BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1241|
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UNFINISHED BUSINESS
Bill No: SB 1241
Author: Figueroa (D)
Amended: 8/27/02
Vote: 21
SENATE BUSINESS & PROFESSIONS COMMITTEE : 5-0, 4/22/02
AYES: Figueroa, Johannessen, Machado, O'Connell, Polanco
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 28-8, 5/23/02
AYES: Alarcon, Alpert, Bowen, Burton, Chesbro, Costa,
Dunn, Escutia, Figueroa, Johannessen, Karnette, Kuehl,
Machado, Margett, McPherson, Murray, O'Connell, Ortiz,
Peace, Perata, Polanco, Romero, Scott, Sher, Soto,
Speier, Torlakson, Vasconcellos
NOES: Ackerman, Battin, Brulte, Haynes, Knight,
McClintock, Oller, Poochigian
ASSEMBLY FLOOR : 53-23, 8/28/02 - See last page for vote
SUBJECT : Private security services
SOURCE : Author
DIGEST : This bill deletes the provisions relating to
temporary registration cards for security guards and
requires that a background check be completed and a
determination made by the Bureau of Security and
Investigative Services prior to the issuance of a
registration card.
CONTINUED
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Assembly Amendments add the following provisions:
1.Allow a currently-employed full-time peace officer to
work as a security guard immediately after submitting
their application, fees, and fingerprints for state
registration.
2.Allow individuals to work as security guards pending
receipt of their registration card, if they carry a copy
of the state's approval document and a valid picture
identification.
3.Add provisions to prevent chaptering out problems with AB
248 (Correa), AB 1840 (Diaz), and AB 2880 (Chavez).
ANALYSIS :
Existing law:
1.The Private Security Services Act, provides for the
licensing and regulation of private patrol operators and
the registration and regulation of security guards by the
Bureau of Security and Investigative Services (Bureau)
within the State Department of Consumer Affairs (DCA).
2.Defines a private patrol operator (PPO) as a person who,
for any consideration, furnishes a watchman, guard,
patrol person or other person to protect persons or
property.
3.Defines a security guard or security officer as an
employee of a PPO whose job duties include protecting
persons or property.
4.Provides, until June 30, 2003, for the issuance of a
temporary registration card indicating completion of the
power to arrest course, by the PPO or training facility,
until the Bureau issues a registration card or denies the
application for registration.
5.Prohibits an employee who has been convicted of a crime
from being issued a temporary registration card or
working as a guard until the Bureau issues a permanent
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registration card.
This bill deletes the provisions relating to temporary
registration cards for security guards and requires that a
background check be completed and a determination made by
the Bureau prior to the issuance of a registration card.
Comments
According to the author's office, this bill is intended to
eliminate the temporary guard card as soon as possible.
The author states the need to balance consumer protection
and industry business interests, and estimates that the
Bureau will be prepared to process guard applications
within a reasonable time prior to the current June 30, 2003
deadline. The author's office believes that the
long-standing practice of issuing a temporary guard card
prior to a background check being completed is a
significant threat to consumer protection.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/29/02)
Office of the Attorney General
City of Los Angeles
Los Angeles County District Attorney's Office
Peace Officers Research Association of California
OPPOSITION : (Verified 8/29/02)
California Association of Licensed Security Agencies,
Guards & Associates
Homeland Security Management, LLC
Guardian Security Agency
Burns International Security Services
National Association of Security Companies
Contract Security, Inc.
King Security Services, Inc.
Woodside & Portola Private Patrol
ARGUMENTS IN SUPPORT : In their letter of support, the
Service Employees International Union (SEIU) argues that
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the temporary license violates public trust and the
reputation of private security. SEIU states that 5% of the
time it creates fraudulent security and puts honest guards
and the public at risk of life and property. According to
SEIU, with the increased reliance on private security after
the terrorist attack on the New York World Trade Center,
California can no longer tolerate the temporary guard
license. SEIU states that SB 1241 would do what should
have been done long ago: require all security guard
applicants to undergo the currently required background
check prior to the issuance of a license by the state.
In their letter of support, the American Federation of
State, County and Municipal Employees (AFSCME) states that
SB 1241 seeks to ease the allowance of temporary
registration cards, for they decrease the level of security
in the Bureau's registration process. AFSCME argues that
as it currently stands, individuals could be working as
patrol personnel in residential areas without a single
background check. AFSCME believes that such an unmonitored
circumstance could have devastating effects on the
communities and residents of California.
ARGUMENTS IN OPPOSITION : In their letter of opposition,
the California Association of Licensed Security Agencies,
Guards & Associates (CALSAGA) chronicles their support for
Senator Figueroa's SB 2123 and SB 722. However, they also
express their fear that if this bill moves forward as an
urgency bill, the Bureau will not be in a position to
complete the application process and obtain timely criminal
history clearances on potential employees that is necessary
for the industry. The result would be detrimental and
destructive to the private security industry. CALSAGA is
concerned that their members will not be able to hire new
employees to meet their clients demand for new and
increased services nor will they be able to hire
replacements for existing contractual obligations causing
them to lose business.
CALSAGA states that they are also concerned about the
accessibility and availability of Live Scan. The PPO
experience is that availability and accessibility of
Live Scan does not meet their needs. Each PPO who has
responded to requests for Live Scan accessibility and
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availability information, except one (where there is a
6 day a week, walk-in availability) states clearly
that the delays in getting appointment times and
distance to Live Scan sites makes it impossible to use
the process for timely hiring practices. Guard
applicants can not wait for one or two weeks to get an
appointment, as is the case in many locales. Because
of varying payment requirements of Live Scan sites, it
will be challenging to PPOs and applicants to arrange
for the proper payment methodology.
ASSEMBLY FLOOR :
AYES: Alquist, Aroner, Ashburn, Calderon, Bill Campbell,
John Campbell, Canciamilla, Cardoza, Cedillo, Chan,
Chavez, Chu, Cohn, Corbett, Correa, Diaz, Dutra,
Firebaugh, Florez, Frommer, Goldberg, Havice, Hertzberg,
Horton, Jackson, Keeley, Kehoe, Kelley, Koretz, Liu,
Longville, Lowenthal, Maldonado, Matthews, Migden,
Nakano, Nation, Negrete McLeod, Oropeza, Pavley,
Pescetti, Reyes, Salinas, Shelley, Simitian, Steinberg,
Strom-Martin, Thomson, Vargas, Washington, Wayne,
Wiggins, Wright
NOES: Aanestad, Bates, Bogh, Briggs, Cogdill, Cox,
Daucher, Dickerson, Harman, Hollingsworth, La Suer,
Leach, Leonard, Leslie, Maddox, Mountjoy, Robert Pacheco,
Rod Pacheco, Richman, Strickland, Wyland, Wyman, Zettel
CP:cm 8/29/02 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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