Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 759


Introduced by Assembly Member Daly

February 21, 2013


An act to amendbegin delete Section 7583.2end deletebegin insert Sections 7570, 7574.14, 7580.6, 7580.12, 7581, 7581.1, 7581.3, 7582.05, 7582.1, 7582.13, 7582.2, 7582.20, 7582.26, 7582.27, 7582.3, 7582.5, 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 7580.2end insert ofbegin insert,end insert the Business and Professions Code,begin insert to amend Section end insertbegin insert53069.8 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,end insert relating to private patrol operators.

LEGISLATIVE COUNSEL’S DIGEST

AB 759, as amended, Daly. Private patrol operators.

begin insert

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.

end insert
begin insert

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.”

end insert
begin insert

Existing law requires any advertisement by a private patrol operator to contain specified information, and defines “advertisement” for those purposes.

end insert
begin insert

This bill would include within the definition of “advertisement” for those purposes, an Internet Web site and social media, as defined.

end insert
begin insert

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.

end insert
begin insert

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.

end insert
begin delete

Existing law establishes licenses for private patrol operators. Existing law requires that, among other things, within 7 days after a licensed private patrol operator 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 mail or deliver to any local law enforcement agency that has jurisdiction, a written report concerning the incident.

end delete
begin delete

This bill would make a technical, nonsubstantive change to these provisions.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 7570 of the end insertbegin insertBusiness and Professions
2Code
end insert
begin insert is amended to read:end insert

3

7570.  

The fees prescribed by this chapter are as follows:

4(a) The application and examination fee for an original license
5may not exceed fifty dollars ($50).

6(b) The application fee for an original branch office certificate
7may not exceed thirty dollars ($30).

8(c) The fee for an original license for a private investigator may
9not exceed one hundred seventy-five dollars ($175).

P3    1(d) The renewal fee is as follows:

2(1) For a license as a private investigator, the fee may not exceed
3one hundred twenty-five dollars ($125).

4(2) For a combination license as a private investigator and
5privatebegin delete patrol operatorend deletebegin insert security contractorend insert under Chapter 11.5
6(commencing with Section 7580), AC or DC prefix, the fee may
7not exceed six hundred dollars ($600).

8(3) For a branch office certificate for a private investigator, the
9fee may not exceed thirty dollars ($30), and for a combination
10private investigator and privatebegin delete patrol operatorend deletebegin insert security contractorend insert
11 under Chapter 11.5 (commencing with Section 7580), the fee may
12not exceed forty dollars ($40).

13(e) The delinquency fee is 50 percent of the renewal fee in effect
14on the date of expiration.

15(f) A reinstatement fee is equal to the amount of the renewal
16fee plus the regular delinquency fee.

17(g) The fee for reexamination of an applicant or his or her
18manager may not exceed fifteen dollars ($15).

19begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 7574.14 of the end insertbegin insertBusiness and Professions Codeend insert
20begin insert is amended to read:end insert

21

7574.14.  

This chapter shall not apply to the following:

22(a) An officer or employee of the United States of America, or
23of this state or a political subdivision thereof, while the officer or
24employee is engaged in the performance of his or her official
25duties, including uniformed peace officers employed part time by
26a public agency pursuant to a written agreement between a chief
27of police or sheriff and the public agency, provided the part-time
28employment does not exceed 50 hours in a calendar month.

29(b) A person engaged exclusively in the business of obtaining
30and furnishing information as to the financial rating of persons.

31(c) A charitable philanthropic society or association incorporated
32under the laws of this state that is organized and duly maintained
33for the public good and not for private profit.

34(d) Patrol special police officers appointed by the police
35commission of a city, county, or city and county under the express
36terms of its charter who also under the express terms of the charter
37(1) are subject to suspension or dismissal after a hearing on charges
38duly filed with the commission after a fair and impartial trial, (2)
39must be not less than 18 years of age nor more than 40 years of
40age, (3) must possess physical qualifications prescribed by the
P4    1commission, and (4) are designated by the police commission as
2the owners of a certain beat or territory as may be fixed from time
3to time by the police commission.

4(e) An attorney at law in performing his or her duties as an
5attorney at law.

6(f) A collection agency or an employee thereof while acting
7within the scope of his or her employment, while making an
8investigation incidental to the business of the agency, including
9an investigation of the location of a debtor or his or her property
10where the contract with an assignor creditor is for the collection
11of claims owed or due or asserted to be owed or due or the
12equivalent thereof.

13(g) Admitted insurers and agents and insurance brokers licensed
14by the state, performing duties in connection with insurance
15transacted by them.

16(h) A bank subject to the jurisdiction of the Commissioner of
17Financial Institutions of the State of California under Division 1
18(commencing with Section 99) of the Financial Code or the
19Comptroller of Currency of the United States.

20(i) A person engaged solely in the business of securing
21information about persons or property from public records.

22(j) A peace officer of this state or a political subdivision thereof
23while the peace officer is employed by a private employer to
24engage in off-duty employment in accordance with Section 1126
25of the Government Code. However, nothing herein shall exempt
26begin delete suchend delete a peace officer who either contracts for his or her services or
27the services of others as a privatebegin delete patrol operatorend deletebegin insert security
28contractorend insert
or contracts for his or her services as or is employed
29as an armed private security officer. For purposes of this
30subdivision, “armed security officer” means an individual who
31carries or uses a firearm in the course and scope of that contract
32or employment.

33(k) A retired peace officer of the state or political subdivision
34thereof when the retired peace officer is employed by a private
35employer in employment approved by the chief law enforcement
36officer of the jurisdiction where the employment takes place,
37provided that the retired officer is in a uniform of a public law
38enforcement agency, has registered with the bureau on a form
39approved by the director, and has met any training requirements
40or their equivalent as established for security personnel under
P5    1Section 7583.5. This officer may not carry an unloaded and
2exposed handgun unless he or she is exempted under the provisions
3of Article 2 (commencing with Section 26361) of Chapter 6 of
4Division 5 of Title 4 of Part 6 of the Penal Code, may not carry
5an unloaded firearm that is not a handgun unless he or she is
6exempted under the provisions of Article 2 (commencing with
7Section 26405) of Chapter 7 of Division 5 of Title 4 of Part 6 of
8the Penal Code, and may not carry a loaded or concealed firearm
9unless he or she is exempted under the provisions of Sections
1025450 to 25475, inclusive, of the Penal Code or Sections 25900
11to 25910, inclusive, of the Penal Code or has met the requirements
12set forth in subdivision (d) of Section 26030 of the Penal Code.
13However, nothing herein shall exempt the retired peace officer
14who contracts for his or her services or the services of others as a
15privatebegin delete patrol operatorend deletebegin insert security contractorend insert.

16(l) A licensed insurance adjuster in performing his or her duties
17within the scope of his or her license as an insurance adjuster.

18(m) A savings association subject to the jurisdiction of the
19Commissioner of Financial Institutions or the Office of Thrift
20Supervision.

21(n) A secured creditor engaged in the repossession of the
22creditor’s collateral and a lessor engaged in the repossession of
23leased property in which it claims an interest.

24(o) A peace officer in his or her official police uniform acting
25in accordance with subdivisions (c) and (d) of Section 70 of the
26Penal Code.

27(p) An unarmed, uniformed security person employed
28 exclusively and regularly by a motion picture studio facility
29employer who does not provide contract security services for other
30entities or persons in connection with the affairs of that employer
31only and where there exists an employer-employee relationship if
32that person at no time carries or uses a deadly weapon, as defined
33in subdivision (a), in the performance of his or her duties, which
34may include, but are not limited to, the following business
35purposes:

36(1) The screening and monitoring access of employees of the
37same employer.

38(2) The screening and monitoring access of prearranged and
39preauthorized invited guests.

40(3) The screening and monitoring of vendors and suppliers.

P6    1(4) Patrolling the private property facilities for the safety and
2welfare of all who have been legitimately authorized to have access
3to the facility.

4(q) An armored contract carrier operating armored vehicles
5pursuant to the authority of the Department of the California
6Highway Patrol or the Public Utilities Commission, or an armored
7vehicle guard employed by an armored contract carrier.

8begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 7580.2 of the end insertbegin insertBusiness and Professions Codeend insert
9begin insert is repealed.end insert

begin delete
10

7580.2.  

The director shall administer and enforce the provisions
11of this chapter.

end delete
12begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 7580.2 is added to the end insertbegin insertBusiness and Professions
13Code
end insert
begin insert, to read:end insert

begin insert
14

begin insert7580.2.end insert  

As used in this chapter, “security officer” includes the
15terms “security guard,” “patrolperson,” “watchman,” and
16“guard.”

end insert
17begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 7580.6 of the end insertbegin insertBusiness and Professions Codeend insert
18begin insert is amended to read:end insert

19

7580.6.  

As used in this chapter, “licensee” means a person
20licensed under this chapter and includes, but is not limited to,
21privatebegin delete patrol operatorend deletebegin insert security contractorend insert and armored contract
22carrier.

23begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 7580.12 of the end insertbegin insertBusiness and Professions Codeend insert
24begin insert is amended to read:end insert

begin delete
25

7580.12.  

Every

end delete
26begin insert

begin insert7580.12.end insert  

end insert
begin insert

(a) The director shall administer and enforce the
27provisions of this chapter.

end insert

28begin insert(b)end insertbegin insertend insertbegin insertEvery end insertpower and duty granted to or imposed upon the
29director may be exercised by any other officer or employee of the
30Department of Consumer Affairs authorized by the director, but
31the director shall have the supervision of and the responsibility for
32all powers and duties exercised by these officers and employees.

33begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 7581 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
34amended to read:end insert

35

7581.  

The director may adopt and enforce reasonable rules, as
36follows:

37(a) Classifying licensees according to the type of business
38regulated by this chapter in which they are engaged, including,
39but not limited to, persons employed by any lawful business as
40security guards or patrolpersons, and armored contract carriers
P7    1and limiting the field and scope of the operations of a licensee to
2those in which he or she is classified and qualified to engage.

3(b) Fixing the qualifications of licensees and managers, in
4addition to those prescribed in this chapter, necessary to promote
5and protect the public welfare.

6(c) Carrying out generally the provisions of this chapter,
7 including regulation of the conduct of licensees.

8(d) Establishing the qualifications that any person employed by
9a privatebegin delete patrol operatorend deletebegin insert security contractorend insert or any lawful business
10as a security guard or patrolperson, or employed by an armored
11contract carrier, must meet as a condition of becoming eligible to
12carry firearms pursuant to Section 26030 of the Penal Code.

13(e) Requiring each uniformed employee of a privatebegin delete patrol
14operatorend delete
begin insert security contractorend insert and each armored vehicle guard, as
15defined in this chapter, and any other person employed and
16compensated by a privatebegin delete patrol operatorend deletebegin insert security contractorend insert or
17any lawful business as a security guard or patrolperson and who
18in the course of this employment carries a deadly weapon to be
19registered with the bureau upon application on a form prescribed
20by the director accompanied by the registration fee and by two
21classifiable sets of fingerprints of the applicant or its equivalent
22as determined by the director and approved by the Department of
23Justice, establishing the term of the registration for a period of not
24less than two nor more than four years, and providing for the
25renewal thereof upon proper application and payment of the
26renewal fee. The director may, after opportunity for a hearing,
27refuse this registration to any person who lacks good moral
28character, and may impose reasonable additional requirements as
29are necessary to meet local needs that are not inconsistent with the
30provisions of this chapter.

31(f) Establishing procedures whereby the local authorities of any
32city, county, or city and county may file charges with, or any
33person in this state, may file a complaint with the director alleging
34that any licensed privatebegin delete patrol operatorend deletebegin insert security contractorend insert,
35registered security guard, or patrolperson, or anyone who is an
36applicant for registration or licensure with the bureau, fails to meet
37standards for registration or licensure, or violates any provision
38of this chapter, and providing further for the investigation of the
39charges and a response to the charging or complaining party in the
40manner described in subdivision (b) of Section 129.

P8    1(g) Requiring privatebegin delete patrol operatorsend deletebegin insert security contractorsend insert and
2any lawful business to maintain detailed records identifying all
3firearms in their possession or under their control, and the
4employees or persons authorized to carry or have access to those
5firearms.

6begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 7581.1 of the end insertbegin insertBusiness and Professions Codeend insert
7begin insert is amended to read:end insert

8

7581.1.  

The Governor shall appoint two private security
9disciplinary review committees, and may remove any member of
10a disciplinary review committee for misconduct, incompetency,
11or neglect of duty. One committee shall meet in the southern
12portion of the state and the other committee shall meet in the
13northern portion of the state.

14Each disciplinary review committee shall consist of five
15members. Of the five members, one member shall be actively
16engaged in the business of a licensed privatebegin delete patrol operatorend delete
17begin insert security contractorend insert, one member shall be actively engaged in the
18business of a firearm training facility, one member shall be actively
19engaged in the business of a registered security guard, and two
20members shall be public members. None of the public members
21shall be licensees or registrants or engaged in any business or
22profession in which any part of the fees, compensation, or revenue
23thereof, is derived from any licensee.

24Each committee shall meet every 60 days or more or less
25frequently as may be required. The members shall be paid per diem
26pursuant to Section 103 and shall be reimbursed for actual travel
27expenses. The members shall be appointed for a term of four years.

28begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 7581.3 of the end insertbegin insertBusiness and Professions Codeend insert
29begin insert is amended to read:end insert

30

7581.3.  

A privatebegin delete patrol operatorend deletebegin insert security contractorend insert, qualified
31manager of a privatebegin delete patrol operatorend deletebegin insert security contractorend insert, security
32guard, firearm qualification cardholder, firearm training facility,
33firearm training instructor, baton training facility, or baton training
34instructor may request a review by a disciplinary review committee
35to contest the assessment of an administrative fine or to appeal a
36denial, revocation, or suspension of a license, certificate, or
37registration unless the denial, revocation, or suspension is ordered
38by the director in accordance with Chapter 5 (commencing with
39Section 11500) of Part 1 of Division 3 of Title 2 of the Government
40Code.

P9    1A request for a review shall be by written notice to the bureau
2within 30 days of the issuance of the citation and assessment,
3denial, revocation, or suspension.

4Following a review by a disciplinary review committee, the
5appellant shall be notified within 30 days, in writing, by regular
6mail, of the committee’s decision.

7If the appellant disagrees with the decision made by a
8disciplinary review committee, he or she may request a hearing in
9accordance with Chapter 5 (commencing with Section 11500) of
10Part 1 of Division 3 of Title 2 of the Government Code. A request
11for a hearing following a decision by a disciplinary review
12committee shall be by written notice to the bureau within 30 days
13following notice of the committee’s decision.

14If the appellant does not request a hearing within 30 days, the
15review committee’s decision shall become final.

16begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 7582.05 of the end insertbegin insertBusiness and Professions Codeend insert
17begin insert is amended to read:end insert

18

7582.05.  

(a) Notwithstanding any other provision of law, any
19person engaging in a business as a privatebegin delete patrol operatorend deletebegin insert security
20contractorend insert
who violates Section 7582 is guilty of an infraction
21subject to the procedures described in Sections 19.6 and 19.7 of
22the Penal Code under either of the following circumstances:

23(1) A complaint or a written notice to appear in court pursuant
24to Chapter 5c (commencing with Section 853.5) of Title 3 of Part
252 of the Penal Code is filed in court charging the offense as an
26infraction unless the defendant, at the time he or she is arraigned,
27after being advised of his or her rights, elects to have the case
28proceed as a misdemeanor.

29(2) The court, with the consent of the defendant and the
30prosecution, determines that the offense is an infraction in which
31event the case shall proceed as if the defendant has been arraigned
32on an infraction complaint.

33(b) This section does not apply to a violation of Section 7582
34if the defendant has had his or her license previously revoked or
35suspended.

36(c) Notwithstanding any other provision of law, a violation of
37Section 7582, which is an infraction, is punishable by a fine of one
38thousand dollars ($1,000). No portion of the fine may be suspended
39by the court unless as a condition of that suspension the defendant
40is required to submit proof of a current valid license for the
P10   1profession of privatebegin delete patrol operatorend deletebegin insert security contractorend insert which
2was the basis for his or her conviction.

3begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 7582.1 of the end insertbegin insertBusiness and Professions Codeend insert
4begin insert is amended to read:end insert

5

7582.1.  

(a) A privatebegin delete patrol operatorend deletebegin insert security contractorend insert, or
6operator of a private patrol service, within the meaning of this
7chapter is a person, other than an armored contract carrier, who,
8for any consideration whatsoever:

9Agrees to furnish, or furnishes, a watchman, guard, patrolperson,
10or other person to protect persons or property or to prevent the
11theft, unlawful taking, loss, embezzlement, misappropriation, or
12concealment of any goods, wares, merchandise, money, bonds,
13stocks, notes, documents, papers, or property of any kind; or
14performs the service of a watchman, guard, patrolperson, or other
15person, for any of these purposes.

16(b) A person licensed as a privatebegin delete patrol operatorend deletebegin insert security
17contractorend insert
only may not make any investigation or investigations
18except those that are incidental to the theft, loss, embezzlement,
19misappropriation, or concealment of any property, or any other
20thing enumerated in this section, which he or she has been hired
21or engaged to protect, guard, or watch.

22(c) An armored contract carrier within the meaning of this
23chapter is a contract carrier operating armored vehicles pursuant
24to California Highway Patrol and Public Utilities Commission
25authority.

26(d) An armored vehicle guard within the meaning of this chapter
27is any person employed by an armored contract carrier who in the
28course of that employment carries a deadly weapon.

29(e) A security guard or security officer, within the meaning of
30this chapter, is an employee of a privatebegin delete patrol operatorend deletebegin insert security
31contractorend insert
, or an employee of a lawful business or public agency
32who is not exempted pursuant to Section 7582.2, who performs
33the functions as described in subdivision (a) on or about the
34premises owned or controlled by the customer of the privatebegin delete patrol
35operatorend delete
begin insert security contractorend insert or by the guard’s employer or in the
36company of persons being protected.

37(f) A street patrolperson, within the meaning of this chapter, is
38a security guard or security officer employed by a privatebegin delete patrol
39operatorend delete
begin insert security contractorend insert who performs the functions described
40in subdivision (a) by street patrol service utilizing foot patrol,
P11   1motor patrol, or other means of transportation in public areas,
2streets or public thoroughfares in order to serve multiple customers.
3“Street patrolperson” does not include management or supervisory
4employees of the privatebegin delete patrol operatorend deletebegin insert security contractorend insert moving
5from one customer location to another to inspect personnel or
6security guard or security officers.

7begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 7582.13 of the end insertbegin insertBusiness and Professions Codeend insert
8begin insert is amended to read:end insert

9

7582.13.  

Upon the issuance of a license, a pocket card of the
10size, design, and content determined by the director shall be issued
11to each licensee, if an individual, or if the licensee is a person other
12than an individual, to its manager and to each of its officers and
13partners. The pocket card is evidence that the licensee is licensed
14pursuant to this chapter. The card shall contain the signature of
15the licensee, signature of the chief, and a photograph of the
16licensee, or bearer of the card, if the licensee is other than an
17individual. The card shall clearly state that the person is licensed
18as a privatebegin delete patrol operatorend deletebegin insert security contractorend insert or is the manager
19or officer of the licensee. The applicant may request to be issued
20an enhanced pocket card that shall be composed of a durable
21material and may incorporate technologically advanced security
22features. The bureau may charge a fee sufficient to reimburse the
23department’s costs for furnishing the enhanced pocket card. The
24fee charged may not exceed the actual costs for system
25development, maintenance, and processing necessary to provide
26this service, and may not exceed six dollars ($6). If the applicant
27does not request an enhanced card, the department shall issue a
28standard card at no cost. When a person to whom a card is issued
29terminates his or her position, office, or association with the
30licensee, the card shall be surrendered to the licensee and within
31five days thereafter shall be mailed or delivered by the licensee to
32the bureau for cancellation. Every person, while engaged in any
33activity for which registration is required, shall display their valid
34pocket card as provided by regulation.

35begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 7582.2 of the end insertbegin insertBusiness and Professions Codeend insert
36begin insert is amended to read:end insert

37

7582.2.  

This chapter does not apply to the following:

38(a) A person who does not meet the requirements to be a
39proprietary private security officer, as defined in Section 7574.01,
40and is employed exclusively and regularly by an employer who
P12   1does not provide contract security services for other entities or
2persons, in connection with the affairs of the employer only and
3where there exists an employer-employee relationship if that person
4at no time carries or uses a deadly weapon in the performance of
5his or her duties. For purposes of this subdivision, “deadly weapon”
6is defined to include an instrument or weapon of the kind
7commonly known as a blackjack, slungshot, billy, sandclub,
8sandbag, metal knuckles, a dirk, dagger, pistol, revolver, or any
9other firearm, a knife having a blade longer than five inches, a
10razor with an unguarded blade, and a metal pipe or bar used or
11intended to be used as a club.

12(b) An officer or employee of the United States of America, or
13of this state or a political subdivision thereof, while the officer or
14employee is engaged in the performance of his or her official
15duties, including uniformed peace officers employed part time by
16a public agency pursuant to a written agreement between a chief
17of police or sheriff and the public agency, provided the part-time
18employment does not exceed 50 hours in any calendar month.

19(c) A person engaged exclusively in the business of obtaining
20and furnishing information as to the financial rating of persons.

21(d) A charitable philanthropic society or association duly
22incorporated under the laws of this state that is organized and
23maintained for the public good and not for private profit.

24(e) Patrol special police officers appointed by the police
25commission of a city, county, or city and county under the express
26terms of its charter who also under the express terms of the charter
27(1) are subject to suspension or dismissal after a hearing on charges
28duly filed with the commission after a fair and impartial trial, (2)
29must be not less than 18 years of age nor more than 40 years of
30age, (3) must possess physical qualifications prescribed by the
31commission, and (4) are designated by the police commission as
32the owners of a certain beat or territory as may be fixed from time
33to time by the police commission.

34(f) An attorney at law in performing his or her duties as an
35attorney at law.

36(g) A collection agency or an employee thereof while acting
37within the scope of his or her employment, while making an
38investigation incidental to the business of the agency, including
39an investigation of the location of a debtor or his or her property
40where the contract with an assignor creditor is for the collection
P13   1of claims owed or due or asserted to be owed or due or the
2equivalent thereof.

3(h) Admitted insurers and agents and insurance brokers licensed
4by the state, performing duties in connection with insurance
5transacted by them.

6(i) A bank subject to the jurisdiction of the Commissioner of
7Financial Institutions of the State of California under Division 1
8(commencing with Section 99) of the Financial Code or the
9Comptroller of the Currency of the United States.

10(j) A person engaged solely in the business of securing
11information about persons or property from public records.

12(k) A peace officer of this state or a political subdivision thereof
13while the peace officer is employed by a private employer to
14engage in off-duty employment in accordance with Section 1126
15of the Government Code. However, nothing herein shall exempt
16a peace officer who either contracts for his or her services or the
17services of others as a privatebegin delete patrol operatorend deletebegin insert security contractorend insert
18 or contracts for his or her services as or is employed as an armed
19private security officer. For purposes of this subdivision, “armed
20security officer” means an individual who carries or uses a firearm
21in the course and scope of that contract or employment.

22(l) A retired peace officer of the state or political subdivision
23thereof when the retired peace officer is employed by a private
24employer in employment approved by the chief law enforcement
25officer of the jurisdiction where the employment takes place,
26provided that the retired officer is in a uniform of a public law
27enforcement agency, has registered with the bureau on a form
28approved by the director, and has met any training requirements
29or their equivalent as established for security personnel under
30Section 7583.5. This officer may not carry an unloaded and
31exposed handgun unless he or she is exempted under the provisions
32of Article 2 (commencing with Section 26361) of Chapter 6 of
33Division 5 of Title 4 of Part 6 of the Penal Code, may not carry
34an unloaded firearm that is not a handgun unless he or she is
35exempted under the provisions of Article 2 (commencing with
36Section 26405) of Chapter 7 of Division 5 of Title 4 of Part 6 of
37the Penal Code, and may not carry a loaded or concealed firearm
38unless he or she is exempted under the provisions of Article 2
39(commencing with Section 25450) of Chapter 2 of Division 5 of
40Title 4 of Part 6 of the Penal Code or Sections 25900 to 25910,
P14   1inclusive, of the Penal Code or has met the requirements set forth
2in subdivision (d) of Section 26030 of the Penal Code. However,
3nothing herein shall exempt the retired peace officer who contracts
4for his or her services or the services of others as a privatebegin delete patrol
5operatorend delete
begin insert security contractorend insert.

6(m) A licensed insurance adjuster in performing his or her duties
7within the scope of his or her license as an insurance adjuster.

8(n) A savings association subject to the jurisdiction of the
9Commissioner of Financial Institutions or the Office of Thrift
10Supervision.

11(o) A secured creditor engaged in the repossession of the
12creditor’s collateral and a lessor engaged in the repossession of
13leased property in which it claims an interest.

14(p) A peace officer in his or her official police uniform acting
15in accordance with subdivisions (c) and (d) of Section 70 of the
16Penal Code.

17(q) An unarmed, uniformed security person employed
18exclusively and regularly by a motion picture studio facility
19employer who does not provide contract security services for other
20entities or persons in connection with the affairs of that employer
21only and where there exists an employer-employee relationship if
22that person at no time carries or uses a deadly weapon, as defined
23in subdivision (a), in the performance of his or her duties, which
24may include, but are not limited to, the following business
25purposes:

26(1) The screening and monitoring access of employees of the
27same employer.

28(2) The screening and monitoring access of prearranged and
29preauthorized invited guests.

30(3) The screening and monitoring of vendors and suppliers.

31(4) Patrolling the private property facilities for the safety and
32welfare of all who have been legitimately authorized to have access
33to the facility.

34(r) The changes made to this section by the act adding this
35subdivision during the 2005-06 Regular Session of the Legislature
36shall apply as follows:

37(1) On and after July 1, 2006, to a person hired as a security
38officer on and after January 1, 2006.

39(2) On and after January 1, 2007, to a person hired as a security
40officer before January 1, 2006.

P15   1begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 7582.20 of the end insertbegin insertBusiness and Professions Codeend insert
2begin insert is amended to read:end insert

3

7582.20.  

(a) begin insert(1)end insertbegin insertend insert Every advertisement by a licensee soliciting
4or advertising business shall contain his or her name, address, and
5license number as they appear in the records of the bureau. For
6the purpose of this section, “advertisement” includes any business
7card, stationery, brochure, flyer, circular, newsletter, fax form,
8printed or published paid advertisement in any media form,begin delete orend delete
9 telephone book listingbegin insert, Internet Web site, or social mediaend insert. Every
10advertisement by a licensee soliciting or advertising the licensee’s
11business shall contain his or her business name, business address
12or business telephone number, and license number, as they appear
13in the records of the bureau.

begin insert

14(2) For purposes of this subdivision, “social media” means an
15electronic service or account, or electronic content, including, but
16not limited to, videos, still photographs, blogs, video blogs,
17podcasts, instant and text messages, e-mail, online services or
18accounts, or Internet Web site profiles or locations.

end insert

19(b) The director may assess a fine of two hundred fifty dollars
20($250) per violation of subdivision (a).

21begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 7582.26 of the end insertbegin insertBusiness and Professions Codeend insert
22begin insert is amended to read:end insert

23

7582.26.  

(a) Any licensee or officer, director, partner, or
24manager of a licensee may divulge to any law enforcement officer
25or district attorney, or his or her representative, any information
26he or she may acquire as to any criminal offense, but he or she
27shall not divulge to any other person, except as he or she may be
28required by law so to do, any information acquired by him or her
29except at the direction of the employer or client for whom the
30information was obtained.

31(b) No licensee or officer, director, partner, manager, or
32employee of a licensee shall knowingly make any false report to
33his or her employer or client for whom information was being
34obtained.

35(c) No written report shall be submitted to a client except by
36the licensee, qualifying manager, or a person authorized by one
37or either of them, and the person submitting the report shall
38exercise diligence in ascertaining whether or not the facts and
39information in the report are true and correct.

P16   1(d) No licensee, or officer, director, partner, manager, or
2employee of a licensee, shall use a title, or wear a uniform, or use
3an insignia, or use an identification card, or make any statement
4with the intent to give an impression that he or she is connected
5in any way with the federal government, a state government, or
6any political subdivision of a state government.

7(e) No licensee, or officer, director, partner, manager, or
8employee of a licensee, shall enter any private building or portion
9thereof, except premises commonly accessible to the public,
10without the consent of the owner or of the person in legal
11possession thereof.

12(f) begin insert(1)end insertbegin insertend insert No privatebegin delete patrol licenseeend deletebegin insert security contractorend insert or officer,
13director, partner, manager, or employee of a private patrol licensee
14shall use or wear a badge, except while engaged in guard or patrol
15work and while wearing a distinctive uniform.begin insert A uniform may
16include military or policeend insert
begin insert styles.end insert A privatebegin delete patrol licenseeend deletebegin insert security
17contractorend insert
or officer, director, partner, manager, or employee of
18a privatebegin delete patrol licenseeend deletebegin insert security contractorend insert wearing a distinctive
19uniform shall wear a patch on each shoulder of his or her uniform
20that reads “private security” and that includes the name of the
21privatebegin delete patrol companyend deletebegin insert security contractorend insert by which the person
22is employed or for which the person is a representative and a badge
23or cloth patch on the upper left breast of the uniform. All patches
24and badges worn on a distinctive uniform shall be of a standard
25design approved by the director and shall be clearly visible.begin insert A
26private security contractor or officer, director, partner, manager,
27or employee of a private security contractor, who is unarmed, may
28wear a business suit, blazer, or polo shirt provided that the person
29also displays a company issued photo identification designating
30the person’s name, employing company, and employee number,
31which may be used in lieu of the other badge and patch
32requirements.end insert

begin delete

33The

end delete

34begin insert(2)end insertbegin insertend insertbegin insertThe end insertdirector may assess a fine of two hundred fifty dollars
35($250) per violation of this subdivision.

36(g) No licensee shall permit an employee or agent in his or her
37own name to advertise, engage clients, furnish reports or present
38bills to clients, or in any manner whatever conduct business for
39which a license is required under this chapter. All business of the
P17   1licensee shall be conducted in the name of and under the control
2of the licensee.

3(h) No licensee shall use a fictitious name in connection with
4the official activities of the licensee’s business.

5(i) No privatebegin delete patrol operator licenseeend deletebegin insert security contractorend insert or
6officer, director, partner, or manager of a privatebegin delete patrol operator
7licenseeend delete
begin insert security contractorend insert, or person required to be registered
8as a security guard pursuant to this chapter shall use or wear a
9baton or exposed firearm as authorized by this chapter unless he
10or she is wearing a uniform which complies with the requirements
11of Section 7582.27.

12begin insert

begin insertSEC. 16.end insert  

end insert

begin insertSection 7582.27 of the end insertbegin insertBusiness and Professions Codeend insert
13begin insert is amended to read:end insert

14

7582.27.  

(a) Any person referred to in subdivision (i) of
15Section 7582.26 who uses or wears a baton or exposed firearm as
16authorized pursuant to this chapter shall wear a patch on each arm
17that reads “private security” and that includes the name of the
18company by which the person is employed or for which the person
19is a representative. The patch shall be clearly visible at all times.
20The patches of a privatebegin delete patrol operator licenseeend deletebegin insert security
21contractorend insert
, or his or her employees or representatives shall be of
22a standard design approved by the director.

23(b) The director may assess a fine of two hundred fifty dollars
24($250) per violation of subdivision (a).

25begin insert

begin insertSEC. 17.end insert  

end insert

begin insertSection 7582.3 of the end insertbegin insertBusiness and Professions Codeend insert
26begin insert is amended to read:end insert

27

7582.3.  

(a) Unless specifically exempted by Section 7582.2,
28no person shall engage in the business of privatebegin delete patrol operatorend delete
29begin insert security contractorend insert, as defined in Section 7582.1, unless that person
30has applied for and received a license to engage in that business
31pursuant to this chapter.

32(b) Any person who violates any provision of this chapter or
33who conspires with another person to violate any provision of this
34chapter relating to privatebegin delete patrol operatorend deletebegin insert security contractorend insert
35 licensure, or who knowingly engages a nonexempt unlicensed
36person is guilty of a misdemeanor punishable by a fine of five
37thousand dollars ($5,000) or by imprisonment in the county jail
38not to exceed one year, or by both that fine and imprisonment.

39(c) A proceeding to impose the fine specified in subdivision (b)
40may be brought in any court of competent jurisdiction in the name
P18   1of the people of the State of California by the Attorney General
2or by any district attorney or city attorney, or with the consent of
3the district attorney, the city prosecutor in any city or city and
4county having a full-time city prosecutor for the jurisdiction in
5which the violation occurred. If the action is brought by the district
6attorney, the penalty collected shall be paid to the treasurer of the
7county in which the judgment is entered. If the action is brought
8by a city attorney or city prosecutor, one-half of the penalty
9collected shall be paid to the treasurer of the city in which the
10judgment was entered and one-half to the treasurer of the county
11in which the judgment was entered. If the action is brought by the
12Attorney General, all of the penalty collected shall be deposited
13in the Private Security Services Fund.

14(d) Any person who: (1) acts as or represents himself or herself
15to be a privatebegin delete patrol operatorend deletebegin insert security contractorend insert under this chapter
16when that person is not a licensee under this chapter; (2) falsely
17represents that he or she is employed by a licensee under this
18chapter when that person is not employed by a licensee under this
19chapter; (3) carries a badge, identification card, or business card,
20indicating that he or she is a licensee under this chapter when that
21person is not a licensee under this chapter; (4) uses a letterhead or
22other written or electronically generated materials indicating that
23he or she is a licensee under this chapter when that person is not
24a licensee under this chapter; or (5) advertises that he or she is a
25licensee under this chapter when that person is not a licensee, is
26guilty of a misdemeanor that is punishable by a fine of ten thousand
27dollars ($10,000) or by imprisonment in a county jail for not more
28than one year, or by both that fine and imprisonment.

29(e) A proceeding to impose the fine specified in subdivision (d)
30may be brought in any court of competent jurisdiction in the name
31of the people of the State of California by the Attorney General
32or by any district attorney or city attorney, or with the consent of
33the district attorney, the city prosecutor in any city or city and
34county having a full-time city prosecutor for the jurisdiction in
35which the violation occurred. If the action is brought by the district
36attorney, the penalty collected shall be paid to the treasurer of the
37county in which the judgment is entered. If the action is brought
38by a city attorney or city prosecutor, one-half of the penalty
39collected shall be paid to the treasurer of the city in which the
40judgment was entered and one-half to the treasurer of the county
P19   1in which the judgment was entered. If the action is brought by the
2Attorney General, all of the penalty collected shall be deposited
3in the Private Security Services Fund.

4(f) Any person who is convicted of a violation of the provisions
5of this section shall not be issued a license under this chapter,
6within one year following that conviction.

7(g) Any person who is convicted of a violation of subdivision
8(a), (b), or (d) shall not be issued a license for a period of one year
9following a first conviction and shall not be issued a license for a
10period of five years following a second or subsequent conviction
11of subdivision (a), (b), or (d), or any combination of subdivision
12(a), (b), or (d).

13(h) The chief shall gather evidence of violations of this chapter
14and of any rule or regulation established pursuant to this chapter
15by persons engaged in the business of privatebegin delete patrol operatorend delete
16begin insert security contractorend insert who fail to obtain licenses and shall gather
17evidence of violations and furnish that evidence to prosecuting
18officers of any county or city for the purpose of prosecuting all
19violations occurring within their jurisdiction.

20(i) The prosecuting officer of any county or city shall prosecute
21all violations of this chapter occurring within his or her jurisdiction.

22begin insert

begin insertSEC. 18.end insert  

end insert

begin insertSection 7582.5 of the end insertbegin insertBusiness and Professions Codeend insert
23begin insert is amended to read:end insert

24

7582.5.  

(a) The provisions of this chapter shall not prevent
25the local authorities of any city, county, or city and county, by
26ordinance and within the exercise of the police power of the city,
27county, or city and county from imposing local regulations upon
28any street patrol service or street patrol special officers requiring
29registration with an agency to be designated by the city, county,
30or city and county, including in the registration full information
31as to the identification and employment and subject to the right of
32the city, county, or city and county to allocate certain portions of
33the territory in the city, county, or city and county within which
34the activities of any street patrol service or person shall be confined.
35Any city, county, or city and county may refuse registration to any
36person of bad moral character and may impose reasonable
37additional requirements as are necessary to meet local needs and
38are not inconsistent with the provisions of this chapter.

39(b) The provisions of this chapter shall not prevent the local
40authorities of any city, county, or city and county, by ordinance
P20   1and within the exercise of the police power of the city, county, or
2city and county from imposing local regulations upon any
3employees of a privatebegin delete patrol operatorend deletebegin insert security contractorend insert who are
4unable to furnish evidence of current registration pursuant to
5subdivision (f) of Section 7581.

6(c) The provisions of this chapter shall not prevent the local
7authorities of any city, county, or city and county, by ordinance
8and within the exercise of the police power of the city, county, or
9city and county from requiring privatebegin delete patrol operatorsend deletebegin insert security
10contractorsend insert
and their employees to register their name and file a
11copy of their state identification card with the city, county, or city
12and county. No fee may be charged and no application may be
13required by the city, county, or city and county for this registration.

14(d) The provisions of this chapter shall not prevent the local
15authorities in any city, county, or city and county, by ordinance
16and within the exercise of the police power of the city, county, or
17city and county from imposing reasonable additional requirements
18necessary to regulate and control protection dogs according to their
19 local needs and not inconsistent with the provisions of this chapter.

20begin insert

begin insertSEC. 19.end insert  

end insert

begin insertThe heading of Article 4 (commencing with Section
217583) of Chapter 11.5 of Division 3 of the end insert
begin insertBusiness and Professions
22Code
end insert
begin insert is amended to read:end insert

23 

24Article 4.  Privatebegin delete Patrol Operatorsend deletebegin insert Security Contractorsend insert
25

 

26begin insert

begin insertSEC. 20.end insert  

end insert

begin insertSection 7583 of the end insertbegin insertBusiness and Professions Codeend insert
27begin insert is amended to read:end insert

28

7583.  

For purposes of this article, “licensee” means a licensed
29privatebegin delete patrol operatorend deletebegin insert security contractorend insert.

30begin insert

begin insertSEC. 21.end insert  

end insert

begin insertSection 7583.1 of the end insertbegin insertBusiness and Professions Codeend insert
31begin insert is amended to read:end insert

32

7583.1.  

(a) An applicant, or his or her manager, for a license
33as a privatebegin delete patrol operatorend deletebegin insert security contractorend insert shall have had at
34least one year of experience as a patrolperson, guard or watchman,
35or the equivalent thereof as determined by the director. An
36applicant shall substantiate the claimed year of qualifying
37experience and the exact details as to the character and nature
38thereof by written certifications from the employer, subject to
39independent verification by the chief as he or she may determine.
40In the event of inability of an applicant to supply the written
P21   1certifications from the employer in whole or in part, applicants
2may offer other written certifications from other than employers
3substantiating employment for consideration by the chief.

4(b) An individual who, upon the determination of the chief, has
5served in the armed services and possesses the proper skills may
6be eligible to take the privatebegin delete patrol operatorend deletebegin insert security contractorend insert
7 licensing examination. In that case the chief may waive any other
8required training courses, as he or she determines. However, if the
9applicant fails the licensing examination, the chief may not
10thereafter waive completion of any required training courses.

11

begin deleteSECTION 1.end delete
12begin insertSEC. 22.end insert  

Section 7583.2 of the Business and Professions Code
13 is amended to read:

14

7583.2.  

No person licensed as abegin delete private patrolend deletebegin insert security
15contractorend insert
operator shall do any of the following:

16(a) Fail to properly maintain an accurate and current record of
17all firearms or other deadly weapons that are in the possession of
18the licensee or of any employee while on duty. Within seven days
19after a licensee or his or her employees discover that a deadly
20weapon that has been recorded as being in his or her possession
21has been misplaced, lost, stolen, or is in any other way missing,
22the licensee or his or her manager shall mail or deliver to any local
23law enforcement agency that has jurisdiction, a written report
24concerning the incident. The report shall describe fully the
25 circumstances surrounding the incident, any injuries or damages
26incurred, the identity of all participants, and whether a police
27investigation was conducted.

28(b) Fail to properly maintain an accurate and current record of
29the name, address, commencing date of employment, and position
30of each employee, and the date of termination of employment when
31an employee is terminated.

32(c) Fail to properly maintain an accurate and current record of
33proof of completion by each employee of the licensee of the course
34of training in the exercise of the power to arrest as required by
35Section 7583.5, the security officer skills training required by
36subdivision (b) of Section 7583.6, and the annual practice and
37review required by subdivision (f) of Section 7583.6.

38(d) Fail to certify an employee’s completion of the course of
39training in the exercise of the power to arrest prior to placing the
40employee at a duty station.

P22   1(e) Fail to certify proof of current and valid registration for each
2employee who is subject to registration.

3(f) Permit any employee to carry a firearm or other deadly
4weapon without first ascertaining that the employee is proficient
5in the use of each weapon to be carried. With respect to firearms,
6evidence of proficiency shall include a certificate from a firearm
7training facility approved by the director certifying that the
8employee is proficient in the use of that specified caliber of firearm
9and a current and valid firearm qualification permit issued by the
10department. With respect to other deadly weapons, evidence of
11proficiency shall include a certificate from a training facility
12approved by the director certifying that the employee is proficient
13in the use of that particular deadly weapon.

14(g) Fail to deliver to the director a written report describing fully
15the circumstances surrounding the discharge of any firearm, or
16physical altercation with a member of the public while on duty,
17by a licensee or any officer, partner, or employee of a licensee
18while acting within the course and scope of his or her employment
19within seven days after the incident. For the purposes of this
20subdivision, a report shall be required only for physical altercations
21that result in any of the following: (1) the arrest of a security guard,
22(2) the filing of a police report by a member of the public, (3)
23injury on the part of a member of the public that requires medical
24attention, or (4) the discharge, suspension, or reprimand of a
25security guard by his or her employer. The report shall include,
26but not be limited to, a description of any injuries or damages
27incurred, the identity of all participants, and whether a police
28investigation was conducted. Any report may be investigated by
29the director to determine if any disciplinary action is necessary.

30(h) Fail to notify the bureau in writing and within 30 days that
31a manager previously qualified pursuant to this chapter is no longer
32connected with the licensee.

33(i) Fail to administer to each registered employee of the licensee,
34the review or practice training required by subdivision (f) of
35Section 7583.6.

36begin insert

begin insertSEC. 23.end insert  

end insert

begin insertSection 7583.21 of the end insertbegin insertBusiness and Professions Codeend insert
37begin insert is amended to read:end insert

38

7583.21.  

The registration of a security guard shall be
39automatically suspended if the guard is convicted of any crime
40which is substantially related to the functions, duties, and
P23   1responsibilities of a security guard. The automatic suspension shall
2be effectuated by the mailing of a notice of conviction and
3suspension of license to be sent by the bureau to the registered
4guard at his or her address of record. A copy of the notice shall be
5sent to the privatebegin delete patrol operatorend deletebegin insert security contractorend insert employing
6the guard with notice that the employer shall suspend any and all
7employment of the guard forthwith. The notice shall contain a
8statement of preliminary determination by the director or his or
9her designee that the crime stated is reasonably related to the
10functions, duties, and responsibilities of a security guard. Upon
11proper request by the guard, a hearing shall be convened within
1260 days of the request, before the private security disciplinary
13review committee, as specified in Section 7581.3, for a
14determination as to whether the automatic suspension shall be
15made permanent or whether the registration shall be revoked or
16the guard otherwise disciplined.

17In enacting this provision, the Legislature finds and declares that
18registered guards convicted of the commission of crimes reasonably
19related to the functions, duties, and responsibilities of a security
20guard shall be subject to automatic suspension of their license and
21that summary suspension is justified by compelling state interests
22of public safety and security within the meaning of the California
23Supreme Court’s decision in Eye Dog Foundation v. State Board
24of Guide Dogs for the Blind, 67 Cal. 2d 536.

25begin insert

begin insertSEC. 24.end insert  

end insert

begin insertSection 7583.38 of the end insertbegin insertBusiness and Professions Codeend insert
26begin insert is amended to read:end insert

27

7583.38.  

A city, county, or city and county may regulate the
28uniforms and insignias worn by uniformed employees of a private
29begin delete patrol operatorend deletebegin insert security contractorend insert and vehicles used by a private
30begin delete patrol operatorend deletebegin insert security contractorend insert to make the uniforms and
31vehicles clearly distinguishable from the uniforms worn by, and
32the vehicles used by, local regular law enforcement officers.

33begin insert

begin insertSEC. 25.end insert  

end insert

begin insertSection 7583.39 of the end insertbegin insertBusiness and Professions Codeend insert
34begin insert is amended to read:end insert

35

7583.39.  

No privatebegin delete patrol operatorend deletebegin insert security contractorend insert who
36employs a security guard who carries a firearm as part of his or
37her duties shall engage in any of the practices for which he or she
38is required to be licensed by this chapter, unless he or she maintains
39an insurance policy as defined in Section 7583.40.

P24   1begin insert

begin insertSEC. 26.end insert  

end insert

begin insertSection 7583.42 of the end insertbegin insertBusiness and Professions Codeend insert
2begin insert is amended to read:end insert

3

7583.42.  

The failure of a privatebegin delete patrol operatorend deletebegin insert security
4contractorend insert
to maintain an insurance policy as required by this
5article shall constitute grounds for the suspension of the private
6begin delete patrol operator’send deletebegin insert security contractor’send insert license.

7begin insert

begin insertSEC. 27.end insert  

end insert

begin insertSection 7583.46 of the end insertbegin insertBusiness and Professions Codeend insert
8begin insert is amended to read:end insert

9

7583.46.  

(a) (1) It shall be a violation of Section 1102.5 of
10the Labor Code for a privatebegin delete patrol operatorend deletebegin insert security contractorend insert
11 to discharge, demote, threaten, or in any manner discriminate
12against an employee in the terms and conditions of his or her
13employment, for disclosing information or causing information to
14be disclosed, to a government or law enforcement agency, when
15the information is related to conduct proscribed in this chapter.

16(2) A privatebegin delete patrol operatorend deletebegin insert security contractorend insert who
17intentionally violates this subdivision shall be liable in an action
18for damages brought against him or her by the injured party.

19(b) A person who believes that he or she has been discharged,
20demoted, threatened, or in any other manner discriminated against
21in the terms and conditions of his or her employment, because that
22person disclosed or caused information to be disclosed to a
23government or law enforcement agency, may bring a claim against
24the privatebegin delete patrol operatorend deletebegin insert security contractorend insert within three years
25of the date of the discharge, demotion, threat, or discrimination.

26(c) Neither the bureau nor the department is responsible for
27resolving claims under this section.

28begin insert

begin insertSEC. 28.end insert  

end insert

begin insertSection 7583.6 of the end insertbegin insertBusiness and Professions Codeend insert
29begin insert is amended to read:end insert

30

7583.6.  

(a) A person entering the employ of a licensee to
31perform the functions of a security guard or a security patrolperson
32shall complete a course in the exercise of the power to arrest prior
33to being assigned to a duty location.

34(b) Except for a registrant who has completed the course of
35training required by Section 7583.45, a person registered pursuant
36to this chapter shall complete not less than 32 hours of training in
37security officer skills within six months from the date the
38registration card is issued. Sixteen of the 32 hours shall be
39completed within 30 days from the date the registration card is
40issued.

P25   1(c) A course provider shall issue a certificate to a security guard
2upon satisfactory completion of a required course, conducted in
3accordance with the department’s requirements. A privatebegin delete patrol
4operatorend delete
begin insert security contractorend insert may provide training programs and
5courses in addition to the training required in this section. A
6registrant who is unable to provide his or her employing licensee
7the certificate of satisfactory completion required by this
8subdivision shall complete 16 hours of the training required by
9subdivision (b) within 30 days of the date of his employment and
10shall complete the 16 remaining hours within six months of his or
11her employment date.

12(d) The department shall develop and approve by regulation a
13standard course and curriculum for the skills training required by
14subdivision (b) to promote and protect the safety of persons and
15the security of property. For this purpose, the department shall
16consult with consumers, labor organizations representing private
17security officers, privatebegin delete patrol operatorsend deletebegin insert security contractorsend insert,
18educators, and subject matter experts.

19(e) The course of training required by subdivision (b) may be
20administered, tested, and certified by any licensee, or by any
21organization or school approved by the department. The department
22may approve any person or school to teach the course.

23(f) (1) On and after January 1, 2005, a licensee shall annually
24provide each employee registered pursuant to this chapter with
25eight hours of specifically dedicated review or practice of security
26officer skills prescribed in either course required in Section 7583.6
27or 7583.7.

28(2) A licensee shall maintain at the principal place of business
29or branch office a record verifying completion of the review or
30practice training for a period of not less than two years. The records
31shall be available for inspection by the bureau upon request.

32(g) This section does not apply to a peace officer as defined in
33Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2
34of the Penal Code who has successfully completed a course of
35study in the exercise of the power to arrest approved by the
36Commission on Peace Officer Standards and Training. This section
37does not apply to armored vehicle guards.

38(h) This section shall become operative on July 1, 2004.

39begin insert

begin insertSEC. 29.end insert  

end insert

begin insertSection 7583.7 of the end insertbegin insertBusiness and Professions Codeend insert
40begin insert is amended to read:end insert

P26   1

7583.7.  

(a) The course of training in the exercise of the power
2to arrest may be administered, tested, and certified by any licensee
3or by any organization or school approved by the department. The
4department may approve any person or school to teach the course
5in the exercise of the power to arrest. The course of training shall
6be approximately eight hours in length and shall cover the
7following topics:

8(1) Responsibilities and ethics in citizen arrest.

9(2) Relationship between a security guard and a peace officer
10in making an arrest.

11(3) Limitations on security guard power to arrest.

12(4) Restrictions on searches and seizures.

13(5) Criminal and civil liabilities.

14(A) Personal liability.

15(B) Employer liability.

16(6) Trespass law.

17(7) Ethics and communications.

18(8) Emergency situation response, including response to medical
19emergencies.

20(9) Security officer safety.

21(10) Any other topic deemed appropriate by the bureau.

22(b) The majority of the course shall be taught by means of verbal
23instruction. This instruction may include the use of a video
24presentation.

25(c) The department shall make available a guidebook as a
26standard for teaching the course in the exercise of the power to
27arrest. The department shall encourage additional training and may
28provide a training guide recommending additional courses to be
29taken by security personnel.

30(d) Privatebegin delete patrol operatorsend deletebegin insert security contractorsend insert shall provide
31a copy of the guidebook described in subdivision (c) to each person
32that they currently employ as a security guard and to each
33individual that they intend to hire as a security guard. The private
34begin delete patrol operatorend deletebegin insert security contractorend insert shall provide the guidebook to
35each person he or she intends to hire as a security guard a
36reasonable time prior to the time the person begins the course in
37the exercise of the power to arrest.

38(e) The bureau may inspect, supervise, or view the
39administration of the test at any time and without any prior
P27   1notification. Any impropriety in the administration of the course
2or the test shall constitute grounds for disciplinary action.

3(f) This section shall become operative on July 1, 2004.

4begin insert

begin insertSEC. 30.end insert  

end insert

begin insertSection 7583.9 of the end insertbegin insertBusiness and Professions Codeend insert
5begin insert is amended to read:end insert

6

7583.9.  

(a) Upon accepting employment by a privatebegin delete patrol
7operatorend delete
begin insert security contractorend insert, any employee who performs the
8function of a security guard or security patrolperson who is not
9currently registered with the bureau, shall complete an application
10for registration on a form as prescribed by the director, and obtain
11two classifiable fingerprint cards for submission to the Department
12of Justice. The applicant shall submit the application, the
13registration fee, and his or her fingerprints to the bureau. The
14bureau shall forward the classifiable fingerprint cards to the
15Department of Justice. The Department of Justice shall forward
16one classifiable fingerprint card to the Federal Bureau of
17Investigation for purposes of a background check.

18(b) If a privatebegin delete patrol operatorend deletebegin insert security contractorend insert pays the
19application fee on behalf of the applicant, nothing in this section
20shall preclude the privatebegin delete patrol operatorend deletebegin insert security contractorend insert from
21withholding the amount of the fee from the applicant’s
22compensation.

23(c) The licensee shall maintain supplies of applications and
24fingerprint cards that shall be provided by the bureau upon request.

25(d) In lieu of classifiable fingerprint cards provided for in this
26section, the bureau may authorize applicants to submit their
27fingerprints into an electronic fingerprinting system administered
28by the Department of Justice. Applicants who submit their
29fingerprints by electronic means shall have their fingerprints
30entered into the system through a terminal operated by a law
31enforcement agency or other facility authorized by the Department
32of Justice to conduct electronic fingerprinting. The enforcement
33agency responsible for operating the terminal may charge a fee
34sufficient to reimburse it for the costs incurred in providing this
35service.

36(e) Upon receipt of an applicant’s electronic or hard card
37fingerprints as provided in this section, the Department of Justice
38shall disseminate the following information to the bureau:

39(1) Every conviction rendered against the applicant.

P28   1(2) Every arrest for an offense for which the applicant is
2presently awaiting trial, whether the applicant is incarcerated or
3has been released on bail or on his or her own recognizance
4pending trial.

5(f) (1) The requirement in subdivision (a) to submit a fingerprint
6card does not apply to any of the following:

7(A) A currently employed, full-time peace officer holding peace
8officer status under Chapter 4.5 (commencing with Section 830)
9of Title 3 of Part 2 of the Penal Code.

10(B) A level I or level II reserve officer under paragraphs (1) and
11(2) of subdivision (a) of Section 832.6 of the Penal Code.

12(2) An individual listed in subparagraph (A) or (B) of paragraph
13(1) may immediately perform the functions of a security guard or
14security patrolperson provided that he or she has submitted an
15application, the applicable fees, and his or her fingerprints, if
16required to submit fingerprints pursuant to subdivision (a), to the
17bureau for a security guard registration.

18(3) This subdivision does not apply to a peace officer required
19to obtain a firearm qualification card pursuant to Section 7583.12.

20(g) Peace officers exempt from the submission of classifiable
21fingerprints pursuant to subdivision (f) shall submit verification
22of their active duty peace officer status to the bureau with their
23application for registration. A photocopy of the front and back of
24their peace officer identification badge shall be adequate
25 verification.

26(h) Peace officers exempt from the submission of classifiable
27fingerprints pursuant to subdivision (f) shall report a change in
28their active duty peace officer status to the bureau within 72 hours
29of the change in active duty peace officer status.

30(i) (1) Peace officers exempt from obtaining a firearm
31qualification card pursuant to subdivision (c) of Section 7583.12
32shall submit to the bureau with their application for registration a
33letter of approval from his or her primary employer authorizing
34him or her to carry a firearm while working as a security guard or
35security officer.

36(2) For purposes of this section, “primary employer” means a
37public safety agency currently employing a peace officer subject
38to this section.

39(j)  In addition to the amount authorized pursuant to Section
407570.1, the bureau may impose an additional fee not to exceed
P29   1three dollars ($3) for processing classifiable fingerprint cards
2submitted by applicants excluding those submitted into an
3electronic fingerprint system using electronic fingerprint
4technology.

5(k)  An employee shall, on the first day of employment, display
6to the client his or her registration card if it is feasible and practical
7to comply with this disclosure requirement. The employee shall
8thereafter display to the client his or her registration card upon the
9request of the client.

10begin insert

begin insertSEC. 31.end insert  

end insert

begin insertSection 7586 of the end insertbegin insertBusiness and Professions Codeend insert
11begin insert is amended to read:end insert

12

7586.  

A privatebegin delete patrol operatorend deletebegin insert security contractorend insert license,
13branch office certificate, and pocket card issued under this chapter
14expires two years following the date of issuance or on the assigned
15renewal date. Every privatebegin delete patrol operatorend deletebegin insert security contractorend insert
16 issued a license under this chapter that expires on or after January
171, 1997, and who is also issued or renews a firearms qualification
18card on or after January 1, 1997, shall be placed on a cyclical
19renewal so that the license expires on the expiration date of the
20firearms qualification card. Notwithstanding any other provision
21of law, the bureau is authorized to extend or shorten the first term
22of licensure following January 1, 1997, and to prorate the required
23license fee in order to implement this cyclical renewal.

24begin insert

begin insertSEC. 32.end insert  

end insert

begin insertSection 7588 of the end insertbegin insertBusiness and Professions Codeend insert
25begin insert is amended to read:end insert

26

7588.  

The fees prescribed by this chapter are as follows:

27(a) The application and examination fee for an original license
28for a privatebegin delete patrol operatorend deletebegin insert security contractorend insert may not exceed
29five hundred dollars ($500).

30(b) The application fee for an original branch office certificate
31for a privatebegin delete patrol operatorend deletebegin insert security contractorend insert may not exceed
32two hundred fifty dollars ($250).

33(c) The fee for an original license for a privatebegin delete patrol operatorend delete
34begin insert security contractorend insert may not exceed seven hundred dollars ($700).

35(d) The renewal fee is as follows:

36(1) For a license as a privatebegin delete patrol operatorend deletebegin insert security contractorend insert,
37the fee may not exceed seven hundred dollars ($700).

38(2) For a combination license as a private investigator under
39Chapter 11.3 (commencing with Section 7512) and privatebegin delete patrol
P30   1operatorend delete
begin insert security contractorend insert, AC or DC prefix, the fee may not
2exceed six hundred dollars ($600).

3(3) For a branch office certificate for a combination private
4investigator under Chapter 11.3 (commencing with Section 7512)
5and privatebegin delete patrol operatorend deletebegin insert security contractorend insert, the fee may not
6exceed forty dollars ($40), and for a privatebegin delete patrol operatorend deletebegin insert security
7contractorend insert
, the fee may not exceed seventy-five dollars ($75).

8(e) The delinquency fee is 50 percent of the renewal fee in effect
9on the date of expiration.

10(f) A reinstatement fee is equal to the amount of the renewal
11fee plus the regular delinquency fee.

12(g) The fee for reexamination of an applicant or his or her
13manager shall be the actual cost to the bureau for developing,
14purchasing, grading, and administering each examination.

15(h) Registration fees pursuant to this chapter are as follows:

16(1) A registration fee for a security guard shall not exceed fifty
17dollars ($50).

18(2) A security guard registration renewal fee shall not exceed
19thirty-five dollars ($35).

20(i) Fees to carry out other provisions of this chapter are as
21follows:

22(1) A firearms qualification fee may not exceed eighty dollars
23($80).

24(2) A firearms requalification fee may not exceed sixty dollars
25($60).

26(3) An initial baton certification fee may not exceed fifty dollars
27($50).

28(4) An application fee and renewal fee for certification as a
29firearms training facility or a baton training facility may not exceed
30five hundred dollars ($500).

31(5) An application fee and renewal fee for certification as a
32firearms training instructor or a baton training instructor may not
33exceed two hundred fifty dollars ($250).

34begin insert

begin insertSEC. 33.end insert  

end insert

begin insertSection 7590.3 of the end insertbegin insertBusiness and Professions Codeend insert
35begin insert is amended to read:end insert

36

7590.3.  

This chapter does not apply to:

37(a) A person employed exclusively and regularly by any
38employer who does not provide contract alarm services for other
39entities or persons, in connection with the affairs of that employer
40only and where there exists an employer-employee relationship.
P31   1A person so employed shall at no time carry or use any deadly
2weapon in the performance of his or her duties.

3(b) An officer or employee of the United States of America, or
4of this state or a political subdivision thereof, while the officer or
5employee is engaged in the performance of his or her official
6duties, including uniformed peace officers employed part time by
7a public agency pursuant to a written agreement between a chief
8of police or sheriff and the public agency.

9(c) Patrol special police officers appointed by the police
10commission of any city, county, or city and county under the
11express terms of its charter.

12(d) A licensed privatebegin delete patrol operatorend deletebegin insert security contractorend insert or any
13employee of a licensed privatebegin delete patrol operatorend deletebegin insert security contractorend insert
14 who is employed as a security guard, security officer, or street
15patrol person as defined in Section 7582.1 and who is employed
16to respond to alarm systems.

17begin insert

begin insertSEC. 34.end insert  

end insert

begin insertSection 53069.8 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
18to read:end insert

19

53069.8.  

(a) The board of supervisors of any county may
20contract on behalf of the sheriff of that county, and the legislative
21body of any city may contract on behalf of the chief of police of
22that city, to provide supplemental law enforcement services to:

23(1) Private individuals or private entities to preserve the peace
24at special events or occurrences that happen on an occasional basis.

25(2) Private nonprofit corporations that are recipients of federal,
26state, county, or local government low-income housing funds or
27grants to preserve the peace on an ongoing basis.

28(3) Private entities at critical facilities on an occasional or
29ongoing basis. A “critical facility” means any building, structure,
30or complex that in the event of a disaster, whether natural or
31manmade, poses a threat to public safety, including, but not limited
32to, airports, oil refineries, and nuclear and conventional fuel
33powerplants.

34(b) Contracts entered into pursuant to this section shall provide
35for full reimbursement to the county or city of the actual costs of
36providing those services, as determined by the county auditor or
37auditor-controller, or by the city, as the case may be.

38(c) (1) The services provided pursuant to this section shall be
39rendered by regularly appointed full-time peace officers, as defined
40in Section 830.1 of the Penal Code.

P32   1(2) Notwithstanding paragraph (1), services provided in
2connection with special events or occurrences, as specified in
3paragraph (1) of subdivision (a), may be rendered by Level I
4reserve peace officers, as defined in paragraph (2) of subdivision
5(a) of Section 830.6 of the Penal Code, who are authorized to
6exercise the powers of a peace officer, as defined in Section 830.1
7of the Penal Code, if there are no regularly appointed full-time
8peace officers available to fill the positions as required in the
9contract.

10(d) Peace officer rates of pay shall be governed by a
11memorandum of understanding.

12(e) A contract entered into pursuant to this section shall
13encompass only law enforcement duties and not services authorized
14to be provided by a privatebegin delete patrol operatorend deletebegin insert security contractorend insert, as
15defined in Section 7582.1 of the Business and Professions Code.

16(f) Contracting for law enforcement services, as authorized by
17this section, shall not reduce the normal and regular ongoing
18service that the county, agency of the county, or city otherwise
19would provide.

20(g) Prior to contracting for ongoing services under paragraph
21(2) or (3) of subdivision (a), the board of supervisors or legislative
22body, as applicable, shall discuss the contract and the requirements
23of this section at a duly noticed public hearing.

24begin insert

begin insertSEC. 35.end insert  

end insert

begin insertSection 512 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert

25

512.  

(a) An employer may not employ an employee for a work
26period of more than five hours per day without providing the
27employee with a meal period of not less than 30 minutes, except
28that if the total work period per day of the employee is no more
29than six hours, the meal period may be waived by mutual consent
30of both the employer and employee. An employer may not employ
31an employee for a work period of more than 10 hours per day
32without providing the employee with a second meal period of not
33less than 30 minutes, except that if the total hours worked is no
34more than 12 hours, the second meal period may be waived by
35mutual consent of the employer and the employee only if the first
36meal period was not waived.

37(b) Notwithstanding subdivision (a), the Industrial Welfare
38 Commission may adopt a working condition order permitting a
39meal period to commence after six hours of work if the commission
P33   1determines that the order is consistent with the health and welfare
2of the affected employees.

3(c) Subdivision (a) does not apply to an employee in the
4wholesale baking industry who is subject to an Industrial Welfare
5Commission wage order and who is covered by a valid collective
6bargaining agreement that provides for a 35-hour workweek
7consisting of five 7-hour days, payment of one and one-half times
8the regular rate of pay for time worked in excess of seven hours
9per day, and a rest period of not less than 10 minutes every two
10hours.

11(d) If an employee in the motion picture industry or the
12broadcasting industry, as those industries are defined in Industrial
13Welfare Commission Wage Order Numbers 11 and 12, is covered
14by a valid collective bargaining agreement that provides for meal
15periods and includes a monetary remedy if the employee does not
16receive a meal period required by the agreement, then the terms,
17conditions, and remedies of the agreement pertaining to meal
18periods apply in lieu of the applicable provisions pertaining to
19meal periods of subdivision (a) of this section, Section 226.7, and
20Industrial Welfare Commission Wage Order Numbers 11 and 12.

21(e) Subdivisions (a) and (b) do not apply to an employee
22specified in subdivision (f) if both of the following conditions are
23satisfied:

24(1) The employee is covered by a valid collective bargaining
25agreement.

26(2) The valid collective bargaining agreement expressly provides
27for the wages, hours of work, and working conditions of
28employees, and expressly provides for meal periods for those
29employees, final and binding arbitration of disputes concerning
30application of its meal period provisions, premium wage rates for
31all overtime hours worked, and a regular hourly rate of pay of not
32less than 30 percent more than the state minimum wage rate.

33(f) Subdivision (e) applies to each of the following employees:

34(1) An employee employed in a construction occupation.

35(2) An employee employed as a commercial driver.

36(3) An employee employed in the security services industry as
37a security officer who is registered pursuant to Chapter 11.5
38(commencing with Section 7580) of Division 3 of the Business
39and Professions Code, and who is employed by a privatebegin delete patrol
40operatorend delete
begin insert security contractorend insert registered pursuant to that chapter.

P34   1(4) An employee employed by an electrical corporation, a gas
2corporation, or a local publicly owned electric utility.

3(g) The following definitions apply for the purposes of this
4section:

5(1) “Commercial driver” means an employee who operates a
6vehicle described in Section 260 or 462 of, or subdivision (b) of
7Section 15210 of, the Vehicle Code.

8(2) “Construction occupation” means all job classifications
9associated with construction by Article 2 (commencing with
10Section 7025) of Chapter 9 of Division 3 of the Business and
11Professions Code, including work involving alteration, demolition,
12building, excavation, renovation, remodeling, maintenance,
13 improvement, and repair, and any other similar or related
14occupation or trade.

15(3) “Electrical corporation” has the same meaning as provided
16in Section 218 of the Public Utilities Code.

17(4) “Gas corporation” has the same meaning as provided in
18Section 222 of the Public Utilities Code.

19(5) “Local publicly owned electric utility” has the same meaning
20as provided in Section 224.3 of the Public Utilities Code.

21begin insert

begin insertSEC. 36.end insert  

end insert

begin insertSection 11105.4 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
22read:end insert

23

11105.4.  

(a) Notwithstanding any other provision of law, a
24contract or proprietary security organization may request any
25criminal history information concerning its prospective employees
26that may be furnished pursuant to subdivision (n) of Section 11105.

27(b) The Department of Justice shall promulgate regulations to
28assure that criminal record information is not released to persons
29or entities not authorized to receive the information under this
30section.

31(c) Any criminal history information obtained pursuant to this
32section shall be subject to the same requirements and conditions
33that the information is subject to when obtained by a human
34resource agency or a bank.

35(d) The Legislature finds that contract security organizations
36and private security organizations often provide security service
37for financial institutions and human resource agencies, and,
38consequently, they have the same need for criminal history
39information as do those entities. Therefore, the Legislature intends
40to provide authority for contract security organizations and
P35   1proprietary security organizations to obtain criminal history
2information to the extent that financial institutions and human
3resource agencies have that authority concerning their own
4employees.

5(e) As used in this section, “contract security organization”
6means a person, business, or organization licensed to provide
7services as a privatebegin delete patrol operatorend deletebegin insert security contractorend insert, as defined
8in subdivision (a) of Section 7582.1 of the Business and Professions
9Code.

10As used in this section, “proprietary security organization” means
11an organization within a business entity that has the primary
12responsibility of protecting the employees and property of its
13employer, and which allocates a substantial part of its annual
14budget to providing security and protective services for its
15employer, including providing qualifying and in-service training
16to members of the organization.

17(f) Any criminal history information obtained pursuant to this
18section is confidential and no recipient shall disclose its contents
19other than for the purpose for which it was acquired.

20begin insert

begin insertSEC. 37.end insert  

end insert

begin insertSection 22835 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

21

22835.  

Notwithstanding any other provision of law, a person
22holding a license as a private investigator pursuant to Chapter 11.3
23(commencing with Section 7512) of Division 3 of the Business
24and Professions Code, or as a privatebegin delete patrol operatorend deletebegin insert security
25contractorend insert
pursuant to Chapter 11.5 (commencing with Section
267580) of Division 3 of the Business and Professions Code, or a
27uniformed patrolperson employee of a privatebegin delete patrol operatorend delete
28begin insert security contractorend insert, may purchase, possess, or transport any tear
29gas weapon, if it is used solely for defensive purposes in the course
30of the activity for which the license was issued and if the person
31has satisfactorily completed a course of instruction approved by
32the Department of Consumer Affairs in the use of tear gas.

33begin insert

begin insertSEC. 38.end insert  

end insert

begin insertSection 120220.5 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is
34amended to read:end insert

35

120220.5.  

The board may provide and maintain by contract
36with a public agency or by other means, a security force to enforce
37its regulations, to preserve and protect any public transit system
38or project financed pursuant to this division, and to preserve and
39protect the public peace, health, and safety with respect to its
40system or projects. Alternatively, the board may contract with a
P36   1privatebegin delete patrol operatorend deletebegin insert security contractorend insert licensed pursuant to
2Chapter 11.5 (commencing with Section 7580) of Division 3 of
3the Business and Professions Code, with the county sheriff and
4municipal police departments within the areas described in Section
5120054, and with other transit development boards for security,
6police, and related services.

7begin insert

begin insertSEC. 39.end insert  

end insert

begin insertSection 125220 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is
8amended to read:end insert

9

125220.  

The district may make contracts and enter into
10stipulations of any nature whatsoever, either in connection with
11eminent domain proceedings or otherwise, including, but not
12limited to, contracts and stipulations to indemnify and save
13harmless, to employ labor, to contract with a privatebegin delete patrol operatorend delete
14begin insert security contractorend insert licensed pursuant to Chapterbegin delete 11 (commencing
15with Section 7500)end delete
begin insert 11.5 (commencing with Section 7580)end insert of
16Division 3 of the Business and Professions Code, the county sheriff
17and municipal police departments within the areas described in
18Section 125052, and other transit development boards for security,
19police, and related services, and to do all acts necessary and
20convenient for the full exercise of the powers granted in this
21division.



O

    98