BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON
          BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
                              Senator Jerry Hill, Chair
                                2015 - 2016  Regular 

          Bill No:            AB 1042         Hearing Date:    June 22,  
          2015
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          |Author:   |Cooper                                                |
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          |Version:  |May 18, 2015                                          |
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          |Urgency:  |No                     |Fiscal:    |No               |
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          |Consultant|Janelle Miyashiro                                     |
          |:         |                                                      |
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                      Subject:  Proprietary security services.


          SUMMARY:  Expands the definition of a proprietary private security  
          officer (PSO) by requiring only one of the two specified  
          criteria to be met and includes examples of a PSO's duties that  
          are likely to involve interacting with the public.

          Existing law:
          
          1) Provides for the licensure and regulation of proprietary  
             private security officers (PSOs) and proprietary private  
             security employers (PPSEs) by the Bureau of Security and  
             Investigative Services (Bureau) in the Department of Consumer  
             Affairs (DCA) under the Proprietary Security Services Act  
             (Act).  (Business and Professions Code (BPC) § 7574 et. seq.)

          2) Defines a PSO as an unarmed individual who is employed  
             exclusively by any one employer whose; primary duty is to  
             provide security services for his or her employer, services  
             are not contracted to any other entity or person, and meets  
             both of the following criteria:

              a)    Is required to wear a distinctive uniform clearly  
                identifying the individual as a security officer.

              b)    Is likely to interact with the public while performing  
                his or her duties. 
                (BPC § 7574.01)







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          3) Prohibits any who is not registered with the Bureau from  
             engaging in the business of a PSO.  (BPC § 7574.10)

          4) Requires a person registered and hired as a PSO to complete  
             training in security officer skills within six months of his  
             or her employment with a PPSE.  
          (BPC § 7574.18)

          5) Defines a PPSE as a person who has one or more employees who  
             provide security services for the employer and only for the  
             employer.  A person who employs PSOs pursuant to this chapter  
             at more than one location shall be considered a single  
             employer.  (BPC § 7574.01(e))

          
          This bill:

          1) Changes the definition of a PSO to require only one of the  
             two specified criteria.

          2) Gives examples of a PSO's duties when interacting with the  
             public which include, but are not limited to, acting to  
             prevent unapproved or unlawful entry, directing persons  
             causing a disturbance to leave a facility, ensuring that  
             persons removing property from a facility are acting within  
             appropriate policy requirements, observing and reporting  
             incidents or suspicious activity to management and other  
             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 PSO's employer.

          
          FISCAL  
          EFFECT:  None.  This bill is keyed "nonfiscal" by Legislative  
          Counsel.  However, the Senate Appropriations Committee has  
          specifically requested to hear this measure.

          
          COMMENTS:
          
          1. Purpose.  This bill is sponsored by the  California  
             Association of Licensed Security Agencies, Guards and  








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             Associates (CALSAGA)  .  According to the Author, "AB 1042  
             updates the definition of Proprietary Private Security  
             Officer (PSO) to further professionalize the industry and  
             protect the general public.  The bill expands the definition  
             of PSO to include either a person who wears a distinctive  
             security uniform or primarily provides a security function,  
             so that those who meet the definition will be required to  
             obtain a background check and receive some basic level of  
             training."

          2. Background.  Private security is a growing industry.   
             According to a report prepared for the U.S. Department of  
             Justice (DOJ) by the National Criminal Justice Reference  
             Service (NCJRS), the private security industry plays an  
             important role in the nation's security and safety.  The  
             report highlights the major responsibilities of private  
             security today, including the protection of our nation's  
             institutions and critical infrastructure systems, such as  
             industry and manufacturing, utilities, transportation, and  
             health and educational facilities.  According to a 2006  
             report by the U.S. Government Accountability Office, private  
             industry controls more than 85% of the nation's critical  
             infrastructure.  That number is thought to have substantially  
             risen today.  
             
             However, private security services are not only employed to  
             protect vital infrastructure, but also in a wide range of  
             commercial and residential markets.  The NCJRS report asserts  
             that both contract and proprietary security guards will  
             continue to be necessary to protect both people and property  
             in light of growing concerns about crime, vandalism, and  
             domestic terrorism, especially in light of reduced local  
             government law enforcement budgets.  

          3. PSO Distinction.  There are two specific categories of  
             licensed security guards regulated by the Bureau; those who  
             work in-house for a specific employer (PSOs), and those who  
             are employed by a contract security firm to provide security  
             services for a third party (security guards).

             Both PSOs and security guards play a role in three broad  
             types of security: physical, information, and  
             employment-related.  Physical security involves physical  
             measures designed to safeguard people and to prevent  








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             unauthorized access to equipment, facilities, material, and  
             documents, as well as to safeguard these materials against a  
             security incident.  Physical security may include perimeter  
             and interior space protection through the use of barriers,  
             locks, lights, sensors, and guards.  Information security is  
             the protection of confidential information such as mailing  
             lists, research and development documentation, and financial  
             information that can be maintained in hard copy or electronic  
             format.  Employment-related security services involve record  
             keeping and understanding essential information about  
             employees (both permanent and temporary) that might impact an  
             employee's job performance, possible breaches of security, or  
             subject the organization or company to liability.  These  
             employment-related security services are utilized through job  
             applicant screening or protecting executives or other  
             individuals through bodyguard services.  Although there may  
             be some overlap in the responsibilities of PSOs and security  
             guards in these three broad types of security services, there  
             is a distinctive difference in licensure and training  
             requirements as well as the scope of duties for each guard  
             category.  
             
             Security guards are employed through private patrol operators  
             (PPOs), who must also be registered and licensed with the  
             Bureau.  Security guards protect persons and/or property and  
             prevent theft on premises owned or controlled by those  
             companies contracting with a PPO, the contract security firm,  
             or by the guard's employer.  Security guards must be at least  
             18 years of age, undergo a criminal history background check  
             through the 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 PPO or by a  
             certified training facility.  Security guards may also apply  
             for and obtain a Bureau issued Firearms Permit after  
             fulfilling other specified requirements.  
             
             A PSO is defined as a generally unarmed individual who is  
             employed by a single employer not contracted to any other  
             entity or person and whose primary duty is to provide  
             security services for that employer.  PSOs must be at least  
             18 years of age and undergo a criminal history background  
             check through the DOJ and the FBI before registering with the  
             Bureau.  A PSO must possess a valid PSO registration  
             document, which can include a screen-print from the Bureau's  








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             website, and a valid photo identification while placed on  
             assignment.  While PSO registration candidates do not need to  
             provide proof of training to the Bureau, their employers must  
             have proof of the PSOs completion of 16 hour of training  
             within the first six months of receiving the PSO registration  
             or six months from date of hire by the PSO employer in the  
             employee's file.  PPSEs are prohibited from subletting PSOs  
             to another person, business, or entity.  PSOs are prohibited  
             from carrying firearms or batons while on duty.  California  
             peace officers, retired peace officers, and patrol special  
             police officers are exempt from PSO and PPSE registration  
             requirements.

             According to the Bureau's 2014 Sunset Review Report, there  
             were approximately 594 PPSEs, 6,201 PSOs, and 2,765 PPOs (for  
             the fiscal year 2013/2014).

          4. Unlicensed Activity.  In the past, PSOs in California  
             received little state oversight, instead relying on standards  
             of conduct and duties set by their employers.  California  
             companies that hired unlicensed PSOs incurred no penalty.  To  
             address this issue,  SB 741  (Maldonado, Chapter 361, Statutes  
             of 2009) was passed in order to regulate these PSOs and those  
             employing these security services.  This new oversight  
             authority went into effect January 1, 2011. These regulations  
             included PSO and PPSE registration with the DCA and a new  
             required training within 6 months of registration.  Licensees  
             could incur penalties between $250 and $1,000 for  
             noncompliance.  
             
             Although this somewhat recent new oversight authority by the  
             Bureau has greatly helped to professionalize the proprietary  
             security industry, there are still concerns that the current  
             definition of a PSO is too narrow.  The Author asserts that  
             the definition of a PSO should include persons not wearing a  
             distinctive uniform, but does primarily act in a security  
             capacity.  This new definition would bring bouncers and other  
             plain-clothes individuals employed for security purposes  
             under the umbrella of a PSO and would require their licensure  
             and registration with the Bureau.  This issue was raised in  
             response to a violent incident involving an Oceanside club  
             bouncer and a patron in December of 2014.  

             Following the Oceanside club incident, a news report by NBC  








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             was release in February 2015, claiming 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 another issue relating to these  
             unlicensed security personnel, which is that the 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  
             Bureau, have a background check, or meet any other training  
             requirements for a PSO.

             This bill seeks to close this loophole and change the  
             definition of a PSO to require only one of the two specified  
             criteria.  This bill also gives specific examples of some of  
             the duties a PSO would have when interacting with the public  
             to ensure that those operating as a PSO are properly licensed  
             and regulated by the Bureau.  The Author argues that these  
             changes will ensure greater public and consumer protection by  
             assisting the Bureau to curb unlicensed activity.

          5. Related Legislation This Year.   SB 468  (Hill, 2015) would  
             extend the operation of the Bureau of Security and  
             Investigative Services and the Alarm Company Act, Locksmith  
             Act, Private Investigator Act, Private Security Services Act,  
             Proprietary Security Services Act, and Collateral Recovery  
             Act until January 1, 2020; subject the Bureau to review by  
             the appropriate committees of the Legislature; and make  
             various changes to provisions in the aforementioned Acts to  
             improve the oversight, enforcement and regulation by the  
             Bureau of licensees under each Act. (  Status  : This bill is in  
             the Assembly Business & Professions Committee.)

          6. Prior Related Legislation.   SB 741  (Maldonado, Chapter 361,  
             Statutes of 2009) revised and re-casted the existing  








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             regulation of proprietary private security officers to  
             require both proprietary private security officers and  
             proprietary private security employers, as defined, to  
             register with the Bureau of Security and Investigative  
             Services, and establishes training and enforcement  
             provisions.
             
              SB 666  (Maldonado, Chapter 721, Statutes of 2007) required  
             PSOs to complete security officer skills training as they  
             begin employment and to undergo an annual review of this  
             training.  SB 666 also required the Bureau to establish a  
             training curriculum by regulation, with the assistance of an  
             advisory committee.

              SB 194  (Maldonado, Chapter 655, Statutes of 2005) enacted the  
             Act and required a PSO as defined, to meet specified  
             requirements and register with the DCA.

          7. Arguments in Support.  Writing in support of the bill, the  
              California Association of Licensed Security Agencies, Guards  
             and Associates (CALSAGA)  states, "this bill would expand the  
             definition of a proprietary private security officer by  
             instead requiring only one of the two specified criteria to  
             be met.  This change in definition would insure that certain  
             individuals that are hired to interact with the public while  
             performing his or her duties are properly trained and  
             certified to perform those duties?AB 1042 would provide  
             greater consumer protection by ensuring that certain duties,  
             which at times may involve dangerous situations, are carried  
             out by licensed and certified professionals."

          8. Proposed Author Amendments.  The Author indicates that in  
             order to address an existing problem surrounding the pay  
             schedule for employees of private security companies, he will  
             be amending the bill to redefine the work week specific to  
             security guards in the Labor Code (LC).

             Recently, a court case in Santa Clara County determined that  
             private security companies are "temporary services  
             employers".  Temporary services employers are defined in the  
             LC as employing units that contract with clients to supply  
             workers to perform services for those clients.  Temporary  
             services employers negotiate with clients where and when  
             services will be provided, type of work, working conditions,  








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             assignments or reassignments of workers.  These temporary  
             services employers also set the rate of pay for their workers  
             and pay these workers from their own accounts.  

             Section 201.3 of the LC requires temporary services employers  
             to pay their employees weekly, according to the calendar week  
             schedule, which is defined by the Division of Labor Standards  
             Enforcement (DLSE) as a week extended from Sunday to  
             Saturday.  Section 500 of the LC defines "workweek" and  
             "week" as any seven consecutive days, starting with the same  
             calendar day each week. "Workweek" is a fixed and regularly  
             recurring period of 168 hours, seven consecutive 24-hour  
             periods.

             According to the Author, most security services firms define  
             the workweek as Friday to Thursday.  The Author states that  
             many companies choose to define their workweek in this  
             fashion due to the business needs of the company, and adds  
             that this is the most efficient way to process payroll from  
             operational, financial and information technology  
             perspectives.  Most companies operate on a Monday to Friday  
             business/administrative schedule, as that enables employees  
             to work Monday to Friday and take weekends off.  The Author  
             states that there are many reasons for this, including family  
             and religious observances.  However, use of a calendar week  
             schedule would require administrative employees to work on  
             weekends in order to process payroll for a Saturday pay-day.

             The Author seeks to amend the LC to redefine the work week  
             specific to security guards.  The Author states that this  
             effort is not an attempt to change the weekly payroll rule  
             but that this new change will allow these temporary services  
             employers to pay their employees on a weekly, Friday to  
             Thursday schedule, ensuring that payment of wages to  
             employees follows the same timeline as the current Sunday to  
             Saturday schedule.  The Author asserts that the Sunday to  
             Saturday pay schedule does not have an inherent value or  
             benefit to employees, as there is no legislative history as  
             to why the weekly pay requirement was defined in this manner  
             originally.  The Author argues that likewise, a Friday to  
             Thursday pay schedule does not negatively impact employees.   
             In both schedules employees must wait the same period of time  
             in order to be paid.









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             The proposed Author's amendments will redefine the work week  
             for security guard companies, which fall under the temporary  
             services employers category, to allow these companies to pay  
             their employees on a Friday to Thursday pay schedule.

                On page 3, in line 6, add SECTION 2.  Section 201.3 of the  
               Labor Code is amended to read:
                201.3 (b) (1)  (A)  Except as provided in paragraphs (2) to  
               (5), inclusive, if an employee of a temporary services  
               employer is assigned to work for a client, that employee's  
               wages are due and payable no less frequently than weekly,  
               regardless of when the assignment ends, and wages for work  
               performed during any calendar week shall be due and payable  
               not later than the regular payday of the following calendar  
               week.  A temporary services employer shall be deemed to  
               have timely paid wages upon completion of an assignment if  
               wages are paid in compliance with this subdivision.  
              
                (B) Except as provided in paragraphs (2) to (5), inclusive,  
               if an employee of a temporary services employer is employed  
               in the security services industry as a security officer who  
               is registered pursuant to Chapter 11.5 (commencing with  
               Section 7580) of Division 3 of the Business and Professions  
               Code, is employed by a private patrol operator registered  
               pursuant to that chapter, and is assigned to work for a  
               client, that employee's wages are due and payable no less  
               frequently than weekly, regardless of when the assignment  
               ends, and wages for work performed during any workweek, as  
               defined under Section 500, shall be due and payable not  
               later than the regular payday of the following workweek.
           
          
          SUPPORT AND OPPOSITION:
          
           Support:  

          California Association of Licensed Security Agencies, Guards and  
          Associates (Sponsor)

           Opposition:  

          None on file as of June 16, 2015.










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