wa-law.org > bill > 2025-26 > HB 2524 > Substitute Bill
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Board" means the state security guards industry standards board established under this chapter.
"Department" means the department of labor and industries.
"Director" means the director of the department of labor and industries or the director's designee.
"Security guard" includes any "private security guard" as defined under RCW 18.170.010.
"Security guard employer" has the same meaning as "employer" under RCW 18.170.010.
"Worker organization" means a worker organization that is certified by the board to conduct trainings under section 4 of this act.
The state security guards industry standards board is established under this chapter. The board is composed of members appointed by the governor as provided in this subsection:
Three representatives of security guards from a list of at least six people submitted by the largest organization representing security guard employees;
Three representatives of security guard employers who reside in the state of Washington, including an employer representing a small business of less than 50 employees;
One member of a nonprofit professional development or training program for security guards;
One member representing consumers of security guard services from a list of three people submitted by a nonprofit organization; and
The director.
Except for the director under subsection (1)(e) of this section, board members appointed under this section shall serve four-year terms following the initial staggered lot determination in subsection (3) of this section and must not be appointed to more than two full consecutive four-year terms. The governor shall fill vacancies occurring prior to the expiration of a member's term by appointment for the unexpired term. A member serves until a successor is appointed.
[Empty]
The governor must make initial appointments to the board no later than September 1, 2026. The initial terms for board members appointed under subsection (1)(a) and (b) of this section must be determined by lot as follows:
One member appointed under subsection (1)(a) and (b) of this section shall serve a two-year term;
One member appointed under subsection (1)(a) and (b) of this section shall serve a three-year term; and
One member appointed under subsection (1)(a) and (b) of this section shall serve a four-year term.
The director must convene the first meeting of the board by December 1, 2026. The board must elect a chair at its first meeting.
The board shall elect a member by majority vote to serve as its chairperson and shall determine the term to be served by the chairperson.
Board members must be compensated in accordance with RCW 43.03.220 and must be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
The affirmative vote of five board members is required for the board to take any action.
To carry out its duties, the board shall hold public hearings on, and conduct investigations into, working conditions in the security guard industry.
The director may employ personnel to carry out duties of the board under this chapter.
The director shall provide administrative staff support to the board.
The department may adopt rules to implement and enforce this chapter.
The board is subject to the requirements of chapters 34.05 and 42.56 RCW.
By January 1, 2028, the board must adopt rules establishing minimum employment standards for security guards, which must include standards for:
Minimum compensation;
Paid leave;
Employment benefits; and
Training, subject to the requirements in section 4 of this act.
The board may not adopt standards that are less protective of or beneficial to security guards as any other applicable statute or rule or any standard previously established by the board.
The board must investigate market conditions and the existing wages, benefits, and working conditions of security guards in all relevant geographic areas in the state. Based on this information, the board must seek to adopt minimum employment standards under this chapter that meet or exceed existing industry conditions for a majority of security guards in each relevant geographic area. At least once every four years, the board shall conduct a full review of the adequacy of the minimum employment standards previously established by the board and modify standards as appropriate to meet the purposes of this chapter.
The board must certify worker organizations that are qualified to provide training to security guards under this section. The board shall establish by rule criteria that a worker organization must meet in order to be certified and provide a process for certification renewal. The criteria must ensure that a worker organization, if certified, is able to provide effective, interactive training required under this section.
The board shall establish requirements for the training curriculum. The curriculum must, at a minimum, provide the following information to security guards:
The applicable employment standards established by the board;
The labor standards and protections under other applicable local, state, and federal laws and rules including, but not limited to, rights to paid family and medical leave under chapter 50A.05 RCW;
Information on how to initiate an enforcement action under this chapter; and
Any other information the board deems appropriate to facilitate compliance with this chapter.
A security guard employer must ensure its security guards complete training provided by a certified worker organization at least once every two years. The security guard employer must certify its compliance with this section to the board.
The board must review the adequacy of the curriculum requirements at least annually and revise the requirements as appropriate to meet the purposes of this chapter.
Nothing in this chapter may be construed to:
Limit the rights of parties to a collective bargaining agreement to bargain employment standards; or
Diminish the obligation of a security guard employer to comply with any contract, collective bargaining agreement, or employment benefit program or plan that meets or exceeds, and does not conflict with, the minimum standards and requirements established by the board under this chapter.
It is unlawful for a security guard employer to violate any employment standard established by the board under this chapter.
The minimum wage requirements established under this chapter must be enforced as a wage payment requirement under chapter 49.48 RCW.
[Empty]
For all other violations of this chapter not otherwise enforced as a wage payment requirement, the department may investigate if a complaint is filed with the department alleging a violation of this chapter or if the department has reason to believe that an employer has committed a violation of this chapter.
Except when a violation is otherwise resolved, the department must issue: (i) A citation assessing a civil penalty under (c) of this subsection if it finds a violation has occurred; or (ii) a closure letter detailing any findings if it finds that a violation cannot be substantiated. The notice of a citation or closure letter must be sent to the employer by service of process or using a method by which the mailing can be tracked or the delivery can be confirmed to the last known address.
If the department finds a violation of this chapter, the department may order the employer to pay the department a civil penalty of $1,000 for each willful violation. For a repeat willful violator, the citation assessing a civil penalty must be at least $2,000 for each repeat willful violation, but no greater than $10,000 for each repeat willful violation. The department may, at any time, waive or reduce a civil penalty assessed under this section if the department determines that the employer has taken corrective action to resolve the violation. Collections of unpaid penalties under this chapter must be handled pursuant to the procedures in RCW 49.48.086. Penalties collected under this chapter must be deposited into the supplemental pension fund established under RCW 51.44.033.
The department must adopt rules for purposes of implementing the enforcement under this section including, but not limited to, rules establishing the processes for appeals of citations issued under this section in accordance with chapter 34.05 RCW.
For purposes of this section, the following definitions apply:
"Repeat willful violator" means any hiring entity that has been the subject of a final and binding citation for a willful violation of one or more rights under this chapter, and all applicable rules, within three years of the date of issuance of the most recent citation for a willful violation of one or more such rights.
"Willful" means a knowing and intentional action that is neither accidental nor the result of a bona fide dispute.
Any security guard injured by any act in violation of this chapter has a civil action in a court of competent jurisdiction to enjoin further violations and recover the actual damages, plus reasonable attorneys' fees and costs.
The state security guards industry standards board account is created in the custody of the state treasurer. All fees remitted by the department of licensing under section 9 of this act must be deposited into the account. Expenditures from the account may only be used for supporting the costs of the board. Only the director may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.
The department shall remit $25 from any license fee collected under RCW 18.170.030, 18.170.040, and 18.170.060 for deposit into the account created in section 8 of this act.
(1) Money in the treasurer's trust fund may be deposited, invested, and reinvested by the state treasurer in accordance with RCW 43.84.080 in the same manner and to the same extent as if the money were in the state treasury, and may be commingled with moneys in the state treasury for cash management and cash balance purposes.
(1) Money in the treasurer's trust fund may be deposited, invested, and reinvested by the state treasurer in accordance with RCW 43.84.080 in the same manner and to the same extent as if the money were in the state treasury, and may be commingled with moneys in the state treasury for cash management and cash balance purposes.
Section 10 of this act expires July 1, 2030.
Section 11 of this act takes effect July 1, 2030.