE AND TOURISM
	266	+	March 25, 2021 - DO PASS