Tennessee § 62-35-103 - Exemptions from chapter provisions.

§ 62-35-103. Exemptions from chapter provisions.

This chapter does not apply to: A government officer or employee performing official duties; A consumer reporting agency, as defined by the Federal Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.); An attorney at law or the attorney's agent performing duties relating to the attorney's practice of law; An insurance company, agent, broker or adjuster performing investigative duties in connection with insurance business transacted; A holder of a purchase money security interest or the holder's agent repossessing the personal property in which the interest is held; A private business employee conducting investigations relating to the internal affairs of the business; A full-time sworn peace officer receiving compensation for services as a guard, patrol or watchperson under a contract with a private business that is properly licensed by the state; An unarmed employee, whether uniformed or nonuniformed, in the course and scope of employment of a hospital who exceeds all training requirements established in § 62-35-118 by having received no less than twelve (12) classroom hours of training. The course curriculum for the training shall be on file with the commissioner; Private entities contracting with governmental entities for the care, supervision or transportation of inmates. This exemption shall in no way authorize government contracts for the care, supervision or transportation of inmates; A private special deputy appointed pursuant to § 38-8-118; A special deputy appointed pursuant to § 8-8-212 or a special police officer appointed by the chief of police in a county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census; A retired peace officer receiving compensation for services as a guard, patrol or watchperson under a contract with a private business that is properly licensed by the state; provided, that the retired peace officer: Completes the firearms and marksmanship training required by § 62-35-118(b); and Has a written directive issued by the executive supervisor of the organization to which the person was attached or employed authorizing the person to carry a handgun; One (1) designated employee per business location of a private company, firm, partnership or corporation that is not a contract security company or proprietary security organization whose duties include those of an unarmed security guard/officer during nonbusiness hours; Pursuant to this subdivision (a)(13), no person, while performing any function of a security guard and patrol service during nonbusiness hours, shall: Wear or display any badge, insignia, shield, patch or pattern that: Indicates or tends to indicate that the person is a sworn peace officer; Contains or includes the word “police” or the equivalent of that word; or Is similar in wording to any law enforcement agency in this state; or Have or utilize any vehicle or equipment that: Displays the words “police,” “law enforcement officer,” or the equivalent of those words; or Has any sign, shield, accessory or insignia that may indicate that the vehicle or equipment belongs to a public law enforcement agency; A special police officer appointed by a chief of police or by the sheriff in any county having a population of no less than one hundred fifty-three thousand (153,000) nor more than one hundred fifty-three thousand one hundred (153,100), according to the 2000 federal census or any subsequent census. A special police officer appointed pursuant to this subdivision (a)(14) shall have qualifications that are equivalent or superior to those required for a law enforcement officer under the standards established by the peace officer standards and training commission for law enforcement officers; or A company using or providing certified law enforcement officers to others exclusively for traffic control purposes within temporary work zones located in the public right-of-way and established in accordance with the manual on uniform traffic control devices (MUTCD); provided, however, that any department providing the law enforcement officers may require the company to have on staff a traffic control supervisor or a traffic engineer in order to insure compliance with the MUTCD and may also require the company to demonstrate proof of liability insurance; or Commissioned, uniformed police officers, state troopers and/or sheriff deputies, upon departmental approval, are authorized, regardless of primary jurisdiction, to direct traffic in departmental approved uniforms or utilizing other governmental equipment, as may be required, in temporary work zones or for incident management purposes, to meet the needs of and control all road users, whether motorists, bicyclists, or pedestrians, within the highway, including persons with disabilities in accordance with the Americans with Disabilities Act of 1990 (ADA), Title II, Paragraph 35.130, upon any public roadway located within the state. Section 62-35-118(a), only, shall not apply to a person employed as an unarmed security guard/officer by a proprietary security organization. For the purposes of this subsection (b), an unarmed security guard/officer shall not carry a weapon of any kind. It is the desire of the general assembly that unarmed proprietary security guards/officers whose primary duties involve contact with the public should have training in the areas of legal powers and limitations and of emergency procedures as deemed necessary by their employers. The commissioner may provide the employers information concerning these areas. Acts 1987, ch. 436, § 3; 1988, ch. 987, § 2; 1989, ch. 142, § 1; 1990, ch. 816, §§ 1, 2; 1996, ch. 1009, §§ 8, 9; 1997, ch. 118, § 1; 1997, ch. 137, § 1; 1997, ch. 274, § 1; 1998, ch. 865, § 1; 2001, ch. 452, § 2; 2002, ch. 590, § 1; 2004, ch. 661, § 2; 2006, ch. 862, § 4; 2006, ch. 1013, § 5. Compiler's Notes. Acts 1997, ch. 137, § 2 provided that (a)(10), added by that act, is retroactive to October 31, 1996. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement. The Americans with Disabilities Act, referred to in this section, is codified as 42 U.S.C. § 12101 et seq. Attorney General Opinions. A security officer is authorized to detect trespassers, OAG 03-148, 2003 Tenn. AG LEXIS 165 (11/17/03). Security guards are authorized to enforce state and local laws on private property, OAG 03-148, 2003 Tenn. AG LEXIS 165 (11/17/03). A security guard may enter a room to prevent and detect the use of illegal drugs, OAG 03-148, 2003 Tenn. AG LEXIS 165 (11/17/03). A security officer may be considered an agent of the person in control of the property, OAG 03-148, 2003 Tenn. AG LEXIS 165 (11/17/03). Part-time officers as licensed security guards. OAG 12-77, 2012 Tenn. AG LEXIS 73 (7/25/12). Authority of full-time law enforcement officers and reserve officers, both on or off duty, and funeral escort services as to use of flashing blue lights and sirens. OAG 13-52, 2013 Tenn. AG LEXIS 52 (7/2/13). The departmental approval required under T.C.A. § 62-35-103(a)(15)(B) refers to approval from the law enforcement agency of the individual peace officer’s primary jurisdiction, not to approval from the Commissioner. The exemption in T.C.A. § 62-35-103(a)(15)(B) applies to part-time or reserve peace officers who are commissioned by a Tennessee law enforcement agency but not certified by Tennessee Peace Officer Standards and Training Commission (“POST”). OAG 16-43, 2016 Tenn. AG LEXIS 43 (12/14/2016). Under T.C.A. § 62-35-141(a) , the licensed contract security company that employs the peace officer outside the peace officer’s primary jurisdiction is responsible for notifying the chief law enforcement officer of the jurisdiction in which the peace officer is temporarily employed. The Commissioner may pursue disciplinary action against the licensed contract security company if it violates the notification requirement. T.C.A. § 62-35-141(a) applies only to full-time peace officers. The notification requirement under TC.A. § 62-35-141(a) does not apply to part-time or reserve officers regardless of their certification status with POST or the types of services they provide. OAG 16-43, 2016 Tenn. AG LEXIS 43 (12/14/2016). 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).