BILL ANALYSIS
SB 666
Page 1
Date of Hearing: July 3, 2007
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Mike Eng, Chair
SB 666 (Maldonado) - As Amended: June 28, 2007
SENATE VOTE : 31-2
SUBJECT : Proprietary security services.
SUMMARY : Requires proprietary private security officers (PPSOs)
to complete the same training requirements as contract security
officers (CSOs). Specifically, this bill :
1)Requires persons entering into employment as a PPSO to:
a) Complete a course in the exercise of the power to
arrest, and a 32-hour course in security officer skills,
prior to providing security services, to be administered by
an organization or school approved by the Department of
Consumer Affairs (DCA); and,
b) Present their employer with a certificate of
satisfactory completion of the powers to arrest course
prior to being employed, and complete no fewer than 32
hours of training in security officer skills within the
first six months of their employment, 16 hours of which
should be completed within the first 30 days of their
employment.
2)Requires DCA to:
a) Convene an advisory committee consisting of security
directors at proprietary facilities, labor organizations
representing security officers, law enforcement
representatives, representatives of the Commission on Peace
Officer Standards and Training, subject matter experts, and
other interested parties to develop a curriculum for the
training of proprietary security officers that features at
least 24 hours of courses that are common to all security
personnel and at least 16 hours of elective courses that
are unique to each officer worksite;
b) Grant prior approval to any person or school before that
person or school is permitted to administer, test and
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certify the course of training; and,
c) Make available a guidebook as a standard for teaching
the course in the exercise of arrest.
3)Authorizes DCA to inspect, supervise, or view the
administration of the test at any time and without prior
notification.
4)Requires employers of PPSOs to:
a) Provide annually each employee registered pursuant to
this bill with eight hours of specifically dedicated review
or practice of security officer skills as prescribed; and,
b) Maintain at the principal place of business or branch
office a record verifying completion of the review or
practice training for a period of no less than two years,
and make these records available for inspection by DCA upon
request.
5)Authorizes employers of PPSOs to provide training programs and
courses in addition to the training required by this bill.
6)Requires course providers to:
a) Seek approval from DCA before they are able to
administer, test and certify the course of training for
PPSOs;
b) Cover the following topics in the course of training in
the exercise of the power to arrest:
i) Responsibilities and ethics in citizen arrest;
ii) The relationship between a PPSO and a peace officer
in making an arrest;
iii) Limitations on PPSO power to arrest;
iv) Restrictions on searches and seizures;
v) Criminal and civil liabilities, including personal
and employer liability;
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vi) Trespass law;
vii) Ethics and communications;
viii) Emergency situation response, including response to
medical emergencies;
ix) PPSO safety; and,
x) Any other topic deemed appropriate by DCA.
c) Provide the majority of the training course by means of
verbal instruction; and,
d) Issue a certificate to a PPSO upon satisfactory
completion of a required course.
7)Exempts peace officers, armored vehicle guards, and other
specified individuals from these regulations.
8)Makes the provisions of this bill effective on July 1, 2009 for
those persons hired on or after January 1, 2009, and effective
on January 1, 2010 for those persons hired prior to January 1,
2009.
EXISTING LAW requires contract security officers (usually
employees of private patrol operators) to complete 40 hours of
security skills and power of arrest training, register with and
be licensed by the Bureau of Security and Investigative Services
(BSIS) within DCA, and submit to a background check.
Additionally, CSOs are required to complete an additional 8
hours each year of continuing education.
Pursuant to the Proprietary Security Services Act, proprietary
private security officers are required to register with BSIS,
but there are no statutorily mandated training requirements for
PPSOs.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill : According to the sponsor, the California
Association of Licensed Security Agencies, Guards and Associates
(CALSAGA), this bill seeks to unify training requirements
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between PPSOs and CSOs so that the public will receive the same
quality of service from both. The sponsor maintains that this
bill's intent is to mandate certain minimum standards on an
industry that is, by its nature, placed in the public trust and
therefore will provide greater security to the public.
Background : A PPSO is an unarmed individual, who is employed
exclusively by a single employer, providing security services
for that employer, and whose services are not contracted to any
other entity or person. PPSOs are required to wear a
distinctive uniform, and are likely to interact with the public
while performing their duties. Under the Proprietary Security
Services Act (Act), PPSOs are required to register with BSIS
within DCA. However, under the Act, BSIS does not have the
authority to enforce this requirement. There are no statutorily
mandated training requirements for PPSOs.
A private patrol operator (PPO) is an entity that employs
contract security officers and provides security services to
protect persons and/or property in accordance with a contractual
agreement.
A contract security officer (CSO) is employed by a PPO and must
pass a BSIS-approved powers to arrest exam, pass a criminal
background check, and meet specified DCA requirements. CSOs
cannot contract as sole proprietors. CSOs must be registered by
DCA and carry valid security guard registration.
Support : CALSAGA maintains that there should be minimum
standards for all security workers. CALSAGA states, "Security
forces, whether contract or in-house, are free to exceed the
minimum standards, as well as customize the training for their
sites?But they should meet some minimum standards. The intent
of this curriculum is to provide core training in those aspects
of security that are common to all security posts, while
allowing a great deal of flexibility to customize the training
to unique needs to different security job sites." CALSAGA also
asserts, "Minimum training standards for all security officers
do increase public safety and do increase professionalism in the
security industry."
Also writing in support, several PPOs state: "I understand that
some proprietary security employers are opposing SB 666,
claiming that they already do training and don't need a mandate.
With all due respect, my company also did training before AB
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2880 mandated minimum training standards on my company. The
point of AB 2880 and SB 666 is to set up minimum standards.
Anyone who is already doing quality training need not be
concerned with AB 2880 or SB 666, and anyone who is not doing
training, should be."
Opposition : According to Anschutz Entertainment Group (AEG),
owners of the Staples Center, "Security Guard/Officers [CSOs]
and Proprietary Private Security Officers have very different
roles and thus the Legislature should not seek to impose
training requirements for Security Guard/Officers [CSOs] on the
employers of Proprietary Private Security Officers?The sponsors
of SB 666 seek to gain more business for their member companies
under the guise of imposing a 'one size fits all' requirement on
those who employ their own security guards." AEG also states,
"Enactment of SB 666 will significantly add to the cost of
operation to AEG and other venue operators, with no evidence
that public safety will be enhanced."
The California Retailers Association, which is opposed, states,
"Retailers train their employees, including those they employ as
security guards, in their duties?.If this bill were to pass, a
retailer that wanted to continue to train their employees would
have to go through the time and expense of getting their
training approved by the Department of Consumer Affairs?.Under
SB 666, a state bureaucrat would have the power to second guess
the retailer and demand that the training be altered even though
the altered training does not fit the job duties that a retailer
has for its security guards."
The California Restaurant Association is also opposed to this
bill and states: "By mandating all PPSOs to undergo similar
training to [CSOs], the available workforce that will have the
mandatory training will be greatly diminished, causing a likely
shortage in the workforce of qualified PPSOs that can be hired.
The de-facto result of this bill will be a monumental shift in
control of security services from many businesses, such as those
in the restaurant and hospitality industry, to private security
firms who stand to benefit greatly from this legislation."
Previous legislation : AB 2880 (Chavez), Chapter 886, Statutes
of 2002 required contract security guards to complete 32 hours
of specified training and increased from three to eight hours
training in "exercise of the power to arrest."
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SB 194 (Maldonado), Chapter 655, Statutes of 2005, enacted the
Proprietary Security Service Act requiring proprietary private
security officers to register with the BSIS within DCA.
REGISTERED SUPPORT / OPPOSITION :
Support
California Association of Licensed Security Agencies, Guards and
Associates (sponsor)
Allied Barton Security Services
Guard-Systems, Inc.
King Security Services, Inc.
Nagy Protection Services, Inc.
North State Security, Inc.
Overland Security Services, LLC
Red Phantom Enterprises, Inc.
Securitas Security Services USA, Inc.
Security Defense, Inc.
The Centurion Group
Trans-West Security Services, Inc.
Western Area Security Services
Opposition
Anschutz Entertainment Group (AEG)
California Restaurant Association
California Retailers Association
Food & Beverage Association of San Diego
Gaslamp Quarter Association
Hospitality and Security Alliance, Inc.
Analysis Prepared by : Rebecca May / B. & P. / (916) 319-3301