Amended in Senate January 14, 2014

Amended in Senate January 6, 2014

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 begin delete Section end delete begin insert Sections end insert 6980.12 begin insert and 7590.2 end insert of the Business and Professions Code, relating to alarm companies, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 759, as amended, Daly. Alarm companies.

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 begin delete ancilliary end delete begin insert ancillary end insert to the primary duties and functions of the person’s position. Existing law begin insert , the Alarm Company Act, end insert also provides for the licensure and regulation of alarm company operators and the begin insert certification and end insert registration of employees of alarm companies begin insert , including alarm agents, end insert by the bureau.

This bill would expand the exemption from licensure as a locksmith or registration as an employee of a locksmith to include a person begin insert who is licensed, certified, or end insert registered with the bureau begin delete as an employee of an alarm company operator end delete begin insert pursuant to the Alarm Company Act end insert if the duties of the person that constitute locksmithing are begin delete ancilliary end delete begin insert ancillary end insert to the primary duties and functions of begin delete the person’s position end delete begin insert an alarm agent end insert .

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: ²⁄₃. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

Section 6980.12 of the Business and Professions
Code is amended to read:

6980.12.  

This chapter does not apply to the following persons:

(a) Any person, or his or her agent or employee, who is the
manufacturer of a product, other than locks and keys, and who
installs, repairs, opens, or modifies locks or who makes keys for
the locks of that product as a normal incident to its marketing.

(b) Employees who are industrial or institutional locksmiths,
provided that the employees provide locksmith services only to a
single employer that does not provide locksmith services for hire
to the public for any consideration or compensation whatsoever.

(c) Tow truck operators who do not originate keys for locks and
whose locksmith services are limited to opening motor vehicles.

(d) Any person employed exclusively and regularly by a state
correctional institution, or other state or federal agency, and who
does not provide locksmith services for hire to the public for any
consideration or compensation whatsoever.

(e) Any person registered with the bureau pursuant to Chapter
11 (commencing with Section 7500) or begin insert licensed, certified, or
registered pursuant to end insert Chapter 11.6 (commencing with Section
7590) if the duties of that person’s position that constitute
locksmithing are ancillary to the primary duties and functions of
that person’s position.

(f) Any agent or employee of a retail establishment that has a
primary business other than providing locksmith services, providing
all of the following criteria are met:

(1) The services provided by the retail establishment are limited
to rekeying and recombination of locks.

(2) All rekeying, recombination, and installation of locks must
take place on the premises of the retail establishment.

(3) All rekeying, recombination, and installation services
provided by the retail establishment subject to this chapter are
limited to locks purchased on the retail establishment’s premises
and are conducted prior to purchasers taking possession of the
locks.

(4) No unlicensed agent or employee of the retail establishment
shall advertise or represent himself or herself to be licensed under
this chapter, and no agent or employee of the retail establishment
shall advertise or represent himself or herself to be a locksmith.

(5) No agent or employee of the retail establishment shall design
or implement a master key system, as defined in subdivision (o)
of Section 6980.

(6) No agent or employee of the retail establishment shall rekey,
change the combination of, alter, or install any automotive locks.

(7) The retail establishment shall not have on its premises any
locksmith tool, as defined in subdivision (s) of Section 6980, other
than the following:

(A) Standard key duplication machines.

(B) Key blanks.

(C) Pin kits.

(g) Any law enforcement officer employed by any city, county,
city and county, state, or federal law enforcement agency, if all
services are performed during the course of the officer’s
professional duties.

(h) Firefighters or emergency medical personnel employed by
any city, county, city and county, district, or state agency, if all
services are performed during the course of duties as a firefighter
or emergency medical person.

(i) A new motor vehicle dealer, as defined in Section 426 of the
Vehicle Code, and employees of a new motor vehicle dealer acting
within the scope of employment at a dealership.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 7590.2 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

7590.2.  

begin insert (a) end insert begin insert   end insert An “alarm company operator” means any person
who, for any consideration whatsoever, engages in business or
accepts employment to install, maintain, alter, sell on premises,
monitor, or service alarm systems or who responds to alarm
systems except for any alarm agent. “Alarm company operator,”
includes any entity that is retained by a licensed alarm company
begin delete operator , end delete begin insert operator, end insert a customer, or any other person or entity, to
monitor one or more alarm systems, whether or not the entity
performs any other duties within the definition of an alarm
company operator. The provisions of this chapter, to the extent
that they can be made applicable, shall be applicable to the duties
and functions performed in monitoring alarm systems.

begin delete

A

end delete

begin insert (b) end insert begin insert   end insert begin insert A end insert person licensed as an alarm company operator may not
conduct any investigation or investigations except those that are
incidental to personal injury, or 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.

begin insert

(c) Any person who is licensed, certified, or registered pursuant
to this chapter is exempt from locksmithing requirements, pursuant
to subdivision (e) of Section 6980.12, if the duties performed that
constitute locksmithing are ancillary to the primary duties and
functions of an alarm agent.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

In order to assure prompt access to, and the ability to promptly
secure, residential and business properties using alarm systems
with automated locking features, it is necessary that this act take
effect immediately.