BILL ANALYSIS Ó
AB 1042
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ASSEMBLY THIRD READING
AB
1042 (Cooper)
As Amended May 18, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
| | | | |
| | | | |
|----------------+------+--------------------+----------------------|
|Business & |14-0 |Bonilla, Jones, | |
|Professions | |Baker, Bloom, | |
| | |Burke, Chang, Dodd, | |
| | |Eggman, Gatto, | |
| | |Holden, Mullin, | |
| | |Ting, Wilk, Wood | |
| | | | |
| | | | |
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SUMMARY: Expands the definition of a proprietary private security
officer (PPSO) to include a person who may wear distinct clothing
identifying himself or herself as "security," or who may interact
with the public, as specified. Specifically, this bill:
1)Defines a proprietary security guard as someone who meets either
of the following criteria:
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a) He or she is required to wear a distinctive uniform or
marked shirt or jacket clearly identifying the individual as
a security officer; or,
b) He or she is likely to interact with the public while
providing security services, which may include, but not be
limited to, acting to prevent unapproved or unlawful entry,
directing persons causing a disturbance to leave the
facility, ensuring that persons removing property from the
facility are acting within appropriate policy requirements,
observing and reporting incidents or suspicious activity to
management and to public safety authorities as appropriate,
and responding to or reporting incidents of fire, medical
emergency, hazardous materials, and other incidents or
conditions following procedures established by the employer.
FISCAL EFFECT: None. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS:
Purpose. This bill is sponsored by the California Association of
Licensed Security Agencies, Guards and Associates. According to
the author, "AB 1042 updates the definition of a Proprietary
Private Security Officer to ensure individuals providing security
services are subject to a background check and receive appropriate
training."
Background. There are two different categories of security guards
regulated by the Bureau of Security and Investigative Services
(BSIS), within the Department of Consumer Affairs (DCA): 1) those
who work in-house for a specific employer, PPSOs, and 2) those who
are employed by a contract security firm to provide security
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services for a third party, security guards.
A security guard protects persons or property and prevents theft
on premised owned or controlled by the customer of the private
patrol operator, the contract security firm, or by the guard's
employer or in the company of persons being protected. Security
guards must be at least 18 years old, undergo a criminal history
background check through the California Department of Justice
(DOJ) and the Federal Bureau of Investigation (FBI), and complete
a 40-hour course of required training. The training and exam may
be administered by any private patrol operator or by a certified
training facility.
A PPSO, on the other hand, is someone who is unarmed, employed
only by a single employer, and whose primary duty is to provide
security services for his or her employer, a proprietary private
security employer (PPSE). A PPSO must also meet the following
criteria: 1) he or she must wear a distinctive uniform clearly
identifying the individual as a security officer, and 2) he or she
must be likely to interact with the public while performing his or
her duties. Similar to security guards, applicants for PPSO
registration must be at least 18 years old and undergo a criminal
history background check through the DOJ and the FBI. Once
registered, PPSOs are required to carry a valid and current PPSO
registration card, or a hard copy printout of the BSIS's approval.
PPSOs are also required to complete 16 hours of training in
security officer skills within six months from the date upon which
registration is issued, or within six months of his or her
employment with a PPSE. A PPSE is required to annually provide
each employee with specifically dedicated review or practice of
security officer skills, as specified, and to maintain records
verifying completion of the review or practice training, and
records of employment for PPSOs. PPSEs are prohibited from
subletting PPSOs to another person, business, or entity.
Persons exempt from registration requirements as a PPSO or a PPSE
include an officer or employee of the United States, or of this
state or a political subdivision of the state; a charitable
philanthropic nonprofit society or association incorporated under
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the laws of the state; patrol special police officers; and a peace
officer or retired peace officer, as specified.
According to the 2014 BSIS Sunset Review Report, in fiscal year
2013-14, there were roughly 594 PPSEs, and 6,201 PPSOs.
Need for the Bill. According to the author, the current
definition of PPSO is too narrow and should include persons not
wearing a uniform, but who act primarily in a security capacity,
such as a bouncer at a bar or restaurant. For example, a San
Diego affiliate of National Broadcast Company (NBC) News reported
on February 10, 2015, that there was an "underground industry" of
unlicensed, untrained security guards and bouncers in San Diego
County, and that many of the security officers were not licensed
properly. According to a DCA spokesman quoted in the story, "?
for proprietary security guards, the ones that work for
restaurants and bars and those sorts of things, unlicensed
activity can be a vexing problem because not every bar that
springs up is aware of the licensing requirement? It's not so much
underground as they are unaware."
The DCA spokesman also noted that a security officer only needs to
be licensed if the employee is wearing clothing that identified
him or her as security; if the person is not wearing a uniform,
but performing the same duties, no license is required. As a
result, those individuals would not be required to register with
the BSIS, have a background check, or meet any training
requirements.
Analysis Prepared by:
Eunie Linden / B. & P. / (916) 319-3301 FN: 0000501
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