BILL NUMBER: AB 759 AMENDED
BILL TEXT
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 Sections 7570, 7574.14, 7580.6, 7580.12, 7581,
7581.1, 7581.3, 7582.05, 7582.1, 7582.11, 7582.13, 7582.2, 7582.20,
7582.22, 7582.26, 7582.27, 7582.3, 7582.5, 7582.9, 7583, 7583.1,
7583.2, 7583.21, 7583.38, 7583.39, 7583.42, 7583.46, 7583.6, 7583.7,
7583.9, 7586, 7588, and 7590.3 of, to amend the heading of Article 4
(commencing with Section 7583) of Chapter 11.5 of Division 3 of, and
to repeal and add Section 7580.2 of, the Business and Professions
Code, to amend Section 53069.8 of the Government Code, to amend
Section 512 of the Labor Code, to amend Sections 11105.4 and 22835 of
the Penal Code, and to amend Sections 120220.5 and 125220 of the
Public Utilities Code, relating to private patrol operators.
LEGISLATIVE COUNSEL'S DIGEST
AB 759, as amended, Daly. Private patrol operators.
Existing law generally regulates private security services,
including, among other things, requiring the licensing of private
patrol operators, as defined, and imposing various restrictions and
obligations on private patrol operators, as specified.
This bill would replace the term private patrol operator with the
term private security contractor for these purposes. The bill would
make related, conforming changes. The bill would additionally provide
that for those purposes, the term "security officer" includes the
terms "security guard," "guard," "patrolperson," and "watchman."
Existing law requires the Chief of the Bureau of Security and
Investigative Services to issue a license, the form and content of
which shall be determined by the chief, as specified, to any private
patrol operator licensee, as specified.
This bill would require the bureau to post these licenses on the
bureau's Internet Web site and would provide that the license is
effective upon posting on the Internet Web site.
Existing law requires any advertisement by a private patrol
operator to contain specified information, and defines "advertisement"
for those purposes.
This bill would include within the definition of "advertisement"
for those purposes, an Internet Web site and social media, as
defined.
Existing law establishes certain criteria to be met in order for a
person to become a qualified manager of a private patrol operator.
This bill would add to those criteria the requirements that the
person has 2080 hours of experience as a security guard or an
equivalent amount of military experience, as specified, is currently
registered as a security guard, and has 2080 hours of experience as a
manager of a private patrol operator. The bill would provide that a
qualified manager may not be employed as a qualified manager by more
than 5 corporations or other business entities simultaneously.
Existing law prohibits a private patrol operator or officer,
director, partner, manager, or employee of a private patrol operator
from using or wearing a badge, except while engaged in guard or
patrol work and while wearing a distinctive uniform, with specified
patches.
This bill would provide that the distinctive uniform for those
purposes may consist of a military or police style
uniform. The bill would also provide that a private security
contractor or officer, director, partner, manager, or employee of a
private security contractor, who is unarmed, may wear a business
suit, blazer, or polo shirt provided that the person also displays a
company issued photo identification designating the person's name,
employing company, and employee number, in lieu of specified badge
and uniform patch requirements.
Existing law provides that the Director of Consumer Affairs may
require an applicant for a private patrol operator license, or his or
her manager, to demonstrate his or her qualifications by a written
or oral examination, or a combination of both.
This bill would provide that the examination results would be
valid for no more than 7 years after expiration of the license,
unless reauthorized by the bureau.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7570 of the Business and Professions Code is
amended to read:
7570. The fees prescribed by this chapter are as follows:
(a) The application and examination fee for an original license
may not exceed fifty dollars ($50).
(b) The application fee for an original branch office certificate
may not exceed thirty dollars ($30).
(c) The fee for an original license for a private investigator may
not exceed one hundred seventy-five dollars ($175).
(d) The renewal fee is as follows:
(1) For a license as a private investigator, the fee may not
exceed one hundred twenty-five dollars ($125).
(2) For a combination license as a private investigator and
private security contractor under Chapter 11.5 (commencing with
Section 7580), AC or DC prefix, the fee may not exceed six hundred
dollars ($600).
(3) For a branch office certificate for a private investigator,
the fee may not exceed thirty dollars ($30), and for a combination
private investigator and private security contractor under Chapter
11.5 (commencing with Section 7580), the fee may not exceed forty
dollars ($40).
(e) The delinquency fee is 50 percent of the renewal fee in effect
on the date of expiration.
(f) A reinstatement fee is equal to the amount of the renewal fee
plus the regular delinquency fee.
(g) The fee for reexamination of an applicant or his or her
manager may not exceed fifteen dollars ($15).
SEC. 2. Section 7574.14 of the Business and Professions Code is
amended to read:
7574.14. This chapter shall not apply to the following:
(a) An officer or employee of the United States of America, or of
this state or a political subdivision thereof, while the officer or
employee is engaged in the performance of his or her official duties,
including uniformed peace officers employed part time by a public
agency pursuant to a written agreement between a chief of police or
sheriff and the public agency, provided the part-time employment does
not exceed 50 hours in a calendar month.
(b) A person engaged exclusively in the business of obtaining and
furnishing information as to the financial rating of persons.
(c) A charitable philanthropic society or association incorporated
under the laws of this state that is organized and duly maintained
for the public good and not for private profit.
(d) Patrol special police officers appointed by the police
commission of a city, county, or city and county under the express
terms of its charter who also under the express terms of the charter
(1) are subject to suspension or dismissal after a hearing on charges
duly filed with the commission after a fair and impartial trial, (2)
must be not less than 18 years of age nor more than 40 years of age,
(3) must possess physical qualifications prescribed by the
commission, and (4) are designated by the police commission as the
owners of a certain beat or territory as may be fixed from time to
time by the police commission.
(e) An attorney at law in performing his or her duties as an
attorney at law.
(f) A collection agency or an employee thereof while acting within
the scope of his or her employment, while making an investigation
incidental to the business of the agency, including an investigation
of the location of a debtor or his or her property where the contract
with an assignor creditor is for the collection of claims owed or
due or asserted to be owed or due or the equivalent thereof.
(g) Admitted insurers and agents and insurance brokers licensed by
the state, performing duties in connection with insurance transacted
by them.
(h) A bank subject to the jurisdiction of the Commissioner of
Financial Institutions of the State of California under Division 1
(commencing with Section 99) of the Financial Code or the Comptroller
of Currency of the United States.
(i) A person engaged solely in the business of securing
information about persons or property from public records.
(j) A peace officer of this state or a political subdivision
thereof while the peace officer is employed by a private employer to
engage in off-duty employment in accordance with Section 1126 of the
Government Code. However, nothing herein shall exempt a peace officer
who either contracts for his or her services or the services of
others as a private security contractor or contracts for his or her
services as or is employed as an armed private security officer. For
purposes of this subdivision, "armed security officer" means an
individual who carries or uses a firearm in the course and scope of
that contract or employment.
(k) A retired peace officer of the state or political subdivision
thereof when the retired peace officer is employed by a private
employer in employment approved by the chief law enforcement officer
of the jurisdiction where the employment takes place, provided that
the retired officer is in a uniform of a public law enforcement
agency, has registered with the bureau on a form approved by the
director, and has met any training requirements or their equivalent
as established for security personnel under Section 7583.5. This
officer may not carry an unloaded and exposed handgun unless he or
she is exempted under the provisions of Article 2 (commencing with
Section 26361) of Chapter 6 of Division 5 of Title 4 of Part 6 of the
Penal Code, may not carry an unloaded firearm that is not a handgun
unless he or she is exempted under the provisions of Article 2
(commencing with Section 26405) of Chapter 7 of Division 5 of Title 4
of Part 6 of the Penal Code, and may not carry a loaded or concealed
firearm unless he or she is exempted under the provisions of
Sections 25450 to 25475, inclusive, of the Penal Code or Sections
25900 to 25910, inclusive, of the Penal Code or has met the
requirements set forth in subdivision (d) of Section 26030 of the
Penal Code. However, nothing herein shall exempt the retired peace
officer who contracts for his or her services or the services of
others as a private security contractor.
(l) A licensed insurance adjuster in performing his or her duties
within the scope of his or her license as an insurance adjuster.
(m) A savings association subject to the jurisdiction of the
Commissioner of Financial Institutions or the Office of Thrift
Supervision.
(n) A secured creditor engaged in the repossession of the creditor'
s collateral and a lessor engaged in the repossession of leased
property in which it claims an interest.
(o) A peace officer in his or her official police uniform acting
in accordance with subdivisions (c) and (d) of Section 70 of the
Penal Code.
(p) An unarmed, uniformed security person employed exclusively and
regularly by a motion picture studio facility employer who does not
provide contract security services for other entities or persons in
connection with the affairs of that employer only and where there
exists an employer-employee relationship if that person at no time
carries or uses a deadly weapon, as defined in subdivision (a), in
the performance of his or her duties, which may include, but are not
limited to, the following business purposes:
(1) The screening and monitoring access of employees of the same
employer.
(2) The screening and monitoring access of prearranged and
preauthorized invited guests.
(3) The screening and monitoring of vendors and suppliers.
(4) Patrolling the private property facilities for the safety and
welfare of all who have been legitimately authorized to have access
to the facility.
(q) An armored contract carrier operating armored vehicles
pursuant to the authority of the Department of the California Highway
Patrol or the Public Utilities Commission, or an armored vehicle
guard employed by an armored contract carrier.
SEC. 3. Section 7580.2 of the Business and Professions Code is
repealed.
SEC. 4. Section 7580.2 is added to the Business and Professions
Code, to read:
7580.2. As used in this chapter, "security officer" includes the
terms "security guard," "patrolperson," "watchman," and "guard."
SEC. 5. Section 7580.6 of the Business and Professions Code is
amended to read:
7580.6. As used in this chapter, "licensee" means a person
licensed under this chapter and includes, but is not limited to,
private security contractor and armored contract carrier.
SEC. 6. Section 7580.12 of the Business and Professions Code is
amended to read:
7580.12. (a) The director shall administer and enforce the
provisions of this chapter.
(b) Every power and duty granted to or imposed upon the director
may be exercised by any other officer or employee of the Department
of Consumer Affairs authorized by the director, but the director
shall have the supervision of and the responsibility for all powers
and duties exercised by these officers and employees.
SEC. 7. Section 7581 of the Business and Professions Code is
amended to read:
7581. The director may adopt and enforce reasonable rules, as
follows:
(a) Classifying licensees according to the type of business
regulated by this chapter in which they are engaged, including, but
not limited to, persons employed by any lawful business as security
guards or patrolpersons, and armored contract carriers, and limiting
the field and scope of the operations of a licensee to those in which
he or she is classified and qualified to engage.
(b) Fixing the qualifications of licensees and managers, in
addition to those prescribed in this chapter, necessary to promote
and protect the public welfare.
(c) Carrying out generally the provisions of this chapter,
including regulation of the conduct of licensees.
(d) Establishing the qualifications that any person employed by a
private security contractor or any lawful business as a security
guard or patrolperson, or employed by an armored contract carrier,
must meet as a condition of becoming eligible to carry firearms
pursuant to Section 26030 of the Penal Code.
(e) Requiring each uniformed employee of a private security
contractor and each armored vehicle guard, as defined in this
chapter, and any other person employed and compensated by a private
security contractor or any lawful business as a security guard or
patrolperson and who in the course of this employment carries a
deadly weapon to be registered with the bureau upon application on a
form prescribed by the director accompanied by the registration fee
and by two classifiable sets of fingerprints of the applicant or its
equivalent as determined by the director and approved by the
Department of Justice, establishing the term of the registration for
a period of not less than two nor more than four years, and providing
for the renewal thereof upon proper application and payment of the
renewal fee. The director may, after opportunity for a hearing,
refuse this registration to any person who lacks good moral
character, and may impose reasonable additional requirements as are
necessary to meet local needs that are not inconsistent with the
provisions of this chapter.
(f) Establishing procedures whereby the local authorities of any
city, county, or city and county may file charges with, or any person
in this state may file a complaint with, the director alleging that
any licensed private security contractor, registered security guard,
or patrolperson, or anyone who is an applicant for registration or
licensure with the bureau, fails to meet standards for registration
or licensure, or violates any provision of this chapter, and
providing further for the investigation of the charges and a response
to the charging or complaining party in the manner described in
subdivision (b) of Section 129.
(g) Requiring private security contractors and any lawful business
to maintain detailed records identifying all firearms in their
possession or under their control, and the employees or persons
authorized to carry or have access to those firearms.
SEC. 8. Section 7581.1 of the Business and Professions Code is
amended to read:
7581.1. The Governor shall appoint two private security
disciplinary review committees, and may remove any member of a
disciplinary review committee for misconduct, incompetency, or
neglect of duty. One committee shall meet in the southern portion of
the state and the other committee shall meet in the northern portion
of the state.
Each disciplinary review committee shall consist of five members.
Of the five members, one member shall be actively engaged in the
business of a licensed private security contractor, one member shall
be actively engaged in the business of a firearm training facility,
one member shall be actively engaged in the business of a registered
security guard, and two members shall be public members. None of the
public members shall be licensees or registrants or engaged in any
business or profession in which any part of the fees, compensation,
or revenue thereof, is derived from any licensee.
Each committee shall meet every 60 days or more or less frequently
as may be required. The members shall be paid per diem pursuant to
Section 103 and shall be reimbursed for actual travel expenses. The
members shall be appointed for a term of four years.
SEC. 9. Section 7581.3 of the Business and Professions Code is
amended to read:
7581.3. A private security contractor, qualified manager of a
private security contractor, security guard, firearm qualification
cardholder, firearm training facility, firearm training instructor,
baton training facility, or baton training instructor may request a
review by a disciplinary review committee to contest the assessment
of an administrative fine or to appeal a denial, revocation, or
suspension of a license, certificate, or registration unless the
denial, revocation, or suspension is ordered by the director in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code.
A request for a review shall be by written notice to the bureau
within 30 days of the issuance of the citation and assessment,
denial, revocation, or suspension.
Following a review by a disciplinary review committee, the
appellant shall be notified within 30 days, in writing, by regular
mail, of the committee's decision.
If the appellant disagrees with the decision made by a
disciplinary review committee, he or she may request a hearing in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code. A request for a
hearing following a decision by a disciplinary review committee shall
be by written notice to the bureau within 30 days following notice
of the committee's decision.
If the appellant does not request a hearing within 30 days, the
review committee's decision shall become final.
SEC. 10. Section 7582.05 of the Business and Professions Code is
amended to read:
7582.05. (a) Notwithstanding any other provision of law, any
person engaging in a business as a private security contractor who
violates Section 7582 is guilty of an infraction subject to the
procedures described in Sections 19.6 and 19.7 of the Penal Code
under either of the following circumstances:
(1) A complaint or a written notice to appear in court pursuant to
Chapter 5c (commencing with Section 853.5) of Title 3 of Part 2 of
the Penal Code is filed in court charging the offense as an
infraction unless the defendant, at the time he or she is arraigned,
after being advised of his or her rights, elects to have the case
proceed as a misdemeanor.
(2) The court, with the consent of the defendant and the
prosecution, determines that the offense is an infraction in which
event the case shall proceed as if the defendant has been arraigned
on an infraction complaint.
(b) This section does not apply to a violation of Section 7582 if
the defendant has had his or her license previously revoked or
suspended.
(c) Notwithstanding any other provision of law, a violation of
Section 7582, which is an infraction, is punishable by a fine of one
thousand dollars ($1,000). No portion of the fine may be suspended by
the court unless as a condition of that suspension the defendant is
required to submit proof of a current valid license for the
profession of private security contractor which was the basis for his
or her conviction.
SEC. 11. Section 7582.1 of the Business and Professions Code is
amended to read:
7582.1. (a) A private security contractor, or operator of a
private patrol service, within the meaning of this chapter is a
person, other than an armored contract carrier, who, for any
consideration whatsoever:
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 goods, wares, merchandise, money, bonds, stocks,
notes, documents, papers, or property of any kind; or performs the
service of a watchman, guard, patrolperson, or other person, for any
of these purposes.
(b) A person licensed as a private security contractor only may
not make any investigation or investigations except those that are
incidental to 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, guard,
or watch.
(c) An armored contract carrier within the meaning of this chapter
is a contract carrier operating armored vehicles pursuant to
California Highway Patrol and Public Utilities Commission authority.
(d) An armored vehicle guard within the meaning of this chapter is
any person employed by an armored contract carrier who in the course
of that employment carries a deadly weapon.
(e) A security guard or security officer, within the meaning of
this chapter, is an employee of a private security contractor, or an
employee of a lawful business or public agency who is not exempted
pursuant to Section 7582.2, who performs the functions as described
in subdivision (a) on or about the premises owned or controlled by
the customer of the private security contractor or by the guard's
employer or in the company of persons being protected.
(f) A street patrolperson, within the meaning of this chapter, is
a security guard or security officer employed by a private security
contractor who performs the functions described in subdivision (a) by
street patrol service utilizing foot patrol, motor patrol, or other
means of transportation in public areas, streets , or
public thoroughfares in order to serve multiple customers. "Street
patrolperson" does not include management or supervisory employees of
the private security contractor moving from one customer location to
another to inspect personnel or security guards or security
officers.
SEC. 12. Section 7582.11 of the Business and Professions Code is
amended to read:
7582.11. The chief shall issue a license, the form and content of
which shall be determined by the chief in accordance with Section
164. In addition, the chief shall issue a "Certificate of Licensure"
to any licensee, upon request and upon the payment of a fee of fifty
dollars ($50). The license shall also be posted on the bureau's
Internet Web site and shall be effective upon posting on the Internet
Web site.
SEC. 13. Section 7582.13 of the Business and Professions Code is
amended to read:
7582.13. Upon the issuance of a license, a pocket card of the
size, design, and content determined by the director shall be issued
to each licensee, if an individual, or, if the licensee is a person
other than an individual, to its manager, and to each of its officers
and partners. The pocket card is evidence that the licensee is
licensed pursuant to this chapter. The card shall contain the
signature of the licensee, signature of the chief, and a photograph
of the licensee, or bearer of the card, if the licensee is other than
an individual. The card shall clearly state that the person is
licensed as a private security contractor or is the manager or
officer of the licensee. The applicant may request to be issued an
enhanced pocket card that shall be composed of a durable material and
may incorporate technologically advanced security features. The
bureau may charge a fee sufficient to reimburse the department's
costs for furnishing the enhanced pocket card. The fee charged may
not exceed the actual costs for system development, maintenance, and
processing necessary to provide this service, and may not exceed six
dollars ($6). If the applicant does not request an enhanced card, the
department shall issue a standard card at no cost. When a person to
whom a card is issued terminates his or her position, office, or
association with the licensee, the card shall be surrendered to the
licensee and within five days thereafter shall be mailed or delivered
by the licensee to the bureau for cancellation. Every person, while
engaged in any activity for which registration is required, shall
display their valid pocket card as provided by regulation.
SEC. 14. Section 7582.2 of the Business and Professions Code is
amended to read:
7582.2. This chapter does not apply to the following:
(a) A person who does not meet the requirements to be a
proprietary private security officer, as defined in Section 7574.01,
and is employed exclusively and regularly by an employer who does not
provide contract security services for other entities or persons, in
connection with the affairs of the employer only and where there
exists an employer-employee relationship if that person at no time
carries or uses a deadly weapon in the performance of his or her
duties. For purposes of this subdivision, "deadly weapon" is defined
to include an instrument or weapon of the kind commonly known as a
blackjack, slungshot, billy, sandclub, sandbag, metal knuckles, a
dirk, dagger, pistol, revolver, or any other firearm, a knife having
a blade longer than five inches, a razor with an unguarded blade, and
a metal pipe or bar used or intended to be used as a club.
(b) An officer or employee of the United States of America, or of
this state or a political subdivision thereof, while the officer or
employee is engaged in the performance of his or her official duties,
including uniformed peace officers employed part time by a public
agency pursuant to a written agreement between a chief of police or
sheriff and the public agency, provided the part-time employment does
not exceed 50 hours in any calendar month.
(c) A person engaged exclusively in the business of obtaining and
furnishing information as to the financial rating of persons.
(d) A charitable philanthropic society or association duly
incorporated under the laws of this state that is organized and
maintained for the public good and not for private profit.
(e) Patrol special police officers appointed by the police
commission of a city, county, or city and county under the express
terms of its charter who also under the express terms of the charter
(1) are subject to suspension or dismissal after a hearing on charges
duly filed with the commission after a fair and impartial trial, (2)
must be not less than 18 years of age nor more than 40 years of age,
(3) must possess physical qualifications prescribed by the
commission, and (4) are designated by the police commission as the
owners of a certain beat or territory as may be fixed from time to
time by the police commission.
(f) An attorney at law in performing his or her duties as an
attorney at law.
(g) A collection agency or an employee thereof while acting within
the scope of his or her employment, while making an investigation
incidental to the business of the agency, including an investigation
of the location of a debtor or his or her property where the contract
with an assignor creditor is for the collection of claims owed or
due or asserted to be owed or due or the equivalent thereof.
(h) Admitted insurers and agents and insurance brokers licensed by
the state, performing duties in connection with insurance transacted
by them.
(i) A bank subject to the jurisdiction of the Commissioner of
Financial Institutions of the State of California under Division 1
(commencing with Section 99) of the Financial Code or the Comptroller
of the Currency of the United States.
(j) A person engaged solely in the business of securing
information about persons or property from public records.
(k) A peace officer of this state or a political subdivision
thereof while the peace officer is employed by a private employer to
engage in off-duty employment in accordance with Section 1126 of the
Government Code. However, nothing herein shall exempt a peace officer
who either contracts for his or her services or the services of
others as a private security contractor or contracts for his or her
services as or is employed as an armed private security officer. For
purposes of this subdivision, "armed security officer" means an
individual who carries or uses a firearm in the course and scope of
that contract or employment.
(l) A retired peace officer of the state or political subdivision
thereof when the retired peace officer is employed by a private
employer in employment approved by the chief law enforcement officer
of the jurisdiction where the employment takes place, provided that
the retired officer is in a uniform of a public law enforcement
agency, has registered with the bureau on a form approved by the
director, and has met any training requirements or their equivalent
as established for security personnel under Section 7583.5. This
officer may not carry an unloaded and exposed handgun unless he or
she is exempted under the provisions of Article 2 (commencing with
Section 26361) of Chapter 6 of Division 5 of Title 4 of Part 6 of the
Penal Code, may not carry an unloaded firearm that is not a handgun
unless he or she is exempted under the provisions of Article 2
(commencing with Section 26405) of Chapter 7 of Division 5 of Title 4
of Part 6 of the Penal Code, and may not carry a loaded or concealed
firearm unless he or she is exempted under the provisions of Article
2 (commencing with Section 25450) of Chapter 2 of Division 5 of
Title 4 of Part 6 of the Penal Code or Sections 25900 to 25910,
inclusive, of the Penal Code or has met the requirements set forth in
subdivision (d) of Section 26030 of the Penal Code. However, nothing
herein shall exempt the retired peace officer who contracts for his
or her services or the services of others as a private security
contractor.
(m) A licensed insurance adjuster in performing his or her duties
within the scope of his or her license as an insurance adjuster.
(n) A savings association subject to the jurisdiction of the
Commissioner of Financial Institutions or the Office of Thrift
Supervision.
(o) A
secured creditor engaged in the repossession of the creditor's
collateral and a lessor engaged in the repossession of leased
property in which it claims an interest.
(p) A peace officer in his or her official police uniform acting
in accordance with subdivisions (c) and (d) of Section 70 of the
Penal Code.
(q) An unarmed, uniformed security person employed exclusively and
regularly by a motion picture studio facility employer who does not
provide contract security services for other entities or persons in
connection with the affairs of that employer only and where there
exists an employer-employee relationship if that person at no time
carries or uses a deadly weapon, as defined in subdivision (a), in
the performance of his or her duties, which may include, but are not
limited to, the following business purposes:
(1) The screening and monitoring access of employees of the same
employer.
(2) The screening and monitoring access of prearranged and
preauthorized invited guests.
(3) The screening and monitoring of vendors and suppliers.
(4) Patrolling the private property facilities for the safety and
welfare of all who have been legitimately authorized to have access
to the facility.
(r) The changes made to this section by the act adding this
subdivision during the 2005-06 Regular Session of the Legislature
shall apply as follows:
(1) On and after July 1, 2006, to a person hired as a security
officer on and after January 1, 2006.
(2) On and after January 1, 2007, to a person hired as a security
officer before January 1, 2006.
SEC. 15. Section 7582.20 of the Business and Professions Code is
amended to read:
7582.20. (a) (1) Every advertisement by a licensee soliciting or
advertising business shall contain his or her name, address, and
license number as they appear in the records of the bureau. For the
purpose of this section, "advertisement" includes any business card,
stationery, brochure, flyer, circular, newsletter, fax form, printed
or published paid advertisement in any media form, telephone book
listing, Internet Web site, or social media. Every advertisement by a
licensee soliciting or advertising the licensee's business shall
contain his or her business name, business address or business
telephone number, and license number, as they appear in the records
of the bureau.
(2) For purposes of this subdivision, "social media" means an
electronic service or account, or electronic content, including, but
not limited to, videos, still photographs, blogs, video blogs,
podcasts, instant and text messages, e-mail, online services or
accounts, or Internet Web site profiles or locations.
(b) The director may assess a fine of two hundred fifty dollars
($250) per violation of subdivision (a).
SEC. 16. Section 7582.22 of the Business and Professions Code is
amended to read:
7582.22. (a) The business of each licensee shall be operated
under the active direction, control, charge, or management, in this
state, of the licensee, if he or she is qualified, or the person who
is qualified to act as the licensee's manager, if the licensee is not
qualified. Any licensee conducting business in this state whose
primary office is located outside of this state shall do both of the
following:
(1) Maintain an office in this state operated under the active
direction, control, charge, or management of a qualified manager.
(2) Maintain at the office in this state all records required
under this chapter and under rules adopted by the bureau.
(b) No person shall act as a qualified manager of a licensee until
he or she has complied with each of the following:
(1) Demonstrated his or her qualifications by a written or oral
examination, or a combination of both, if required by the director.
(2) Made a satisfactory showing to the director that he or she has
the qualifications prescribed in Section 7582.8 and that none of the
facts stated in Section 7582.24 or 7582.25 exist as to him or her.
(3) Has 2080 hours of experience as a security guard. An
equivalent amount of military experience may be substituted for this
requirement.
(4) Is currently registered as a security guard.
(5) Has 2080 hours of experience as a manager of a security
contractor.
(c) A qualified manager may not be employed as a qualified manager
by more than five corporations or other business entities
simultaneously.
SEC. 17. Section 7582.26 of the Business and Professions Code is
amended to read:
7582.26. (a) Any licensee or officer, director, partner, or
manager of a licensee may divulge to any law enforcement officer or
district attorney, or his or her representative, any information he
or she may acquire as to any criminal offense, but he or she shall
not divulge to any other person, except as he or she may be required
by law so to do, any information acquired by him or her except at the
direction of the employer or client for whom the information was
obtained.
(b) No licensee or officer, director, partner, manager, or
employee of a licensee shall knowingly make any false report to his
or her employer or client for whom information was being obtained.
(c) No written report shall be submitted to a client except by the
licensee, qualifying manager, or a person authorized by one or
either of them, and the person submitting the report shall exercise
diligence in ascertaining whether or not the facts and information in
the report are true and correct.
(d) No licensee, or officer, director, partner, manager, or
employee of a licensee, shall use a title, or wear a uniform, or use
an insignia, or use an identification card, or make any statement
with the intent to give an impression that he or she is connected in
any way with the federal government, a state government, or any
political subdivision of a state government.
(e) No licensee, or officer, director, partner, manager, or
employee of a licensee, shall enter any private building or portion
thereof, except premises commonly accessible to the public, without
the consent of the owner or of the person in legal possession
thereof.
(f) (1) No private security contractor or officer, director,
partner, manager, or employee of a private patrol licensee shall use
or wear a badge, except while engaged in guard or patrol work and
while wearing a distinctive uniform. A uniform may include
military or police styles. A private security contractor or
officer, director, partner, manager, or employee of a private
security contractor wearing a distinctive uniform shall wear a patch
on each shoulder of his or her uniform that reads "private security"
and that includes the name of the private security contractor by
which the person is employed or for which the person is a
representative and a badge or cloth patch on the upper left breast of
the uniform. All patches and badges worn on a distinctive uniform
shall be of a standard design approved by the director and shall be
clearly visible. A private security contractor or officer, director,
partner, manager, or employee of a private security contractor, who
is unarmed, may wear a business suit, blazer, or polo shirt provided
that the person also displays a company issued photo identification
designating the person's name, employing company, and employee
number, which may be used in lieu of the other badge and patch
requirements. The bureau may adopt regulations to further
clarify and define what constitutes a distinctive uniform for
purposes of this section.
(2) The director may assess a fine of two hundred fifty dollars
($250) per violation of this subdivision.
(g) No licensee shall permit an employee or agent in his or her
own name to advertise, engage clients, furnish reports or present
bills to clients, or in any manner whatever conduct business for
which a license is required under this chapter. All business of the
licensee shall be conducted in the name of and under the control of
the licensee.
(h) No licensee shall use a fictitious name in connection with the
official activities of the licensee's business.
(i) No private security contractor or officer, director, partner,
or manager of a private security contractor, or person required to be
registered as a security guard pursuant to this chapter shall use or
wear a baton or exposed firearm as authorized by this chapter unless
he or she is wearing a uniform which complies with the requirements
of Section 7582.27.
SEC. 18. Section 7582.27 of the Business and Professions Code is
amended to read:
7582.27. (a) Any person referred to in subdivision (i) of Section
7582.26 who uses or wears a baton or exposed firearm as authorized
pursuant to this chapter shall wear a patch on each arm that reads
"private security" and that includes the name of the company by which
the person is employed or for which the person is a representative.
The patch shall be clearly visible at all times. The patches of a
private security contractor, or his or her employees or
representatives shall be of a standard design approved by the
director.
(b) The director may assess a fine of two hundred fifty dollars
($250) per violation of subdivision (a).
SEC. 19. Section 7582.3 of the Business and Professions Code is
amended to read:
7582.3. (a) Unless specifically exempted by Section 7582.2, no
person shall engage in the business of private security contractor,
as defined in Section 7582.1, unless that person has applied for and
received a license to engage in that business pursuant to this
chapter.
(b) Any person who violates any provision of this chapter or who
conspires with another person to violate any provision of this
chapter relating to private security contractor licensure, or who
knowingly engages a nonexempt unlicensed person is guilty of a
misdemeanor punishable by a fine of five thousand dollars ($5,000) or
by imprisonment in the county jail not to exceed one year, or by
both that fine and imprisonment.
(c) A proceeding to impose the fine specified in subdivision (b)
may be brought in any court of competent jurisdiction in the name of
the people of the State of California by the Attorney General or by
any district attorney or city attorney, or with the consent of the
district attorney, the city prosecutor in any city or city and county
having a full-time city prosecutor for the jurisdiction in which the
violation occurred. If the action is brought by the district
attorney, the penalty collected shall be paid to the treasurer of the
county in which the judgment is entered. If the action is brought by
a city attorney or city prosecutor, one-half of the penalty
collected shall be paid to the treasurer of the city in which the
judgment was entered and one-half to the treasurer of the county in
which the judgment was entered. If the action is brought by the
Attorney General, all of the penalty collected shall be deposited in
the Private Security Services Fund.
(d) Any person who: (1) acts as or represents himself or herself
to be a private security contractor under this chapter when that
person is not a licensee under this chapter; (2) falsely represents
that he or she is employed by a licensee under this chapter when that
person is not employed by a licensee under this chapter; (3) carries
a badge, identification card, or business card, indicating that he
or she is a licensee under this chapter when that person is not a
licensee under this chapter; (4) uses a letterhead or other written
or electronically generated materials indicating that he or she is a
licensee under this chapter when that person is not a licensee under
this chapter; or (5) advertises that he or she is a licensee under
this chapter when that person is not a licensee, is guilty of a
misdemeanor that is punishable by a fine of ten thousand dollars
($10,000) or by imprisonment in a county jail for not more than one
year, or by both that fine and imprisonment.
(e) A proceeding to impose the fine specified in subdivision (d)
may be brought in any court of competent jurisdiction in the name of
the people of the State of California by the Attorney General or by
any district attorney or city attorney, or with the consent of the
district attorney, the city prosecutor in any city or city and county
having a full-time city prosecutor for the jurisdiction in which the
violation occurred. If the action is brought by the district
attorney, the penalty collected shall be paid to the treasurer of the
county in which the judgment is entered. If the action is brought by
a city attorney or city prosecutor, one-half of the penalty
collected shall be paid to the treasurer of the city in which the
judgment was entered and one-half to the treasurer of the county in
which the judgment was entered. If the action is brought by the
Attorney General, all of the penalty collected shall be deposited in
the Private Security Services Fund.
(f) Any person who is convicted of a violation of the provisions
of this section shall not be issued a license under this chapter,
within one year following that conviction.
(g) Any person who is convicted of a violation of subdivision (a),
(b), or (d) shall not be issued a license for a period of one year
following a first conviction and shall not be issued a license for a
period of five years following a second or subsequent conviction of
subdivision (a), (b), or (d), or any combination of subdivision (a),
(b), or (d).
(h) The chief shall gather evidence of violations of this chapter
and of any rule or regulation established pursuant to this chapter by
persons engaged in the business of private security contractor who
fail to obtain licenses and shall gather evidence of violations and
furnish that evidence to prosecuting officers of any county or city
for the purpose of prosecuting all violations occurring within their
jurisdiction.
(i) The prosecuting officer of any county or city shall prosecute
all violations of this chapter occurring within his or her
jurisdiction.
SEC. 20. Section 7582.5 of the Business and Professions Code is
amended to read:
7582.5. (a) The provisions of this chapter shall not prevent the
local authorities of any city, county, or city and county, by
ordinance and within the exercise of the police power of the city,
county, or city and county from imposing local regulations upon any
street patrol service or street patrol special officers requiring
registration with an agency to be designated by the city, county, or
city and county, including in the registration full information as to
the identification and employment and subject to the right of the
city, county, or city and county to allocate certain portions of the
territory in the city, county, or city and county within which the
activities of any street patrol service or person shall be confined.
Any city, county, or city and county may refuse registration to any
person of bad moral character and may impose reasonable additional
requirements as are necessary to meet local needs and are not
inconsistent with the provisions of this chapter.
(b) The provisions of this chapter shall not prevent the local
authorities of any city, county, or city and county, by ordinance and
within the exercise of the police power of the city, county, or city
and county from imposing local regulations upon any employees of a
private security contractor who are unable to furnish evidence of
current registration pursuant to subdivision (f) of Section 7581.
(c) The provisions of this chapter shall not prevent the local
authorities of any city, county, or city and county, by ordinance and
within the exercise of the police power of the city, county, or city
and county from requiring private security contractors and their
employees to register their name and file a copy of their state
identification card with the city, county, or city and county. No fee
may be charged and no application may be required by the city,
county, or city and county for this registration.
(d) The provisions of this chapter shall not prevent the local
authorities in any city, county, or city and county, by ordinance and
within the exercise of the police power of the city, county, or city
and county from imposing reasonable additional requirements
necessary to regulate and control protection dogs according to their
local needs and not inconsistent with the provisions of this chapter.
SEC. 21. Section 7582.9 of the Business and Professions Code is
amended to read:
7582.9. The director may require an applicant or his or her
manager, to demonstrate his or her qualifications by a written or
oral examination, or a combination of both. The examination results
shall be valid for no more than seven years after expiration of the
license, unless reauthorized by the bureau.
SEC. 22. The heading of Article 4 (commencing with Section 7583)
of Chapter 11.5 of Division 3 of the Business and Professions Code is
amended to read:
Article 4. Private Security Contractors
SEC. 23. Section 7583 of the Business and Professions Code is
amended to read:
7583. For purposes of this article, "licensee" means a licensed
private security contractor.
SEC. 24. Section 7583.1 of the Business and Professions Code is
amended to read:
7583.1. (a) An applicant, or his or her manager, for a license as
a private security contractor shall have had at least one year of
experience as a patrolperson, guard, or watchman, or the equivalent
thereof as determined by the director. An applicant shall
substantiate the claimed year of qualifying experience and the exact
details as to the character and nature thereof by written
certifications from the employer, subject to independent verification
by the chief as he or she may determine. In the event of inability
of an applicant to supply the written certifications from the
employer in whole or in part, applicants may offer other written
certifications from other than employers substantiating employment
for consideration by the chief.
(b) An individual who, upon the determination of the chief, has
served in the armed services and possesses the proper skills may be
eligible to take the private security contractor licensing
examination. In that case the chief may waive any other required
training courses, as he or she determines. However, if the applicant
fails the licensing examination, the chief may not thereafter waive
completion of any required training courses.
SEC. 25. Section 7583.2 of the Business and Professions Code is
amended to read:
7583.2. No person licensed as a security contractor operator
shall do any of the following:
(a) Fail to properly maintain an accurate and current record of
all firearms or other deadly weapons that are in the possession of
the licensee or of any employee while on duty. Within seven days
after a licensee or his or her employees discover that a deadly
weapon that has been recorded as being in his or her possession has
been misplaced, lost, stolen, or is in any other way missing, the
licensee or his or her manager shall mail or deliver to any local law
enforcement agency that has jurisdiction, a written report
concerning the incident. The report shall describe fully the
circumstances surrounding the incident, any injuries or damages
incurred, the identity of all participants, and whether a police
investigation was conducted.
(b) Fail to properly maintain an accurate and current record of
the name, address, commencing date of employment, and position of
each employee, and the date of termination of employment when an
employee is terminated.
(c) Fail to properly maintain an accurate and current record of
proof of completion by each employee of the licensee of the course of
training in the exercise of the power to arrest as required by
Section 7583.5, the security officer skills training required by
subdivision (b) of Section 7583.6, and the annual practice and review
required by subdivision (f) of Section 7583.6.
(d) Fail to certify an employee's completion of the course of
training in the exercise of the power to arrest prior to placing the
employee at a duty station.
(e) Fail to certify proof of current and valid registration for
each employee who is subject to registration.
(f) Permit any employee to carry a firearm or other deadly weapon
without first ascertaining that the employee is proficient in the use
of each weapon to be carried. With respect to firearms, evidence of
proficiency shall include a certificate from a firearm training
facility approved by the director certifying that the employee is
proficient in the use of that specified caliber of firearm and a
current and valid firearm qualification permit issued by the
department. With respect to other deadly weapons, evidence of
proficiency shall include a certificate from a training facility
approved by the director certifying that the employee is proficient
in the use of that particular deadly weapon.
(g) Fail to deliver to the director a written report describing
fully the circumstances surrounding the discharge of any firearm, or
physical altercation with a member of the public while on duty, by a
licensee or any officer, partner, or employee of a licensee while
acting within the course and scope of his or her employment within
seven days after the incident. For the purposes of this subdivision,
a report shall be required only for physical altercations that result
in any of the following: (1) the arrest of a security guard, (2) the
filing of a police report by a member of the public, (3) injury on
the part of a member of the public that requires medical attention,
or (4) the discharge, suspension, or reprimand of a security guard by
his or her employer. The report shall include, but not be limited
to, a description of any injuries or damages incurred, the identity
of all participants, and whether a police investigation was
conducted. Any report may be investigated by the director to
determine if any disciplinary action is necessary.
(h) Fail to notify the bureau in writing and within 30 days that a
manager previously qualified pursuant to this chapter is no longer
connected with the licensee.
(i) Fail to administer to each registered employee of the
licensee, the review or practice training required by subdivision (f)
of Section 7583.6.
SEC. 26. Section 7583.21 of the Business and Professions Code is
amended to read:
7583.21. The registration of a security guard shall be
automatically suspended if the guard is convicted of any crime which
is substantially related to the functions, duties, and
responsibilities of a security guard. The automatic suspension shall
be effectuated by the mailing of a notice of conviction and
suspension of license to be sent by the bureau to the registered
guard at his or her address of record. A copy of the notice shall be
sent to the private security contractor employing the guard with
notice that the employer shall suspend any and all employment of the
guard forthwith. The notice shall contain a statement of preliminary
determination by the director or his or her designee that the crime
stated is reasonably related to the functions, duties, and
responsibilities of a security guard. Upon proper request by the
guard, a hearing shall be convened within 60 days of the request,
before the private security disciplinary review committee, as
specified in Section 7581.3, for a determination as to whether the
automatic suspension shall be made permanent or whether the
registration shall be revoked or the guard otherwise disciplined.
In enacting this provision, the Legislature finds and declares
that registered guards convicted of the commission of crimes
reasonably related to the functions, duties, and responsibilities of
a security guard shall be subject to automatic suspension of their
license and that summary suspension is justified by compelling state
interests of public safety and security within the meaning of the
California Supreme Court's decision in Eye Dog Foundation v. State
Board of Guide Dogs for the Blind, 67 Cal. 2d 536.
SEC. 27. Section 7583.38 of the Business and Professions Code is
amended to read:
7583.38. A city, county, or city and county may regulate the
uniforms and insignias worn by uniformed employees of a private
security contractor and vehicles used by a private security
contractor to make the uniforms and vehicles clearly distinguishable
from the uniforms worn by, and the vehicles used by, local regular
law enforcement officers.
SEC. 28. Section 7583.39 of the Business and Professions Code is
amended to read:
7583.39. No private security contractor who employs a security
guard who carries a firearm as part of his or her duties shall engage
in any of the practices for which he or she is required to be
licensed by this chapter, unless he or she maintains an insurance
policy as defined in Section 7583.40.
SEC. 29. Section 7583.42 of the Business and Professions Code is
amended to read:
7583.42. The failure of a private security contractor to maintain
an insurance policy as required by this article shall constitute
grounds for the suspension of the private security contractor's
license.
SEC. 30. Section 7583.46 of the Business and Professions Code is
amended to read:
7583.46. (a) (1) It shall be a violation of Section 1102.5 of the
Labor Code for a private security contractor to discharge, demote,
threaten, or in any manner discriminate against an employee in the
terms and conditions of his or her employment, for disclosing
information or causing information to be disclosed, to a government
or law enforcement agency, when the information is related to conduct
proscribed in this chapter.
(2) A private security contractor who intentionally violates this
subdivision shall be liable in an action for damages brought against
him or her by the injured party.
(b) A person who believes that he or she has been discharged,
demoted, threatened, or in any other manner discriminated against in
the terms and conditions of his or her employment, because that
person disclosed or caused information to be disclosed to a
government or law enforcement agency, may bring a claim against the
private security contractor within three years of the date of the
discharge, demotion, threat, or discrimination.
(c) Neither the bureau nor the department is responsible for
resolving claims under this section.
SEC. 31. Section 7583.6 of the Business and Professions Code is
amended to read:
7583.6. (a) A person entering the employ of a licensee to perform
the functions of a security guard or a security patrolperson shall
complete a course in the exercise of the power to arrest prior to
being assigned to a duty location.
(b) Except for a registrant who has completed the course of
training required by Section 7583.45, a person registered pursuant to
this chapter shall complete not less than 32 hours of training in
security officer skills within six months from the date the
registration card is issued. Sixteen of the 32 hours shall be
completed within 30 days from the date the registration card is
issued.
(c) A course provider shall issue a certificate to a security
guard upon satisfactory completion of a required course, conducted in
accordance with the department's requirements. A private security
contractor may provide training programs and courses in addition to
the training required in this section. A registrant who is unable to
provide his or her employing licensee the certificate of satisfactory
completion required by this subdivision shall complete 16 hours of
the training required by subdivision (b) within 30 days of the date
of his employment and shall complete the 16 remaining hours within
six months of his or her employment date.
(d) The department shall develop and approve by regulation a
standard course and curriculum for the skills training required by
subdivision (b) to promote and protect the safety of persons and the
security of property. For this purpose, the department shall consult
with consumers, labor organizations representing private security
officers, private security contractors, educators, and subject matter
experts.
(e) The course of training required by subdivision (b) may be
administered, tested, and certified by any licensee, or by any
organization or school approved by the department. The department may
approve any person or school to teach the course.
(f) (1) On and after January 1, 2005, a licensee shall annually
provide each employee registered pursuant to this chapter with eight
hours of specifically dedicated review or practice of security
officer skills prescribed in either course required in Section 7583.6
or 7583.7.
(2) A licensee shall maintain at the principal place of business
or branch office a record verifying completion of the review or
practice training for a period of not less than two years. The
records shall be available for inspection by the bureau upon request.
(g) This section does not apply to a peace officer as defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the
Penal Code who has successfully completed a course of study in the
exercise of the power to arrest approved by the Commission on Peace
Officer Standards and Training. This section does not apply to
armored vehicle guards.
SEC. 32. Section 7583.7 of the Business and Professions Code is
amended to read:
7583.7. (a) The course of training in the exercise of the power
to arrest may be administered, tested, and certified by any licensee
or by any organization or school approved by the department. The
department may approve any person or school to teach the course in
the exercise of the power to arrest. The course of training shall be
approximately eight hours in length and shall cover the following
topics:
(1) Responsibilities and ethics in citizen arrest.
(2) Relationship between a security guard and a peace officer in
making an arrest.
(3) Limitations on security guard power to arrest.
(4) Restrictions on searches and seizures.
(5) Criminal and civil liabilities.
(A) Personal liability.
(B) Employer liability.
(6) Trespass law.
(7) Ethics and communications.
(8) Emergency situation response, including response to medical
emergencies.
(9) Security officer safety.
(10) Any other topic deemed appropriate by the bureau.
(b) The majority of the course shall be taught by means of verbal
instruction. This instruction may include the use of a video
presentation.
(c) The department shall make available a guidebook as a standard
for teaching the course in the exercise of the power to arrest. The
department shall encourage additional training and may provide a
training guide recommending additional courses to be taken by
security personnel.
(d) Private security contractors shall provide a copy of the
guidebook described in subdivision (c) to each person that they
currently employ as a security guard and to each individual that they
intend to hire as a security guard. The private security contractor
shall provide the guidebook to each person he or she intends to hire
as a security guard a reasonable time prior to the time the person
begins the course in the exercise of the power to arrest.
(e) The bureau may inspect, supervise, or view the administration
of the test at any time and without any prior notification. Any
impropriety in the administration of the course or the test shall
constitute grounds for disciplinary action.
(f) This section shall become operative on July 1, 2004.
SEC. 33. Section 7583.9 of the Business and Professions Code is
amended to read:
7583.9. (a) Upon accepting employment by a private security
contractor, any employee who performs the function of a security
guard or security patrolperson who is not currently registered with
the bureau, shall complete an application for registration on a form
as prescribed by the director, and obtain two classifiable
fingerprint cards for submission to the Department of Justice. The
applicant shall submit the application, the registration fee, and his
or her fingerprints to the bureau. The bureau shall forward the
classifiable fingerprint cards to the Department of Justice. The
Department of Justice shall forward one classifiable fingerprint card
to the Federal Bureau of Investigation for purposes of a background
check.
(b) If a private security contractor pays the application fee on
behalf of the applicant, nothing in this section shall preclude the
private security contractor from withholding the amount of the fee
from the applicant's compensation.
(c) The licensee shall maintain supplies of applications and
fingerprint cards that shall be provided by the bureau upon request.
(d) In lieu of classifiable fingerprint cards provided for in this
section, the bureau may authorize applicants to submit their
fingerprints into an electronic fingerprinting system administered by
the Department of Justice. Applicants who submit their fingerprints
by electronic means shall have their fingerprints entered into the
system through a terminal operated by a law enforcement agency or
other facility authorized by the Department of Justice to conduct
electronic fingerprinting. The enforcement agency responsible for
operating the terminal may charge a fee sufficient to reimburse it
for the costs incurred in providing this service.
(e) Upon receipt of an applicant's electronic or hard card
fingerprints as provided in this section, the Department of Justice
shall disseminate the following information to the bureau:
(1) Every conviction rendered against the applicant.
(2) Every arrest for an offense for which the applicant is
presently awaiting trial, whether the applicant is incarcerated or
has been released on bail or on his or her own recognizance pending
trial.
(f) (1) The requirement in subdivision (a) to submit a fingerprint
card does not apply to any of the following:
(A) A currently employed, full-time peace officer holding peace
officer status under Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2 of the Penal Code.
(B) A level I or level II reserve officer under paragraphs (1) and
(2) of subdivision (a) of Section 832.6 of the Penal Code.
(2) An individual listed in subparagraph (A) or (B) of paragraph
(1) may immediately perform the functions of a security guard or
security patrolperson provided that he or she has submitted an
application, the applicable fees, and his or her fingerprints, if
required to submit fingerprints pursuant to subdivision (a), to the
bureau for a security guard registration.
(3) This subdivision does not apply to a peace officer required to
obtain a firearm qualification card pursuant to Section 7583.12.
(g) Peace officers exempt from the submission of classifiable
fingerprints pursuant to subdivision (f) shall submit verification of
their active duty peace officer status to the bureau with their
application for registration. A photocopy of the front and back of
their peace officer identification badge shall be adequate
verification.
(h) Peace officers exempt from the submission of classifiable
fingerprints pursuant to subdivision (f) shall report a change in
their active duty peace officer status to the bureau within 72 hours
of the change in active duty peace officer status.
(i) (1) Peace officers exempt from obtaining a firearm
qualification card pursuant to subdivision (c) of Section 7583.12
shall submit to the bureau with their application for registration a
letter of approval from his or her primary employer authorizing him
or her to carry a firearm while working as a security guard or
security officer.
(2) For purposes of this section, "primary employer" means a
public safety agency currently employing a peace officer subject to
this section.
(j) In addition to the amount authorized pursuant to Section
7570.1, the bureau may impose an additional fee not to exceed three
dollars ($3) for processing classifiable fingerprint cards submitted
by applicants excluding those submitted into an electronic
fingerprint system using electronic fingerprint technology.
(k) An employee shall, on the first day of employment, display to
the client his or her registration card if it is feasible and
practical to comply with this disclosure requirement. The employee
shall thereafter display to the client his or her registration card
upon the request of the client.
SEC. 34. Section 7586 of the Business and Professions Code is
amended to read:
7586. A private security contractor license, branch office
certificate, and pocket card issued under this chapter expires two
years following the date of issuance or on the assigned renewal date.
Every private security contractor issued a license under this
chapter that expires on or after January 1, 1997, and who is also
issued or renews a firearms qualification card on or after January 1,
1997, shall be placed on a cyclical renewal so that the license
expires on the expiration date of the firearms qualification card.
Notwithstanding any other provision of law, the bureau is authorized
to extend or shorten the first term of licensure following January 1,
1997, and to prorate the required license fee in order to implement
this cyclical renewal.
SEC. 35. Section 7588 of the Business and Professions Code is
amended to read:
7588. The fees prescribed by this chapter are as follows:
(a) The application and examination fee for an original license
for a private security contractor may not exceed five hundred dollars
($500).
(b) The application fee for an original branch office certificate
for a private security contractor may not exceed two hundred fifty
dollars ($250).
(c) The fee for an original license for a private security
contractor may not exceed seven hundred dollars ($700).
(d) The renewal fee is as follows:
(1) For a license as a private security contractor, the fee may
not exceed seven hundred dollars ($700).
(2) For a combination license as a private investigator under
Chapter 11.3 (commencing with Section 7512) and private security
contractor, AC or DC prefix, the fee may not exceed six hundred
dollars ($600).
(3) For a branch office certificate for a combination private
investigator under Chapter 11.3 (commencing with Section 7512) and
private security contractor, the fee may not exceed forty dollars
($40), and for a private security contractor, the fee may not exceed
seventy-five dollars ($75).
(e) The delinquency fee is 50 percent of the renewal fee in effect
on the date of expiration.
(f) A reinstatement fee is equal to the amount of the renewal fee
plus the regular delinquency fee.
(g) The fee for reexamination of an applicant or his or her
manager shall be the actual cost to the bureau for developing,
purchasing, grading, and administering each examination.
(h) Registration fees pursuant to this chapter are as follows:
(1) A registration fee for a security guard shall not exceed fifty
dollars ($50).
(2) A security guard registration renewal fee shall not exceed
thirty-five dollars ($35).
(i) Fees to carry out other provisions of this chapter are as
follows:
(1) A firearms qualification fee may not exceed eighty dollars
($80).
(2) A firearms requalification fee may not exceed sixty dollars
($60).
(3) An initial baton certification fee may not exceed fifty
dollars ($50).
(4) An application fee and renewal fee for certification as a
firearms training facility or a baton training facility may not
exceed five hundred dollars ($500).
(5) An application fee and renewal fee for certification as a
firearms training instructor or a baton training instructor may not
exceed two hundred fifty dollars ($250).
SEC. 36. Section 7590.3 of the Business and Professions Code is
amended to read:
7590.3. This chapter does not apply to:
(a) A person employed exclusively and regularly by any employer
who does not provide contract alarm services for other entities or
persons, in connection with the affairs of that employer only and
where there exists an employer-employee relationship. A person so
employed shall at no time carry or use any deadly weapon in the
performance of his or her duties.
(b) An officer or employee of the United States of America, or of
this state or a political subdivision thereof, while the officer or
employee is engaged in the performance of his or her official duties,
including uniformed peace officers employed part time by a public
agency pursuant to a written agreement between a chief of police or
sheriff and the public agency.
(c) Patrol special police officers appointed by the police
commission of any city, county, or city and county under the express
terms of its charter.
(d) A licensed private security contractor or any employee of a
licensed private security contractor who is employed as a security
guard, security officer, or street patrol person as defined in
Section 7582.1 and who is employed to respond to alarm systems.
SEC. 37. Section 53069.8 of the Government Code is amended to
read:
53069.8. (a) The board of supervisors of any county may contract
on behalf of the sheriff of that county, and the legislative body of
any city may contract on behalf of the chief of police of that city,
to provide supplemental law enforcement services to:
(1) Private individuals or private entities to preserve the peace
at special events or occurrences that happen on an occasional basis.
(2) Private nonprofit corporations that are recipients of federal,
state, county, or local government low-income housing funds or
grants to preserve the peace on an ongoing basis.
(3) Private entities at critical facilities on an occasional or
ongoing basis. A "critical facility" means any building, structure,
or complex that in the event of a disaster, whether natural or
manmade, poses a threat to public safety, including, but not limited
to, airports, oil refineries, and nuclear and conventional fuel
powerplants.
(b) Contracts entered into pursuant to this section shall provide
for full reimbursement to the county or city of the actual costs of
providing those services, as determined by the county auditor or
auditor-controller, or by the city, as the case may be.
(c) (1) The services provided pursuant to this section shall be
rendered by regularly appointed full-time peace officers, as defined
in Section 830.1 of the Penal Code.
(2) Notwithstanding paragraph (1), services provided in connection
with special events or occurrences, as specified in paragraph (1) of
subdivision (a), may be rendered by reserve peace officers, as
defined in paragraph (2) of subdivision (a) of Section 830.6 of the
Penal Code, who are authorized to exercise the powers of a peace
officer, as defined in Section 830.1 of the Penal Code, if there are
no regularly appointed full-time peace officers available to fill the
positions as required in the contract.
(d) Peace officer rates of pay shall be governed by a memorandum
of understanding.
(e) A contract entered into pursuant to this section shall
encompass only law enforcement duties and not services authorized to
be provided by a private security contractor, as defined in Section
7582.1 of the Business and Professions Code.
(f) Contracting for law enforcement services, as authorized by
this section, shall not reduce the normal and regular ongoing service
that the county, agency of the county, or city otherwise would
provide.
(g) Prior to contracting for ongoing services under paragraph (2)
or (3) of subdivision (a), the board of supervisors or legislative
body, as applicable, shall discuss the contract and the requirements
of this section at a duly noticed public hearing.
SEC. 38. Section 512 of the Labor Code is amended to read:
512. (a) An employer may not employ an employee for a work period
of more than five hours per day without providing the employee with
a meal period of not less than 30 minutes, except that if the total
work period per day of the employee is no more than six hours, the
meal period may be waived by mutual consent of both the employer and
employee. An employer may not employ an employee for a work period of
more than 10 hours per day without providing the employee with a
second meal period of not less than 30 minutes, except that if the
total hours worked is no more than 12 hours, the second meal period
may be waived by mutual consent of the employer and the employee only
if the first meal period was not waived.
(b) Notwithstanding subdivision (a), the Industrial Welfare
Commission may adopt a working condition order permitting a meal
period to commence after six hours of work if the commission
determines that the order is consistent with the health and welfare
of the affected employees.
(c) Subdivision (a) does not apply to an employee in the wholesale
baking industry who is subject to an Industrial Welfare Commission
wage order and who is covered by a valid collective bargaining
agreement that provides for a 35-hour workweek consisting of five
7-hour days, payment of one and one-half times the regular rate of
pay for time worked in excess of seven hours per day, and a rest
period of not less than 10 minutes every two hours.
(d) If an employee in the motion picture industry or the
broadcasting industry, as those industries are defined in Industrial
Welfare Commission Wage Order Numbers 11 and 12, is covered by a
valid collective bargaining agreement that provides for meal periods
and includes a monetary remedy if the employee does not receive a
meal period required by the agreement, then the terms, conditions,
and remedies of the agreement pertaining to meal periods apply in
lieu of the applicable provisions pertaining to meal periods of
subdivision (a) of this section, Section 226.7, and Industrial
Welfare Commission Wage Order Numbers 11 and 12.
(e) Subdivisions (a) and (b) do not apply to an employee specified
in subdivision (f) if both of the following conditions are
satisfied:
(1) The employee is covered by a valid collective bargaining
agreement.
(2) The valid collective bargaining agreement expressly provides
for the wages, hours of work, and working conditions of employees,
and expressly provides for meal periods for those employees, final
and binding arbitration of disputes concerning application of its
meal period provisions, premium wage rates for all overtime hours
worked, and a regular hourly rate of pay of not less than 30 percent
more than the state minimum wage rate.
(f) Subdivision (e) applies to each of the following employees:
(1) An employee employed in a construction occupation.
(2) An employee employed as a commercial driver.
(3) An employee 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, and who is employed by a private security
contractor registered pursuant to that chapter.
(4) An employee employed by an electrical corporation, a gas
corporation, or a local publicly owned electric utility.
(g) The following definitions apply for the purposes of this
section:
(1) "Commercial driver" means an employee who operates a vehicle
described in Section 260 or 462 of, or subdivision (b) of Section
15210 of, the Vehicle Code.
(2) "Construction occupation" means all job classifications
associated with construction by Article 2 (commencing with Section
7025) of Chapter 9 of Division 3 of the Business and Professions
Code, including work involving alteration, demolition, building,
excavation, renovation, remodeling, maintenance, improvement, and
repair, and any other similar or related occupation or trade.
(3) "Electrical corporation" has the same meaning as provided in
Section 218 of the Public Utilities Code.
(4) "Gas corporation" has the same meaning as provided in Section
222 of the Public Utilities Code.
(5) "Local publicly owned electric utility" has the same meaning
as provided in Section 224.3 of the Public Utilities Code.
SEC. 39. Section 11105.4 of the Penal Code is amended to read:
11105.4. (a) Notwithstanding any other provision of law, a
contract or proprietary security organization may request any
criminal history information concerning its prospective employees
that may be furnished pursuant to subdivision (n) of Section 11105.
(b) The Department of Justice shall promulgate regulations to
assure that criminal record information is not released to persons or
entities not authorized to receive the information under this
section.
(c) Any criminal history information obtained pursuant to this
section shall be subject to the same requirements and conditions that
the information is subject to when obtained by a human resource
agency or a bank.
(d) The Legislature finds that contract security organizations and
private security organizations often provide security service for
financial institutions and human resource agencies, and,
consequently, they have the same need for criminal history
information as do those entities. Therefore, the Legislature intends
to provide authority for contract security organizations and
proprietary security organizations to obtain criminal history
information to the extent that financial institutions and human
resource agencies have that authority concerning their own employees.
(e) As used in this section, "contract security organization"
means a person, business, or organization licensed to provide
services as a private security contractor, as defined in subdivision
(a) of Section 7582.1 of the Business and Professions Code.
As used in this section, "proprietary security organization" means
an organization within a business entity that has the primary
responsibility of protecting the employees and property of its
employer, and which allocates a substantial part of its annual budget
to providing security and protective services for its employer,
including providing qualifying and in-service training to members of
the organization.
(f) Any criminal history information obtained pursuant to this
section is confidential and no recipient shall disclose its contents
other than for the purpose for which it was acquired.
SEC. 40. Section 22835 of the Penal Code is amended to read:
22835. Notwithstanding any other provision of law, a person
holding a license as a private investigator pursuant to Chapter 11.3
(commencing with Section 7512) of Division 3 of the Business and
Professions Code, or as a private security contractor pursuant to
Chapter 11.5 (commencing with Section 7580) of Division 3 of the
Business and Professions Code, or a uniformed patrolperson employee
of a private security contractor, may purchase, possess, or transport
any tear gas weapon, if it is used solely for defensive purposes in
the course of the activity for which the license was issued and if
the person has satisfactorily completed a course of instruction
approved by the Department of Consumer Affairs in the use of tear
gas.
SEC. 41. Section 120220.5 of the Public Utilities Code is amended
to read:
120220.5. The board may provide and maintain by contract with a
public agency or by other means, a security force to enforce its
regulations, to preserve and protect any public transit system or
project financed pursuant to this division, and to preserve and
protect the public peace, health, and safety with respect to its
system or projects. Alternatively, the board may contract with a
private security contractor licensed pursuant to Chapter 11.5
(commencing with Section 7580) of Division 3 of the Business and
Professions Code, with the county sheriff and municipal police
departments within the areas described in Section 120054, and with
other transit development boards for security, police, and related
services.
SEC. 42. Section 125220 of the Public Utilities Code is amended to
read:
125220. The district may make contracts and enter into
stipulations of any nature whatsoever, either in connection with
eminent domain proceedings or otherwise, including, but not limited
to, contracts and stipulations to indemnify and save harmless, to
employ labor, to contract with a private security contractor licensed
pursuant to Chapter 11.5 (commencing with Section 7580) of Division
3 of the Business and Professions Code, the county sheriff and
municipal police departments within the areas described in Section
125052, and other transit development boards for security, police,
and related services, and to do all acts necessary and convenient for
the full exercise of the powers granted in this division.