BILL NUMBER: AB 1042	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 23, 2015
	AMENDED IN ASSEMBLY  MAY 18, 2015
	AMENDED IN ASSEMBLY  APRIL 20, 2015

INTRODUCED BY   Assembly Member Cooper

                        FEBRUARY 26, 2015

   An act to amend Section 7574.01 of the Business and Professions
Code,  and Section 201.3 of the Labor Code,   relating to
professions and vocations.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1042, as amended, Cooper. Proprietary security services.
   The Proprietary Security Services Act generally regulates the
proprietary private security vocation, and requires a proprietary
private security officer to, among other things, register with the
Department of Consumer Affairs and complete specified training. The
act defines a proprietary private security officer as an unarmed
individual who, among other qualifications, meets 2 specific criteria
of being required to wear a distinctive uniform clearly identifying
him or her as a security officer and of being likely to interact with
the public while performing his or her duties.
   This bill would expand the definition of a proprietary private
security officer by instead requiring one of the 2 specific criteria
to be met and would include examples of the security officer's duties
that are likely to involve interacting with the public. 
   The Private Security Services Act provides for the licensure and
regulation of private patrol operators by the Bureau of Security and
Investigative Services in the Department of Consumer Affairs.
Existing law defines a private patrol operator as a person who, for
consideration, agrees to furnish, or furnishes, a watchman, guard
patrolperson, or other person to protect persons or property or to
prevent the theft, unlawful taking, loss, embezzlement,
misappropriation, or concealment of any property; or performs the
service of a watchman, guard, patrolperson, or other person, for any
of these purposes. Existing law defines a security guard as an
employee of a private patrol operator who performs those
above-referenced functions on or about the premises owned or
controlled by the customer of the private patrol operator or by the
guard's employer or in the company of persons being protected. 

   Existing law generally requires that an employee of a temporary
services employer, as defined, be paid weekly. Existing law provides
that a violation of these provisions is punishable as a misdemeanor.
 
   This bill would provide for that weekly pay requirement to apply
to a security officer employed by a private patrol operator who is a
temporary services employer, as provided.  
   By expanding the scope of crime, the bill would impose a
state-mandated local program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 7574.01 of the Business and Professions Code is
amended to read:
   7574.01.  For the purposes of this chapter, the following terms
shall have the following meanings:
   (a) "Bureau" means the Bureau of Security and Investigative
Services.
   (b) "Chief" means the Chief of the Bureau of Security and
Investigative Services.
   (c) "Director" means the Director of Consumer Affairs, unless the
context indicates otherwise.
   (d) "Person" includes any individual, firm, company, association,
organization, partnership, and corporation.
   (e) "Proprietary private security employer" means a person who has
one or more employees who provide security services for the employer
and only for the employer. A person who employs proprietary private
security officers pursuant to this chapter at more than one location
shall be considered a single employer.
   (f) "Proprietary private security officer" means an unarmed
individual who is employed exclusively by any one employer whose
primary duty is to provide security services for his or her employer,
whose services are not contracted to any other entity or person, and
who is not exempt pursuant to Section 7582.2, and who meets either
of the following criteria:
   (1) Is required to wear a distinctive uniform or marked shirt or
jacket clearly identifying the individual as a security officer.
   (2) Is likely to interact with the public while providing security
services, which may include, but not be limited to, acting to
prevent unapproved or unlawful entry, directing persons causing a
disturbance to leave the facility, ensuring that persons removing
property from the facility are acting within appropriate policy
requirements, observing and reporting incidents or suspicious
activity to management and to public safety authorities as
appropriate, and responding to or reporting incidents of fire,
medical emergency, hazardous materials, and other incidents or
conditions following procedures established by the employer.
   (g) "Registrant" means an individual registered with the bureau
under this chapter.
   SEC. 2.    Section 201.3 of the   Labor Code
  is amended to read: 
   201.3.  (a) For purposes of this section, the following
definitions apply:
   (1) "Temporary services employer" means an employing unit that
contracts with clients or customers to supply workers to perform
services for the clients or customers and that performs all of the
following functions:
   (A) Negotiates with clients and customers for matters such as the
time and place where the services are to be provided, the type of
work, the working conditions, and the quality and price of the
services.
   (B) Determines assignments or reassignments of workers, even if
workers retain the right to refuse specific assignments.
   (C) Retains the authority to assign or reassign a worker to
another client or customer when the worker is determined unacceptable
by a specific client or customer.
   (D) Assigns or reassigns workers to perform services for clients
or customers.
   (E) Sets the rate of pay of workers, whether or not through
negotiation.
   (F) Pays workers from its own account or accounts.
   (G) Retains the right to hire and terminate workers.
   (2) "Temporary services employer" does not include any of the
following:
   (A) A bona fide nonprofit organization that provides temporary
service employees to clients.
   (B) A farm labor contractor, as defined in subdivision (b) of
Section 1682.
   (C) A garment manufacturing employer, which, for purposes of this
section, has the same meaning as "contractor," as defined in
subdivision (d) of Section 2671.
   (3) "Employing unit" has the same meaning as defined in Section
135 of the Unemployment Insurance Code.
   (4) "Client" and "customer" means the person with whom a temporary
services employer has a contractual relationship to provide the
services of one or more individuals employed by the temporary
services employer.
   (b) (1)  (A)    Except as provided in paragraphs
(2) to (5), inclusive, if an employee of a temporary services
employer is assigned to work for a client, that employee's wages are
due and payable no less frequently than weekly, regardless of when
the assignment ends, and wages for work performed during any calendar
week shall be due and payable not later than the regular payday of
the following calendar week. A temporary services employer shall be
deemed to have timely paid wages upon completion of an assignment if
wages are paid in compliance with this subdivision. 
   (B) Except as provided in paragraphs (2) to (5), inclusive, if an
employee of a temporary services employer is employed in the security
services industry as a security officer who is registered pursuant
to Chapter 11.5 (commencing with Section 7580) of Division 3 of the
Business and Professions Code, is employed by a private patrol
operator registered pursuant to that chapter, and is assigned to work
for a client, that employee's wages are due and payable no less
frequently than weekly, regardless of when the assignment ends, and
wages for work performed during any workweek, as defined under
Section 500, shall be due and payable not later than the regular
payday of the following workweek. 
   (2) If an employee of a temporary services employer is assigned to
work for a client on a day-to-day basis, that employee's wages are
due and payable at the end of each day, regardless of when the
assignment ends, if each of the following occurs:
   (A) The employee reports to or assembles at the office of the
temporary services employer or other location.
   (B) The employee is dispatched to a client's worksite each day and
returns to or reports to the office of the temporary services
employer or other location upon completion of the assignment.
   (C) The employee's work is not executive, administrative, or
professional, as defined in the wage orders of the Industrial Welfare
Commission, and is not clerical.
   (3) If an employee of a temporary services employer is assigned to
work for a client engaged in a trade dispute, that employee's wages
are due and payable at the end of each day, regardless of when the
assignment ends.
   (4) If an employee of a temporary services employer is assigned to
work for a client and is discharged by the temporary services
employer or leasing employer, wages are due and payable as provided
in Section 201.
   (5) If an employee of a temporary services employer is assigned to
work for a client and quits his or her employment with the temporary
services employer, wages are due and payable as provided in Section
202.
   (6) If an employee of a temporary services employer is assigned to
work for a client for over 90 consecutive calendar days, this
section shall not apply unless the temporary services employer pays
the employee weekly in compliance with paragraph (1) of subdivision
(b).
   (c) A temporary services employer who violates this section shall
be subject to the civil penalties provided for in Section 203, and to
any other penalties available at law.
   (d) Nothing in this section shall be interpreted to limit any
rights or remedies otherwise available under state or federal law.
   SEC. 3.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.