BILL NUMBER: AB 759	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JANUARY 14, 2014
	AMENDED IN SENATE  JANUARY 6, 2014
	AMENDED IN ASSEMBLY  MAY 6, 2013
	AMENDED IN ASSEMBLY  APRIL 18, 2013
	AMENDED IN ASSEMBLY  MARCH 19, 2013

INTRODUCED BY   Assembly Member Daly

                        FEBRUARY 21, 2013

   An act to amend  Section   Sections 
6980.12  and 7590.2  of the Business and Professions Code,
relating to alarm companies, and declaring the urgency thereof, to
take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 759, as amended, Daly. Alarm companies.
   Existing law provides for the licensure and regulation of
locksmiths and the registration of employees of locksmiths by the
Bureau of Security and Investigative Services in the Department of
Consumer Affairs. Existing law exempts from that regulation and
licensure or registration certain individuals and practices,
including, among others, a person registered with the bureau as an
employee of a repossessor, if the duties of the person that
constitute locksmithing are  ancilliary  
ancillary  to the primary duties and functions of the person's
position. Existing law  , the Alarm Company Act,  also
provides for the licensure and regulation of alarm company operators
and the  certification and  registration of employees of
alarm companies  , including alarm agents,  by the bureau.
   This bill would expand the exemption from licensure as a locksmith
or registration as an employee of a locksmith to include a person
 who is licensed, certified, or  registered with the bureau
 as an employee of an alarm company operator  
pursuant to the Alarm Company Act  if the duties of the person
that constitute locksmithing are  ancilliary  
ancillary  to the primary duties and functions of  the
person's position   an alarm agent  .
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 6980.12 of the Business and Professions Code is
amended to read:
   6980.12.  This chapter does not apply to the following persons:
   (a) Any person, or his or her agent or employee, who is the
manufacturer of a product, other than locks and keys, and who
installs, repairs, opens, or modifies locks or who makes keys for the
locks of that product as a normal incident to its marketing.
   (b) Employees who are industrial or institutional locksmiths,
provided that the employees provide locksmith services only to a
single employer that does not provide locksmith services for hire to
the public for any consideration or compensation whatsoever.
   (c) Tow truck operators who do not originate keys for locks and
whose locksmith services are limited to opening motor vehicles.
   (d) Any person employed exclusively and regularly by a state
correctional institution, or other state or federal agency, and who
does not provide locksmith services for hire to the public for any
consideration or compensation whatsoever.
   (e) Any person registered with the bureau pursuant to Chapter 11
(commencing with Section 7500) or  licensed, certified, or
registered pursuant to  Chapter 11.6 (commencing with Section
7590) if the duties of that person's position that constitute
locksmithing are ancillary to the primary duties and functions of
that person's position.
   (f) Any agent or employee of a retail establishment that has a
primary business other than providing locksmith services, providing
all of the following criteria are met:
   (1) The services provided by the retail establishment are limited
to rekeying and recombination of locks.
   (2) All rekeying, recombination, and installation of locks must
take place on the premises of the retail establishment.
   (3) All rekeying, recombination, and installation services
provided by the retail establishment subject to this chapter are
limited to locks purchased on the retail establishment's premises and
are conducted prior to purchasers taking possession of the locks.
   (4) No unlicensed agent or employee of the retail establishment
shall advertise or represent himself or herself to be licensed under
this chapter, and no agent or employee of the retail establishment
shall advertise or represent himself or herself to be a locksmith.
   (5) No agent or employee of the retail establishment shall design
or implement a master key system, as defined in subdivision (o) of
Section 6980.
   (6) No agent or employee of the retail establishment shall rekey,
change the combination of, alter, or install any automotive locks.
   (7) The retail establishment shall not have on its premises any
locksmith tool, as defined in subdivision (s) of Section 6980, other
than the following:
   (A) Standard key duplication machines.
   (B) Key blanks.
   (C) Pin kits.
   (g) Any law enforcement officer employed by any city, county, city
and county, state, or federal law enforcement agency, if all
services are performed during the course of the officer's
professional duties.
   (h) Firefighters or emergency medical personnel employed by any
city, county, city and county, district, or state agency, if all
services are performed during the course of duties as a firefighter
or emergency medical person.
   (i) A new motor vehicle dealer, as defined in Section 426 of the
Vehicle Code, and employees of a new motor vehicle dealer acting
within the scope of employment at a dealership.
   SEC. 2.    Section 7590.2 of the   Business
and Professions Code   is amended to read: 
   7590.2.   (a)    An "alarm company operator"
means any person who, for any consideration whatsoever, engages in
business or accepts employment to install, maintain, alter, sell on
premises, monitor, or service alarm systems or who responds to alarm
systems except for any alarm agent. "Alarm company operator,"
includes any entity that is retained by a licensed alarm company
 operator ,   operator,  a customer, or any
other person or entity, to monitor one or more alarm systems,
whether or not the entity performs any other duties within the
definition of an alarm company operator. The provisions of this
chapter, to the extent that they can be made applicable, shall be
applicable to the duties and functions performed in monitoring alarm
systems. 
    A 
    (b)     A  person licensed as an alarm
company operator may not conduct any investigation or investigations
except those that are incidental to personal injury, or the theft,
loss, embezzlement, misappropriation, or concealment of any property,
or any other thing enumerated in this section, which he or she has
been hired or engaged to protect. 
   (c) Any person who is licensed, certified, or registered pursuant
to this chapter is exempt from locksmithing requirements, pursuant to
subdivision (e) of Section 6980.12, if the duties performed that
constitute locksmithing are ancillary to the primary duties and
functions of an alarm agent. 
   SEC. 2.   SEC. 3.   This act is an
urgency statute necessary for the immediate preservation of the
public peace, health, or safety within the meaning of Article IV of
the Constitution and shall go into immediate effect. The facts
constituting the necessity are:
   In order to assure prompt access to, and the ability to promptly
secure, residential and business properties using alarm systems with
automated locking features, it is necessary that this act take effect
immediately.