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RE: Tennessee Detection Services Licensing Program
Private Protective Services
2023 Legislative Session Updates
Pursuant to Tenn. Code Ann. § 4-3-1306(d), you are receiving this notice because you have elected to receive notification by e-mail of certain changes or potential changes to the law applicable to your profession. As such, the Department would notify you of the following Public Chapter that was passed during this legislative session and the effective date for this law:
Bill Number: HB0379/SB0233
Public Chapter: PC0357, https://publications.tnsosfiles.com/acts/113/pub/pc0357.pdf
Synopsis: This law makes several changes related to the requirements from Dallas’s Law.
First, this law removes the prohibition created by Dallas’s Law on an unarmed guard working for a proprietary security organization (“PSO”) being able to carry a less than lethal weapon. Therefore, effective July 1, 2023, unarmed guards working for PSO’s will be allowed to carry less than lethal weapons if they are appropriately trained and certified to carry the weapon.
Second, this law clarifies when the Tennessee Alcoholic Beverage Commission and beer boards are to suspend a liquor or beer permit related to violations of the PPS requirements. This law limits the requirement for TABC and beer boards to suspend liquor and beer permits to when the violation occurs and the unregistered guard is employed by a PSO. Dallas’s Law did not specify whether TABC and beer boards were to consider whether the unregistered guard was employed by a PSO or a contract security company (“CSC”). Based on this new law, if the unregistered guard was employed by a CSC at a location where alcohol is served for on-premises consumption, then TABC and beer boards were not required to suspend the liquor license or beer permit under the PPS laws, although they could consider any disciplinary actions against their licensees under their relevant statutes and rules.
Third, this law creates a new exemption for licensing requirements for individuals working for a restaurant or hospitality services if their primary responsibilities do not involve the provision of security guard or patrol services. This exemption does not actually create any new exemptions as individuals who were not primarily providing security services were not required to be registered as security guards, however, due to concerns raised by individuals who were not acting as security guards, this language in this law should provide clarity to those individuals who were not acting as guards.
Effective Date: July 1, 2023
Bill Number: HB0322/SB0274
Public Chapter: PC0367, https://publications.tnsosfiles.com/acts/113/pub/pc0367.pdf
Synopsis: This law makes several changes related to school safety, including new requirements for the structure and building of schools and for security guards working in certain schools. As this notice is provided for individuals seeking notice of changes related to the regulation of security guards, this synopsis is limited to the provisions of this law related to the regulation of security guards by the Detection Services Licensing Program.
First, this law requires armed security guards working in a church-related school, a private school, a public charter school, or a public school to complete the general guard training, armed guard training, and an 8-hour active shooter training prior to working at such school. An unarmed guard working in one of these schools must complete the general guard training prior to working in one of these schools. The definitions for included church-related schools, private schools, public charter schools, and public schools is added to TCA 62-35-102 by this law.
Second, this law requires all armed guards working in these schools to complete an active shooter refresher training before renewing the guard’s registration.
The Detection Services Licensing Program has begun approving certified trainers and third-party providers to provide the required active shooter training. Information on approved providers can be found online at https://www.tn.gov/commerce/regboards/pps/licensee-applicant-resources/certified-training.html. If you would like to request approval for an active shooter training to be added to the Program’s website, please contact the Program with information about the proposed training.
Effective Date: July 1, 2023
If you have any questions, you may contact the Tennessee Department of Commerce and Insurance by phone at 615-741-4827 or by e-mail at private.protective@tn.gov.
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