BILL ANALYSIS                                                                                                                                                                                                    Ó







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        |Hearing Date:June 11, 2012         |Bill No:AB                         |
        |                                   |1821                               |
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                      SENATE COMMITTEE ON BUSINESS, PROFESSIONS 
                               AND ECONOMIC DEVELOPMENT
                          Senator Curren D. Price, Jr., Chair
                                           

                          Bill No:        AB 1821Author:Hall
                   As Introduced:     February 21, 2012 Fiscal: Yes

        
        SUBJECT:  Security personnel:  firearm qualification cards.
        
        SUMMARY:  Authorizes a security guard or patrolperson to carry and use 
        a firearm pending receipt of a permanent or replacement firearm 
        qualification card if he or she carries a hard copy of the Bureau of 
        Security and Investigative Services' approval and valid picture 
        identification.

        Existing law:
        
        1)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 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.  (Business and 
          Professions Code (BPC) § 7582.1 (a))

        3)Defines a security guard or security officer as an employee of a 
          PPO whose job duties include protecting persons or property.  
          (BPC § 7582.1 (e))

        4)Prohibits a security guard (employee) or PPO from carrying or using 
          a firearm unless he or she has in her possession a valid 
          registration card and a valid firearm qualification card issued by 
          the Bureau.  (BPC § 7583.3 and § 7583.12)

        This bill:





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        1)Authorizes a security guard or patrol person to carry or use a 
          firearm pending receipt of a firearm qualification card if he or she 
          has been approved by the Bureau and carries on his or her person a 
          hardcopy printout of the Bureau's approval from the Bureau's 
          Internet Web site and valid picture identification.

        2)Authorizes a cardholder to apply to the Bureau for a certified 
          replacement card, stating the circumstances surrounding the loss and 
          paying a $10 certification fee, in the event of the loss or 
          destruction of the firearm qualification card.


        FISCAL EFFECT:  According to the Assembly Appropriations Committee 
        analysis dated 
        April 25, 2012, there are no significant costs associated with this 
        legislation.
        COMMENTS:
        
       1.Purpose.  According to the Author, the Bureau authorizes individuals 
          to work as unarmed security guards.  Additionally, some security 
          guards need to carry a firearm in the performance of their job 
          duties and these individuals apply to the Bureau to carry such 
          firearms.  Once security guards have undergone a background check by 
          the Bureau, the Bureau approves issuance of a firearms qualification 
          card, but it can take up to six weeks for the security guard to 
          receive the firearms qualification card in the mail.  Therefore, 
          even though the security guard has been cleared by the Bureau to 
          carry a firearm, the security guard cannot work in an armed capacity 
          until he/she receives the firearm qualification card.

       The Author states that this bill would allow the Bureau to post a 
          firearm clearance on its website allowing a security guard to carry 
          a firearm immediately; the security guard would no longer need to 
          wait up to six weeks to carry a firearm.  Firearm cleared security 
          guards must carry on his/her person the Bureau issued clearance to 
          carry a firearm and valid state issued guard card.  This practice is 
          already allowed by law and followed by the Bureau and licensed 
          security guards for their basic "Guard Card" and this legislation 
          would merely extend this practice to firearm qualification 
          authorizations.

       The Author further indicates that this bill will additionally allow 
          security guards who have had their firearm qualification card stolen 
          or lost to continue working while a new card is being issued.






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       2.Background.  The Bureau licenses and has jurisdiction over private 
          patrol operators and security guards, proprietary private security 
          employers and officers, private investigators, alarm companies, 
          alarm company employees, locksmith companies, locksmith employees, 
          and repossession companies and their employees.  The Bureau also has 
          jurisdiction over firearm and baton training facilities as well as 
          their instructors.

       To apply for a firearms permit an applicant must: take a 14-hour course 
          in the carrying and use of firearms given by a firearms training 
          instructor certified by the Department of Consumer Affairs; pass the 
          written and range exams given at the end of the course; submit an 
          application with appropriate fees; be a United States citizen or 
          have permanent legal alien status; undergo a criminal history 
          review; and, be at least 18 years of age.

       This bill will authorize a security guard or patrolperson to carry or 
          use a firearm pending receipt of a firearm qualification card if he 
          or she has been approved by the Bureau and carries on his or her 
          person a hardcopy printout of the Bureau's approval and valid 
          picture identification.  This bill also establishes a process for 
          reissuing a replacement firearm qualification card and an 
          appropriate fee which may be charged.

       3.Previous Related Legislation.  AB 2128  (Gaines, 2010) required a 
          private patrol operator employing any security guard to maintain an 
          insurance policy with minimum limits of one million dollars 
          ($1,000,000) for loss due to bodily injury and death, and one 
          million dollars ($1,000,000) for loss due to injury or destruction 
          of property.  This bill was vetoed by the Governor.

           SB 741  (Maldonado, Chapter 361, Statutes of 2009) required both 
          proprietary private security officers (PPSOs) and proprietary 
          private security employers to register with the Bureau and 
          established training and enforcement provisions. 

           SB 666  (Maldonado, Chapter 721, Statutes of 2007) required PPSOs to 
          complete security officer skills training as they begin their 
          employment and to undergo an annual review of this training.  SB 666 
          also required the Bureau to establish a training curriculum by 
          regulation, with the assistance of an advisory committee.  However, 
          the bill did not grant the Bureau the authority to issue 
          administrative citations to PPSOs or to their employers when they do 
          not comply with training requirements.  When the Governor signed SB 
          666, he issued the following signing message:






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             "I am signing Senate Bill 666 because it would require 
             proprietary private security officers to complete security 
             officer skills training and require the Bureau? to develop a 
             curriculum for this training with the assistance of an 
             advisory committee.  However, I am signing this bill with the 
             expectation that the Legislature will provide the Bureau the 
             legal authority to enforce these requirements."

       4.Arguments in Support.  The sponsor of this bill, the  California 
          Association of Licensed Security Agencies, Guards & Associates  , 
          writes in support and states:

             "Under the Private Security Services Act, the registration and 
             regulation of private security personnel is handled by the 
             Bureau of Security and Investigative Services.  Presently, a 
             security guard must possess a valid registration card and 
             firearm qualification card to carry or use a firearm on duty.  
             If the registration card is lost or in the process of being 
             issued, the guard may still perform security duties provided 
             he or she carries a valid picture identification (ID) and a 
             form issued by the Bureau authorizing the guard to work 
             security.  However, if the firearm qualification card is lost 
             or in the process of being issued, that same security guard in 
             possession of a registration card cannot carry or use a 
             firearm on duty until the firearm qualification card arrives.  
             Meanwhile, the safety of the unarmed security guard is 
             severely jeopardized.

             "AB 1821 would amend 7583.12 of the Business and Professions 
             Code to allow a licensed, private security guard on duty to 
             carry or use a firearm pending receipt of a replacement or 
             permanent firearm qualification card provided he or she 
             carries a valid picture ID and the approval form issued by the 
             Bureau.  The bill would also authorize the Bureau to charge a 
             $10 certification fee to provide a replacement firearm 
             qualification card.

             "By allowing on-duty private security guards whom the Bureau 
             has already approved to carry or use firearms to do so while 
             waiting for a replacement or permanent firearm qualification 
             card to arrive, this bill would remove a significant 
             impediment to the safety of private security personnel engaged 
             in the inherently dangerous occupation of protecting life, 
             limb, and property."
        






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        SUPPORT AND OPPOSITION:
        
         Support:  

        California Association of Licensed Security Agencies, Guards & 
        Associates (Sponsor)
        California Association of Licensed Investigators
        California Peace Officers Association
        California Police Chiefs Association, Inc.

         Opposition:  None on file as of June 4, 2012.



        Consultant:Bill Gage