07/07/2022
ATTN ALL SECURITY OFFICERS:
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: HB2283/SB2514, “Dallas’s Law”
Public Chapter: PC1121,https://publications.tnsosfiles.com/acts/112/pub/pc1121.pdf
Synopsis: First, Dallas’s Law removed the exemption for general unarmed guard training for unarmed security guards employed by proprietary security organizations pursuant to T.C.A. § 62-35-103(b). Effective January 1, 2023, all unarmed security guards, unless they are otherwise exempt, will need to complete the unarmed general four-hour training required pursuant to T.C.A. § 62-35-118. If you operate a proprietary security organization and have questions about whether your guards need to complete any training as a result of Dallas’s Law, please contact the Program.
Second, Dallas’s Law added additional training requirements for certain security guards. Dallas’s Law added two additional provisions to T.C.A. § 62-35-118 that requires additional training for both armed and unarmed security guards who are either employed by a proprietary security organization that holds a license or permit for on-premises consumption from the Tennessee Alcoholic Beverage Commission or a local beer board or are employed by a contract security company for the purposes of performing security guard and patrol services at a commercial establishment that holds a license or permit for on-premises consumption from the Tennessee Alcoholic Beverage Commission or a local beer board. These additional trainings are to include a training in de-escalation techniques and proper and safe restraint techniques; and a first aid and cardiopulmonary resuscitation (CPR) training course. These additional trainings need to be completed by the guards within fifteen days of employment with the respective contract security company or proprietary security company. Failure to ensure your guards have this additional training may result in discipline by the Program, a local beer board, or the Alcoholic Beverage Commission, as mentioned below.
The Program’s training forms will be updated to allow trainers to show where guards have completed these additional courses. Dallas’s Law does not outline specific requirements related to the length of these new training courses or who will provide these courses, however, the Act gives the Commissioner discretion to approve or deny certification to teach training courses. The Program intends to promulgate rules to outline the minimum requirements for these training courses, but in the meantime, trainers will be able to submit requests to the Program to be certified to teach these additional courses and may submit training materials to be approved by the Commissioner to ensure guards in their courses are receiving approved trainings. Additionally, security guards may submit proof of having completed relevant first aid or CPR training through organizations such as the American Red Cross with their applications for consideration. Although guards would not be required to be first aid or CPR certified, having this certification would meet the requirement for completing relevant training courses in this subsection.
Third, Dallas’s Law will require additional refresher trainings for security guards. Dallas’s Law requires all unarmed security guards to complete two hours of refresher training as a prerequisite of registration renewal. This two-hour refresher training must be related to the topics covered in the four-hour general training required by T.C.A. § 62-35-118(a)(2)(A). Additionally, armed and unarmed guards who are required to complete the initial de-escalation training course and the first aid and CPR training course will be required to complete refresher training courses related to these topics. As stated above, if you have any questions about whether the training that you intend to offer or have completed comports with these requirements, please do not hesitate to contact the Program.
All security guards who apply for new registration cards or renew their registrations after January 1, 2023, will need to have this additional training or refresher training as part of their applications. As a reminder, trainings need to be dated within a year of the date of the application, so these guards can complete these applicable trainings prior to Dallas’s Law taking effect.
Fourth, Dallas’s Law prohibits unarmed guards working for any proprietary security organization from carrying any type of weapon, including less than lethal devices. If your proprietary security organization chooses to have guards carrying weapons, whether they will carry fi****ms or less than lethal devices, then these guards will need to obtain armed guard registrations and complete the appropriate trainings for these registration cards.
Fifth, proprietary security organizations that hold permits or licenses for on-premises alcohol consumption will need to submit a biennial fee of $100.00 to the Program to maintain their active registration and their qualifying manager will need to submit a set of fingerprints to the Program.
Sixth, Dallas’s Law gives further disciplinary authority to local beer boards and the Tennessee Alcoholic Beverage Commission regarding violations of having unregistered or improperly registered security guards. Dallas’s Law states that the Tennessee Alcoholic Beverage Commission or a local beer board shall suspend the license or permit for on-premises consumption of alcoholic beverages for any establishment for thirty days if the establishment has employed or contracted for security guards and the guards are not properly registered.
Effective Date: January 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.
