AB 759,
as amended, Daly. begin deletePrivate patrol operators. end deletebegin insertAlarm companies.end insert
Existing law provides for the licensure and regulation of locksmiths and the registration of employees of locksmiths by the Bureau of Security and Investigative Services in the Department of Consumer Affairs. Existing law exempts from that regulation and licensure or registration certain individuals and practices, including, among others, a person registered with the bureau as an employee of a repossessor, if the duties of the person that constitute locksmithing are ancilliary to the primary duties and functions of the person’s position. Existing law also provides for the licensure and regulation of alarm company operators and the registration of employees of alarm companies by the bureau.
end insertbegin insertThis bill would expand the exemption from licensure as a locksmith or registration as an employee of a locksmith to include a person registered with the bureau as an employee of an alarm company operator if the duties of the person that constitute locksmithing are ancilliary to the primary duties and functions of the person’s position.
end insertbegin insertThis bill would declare that it is to take effect immediately as an urgency statute.
end insertExisting 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 deleteThis 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 deleteExisting 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.
end deleteThis 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.
end deleteExisting law requires any advertisement by a private patrol operator to contain specified information, and defines “advertisement” for those purposes.
end deleteThis bill would include within the definition of “advertisement” for those purposes, an Internet Web site and social media, as defined.
end deleteExisting law establishes certain criteria to be met in order for a person to become a qualified manager of a private patrol operator.
end deleteThis 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.
end deleteExisting 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 deleteThis bill would provide that the distinctive uniform for those purposes may consist of a 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 deleteExisting 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.
end deleteThis 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.
end deleteVote: begin deletemajority end deletebegin insert2⁄3end insert.
Appropriation: no.
Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 6980.12 of the end insertbegin insertBusiness and Professions
2Codeend insertbegin insert is amended to read:end insert
This chapter does not apply to the following persons:
4(a) Any person, or his or her agent or employee, who is the
5manufacturer of a product, other than locks and keys, and who
6installs, repairs, opens, or modifies locks or who makes keys for
7the locks of that product as a normal incident to its marketing.
8(b) Employees who are industrial or institutional locksmiths,
9provided that the employees provide locksmith services only to a
10single employer that does not provide locksmith services for hire
11to the public for any consideration or compensation whatsoever.
P4 1(c) Tow truck operators who do not originate keys for locks
and
2whose locksmith services are limited to opening motor vehicles.
3(d) Any person employed exclusively and regularly by a state
4correctional institution, or other state or federal agency, and who
5does not provide locksmith services for hire to the public for any
6consideration or compensation whatsoever.
7(e) Any person registered with the bureau pursuant to Chapter
811 (commencing with Section 7500)begin insert or Chapter 11.6 (commencing
9with Section 7590)end insert if the duties of that person’s position that
10constitute locksmithing are ancillary to the primary duties and
11functions of that person’s position.
12(f) Any agent or employee of a retail establishment that has a
13primary business other than providing locksmith services,
providing
14all of the following criteria are met:
15(1) The services provided by the retail establishment are limited
16to rekeying and recombination of locks.
17(2) All rekeying, recombination, and installation of locks must
18take place on the premises of the retail establishment.
19(3) All rekeying, recombination, and installation services
20provided by the retail establishment subject to this chapter are
21limited to locks purchased on the retail establishment’s premises
22and are conducted prior to purchasers taking possession of the
23locks.
24(4) No unlicensed agent or employee of the retail establishment
25shall advertise or represent himself or herself to be licensed under
26this chapter, and no agent or employee of the retail establishment
27shall advertise or represent
himself or herself to be a locksmith.
28(5) No agent or employee of the retail establishment shall design
29or implement a master key system, as defined in subdivision (o)
30of Section 6980.
31(6) No agent or employee of the retail establishment shall rekey,
32change the combination of, alter, or install any automotive locks.
33(7) The retail establishment shall not have on its premises any
34locksmith tool, as defined in subdivision (s) of Section 6980, other
35than the following:
36(A) Standard key duplication machines.
37(B) Key blanks.
38(C) Pin kits.
39(g) Any law enforcement
officer employed by any city, county,
40city and county, state, or federal law enforcement agency, if all
P5 1services are performed during the course of the officer’s
2professional duties.
3(h) Firefighters or emergency medical personnel employed by
4any city, county, city and county, district, or state agency, if all
5services are performed during the course of duties as a firefighter
6or emergency medical person.
7(i) A new motor vehicle dealer, as defined in Section 426 of the
8Vehicle Code, and employees of a new motor vehicle dealer acting
9within the scope of employment at a dealership.
This act is an urgency statute necessary for the
11immediate preservation of the public peace, health, or safety within
12the meaning of Article IV of the Constitution and shall go into
13immediate effect. The facts constituting the necessity are:
14In order to assure prompt access to, and the ability to promptly
15secure, residential and business properties using alarm systems
16with automated locking features, it is necessary that this act take
17effect immediately.
All matter omitted in this version of the bill appears in the bill as amended in the Assembly, May 6, 2013. (JR11)
O
95