Amended in Senate March 28, 2014

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 Sections 6980.12 and 7590.2 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 ancillary to the primary duties and functions of the person’s position. Existing law, the Alarm Company Act, also provides for the licensure and regulation of alarm company operators and the certification and registration of employees of alarm companies, including alarm agents, 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 who is licensed, certified, or registered with the bureau pursuant to the Alarm Company Act if the duties of the person that constitute locksmithing are begin delete ancillary to the primary duties and functions of an alarm agent end delete begin insert performed in combination with the installation, maintenance, moving, repairing, replacing, servicing, or reconfiguration of an alarm system, as defined, and limited to work on electronic locks or access control devices that are controlled by an alarm system control device, including the removal of existing hardware 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)  begin delete Any end delete begin insert A end insert 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)  begin delete Employees who are end delete begin insert An employee who is an end insert industrial or
institutional begin delete locksmiths end delete begin insert locksmith end insert , provided that the begin delete employees
provide end delete begin insert employee provides end insert 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)  begin delete Tow truck operators who do end delete begin insert A tow truck driver who does end insert
not originate keys for locks and whose locksmith services are
limited to opening motor vehicles.

(d)  begin delete Any end delete begin insert A end insert 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)  begin delete Any end delete begin insert (1) end insert begin insert   end insert begin insert A end insert person registered with the bureau pursuant to
Chapter 11 (commencing with Section 7500) begin delete or end delete begin insert if the duties of
that person’s position that constitute locksmithing are ancillary
to the primary duties and functions of that person’s position. end insert

begin insert (2) end insert begin insert   end insert begin insert A person end insert licensed, certified, or registered pursuant to Chapter
11.6 (commencing with Section 7590) if the duties of that person’s
position that constitute locksmithing are begin delete ancillary to the primary
duties and functions of that person’s position end delete begin insert performed in
combination with the installation, maintenance, moving, repairing,
replacing, servicing, or reconfiguration of an alarm system, as
defined in subdivision (n) of Section 7590.1, and limited to work
on electronic locks or access control devices that are controlled
by an alarm system control device, including the removal of
existing hardware end insert .

(f)  begin delete Any end delete begin insert An end insert 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)  begin delete No end delete begin insert An end insert unlicensed agent or employee of the retail
establishment shall begin insert not end insert advertise or represent himself or herself to
be licensed under this chapter, and begin delete no end delete begin insert an end insert agent or employee of the
retail establishment shall begin insert not end insert advertise or represent himself or
herself to be a locksmith.

(5)  begin delete No end delete begin insert An end insert agent or employee of the retail establishment shall
begin insert not end insert design or implement a master key system, as defined in
subdivision (o) of Section 6980.

(6)  begin delete No end delete begin insert An end insert agent or employee of the retail establishment shall
begin insert not end insert 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)  begin delete Any end delete begin insert A end insert 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)  begin delete Firefighters end delete begin insert A firefighter end insert or emergency medical begin delete personnel end delete
begin insert person end insert 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 begin delete employees end delete begin insert an employee end insert of a new motor vehicle
dealer acting within the scope of employment at a dealership.

SEC. 2.  

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

7590.2.  

(a) An “alarm company operator” means begin delete any end delete begin insert a end insert 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
operator, 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.

(b) A 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.

(c)  begin delete Any end delete begin insert A end insert 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 begin delete ancillary to the primary
duties and functions of an alarm agent end delete begin insert performed in combination
with the installation, maintenance, moving, repairing, replacing,
servicing, or reconfiguration of an alarm system, as defined in
subdivision (n) of Section 7590.1, and limited to work on electronic
locks or access control devices that are controlled by an alarm
system control device, including the removal of existing hardware end insert .

SEC. 3.  

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.