Tennessee § 62-35-102 - Chapter definitions.

§ 62-35-102. Chapter definitions.

As used in this chapter, unless the context otherwise requires: “Armed security guard/officer” means a security guard/officer who at any time wears, carries, possesses or has access to a firearm or any facsimile of any firearm that may leave the impression that the person is armed and who works in plainclothes or wears dress of a distinctive design or fashion or dress having any symbol, badge, emblem, insignia or device that identifies or tends to identify the wearer as a security guard/officer; “Branch manager” means the individual who is immediately responsible for the operation of a branch office; “Branch office” means any office of a contract security company within this state other than its principal place of business within this state; “Certified trainer” means any individual certified by the commissioner as qualified to administer and certify to successful completion of the minimum training requirements prescribed by this chapter for a security guard/officer; “Commissioner” means the commissioner of commerce and insurance or the commissioner's designee; “Contract security company” means any person engaging in the business of providing or undertaking to provide a security guard and patrol service on a contractual basis for another person; “Licensee” means any contract security company licensed in accordance with this chapter; “Person” means any individual, firm, association, company, partnership, corporation, nonprofit organization, institution or similar entity; “Principal corporate officer” means the chief executive officer, president, vice president, treasurer, secretary or comptroller, as well as any other responsible officer or executive employee who performs functions for the corporation corresponding to those performed by the chief executive officer, president, vice president, treasurer, secretary or comptroller; “Proprietary security organization” means any person or department of the organization that employs a security guard/officer solely for the person in an employer/employee relationship; “Qualifying agent” means a principal corporate officer meeting the qualifications set forth in this chapter for operating a contract security company; “Qualifying manager” means an individual designated by a proprietary security organization to be responsible for compliance with this chapter on behalf of the organization; “Registrant” means an individual who holds a valid registration card; “Registration card” means a pocket card issued by the commissioner evidencing that the holder has met the qualifications required by this chapter to perform the duties of a security guard/officer in this state; “Security guard/officer” means an individual employed by a contract security company or a proprietary security organization whose primary duty is to perform any function of a security guard and patrol service; “Security guard and patrol service” means protection of persons or property, or both, from criminal activities, including, but not limited to: Prevention or detection, or both, of intrusion, unauthorized entry, larceny, vandalism, abuse, fire or trespass on private property; Prevention, observation or detection of any unauthorized activity on private property; Enforcement of rules, regulations or local or state laws on private property; Control, regulation or direction of the flow or movements of the public, whether by vehicle or otherwise on private property; or Street patrol service; “Street patrol service” means the utilization of foot patrols, motor patrols or any other means of transportation in public areas or on public thoroughfares in order to serve multiple customers or facilities. “Street patrol service” does not apply to: A management supervisor moving from one (1) customer or facility to another to inspect personnel; or A security guard/officer traveling from one (1) facility to another to serve the same customer with multiple facilities; “Sworn peace officer” means any individual who derives plenary or special law enforcement powers, such as the power of arrest, from, and is an employee of, a federal, state, or local governmental agency or instrumentality; “Unarmed security guard/officer” means a security guard/officer who never wears, carries or has access to a firearm or any facsimile of a firearm that may leave the impression that the person is armed with a firearm, but who may carry other nonlethal devices as prescribed in this chapter with the proper certification and who works in plainclothes or wears dress of a distinctive design or fashion or dress having any symbol, badge, emblem, insignia, or device that identifies or tends to identify the wearer as a security guard/officer; and “Undercover agent” means an individual hired by another person, through a contract security company to perform a job in or for that person, and while performing the job, to act as an undercover employee, independent contractor or operative of the person, but under the supervision of the contract security company. Acts 1987, ch. 436, § 2; 1988, ch. 987, § 1; 1996, ch. 1009, §§ 5-7, 28; 1997, ch. 391, § 1; 2020, ch. 580, § 10. Amendments. The 2020 amendment substituted “security guard/officer” for “security officer/guard” throughout the definitions of “armed security officer/guard” and “unarmed security officer/guard”. Effective Dates. Acts 2020, ch. 580, § 19. July 1, 2020. Attorney General Opinions. Retail employees not within definition of “security guard/officer,” OAG 97-120, 1997 Tenn. AG LEXIS 153 (9/02/97). A city police department may restrict or prohibit a law enforcement officer from working secondary employment for a “contract security company” during off-duty time, OAG 01-075, 2001 Tenn. AG LEXIS 66 (5/8/01). A city police department may refuse to enter into a contract for a fee with a “contract security company” to provide “on duty” law enforcement officers for the primary use and benefit of the “contract security company;” however, the police department and its officers might incur liability if the police department discriminated between a “contract security company” and a “proprietary security company” by allowing officers to work for a “proprietary security company” but not a “contract security company,” OAG 01-075, 2001 Tenn. AG LEXIS 66 (5/8/01). A company or other “person” that provides funeral escort services is not required to be licensed as a contract security company, and registration of either such company's personnel or any other “person,” as either armed or unarmed security guard, is also not required, OAG 02-123, 2002 Tenn. AG LEXIS 128 (11/15/02). Security officers have the same power of arrest as that afforded to private citizens, OAG 03-018, 2003 Tenn. AG LEXIS 23 (2/19/03). Negligent actions or omissions by private security guards and other private citizens would not trigger liability under the Governmental Tort Liability Act, OAG 03-088, 2003 Tenn. AG LEXIS 107 (7/15/03). Tennessee Code Annotated Title 62, Chapter 35 security officers do not have the authority to enforce motor vehicle restrictions under T.C.A. title 55, chapter 8, OAG 03-088, 2003 Tenn. AG LEXIS 107 (7/15/03). If a security officer has a reasonable belief that unauthorized activity is taking place on the property, the officer may stop the person, OAG 03-149, 2003 Tenn. AG LEXIS 166 (11/17/03). A security guard is authorized to stop a vehicle for trespassing, or any other violation of law, OAG 03-149, 2003 Tenn. AG LEXIS 166 (11/17/03). A security officer has the right to stop a person for questioning on property he/she is hired to protect, but only within the scope of the suspect's consent unless the officer has placed the suspect under arrest, OAG 04-006, 2004 Tenn. AG LEXIS 4 (1/12/04). A security officer has the right to stop a person in a vehicle for trespassing or any other law violation that occurs in his/her view on property the officer was hired to protect, but the officer may not detain the suspect without consent; he or she must either arrest the suspect on supportable probable cause or expel the suspect from the property, OAG 04-006, 2004 Tenn. AG LEXIS 4 (1/12/04). A security officer lacks the authority to detain a suspect without consent unless the officer has arrested the suspect on supportable probable cause, OAG 04-006, 2004 Tenn. AG LEXIS 4 (1/12/04). A private college that employs unarmed security guards comes within the definition of a proprietary security organization, OAG 06-146, 2006 Tenn. AG LEXIS 166 (9/26/06). License for Church Congregations Using Volunteer Members for Security Purposes, OAG 15-64, 2015 Tenn. AG LEXIS 64 (8/21/15). The registration requirements of the Private Protective Services Licensing and Regulatory Act do not apply to companies that use or provide certified law enforcement officers to others exclusively for traffic control purposes within temporary work zones. Since the Act “does not apply to” companies that employ law enforcement officers exclusively to direct traffic in temporary work zones, the Commissioner of Commerce and Insurance has no authority to regulate or inspect or investigate them. A law enforcement agency is not a “person” as defined by the Act. OAG 17-28, 2017 Tenn. AG LEXIS 27 (4/11/2017).