Amended in Assembly May 6, 2013

Amended in Assembly April 18, 2013

Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 759

Introduced by Assembly Member Daly

February 21, 2013

An act to amend Sections 7570, 7574.14, 7580.6, 7580.12, 7581, 7581.1, 7581.3, 7582.05, 7582.1, 7582.11, 7582.13, 7582.2, 7582.20, 7582.22, 7582.26, 7582.27, 7582.3, 7582.5, 7582.9, 7583, 7583.1, 7583.2, 7583.21, 7583.38, 7583.39, 7583.42, 7583.46, 7583.6, 7583.7, 7583.9, 7586, 7588, and 7590.3 of, to amend the heading of Article 4 (commencing with Section 7583) of Chapter 11.5 of Division 3 of, and to repeal and add Section 7580.2 of, the Business and Professions Code, to amend Section 53069.8 of the Government Code, to amend Section 512 of the Labor Code, to amend Sections 11105.4 and 22835 of the Penal Code, and to amend Sections 120220.5 and 125220 of the Public Utilities Code, relating to private patrol operators.

LEGISLATIVE COUNSEL’S DIGEST

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

Existing law generally regulates private security services, including, among other things, requiring the licensing of private patrol operators, as defined, and imposing various restrictions and obligations on private patrol operators, as specified.

This bill would replace the term private patrol operator with the term private security contractor for these purposes. The bill would make related, conforming changes. The bill would additionally provide that for those purposes, the term “security officer” includes the terms “security guard,” “guard,” “patrolperson,” and “watchman.”

Existing law requires the Chief of the Bureau of Security and Investigative Services to issue a license, the form and content of which shall be determined by the chief, as specified, to any private patrol operator licensee, as specified.

This bill would require the bureau to post these licenses on the bureau’s Internet Web site and would provide that the license is effective upon posting on the Internet Web site.

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

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

Existing law establishes certain criteria to be met in order for a person to become a qualified manager of a private patrol operator.

This bill would add to those criteria the requirements that the person has 2080 hours of experience as a security guard or an equivalent amount of military experience, as specified, is currently registered as a security guard, and has 2080 hours of experience as a manager of a private patrol operator. The bill would provide that a qualified manager may not be employed as a qualified manager by more than 5 corporations or other business entities simultaneously.

Existing law prohibits a private patrol operator or officer, director, partner, manager, or employee of a private patrol operator from using or wearing a badge, except while engaged in guard or patrol work and while wearing a distinctive uniform, with specified patches.

This bill would provide that the distinctive uniform for those purposes may consist of a begin delete military or end delete police style uniform. The bill would also provide that a private security contractor or officer, director, partner, manager, or employee of a private security contractor, who is unarmed, may wear a business suit, blazer, or polo shirt provided that the person also displays a company issued photo identification designating the person’s name, employing company, and employee number, in lieu of specified badge and uniform patch requirements.

Existing law provides that the Director of Consumer Affairs may require an applicant for a private patrol operator license, or his or her manager, to demonstrate his or her qualifications by a written or oral examination, or a combination of both.

This bill would provide that the examination results would be valid for no more than 7 years after expiration of the license, unless reauthorized by the bureau.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

Section 7570 of the Business and Professions
Code is amended to read:

7570.  

The fees prescribed by this chapter are as follows:

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

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

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

(d) The renewal fee is as follows:

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

(2) For a combination license as a private investigator and
private security contractor under Chapter 11.5 (commencing with
Section 7580), AC or DC prefix, the fee may not exceed six
hundred dollars ($600).

(3) For a branch office certificate for a private investigator, the
fee may not exceed thirty dollars ($30), and for a combination
private investigator and private security contractor under Chapter
11.5 (commencing with Section 7580), the fee may not exceed
forty dollars ($40).

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

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

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

SEC. 2.  

Section 7574.14 of the Business and Professions Code
is amended to read:

7574.14.  

This chapter shall not apply to the following:

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

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

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

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

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

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

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

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

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

(j) A peace officer of this state or a political subdivision thereof
while the peace officer is employed by a private employer to
engage in off-duty employment in accordance with Section 1126
of the Government Code. However, nothing herein shall exempt
a peace officer who either contracts for his or her services or the
services of others as a private security contractor or contracts for
his or her services as or is employed as an armed private security
officer. For purposes of this subdivision, “armed security officer”
means an individual who carries or uses a firearm in the course
and scope of that contract or employment.

(k) A retired peace officer of the state or political subdivision
thereof when the retired peace officer is employed by a private
employer in employment approved by the chief law enforcement
officer of the jurisdiction where the employment takes place,
provided that the retired officer is in a uniform of a public law
enforcement agency, has registered with the bureau on a form
approved by the director, and has met any training requirements
or their equivalent as established for security personnel under
Section 7583.5. This officer may not carry an unloaded and
exposed handgun unless he or she is exempted under the provisions
of Article 2 (commencing with Section 26361) of Chapter 6 of
Division 5 of Title 4 of Part 6 of the Penal Code, may not carry
an unloaded firearm that is not a handgun unless he or she is
exempted under the provisions of Article 2 (commencing with
Section 26405) of Chapter 7 of Division 5 of Title 4 of Part 6 of
the Penal Code, and may not carry a loaded or concealed firearm
unless he or she is exempted under the provisions of Sections
25450 to 25475, inclusive, of the Penal Code or Sections 25900
to 25910, inclusive, of the Penal Code or has met the requirements
set forth in subdivision (d) of Section 26030 of the Penal Code.
However, nothing herein shall exempt the retired peace officer
who contracts for his or her services or the services of others as a
private security contractor.

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

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

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

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

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

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

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

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

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

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

SEC. 3.  

Section 7580.2 of the Business and Professions Code
is repealed.

SEC. 4.  

Section 7580.2 is added to the Business and Professions
Code, to read:

7580.2.  

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

SEC. 5.  

Section 7580.6 of the Business and Professions Code
is amended to read:

7580.6.  

As used in this chapter, “licensee” means a person
licensed under this chapter and includes, but is not limited to,
private security contractor and armored contract carrier.

SEC. 6.  

Section 7580.12 of the Business and Professions Code
is amended to read:

7580.12.  

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

(b) Every power and duty granted to or imposed upon the
director may be exercised by any other officer or employee of the
Department of Consumer Affairs authorized by the director, but
the director shall have the supervision of and the responsibility for
all powers and duties exercised by these officers and employees.

SEC. 7.  

Section 7581 of the Business and Professions Code is
amended to read:

7581.  

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

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

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

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

(d) Establishing the qualifications that any person employed by
a private security contractor or any lawful business as a security
guard or patrolperson, or employed by an armored contract carrier,
must meet as a condition of becoming eligible to carry firearms
pursuant to Section 26030 of the Penal Code.

(e) Requiring each uniformed employee of a private security
contractor and each armored vehicle guard, as defined in this
chapter, and any other person employed and compensated by a
private security contractor or any lawful business as a security
guard or patrolperson and who in the course of this employment
carries a deadly weapon to be registered with the bureau upon
application on a form prescribed by the director accompanied by
the registration fee and by two classifiable sets of fingerprints of
the applicant or its equivalent as determined by the director and
approved by the Department of Justice, establishing the term of
the registration for a period of not less than two nor more than four
years, and providing for the renewal thereof upon proper
application and payment of the renewal fee. The director may,
after opportunity for a hearing, refuse this registration to any person
who lacks good moral character, and may impose reasonable
additional requirements as are necessary to meet local needs that
are not inconsistent with the provisions of this chapter.

(f) Establishing procedures whereby the local authorities of any
city, county, or city and county may file charges with, or any
person in this state may file a complaint with, the director alleging
that any licensed private security contractor, registered security
guard, or patrolperson, or anyone who is an applicant for
registration or licensure with the bureau, fails to meet standards
for registration or licensure, or violates any provision of this
chapter, and providing further for the investigation of the charges
and a response to the charging or complaining party in the manner
described in subdivision (b) of Section 129.

(g) Requiring private security contractors and any lawful
business to maintain detailed records identifying all firearms in
their possession or under their control, and the employees or
persons authorized to carry or have access to those firearms.

SEC. 8.  

Section 7581.1 of the Business and Professions Code
is amended to read:

7581.1.  

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

Each disciplinary review committee shall consist of five
members. Of the five members, one member shall be actively
engaged in the business of a licensed private security contractor,
one member shall be actively engaged in the business of a firearm
training facility, one member shall be actively engaged in the
business of a registered security guard, and two members shall be
public members. None of the public members shall be licensees
or registrants or engaged in any business or profession in which
any part of the fees, compensation, or revenue thereof, is derived
from any licensee.

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

SEC. 9.  

Section 7581.3 of the Business and Professions Code
is amended to read:

7581.3.  

A private security contractor, qualified manager of a
private security contractor, security guard, firearm qualification
cardholder, firearm training facility, firearm training instructor,
baton training facility, or baton training instructor may request a
review by a disciplinary review committee to contest the
assessment of an administrative fine or to appeal a denial,
revocation, or suspension of a license, certificate, or registration
unless the denial, revocation, or suspension is ordered by the
director in accordance with Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code.

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

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

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

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

SEC. 10.  

Section 7582.05 of the Business and Professions
Code is amended to read:

7582.05.  

(a) Notwithstanding any other provision of law, any
person engaging in a business as a private security contractor who
violates Section 7582 is guilty of an infraction subject to the
procedures described in Sections 19.6 and 19.7 of the Penal Code
under either of the following circumstances:

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

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

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

(c) Notwithstanding any other provision of law, a violation of
Section 7582, which is an infraction, is punishable by a fine of one
thousand dollars ($1,000). No portion of the fine may be suspended
by the court unless as a condition of that suspension the defendant
is required to submit proof of a current valid license for the
profession of private security contractor which was the basis for
his or her conviction.

SEC. 11.  

Section 7582.1 of the Business and Professions Code
is amended to read:

7582.1.  

(a) A private security contractor, or operator of a
private patrol service, within the meaning of this chapter is a
person, other than an armored contract carrier, who, for any
consideration whatsoever:

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

(b) A person licensed as a private security contractor only may
not make any investigation or investigations except those that are
incidental to the theft, loss, embezzlement, misappropriation, or
concealment of any property, or any other thing enumerated in
this section, which he or she has been hired or engaged to protect,
guard, or watch.

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

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

(e) A security guard or security officer, within the meaning of
this chapter, is an employee of a private security contractor, or an
employee of a lawful business or public agency who is not
exempted pursuant to Section 7582.2, who performs the functions
as described in subdivision (a) on or about the premises owned or
controlled by the customer of the private security contractor or by
the guard’s employer or in the company of persons being protected.

(f) A street patrolperson, within the meaning of this chapter, is
a security guard or security officer employed by a private security
contractor who performs the functions described in subdivision
(a) by street patrol service utilizing foot patrol, motor patrol, or
other means of transportation in public areas, streets begin insert , end insert or public
thoroughfares in order to serve multiple customers. “Street
patrolperson” does not include management or supervisory
employees of the private security contractor moving from one
customer location to another to inspect personnel or security guards
or security officers.

SEC. 12.  

Section 7582.11 of the Business and Professions
Code is amended to read:

7582.11.  

The chief shall issue a license, the form and content
of which shall be determined by the chief in accordance with
Section 164. In addition, the chief shall issue a “Certificate of
Licensure” to any licensee, upon request and upon the payment of
a fee of fifty dollars ($50). The license shall also be posted on the
bureau’s Internet Web site and shall be effective upon posting on
the Internet Web site.

SEC. 13.  

Section 7582.13 of the Business and Professions
Code is amended to read:

7582.13.  

Upon the issuance of a license, a pocket card of the
size, design, and content determined by the director shall be issued
to each licensee, if an individual, or, if the licensee is a person
other than an individual, to its manager, and to each of its officers
and partners. The pocket card is evidence that the licensee is
licensed pursuant to this chapter. The card shall contain the
signature of the licensee, signature of the chief, and a photograph
of the licensee, or bearer of the card, if the licensee is other than
an individual. The card shall clearly state that the person is licensed
as a private security contractor or is the manager or officer of the
licensee. The applicant may request to be issued an enhanced
pocket card that shall be composed of a durable material and may
incorporate technologically advanced security features. The bureau
may charge a fee sufficient to reimburse the department’s costs
for furnishing the enhanced pocket card. The fee charged may not
exceed the actual costs for system development, maintenance, and
processing necessary to provide this service, and may not exceed
six dollars ($6). If the applicant does not request an enhanced card,
the department shall issue a standard card at no cost. When a person
to whom a card is issued terminates his or her position, office, or
association with the licensee, the card shall be surrendered to the
licensee and within five days thereafter shall be mailed or delivered
by the licensee to the bureau for cancellation. Every person, while
engaged in any activity for which registration is required, shall
display their valid pocket card as provided by regulation.

SEC. 14.  

Section 7582.2 of the Business and Professions Code
is amended to read:

7582.2.  

This chapter does not apply to the following:

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

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

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

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

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

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

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

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

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

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

(k) A peace officer of this state or a political subdivision thereof
while the peace officer is employed by a private employer to
engage in off-duty employment in accordance with Section 1126
of the Government Code. However, nothing herein shall exempt
a peace officer who either contracts for his or her services or the
services of others as a private security contractor or contracts for
his or her services as or is employed as an armed private security
officer. For purposes of this subdivision, “armed security officer”
means an individual who carries or uses a firearm in the course
and scope of that contract or employment.

(l) A retired peace officer of the state or political subdivision
thereof when the retired peace officer is employed by a private
employer in employment approved by the chief law enforcement
officer of the jurisdiction where the employment takes place,
provided that the retired officer is in a uniform of a public law
enforcement agency, has registered with the bureau on a form
approved by the director, and has met any training requirements
or their equivalent as established for security personnel under
Section 7583.5. This officer may not carry an unloaded and
exposed handgun unless he or she is exempted under the provisions
of Article 2 (commencing with Section 26361) of Chapter 6 of
Division 5 of Title 4 of Part 6 of the Penal Code, may not carry
an unloaded firearm that is not a handgun unless he or she is
exempted under the provisions of Article 2 (commencing with
Section 26405) of Chapter 7 of Division 5 of Title 4 of Part 6 of
the Penal Code, and may not carry a loaded or concealed firearm
unless he or she is exempted under the provisions of Article 2
(commencing with Section 25450) of Chapter 2 of Division 5 of
Title 4 of Part 6 of the Penal Code or Sections 25900 to 25910,
inclusive, of the Penal Code or has met the requirements set forth
in subdivision (d) of Section 26030 of the Penal Code. However,
nothing herein shall exempt the retired peace officer who contracts
for his or her services or the services of others as a private security
contractor.

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 15.  

Section 7582.20 of the Business and Professions
Code is amended to read:

7582.20.  

(a) (1) Every advertisement by a licensee soliciting
or advertising business shall contain his or her name, address, and
license number as they appear in the records of the bureau. For
the purpose of this section, “advertisement” includes any business
card, stationery, brochure, flyer, circular, newsletter, fax form,
printed or published paid advertisement in any media form,
telephone book listing, Internet Web site, or social media. Every
advertisement by a licensee soliciting or advertising the licensee’s
business shall contain his or her business name, business address
or business telephone number, and license number, as they appear
in the records of the bureau.

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

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

SEC. 16.  

Section 7582.22 of the Business and Professions
Code is amended to read:

7582.22.  

(a) The business of each licensee shall be operated
under the active direction, control, charge, or management, in this
state, of the licensee, if he or she is qualified, or the person who
is qualified to act as the licensee’s manager, if the licensee is not
qualified. Any licensee conducting business in this state whose
primary office is located outside of this state shall do both of the
following:

(1) Maintain an office in this state operated under the active
direction, control, charge, or management of a qualified manager.

(2) Maintain at the office in this state all records required under
this chapter and under rules adopted by the bureau.

(b) No person shall act as a qualified manager of a licensee until
he or she has complied with each of the following:

(1) Demonstrated his or her qualifications by a written or oral
examination, or a combination of both, if required by the director.

(2) Made a satisfactory showing to the director that he or she
has the qualifications prescribed in Section 7582.8 and that none
of the facts stated in Section 7582.24 or 7582.25 exist as to him
or her.

(3) Has 2080 hours of experience as a security guard. An
equivalent amount of military experience may be substituted for
this requirement.

(4) Is currently registered as a security guard.

(5) Has 2080 hours of experience as a manager of a security
contractor.

(c) A qualified manager may not be employed as a qualified
manager by more than five corporations or other business entities
simultaneously.

SEC. 17.  

Section 7582.26 of the Business and Professions
Code is amended to read:

7582.26.  

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

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

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

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

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

(f) (1) No private security contractor or officer, director, partner,
manager, or employee of a private patrol licensee shall use or wear
a badge, except while engaged in guard or patrol work and while
wearing a distinctive uniform. A uniform may include begin delete military or end delete
police styles. A private security contractor or officer, director,
partner, manager, or employee of a private security contractor
wearing a distinctive uniform shall wear a patch on each shoulder
of his or her uniform that reads “private security” and that includes
the name of the private security contractor by which the person is
employed or for which the person is a representative and a badge
or cloth patch on the upper left breast of the uniform. All patches
and badges worn on a distinctive uniform shall be of a standard
design approved by the director and shall be clearly visible. A
private security contractor or officer, director, partner, manager,
or employee of a private security contractor, who is unarmed, may
wear a business suit, blazer, or polo shirt provided that the person
also displays a company issued photo identification designating
the person’s name, employing company, and employee number,
which may be used in lieu of the other badge and patch
requirements. begin insert The bureau may adopt regulations to further clarify
and define what constitutes a distinctive uniform for purposes of
this section. end insert

(2) The director may assess a fine of two hundred fifty dollars
($250) per violation of this subdivision.

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

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

(i) No private security contractor or officer, director, partner,
or manager of a private security contractor, or person required to
be registered as a security guard pursuant to this chapter shall use
or wear a baton or exposed firearm as authorized by this chapter
unless he or she is wearing a uniform which complies with the
requirements of Section 7582.27.

SEC. 18.  

Section 7582.27 of the Business and Professions
Code is amended to read:

7582.27.  

(a) Any person referred to in subdivision (i) of
Section 7582.26 who uses or wears a baton or exposed firearm as
authorized pursuant to this chapter shall wear a patch on each arm
that reads “private security” and that includes the name of the
company by which the person is employed or for which the person
is a representative. The patch shall be clearly visible at all times.
The patches of a private security contractor, or his or her employees
or representatives shall be of a standard design approved by the
director.

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

SEC. 19.  

Section 7582.3 of the Business and Professions Code
is amended to read:

7582.3.  

(a) Unless specifically exempted by Section 7582.2,
no person shall engage in the business of private security
contractor, as defined in Section 7582.1, unless that person has
applied for and received a license to engage in that business
pursuant to this chapter.

(b) Any person who violates any provision of this chapter or
who conspires with another person to violate any provision of this
chapter relating to private security contractor licensure, or who
knowingly engages a nonexempt unlicensed person is guilty of a
misdemeanor punishable by a fine of five thousand dollars ($5,000)
or by imprisonment in the county jail not to exceed one year, or
by both that fine and imprisonment.

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

(d) Any person who: (1) acts as or represents himself or herself
to be a private security contractor under this chapter when that
person is not a licensee under this chapter; (2) falsely represents
that he or she is employed by a licensee under this chapter when
that person is not employed by a licensee under this chapter; (3)
carries a badge, identification card, or business card, indicating
that he or she is a licensee under this chapter when that person is
not a licensee under this chapter; (4) uses a letterhead or other
written or electronically generated materials indicating that he or
she is a licensee under this chapter when that person is not a
licensee under this chapter; or (5) advertises that he or she is a
licensee under this chapter when that person is not a licensee, is
guilty of a misdemeanor that is punishable by a fine of ten thousand
dollars ($10,000) or by imprisonment in a county jail for not more
than one year, or by both that fine and imprisonment.

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

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

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

(h) The chief shall gather evidence of violations of this chapter
and of any rule or regulation established pursuant to this chapter
by persons engaged in the business of private security contractor
who fail to obtain licenses and shall gather evidence of violations
and furnish that evidence to prosecuting officers of any county or
city for the purpose of prosecuting all violations occurring within
their jurisdiction.

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

SEC. 20.  

Section 7582.5 of the Business and Professions Code
is amended to read:

7582.5.  

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

(b) The provisions of this chapter shall not prevent the local
authorities of any city, county, or city and county, by ordinance
and within the exercise of the police power of the city, county, or
city and county from imposing local regulations upon any
employees of a private security contractor who are unable to furnish
evidence of current registration pursuant to subdivision (f) of
Section 7581.

(c) The provisions of this chapter shall not prevent the local
authorities of any city, county, or city and county, by ordinance
and within the exercise of the police power of the city, county, or
city and county from requiring private security contractors and
their employees to register their name and file a copy of their state
identification card with the city, county, or city and county. No
fee may be charged and no application may be required by the
city, county, or city and county for this registration.

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

SEC. 21.  

Section 7582.9 of the Business and Professions Code
is amended to read:

7582.9.  

The director may require an applicant or his or her
manager, to demonstrate his or her qualifications by a written or
oral examination, or a combination of both. The examination results
shall be valid for no more than seven years after expiration of the
license, unless reauthorized by the bureau.

SEC. 22.  

The heading of Article 4 (commencing with Section
7583) of Chapter 11.5 of Division 3 of the Business and Professions
Code is amended to read:

 

Article 4.  Private Security Contractors

 

SEC. 23.  

Section 7583 of the Business and Professions Code
is amended to read:

7583.  

For purposes of this article, “licensee” means a licensed
private security contractor.

SEC. 24.  

Section 7583.1 of the Business and Professions Code
is amended to read:

7583.1.  

(a) An applicant, or his or her manager, for a license
as a private security contractor shall have had at least one year of
experience as a patrolperson, guard, or watchman, or the equivalent
thereof as determined by the director. An applicant shall
substantiate the claimed year of qualifying experience and the
exact details as to the character and nature thereof by written
certifications from the employer, subject to independent verification
by the chief as he or she may determine. In the event of inability
of an applicant to supply the written certifications from the
employer in whole or in part, applicants may offer other written
certifications from other than employers substantiating employment
for consideration by the chief.

(b) An individual who, upon the determination of the chief, has
served in the armed services and possesses the proper skills may
be eligible to take the private security contractor licensing
examination. In that case the chief may waive any other required
training courses, as he or she determines. However, if the applicant
fails the licensing examination, the chief may not thereafter waive
completion of any required training courses.

SEC. 25.  

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

7583.2.  

No person licensed as a security contractor operator
shall do any of the following:

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

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

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

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

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

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

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

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

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

SEC. 26.  

Section 7583.21 of the Business and Professions
Code is amended to read:

7583.21.  

The registration of a security guard shall be
automatically suspended if the guard is convicted of any crime
which is substantially related to the functions, duties, and
responsibilities of a security guard. The automatic suspension shall
be effectuated by the mailing of a notice of conviction and
suspension of license to be sent by the bureau to the registered
guard at his or her address of record. A copy of the notice shall be
sent to the private security contractor employing the guard with
notice that the employer shall suspend any and all employment of
the guard forthwith. The notice shall contain a statement of
preliminary determination by the director or his or her designee
that the crime stated is reasonably related to the functions, duties,
and responsibilities of a security guard. Upon proper request by
the guard, a hearing shall be convened within 60 days of the
request, before the private security disciplinary review committee,
as specified in Section 7581.3, for a determination as to whether
the automatic suspension shall be made permanent or whether the
registration shall be revoked or the guard otherwise disciplined.

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

SEC. 27.  

Section 7583.38 of the Business and Professions
Code is amended to read:

7583.38.  

A city, county, or city and county may regulate the
uniforms and insignias worn by uniformed employees of a private
security contractor and vehicles used by a private security
contractor to make the uniforms and vehicles clearly
distinguishable from the uniforms worn by, and the vehicles used
by, local regular law enforcement officers.

SEC. 28.  

Section 7583.39 of the Business and Professions
Code is amended to read:

7583.39.  

No private security contractor who employs a security
guard who carries a firearm as part of his or her duties shall engage
in any of the practices for which he or she is required to be licensed
by this chapter, unless he or she maintains an insurance policy as
defined in Section 7583.40.

SEC. 29.  

Section 7583.42 of the Business and Professions
Code is amended to read:

7583.42.  

The failure of a private security contractor to maintain
an insurance policy as required by this article shall constitute
grounds for the suspension of the private security contractor’s
license.

SEC. 30.  

Section 7583.46 of the Business and Professions
Code is amended to read:

7583.46.  

(a) (1) It shall be a violation of Section 1102.5 of
the Labor Code for a private security contractor to discharge,
demote, threaten, or in any manner discriminate against an
employee in the terms and conditions of his or her employment,
for disclosing information or causing information to be disclosed,
to a government or law enforcement agency, when the information
is related to conduct proscribed in this chapter.

(2) A private security contractor who intentionally violates this
subdivision shall be liable in an action for damages brought against
him or her by the injured party.

(b) A person who believes that he or she has been discharged,
demoted, threatened, or in any other manner discriminated against
in the terms and conditions of his or her employment, because that
person disclosed or caused information to be disclosed to a
government or law enforcement agency, may bring a claim against
the private security contractor within three years of the date of the
discharge, demotion, threat, or discrimination.

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

SEC. 31.  

Section 7583.6 of the Business and Professions Code
is amended to read:

7583.6.  

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

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

(c) A course provider shall issue a certificate to a security guard
upon satisfactory completion of a required course, conducted in
accordance with the department’s requirements. A private security
contractor may provide training programs and courses in addition
to the training required in this section. A registrant who is unable
to provide his or her employing licensee the certificate of
satisfactory completion required by this subdivision shall complete
16 hours of the training required by subdivision (b) within 30 days
of the date of his employment and shall complete the 16 remaining
hours within six months of his or her employment date.

(d) The department shall develop and approve by regulation a
standard course and curriculum for the skills training required by
subdivision (b) to promote and protect the safety of persons and
the security of property. For this purpose, the department shall
consult with consumers, labor organizations representing private
security officers, private security contractors, educators, and subject
matter experts.

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

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

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

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

SEC. 32.  

Section 7583.7 of the Business and Professions Code
is amended to read:

7583.7.  

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

(1) Responsibilities and ethics in citizen arrest.

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

(3) Limitations on security guard power to arrest.

(4) Restrictions on searches and seizures.

(5) Criminal and civil liabilities.

(A) Personal liability.

(B) Employer liability.

(6) Trespass law.

(7) Ethics and communications.

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

(9) Security officer safety.

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

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

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

(d) Private security contractors shall provide a copy of the
guidebook described in subdivision (c) to each person that they
currently employ as a security guard and to each individual that
they intend to hire as a security guard. The private security
contractor shall provide the guidebook to each person he or she
intends to hire as a security guard a reasonable time prior to the
time the person begins the course in the exercise of the power to
arrest.

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

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

SEC. 33.  

Section 7583.9 of the Business and Professions Code
is amended to read:

7583.9.  

(a) Upon accepting employment by a private security
contractor, any employee who performs the function of a security
guard or security patrolperson who is not currently registered with
the bureau, shall complete an application for registration on a form
as prescribed by the director, and obtain two classifiable fingerprint
cards for submission to the Department of Justice. The applicant
shall submit the application, the registration fee, and his or her
fingerprints to the bureau. The bureau shall forward the classifiable
fingerprint cards to the Department of Justice. The Department of
Justice shall forward one classifiable fingerprint card to the Federal
Bureau of Investigation for purposes of a background check.

(b) If a private security contractor pays the application fee on
behalf of the applicant, nothing in this section shall preclude the
private security contractor from withholding the amount of the fee
from the applicant’s compensation.

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

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

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

(1) Every conviction rendered against the applicant.

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

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

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

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

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

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

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

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

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

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

(j)  In addition to the amount authorized pursuant to Section
7570.1, the bureau may impose an additional fee not to exceed
three dollars ($3) for processing classifiable fingerprint cards
submitted by applicants excluding those submitted into an
electronic fingerprint system using electronic fingerprint
technology.

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

SEC. 34.  

Section 7586 of the Business and Professions Code
is amended to read:

7586.  

A private security contractor license, branch office
certificate, and pocket card issued under this chapter expires two
years following the date of issuance or on the assigned renewal
date. Every private security contractor issued a license under this
chapter that expires on or after January 1, 1997, and who is also
issued or renews a firearms qualification card on or after January
1, 1997, shall be placed on a cyclical renewal so that the license
expires on the expiration date of the firearms qualification card.
Notwithstanding any other provision of law, the bureau is
authorized to extend or shorten the first term of licensure following
January 1, 1997, and to prorate the required license fee in order to
implement this cyclical renewal.

SEC. 35.  

Section 7588 of the Business and Professions Code
is amended to read:

7588.  

The fees prescribed by this chapter are as follows:

(a) The application and examination fee for an original license
for a private security contractor may not exceed five hundred
dollars ($500).

(b) The application fee for an original branch office certificate
for a private security contractor may not exceed two hundred fifty
dollars ($250).

(c) The fee for an original license for a private security
contractor may not exceed seven hundred dollars ($700).

(d) The renewal fee is as follows:

(1) For a license as a private security contractor, the fee may
not exceed seven hundred dollars ($700).

(2) For a combination license as a private investigator under
Chapter 11.3 (commencing with Section 7512) and private security
contractor, AC or DC prefix, the fee may not exceed six hundred
dollars ($600).

(3) For a branch office certificate for a combination private
investigator under Chapter 11.3 (commencing with Section 7512)
and private security contractor, the fee may not exceed forty dollars
($40), and for a private security contractor, the fee may not exceed
seventy-five dollars ($75).

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 36.  

Section 7590.3 of the Business and Professions Code
is amended to read:

7590.3.  

This chapter does not apply to:

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

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

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

(d) A licensed private security contractor or any employee of a
licensed private security contractor who is employed as a security
guard, security officer, or street patrol person as defined in Section
7582.1 and who is employed to respond to alarm systems.

SEC. 37.  

Section 53069.8 of the Government Code is amended
to read:

53069.8.  

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

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

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

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

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

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

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

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

(e) A contract entered into pursuant to this section shall
encompass only law enforcement duties and not services authorized
to be provided by a private security contractor, as defined in
Section 7582.1 of the Business and Professions Code.

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

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

SEC. 38.  

Section 512 of the Labor Code is amended to read:

512.  

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

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

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

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

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

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

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

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

(1) An employee employed in a construction occupation.

(2) An employee employed as a commercial driver.

(3) An employee employed in the security services industry as
a security officer who is registered pursuant to Chapter 11.5
(commencing with Section 7580) of Division 3 of the Business
and Professions Code, and who is employed by a private security
contractor registered pursuant to that chapter.

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

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

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

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

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

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

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

SEC. 39.  

Section 11105.4 of the Penal Code is amended to
read:

11105.4.  

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

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

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

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

(e) As used in this section, “contract security organization”
means a person, business, or organization licensed to provide
services as a private security contractor, as defined in subdivision
(a) of Section 7582.1 of the Business and Professions Code.

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

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

SEC. 40.  

Section 22835 of the Penal Code is amended to read:

22835.  

Notwithstanding any other provision of law, a person
holding a license as a private investigator pursuant to Chapter 11.3
(commencing with Section 7512) of Division 3 of the Business
and Professions Code, or as a private security contractor pursuant
to Chapter 11.5 (commencing with Section 7580) of Division 3 of
the Business and Professions Code, or a uniformed patrolperson
employee of a private security contractor, may purchase, possess,
or transport any tear gas weapon, if it is used solely for defensive
purposes in the course of the activity for which the license was
issued and if the person has satisfactorily completed a course of
instruction approved by the Department of Consumer Affairs in
the use of tear gas.

SEC. 41.  

Section 120220.5 of the Public Utilities Code is
amended to read:

120220.5.  

The board may provide and maintain by contract
with a public agency or by other means, a security force to enforce
its regulations, to preserve and protect any public transit system
or project financed pursuant to this division, and to preserve and
protect the public peace, health, and safety with respect to its
system or projects. Alternatively, the board may contract with a
private security contractor licensed pursuant to Chapter 11.5
(commencing with Section 7580) of Division 3 of the Business
and Professions Code, with the county sheriff and municipal police
departments within the areas described in Section 120054, and
with other transit development boards for security, police, and
related services.

SEC. 42.  

Section 125220 of the Public Utilities Code is
amended to read:

125220.  

The district may make contracts and enter into
stipulations of any nature whatsoever, either in connection with
eminent domain proceedings or otherwise, including, but not
limited to, contracts and stipulations to indemnify and save
harmless, to employ labor, to contract with a private security
contractor licensed pursuant to Chapter 11.5 (commencing with
Section 7580) of Division 3 of the Business and Professions Code,
the county sheriff and municipal police departments within the
areas described in Section 125052, and other transit development
boards for security, police, and related services, and to do all acts
necessary and convenient for the full exercise of the powers granted
in this division.