BILL NUMBER: AB 759 AMENDED
BILL TEXT
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
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 ancillary to the primary duties and
functions of an alarm agent 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 exis ting hardware .
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 A 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 An
employee who is an industrial or institutional
locksmiths locksmith , provided that the
employees provide employee provides
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 A tow truck
driver who does not originate keys for locks and whose
locksmith services are limited to opening motor vehicles.
(d) Any A 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 (1) A
person registered with the bureau pursuant to Chapter 11 (commencing
with Section 7500) or if the duties of that
person's position that constitute locksmithing are ancillary to the
primary duties and functions of that person's position.
(2) A person 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 ancillary to the primary duties and
functions of that person's position 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 .
(f) Any An 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 An unlicensed agent or
employee of the retail establishment shall not advertise
or represent himself or herself to be licensed under this chapter,
and no an agent or employee of the
retail establishment shall not advertise or represent
himself or herself to be a locksmith.
(5) No An agent or employee of the
retail establishment shall not design or implement a
master key system, as defined in subdivision (o) of Section 6980.
(6) No An agent or employee of the
retail establishment shall not 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 A 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 A firefighter or
emergency medical personnel person
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 an employee
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 any
a 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) Any A 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 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 .
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.