BILL NUMBER: SB 468 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 22, 2015
INTRODUCED BY Senator Hill
FEBRUARY 25, 2015
An act to amend Section 7590.1 of the Business and
Professions Code, relating to professions and vocations.
An act to amend Sections 7542, 7583.4, 7583.6, 7583.12, 7583.22,
7583.23, 7583.33, and 7599.54 of, to add Section 7585.4.1 to, to add
Article 10 (commencing with Section 6981) to Chapter 8.5 of, to add
A rticle 12 (commencing with Section 7511.5) to Chapter 11
of, to add Article 8 (commencing with Section 7573.5) to Chapter
11.3 of, to add Article 16 (commencing with Section 7576) to Chapter
11.4 of, to add Article 9 (commencing with Section 7588.8) to Chapter
11.5 of, and to add Article 15 (commencing with Section 7599.80) to
Chapter 11.6 of, Division 3 of, the Business and Professions Code,
relating to professions and vocations.
LEGISLATIVE COUNSEL'S DIGEST
SB 468, as amended, Hill. Alarm Companies: limited
liability companies. Bureau of Security and
Investigative Services: licensees.
(1) Existing law provides for the regulation, by the Bureau of
Security and Investigative Services, of locksmiths and the employers
of locksmiths, repossessors, private investigators, private patrol
operators, armored contract carriers, firearms and baton training
facilities, and employees of those licensees, alarm company operators
and alarm agents, and proprietary security services.
This bill would subject the bureau to review by the appropriate
policy committees of the Legislature.
(2) Existing law prohibits a licensed private investigator and
qualified manager who, in the course of his or her employment or
business, carries a deadly weapon to carry or use a firearm unless he
or she has in his or her possession a valid firearms qualification
card and requires the licensed private investigator and qualified
manager to comply with, and be subject to, specified provisions.
Under existing law, a firearms qualification card does not authorize
the holder of the card to carry a firearm capable of being concealed
upon the person in a concealed manner, as specified.
This bill would authorize those licensed private investigators and
qualified managers who possess a valid firearms qualification card
to also carry a concealed firearm if they satisfy specified
conditions.
(3) The Alarm Company Act requires that specified agreements
entered into by an alarm company pertaining to alarm systems,
including, among others, lease agreements, monitoring agreements,
service agreements, and installation agreements, be in writing and to
include specified items.
This bill would additionally require all initial residential sales
and lease agreements that contain an automatic renewal provision to
disclose that the agreement contains an automatic renewal provision,
as provided.
(4) The Private Security Services Act provides, among other
matters, for the licensure and regulation of private patrol operators
by the Bureau of Security and Investigative Services within the
Department of Consumer Affairs and makes a violation of its
provisions a crime. Under existing law, a person required to be
registered as a security guard must report to his or her employer,
within 24 hours of the incident, the circumstances surrounding the
discharge of any firearm in which he or she is involved while acting
within the course and scope of his or her employment. Existing law
also requires a person registered as a security or patrolperson to
deliver to the Director of Consumer Affairs and to local law
enforcement a written report describing the circumstances surrounding
the discharge of a firearm in which he or she was involved while
acting within the course of his or her employment, within 7 days of
the incident.
This bill would additionally impose the reporting duties upon the
employer of the security guard or patrol person.
(5) Existing law requires security guards, security patrolpersons,
persons employed by private patrol operators and armored contract
carriers, and registered uniform security guards to complete
specified courses, acquire specified licenses, and be subject to
specified provisions relating to their duties and relating to the
carrying and use of a firearm or baton, as provided.
This bill would exempt from those provisions a federal law
enforcement officer.
(6) Existing law provides that any institution, firm, or
individual wishing the approval of the Bureau of Security and
Investigative Services to offer the firearms course must complete an
application for certification as a firearms training facility, as
specified.
This bill would require the bureau, within 90 days after issuance
of a "Firearms Training Facility Certificate," to inspect the
facility for compliance with the specified requirements. The bill
would authorize the bureau to inspect the facility prior to the
issuance of a certificate. The bill would also require the bureau to
maintain a program of random and targeted inspections of facilities
to ensure compliance with applicable laws relating to the conduct and
operation of facilities, and to inform facilities when the bureau
determines that the facility is not in compliance with the
above-mentioned laws.
(7) Existing law requires the Bureau of Security and Investigative
Services to issue a firearms permit to a private patrol operator
when specified conditions are satisfied, including that the bureau
has determined, after investigation, that the carrying and use of a
firearm by the applicant, in the course of his or her duties,
presents no apparent threat to the public safety.
This bill would require an applicant to undergo a psychological
evaluation, reviewed by a licensed psychologist shall be of the
applicant's choice, in order to certify the applicant's psychological
capability to exercise appropriate judgment, restraint, and
self-control, as provided.
Existing law, California Revised Uniform Limited Liability Company
Act, authorizes a limited liability company to have any lawful
purpose, except as specified, and authorizes a domestic or foreign
limited liability company to render services that may be lawfully
rendered only pursuant to a license, certificate, or registration
authorized by the Business and Professions Code if the provisions of
that code authorize a limited liability company or foreign limited
liability company to hold that license, certificate, or registration.
Existing law, the Alarm Company Act, provides for the licensure
and regulation of alarm company operators by the Bureau of Security
and Investigative Services within the Department of Consumer Affairs
and makes a violation of the act a crime. Existing law, until January
1, 2016, authorizes an alarm company operator to conduct a business
as a limited liability company if the alarm company operator holds a
valid license issued to that exact same limited liability company.
For purposes of the act, existing law, until January 1, 2016, defines
a "licensee" to include a limited liability company.
This bill would extend the operation of that definition provision
to January 1, 2020. Because a violation of the act by a limited
liability company would be a crime, the bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 10 (commencing with Section
6981) is added to Chapter 8.5 of Division 3 of the
Business and Professions Code , to read:
Article 10. Review
6981. Notwithstanding any other law, the powers and duties of the
bureau, as set forth in this chapter, shall be subject to review by
the appropriate policy committees of the Legislature. The review
shall be performed as if this chapter were scheduled to be repealed
as of January 1, 2020.
SEC. 2. Article 12 (commencing with Section
7511.5) is added to Chapter 11 of Division 3 of the
Business and Professions Code , to read:
Article 12. Review
7511.5. Notwithstanding any other law, the powers and duties of
the bureau, as set forth in this chapter, shall be subject to review
by the appropriate policy committees of the Legislature. The review
shall be performed as if this chapter were scheduled to be repealed
as of January 1, 2020.
SEC. 3. Section 7542 of the Business
and Professions Code is amended to read:
7542. Every licensee and qualified manager who in the course of
his or her employment or business carries a deadly weapon shall
complete a course of training in the exercise of the powers to arrest
as specified in Section 7583.7 and a course of training in the
carrying and use of firearms as specified in Article 4 (commencing
with Section 7583) of Chapter 11.5. No licensee or qualified manager
shall carry or use a firearm unless he or she has met the
requirements of Sections 7583.23, 7583.28, and 7583.29 and has in his
or her possession a valid firearms qualification card as provided in
Section 7583.30. A licensee or qualified manager who possesses a
valid firearms qualification card shall comply with and be subject to
the provisions of Sections 7583.31, 7583.32, and 7583.37. A
licensee or qualified manager who posses a valid firearms
qualification card may carry a firearm capable of being concealed
upon the person in a concealed manner if he or she complies with
applicable provisions set forth in Chapter 4 (commencing with Section
26150) of Division 5 of Title 4 of Part 6 of the Penal Code.
SEC. 4. Article 8 (commencing with Section 7573.5)
is added to Chapter 11.3 of Division 3 of the Business
and Professions Code , to read:
Article 8. Review
7573.5. Notwithstanding any other law, the powers and duties of
the bureau, as set forth in this chapter, shall be subject to review
by the appropriate policy committees of the Legislature. The review
shall be performed as if this chapter were scheduled to be repealed
as of January 1, 2020.
SEC. 5. Article 16 (commencing with Section 7576)
is added to Chapter 11.4 of Division 3 of the Business and
Professions Code , to read:
Article 16. Review
7576. Notwithstanding any other law, the powers and duties of the
bureau, as set forth in this chapter, shall be subject to review by
the appropriate policy committees of the Legislature. The review
shall be performed as if this chapter were scheduled to be repealed
as of January 1, 2020.
SEC. 6. Section 7583.4 of the Business
and Professions Code is amended to read:
7583.4. Any person registered as a security guard or
patrolperson patrolperson, and the employer of the
security g uard or patrolperson, shall deliver to
the director a written report describing fully the circumstances
surrounding any incident involving the discharge of any firearm in
which he or she was involved while acting within the course and scope
of his or her employment, within seven days after the incident. The
report shall be made on a form prescribed by the director which shall
include, but not be limited to, the following:
(a) The name, address, and date of birth of the guard or
patrolperson.
(b) The registration number of the guard or patrolperson.
(c) The firearm permit number and baton permit number of the guard
or patrolperson, if applicable.
(d) The name of the employer of the person.
(e) The description of any injuries and damages that occurred.
(f) The identity of all participants in the incident.
(g) Whether a police investigation was conducted relating to the
incident.
(h) The date and location of the incident. Any report may be
investigated by the director to determine if any disciplinary action
is necessary.
A copy of the report delivered to the director pursuant to this
section shall also be delivered within seven days of the incident to
the local police or sheriff's department which has jurisdiction over
the geographic area where the incident occurred.
SEC. 7. Section 7583.6 of the Business
and Professions Code is amended to read:
7583.6. (a) A person entering the employ of a licensee to perform
the functions of a security guard or a security patrolperson shall
complete a course in the exercise of the power to arrest prior to
being assigned to a duty location.
(b) Except for a registrant who has completed the course of
training required by Section 7583.45, a person registered pursuant to
this chapter shall complete not less than 32 hours of training in
security officer skills within six months from the date the
registration card is issued. Sixteen of the 32 hours shall be
completed within 30 days from the date the registration card is
issued.
(c) A course provider shall issue a certificate to a security
guard upon satisfactory completion of a required course, conducted in
accordance with the department's requirements. A private patrol
operator may provide training programs and courses in addition to the
training required in this section. A registrant who is unable to
provide his or her employing licensee the certificate of satisfactory
completion required by this subdivision shall complete 16 hours of
the training required by subdivision (b) within 30 days of the date
of his employment and shall complete the 16 remaining hours within
six months of his or her employment date.
(d) The department shall develop and approve by regulation a
standard course and curriculum for the skills training required by
subdivision (b) to promote and protect the safety of persons and the
security of property. For this purpose, the department shall consult
with consumers, labor organizations representing private security
officers, private patrol operators, educators, and subject matter
experts.
(e) The course of training required by subdivision (b) may be
administered, tested, and certified by any licensee, or by any
organization or school approved by the department. The department may
approve any person or school to teach the course.
(f) (1) On and after January 1, 2005, a licensee shall annually
provide each employee registered pursuant to this chapter with eight
hours of specifically dedicated review or practice of security
officer skills prescribed in either course required in Section 7583.6
or 7583.7.
(2) A licensee shall maintain at the principal place of business
or branch office a record verifying completion of the review or
practice training for a period of not less than two years. The
records shall be available for inspection by the bureau upon request.
(g) This section does not apply to a peace officer as defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the
Penal Code who has successfully completed a course of study in the
exercise of the power to arrest approved by the Commission on Peace
Officer Standards and Training. This section does not apply to
armored vehicle guards. guards and federal
law enforcement officers.
(h) This section shall become operative on July 1, 2004.
SEC. 8. Section 7583.12 of the Business
and Professions Code is amended to read:
7583.12. (a) No employee of a licensee shall carry or use a
firearm unless the employee has in his or her possession both of the
following:
(1) A valid guard registration card issued pursuant to this
chapter.
(2) A valid firearm qualification card issued pursuant to this
chapter.
(b) An employee of a licensee may carry or use a firearm while
working as a security guard or security patrolperson pending receipt
of a firearm qualification card if he or she has been approved by the
bureau and carries on his or her person a hardcopy printout of the
bureau's approval from the bureau's Internet Web site and a valid
picture identification.
(c) In the event of the loss or destruction of the firearm
qualification card, the cardholder may apply to the bureau for a
certified replacement of the card, stating the circumstances
surrounding the loss, and pay a ten-dollar ($10) certification fee,
whereupon the bureau shall issue a certified replacement of the card.
(d) Paragraph (2) of subdivision (a) and subdivision (b) shall not
apply to a duly appointed peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
who meets all of the following:
(1) He or she has successfully completed a course of study in the
use of firearms.
(2) He or she is authorized to carry a concealed firearm in the
course and scope of his or her employment pursuant to Article 2
(commencing with Section 25450) of Chapter 2 of Division 5 of Title 4
of Part 6 of the Penal Code.
(3) He or she has proof that he or she has applied to the bureau
for a firearm qualification card.
(e) (1) This section shall not apply to a duly appointed peace
officer, as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2 of the Penal Code, who has written approval from
his or her primary employer, as defined in paragraph (2) of
subdivision (i) of Section 7583.9, to carry a firearm while working
as a security guard or security officer or to a federal law
enforcement officer.
(2) A peace officer exempt under this subdivision shall carry on
his or her person a letter of approval from his or her primary
employer authorizing him or her to carry a firearm while working as a
security guard or security officer.
SEC. 9. Section 7583.22 of the Business
and Professions Code is amended to read:
7583.22. (a) A licensee, qualified manager of a licensee, or
security guard who, in the course of his or her employment, may be
required to carry a firearm shall, prior to carrying a firearm, do
both of the following:
(1) Complete a course of training in the carrying and use of
firearms.
(2) Receive a firearms qualification card or be otherwise
qualified to carry a firearm as provided in Section 7583.12.
(b) A licensee shall not permit an employee to carry or use a
loaded or unloaded firearm, whether or not it is serviceable or
operative, unless the employee possesses a valid and current firearms
qualification card issued by the bureau or is so otherwise qualified
to carry a firearm as provided in Section 7583.12.
(c) A pocket card issued by the bureau pursuant to Section 7582.13
may also serve as a firearms qualification card if so indicated on
the face of the card.
(d) Paragraph (1) of subdivision (a) shall not apply to a peace
officer as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2 of the Penal Code, who has successfully completed a
course of study in the use of firearms.
firearms or to a federal law enforcement officer.
(e) This section shall become operative on January 1, 1998.
SEC. 10. Section 7583.2 3 of the
Business and Professions Code is amended to read:
7583.23. The bureau shall issue a firearms permit when all of the
following conditions are satisfied:
(a) The applicant is a licensee, a qualified manager of a
licensee, or a registered uniformed security guard.
(b) A certified firearms training instructor has certified that
the applicant has successfully completed a written examination
prepared by the bureau and training course in the carrying and use of
firearms approved by the bureau.
(c) The applicant has filed with the bureau a classifiable
fingerprint card, a completed application for a firearms permit on a
form prescribed by the director, dated and signed by the applicant,
certifying under penalty of perjury that the information in the
application is true and correct.
(d) The bureau has determined, after investigation, that the
carrying and use of a firearm by the applicant, in the course of his
or her duties, presents no apparent threat to the public safety, or
that the carrying and use of a firearm by the applicant is not in
violation of the Penal Code.
(e) (1) Each applicant for a firearms permit shall be administered
any current standard form of the Minnesota Multiphasic Personality
Inventory (MMPI), or other psychological evaluation instrument
approved by the bureau, which shall be administered by certified
firearms training facility during the firearms training course. The
certified firearms training facility shall forward the response data
to a psychologist licensed by the California Board of Psychology for
evaluation. The licensed psychologist shall be of the applicant's
choice. It shall be the responsibility of the applicant to bear the
costs of the psychological evaluation.
(2) If the licensed psychologist is unable to certify the
applicant's psychological capability to exercise appropriate
judgment, restraint, and self-control, after evaluating the data, the
psychologist shall employ whatever other psychological measuring
instruments or techniques deemed necessary to form a professional
opinion. The use of any psychological measuring instruments or
techniques shall require a full and complete written explanation to
the bureau.
(3) The psychologist shall forward a written psychological
evaluation, on a form prescribed by the bureau, to the bureau within
15 days of the evaluation, even if the applicant is found to be
psychologically at risk. The bureau may utilize the results of the
psychological evaluation for up to six months from the date of the
evaluation after which the applicant shall be reexamined. No person
who has been found psychologically at risk in the exercise of
appropriate judgment, restraint, or self-control shall reapply for
permit until one year from the date of being found psychologically at
risk.
(4) The subdivision does not apply to a peace officer as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of
the Penal Code or to a federal law enforcement officer
(e)
(f) The applicant has produced evidence to the firearm
training facility that he or she is a citizen of the United States or
has permanent legal alien status in the United States. Evidence of
citizenship or permanent legal alien status shall be that deemed
sufficient by the bureau to ensure compliance with federal laws
prohibiting possession of firearms by persons unlawfully in the
United States and may include, but not be limited to, Department of
Justice, Immigration and Naturalization Service Form I-151 or I-551,
Alien Registration Receipt Card, naturalization documents, or birth
certificates evidencing lawful residence or status in the United
States.
(f)
(g) The application is accompanied by the application
fees prescribed in this chapter.
SEC. 11. Section 7583.33 of the
Business and Professions Code is amended to read:
7583.33. (a) Any licensee, qualified manager, or a registered
uniformed security guard who wishes to carry a baton in the
performance of his or her duties, shall qualify to carry the weapon
pursuant to Article 5 (commencing with Section 7585).
(b) Subdivision (a) does not apply to a peace officer as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of
the Penal Code who has successfully completed a course of study in
the use of batons. batons or to a federal law
enforcement officer.
SEC. 12. Section 7585.4.1 is added to the
Business and Professions Code , to read:
7585.4.1. (a) (1) Within 90 days after issuance of a "Firearms
Training Facility Certificate," the bureau or its agents or
assistants shall inspect the facility for compliance with the
applicable requirements of this article and the applicable rules and
regulations of the bureau adopted pursuant to this article.
(2) The bureau may inspect the establishment for which a
certificate application has been made prior to the issuance of the
certificate.
(b) The bureau shall maintain a program of random and targeted
inspections of facilities to ensure compliance with applicable laws
relating to the conduct and operation of facilities.
(c) If the bureau determines that any facility is not complying
with applicable laws relating to the conducting and operation of
facilities, notice thereof shall immediately be given to the
facility.
SEC. 13. Article 9 (commencing with Section
7588.8) is added to Chapter 11.5 of Division 3 of the
Business and Professions Code , to read:
Article 9. Review
7588.8. Notwithstanding any other law, the powers and duties of
the bureau, as set forth in this chapter, shall be subject to review
by the appropriate policy committees of the Legislature. The review
shall be performed as if this chapter were scheduled to be repealed
as of January 1, 2020.
SEC. 14. Section 7599.54 of the
Business and Professions Code is amended to read:
7599.54. Every agreement, including, but not limited to, lease
agreements, monitoring agreements, and service agreements, including
all labor, services, and materials to be provided for the
installation of an alarm system, shall be in writing. All amendments
subject to the provisions of this section to an initial agreement
shall be in writing. Each initial agreement shall contain, but not be
limited to, the following:
(a) The name, business address, business telephone number, and
license number of the licensed alarm company operator and the
registration number of any alarm agent who solicited or negotiated
the agreement.
(b) The approximate dates when the work will begin and be
substantially completed.
(c) A description of the work to be done, a description of the
materials to be used, and the agreed consideration for the work.
(d) A disclosure that alarm company operators are licensed and
regulated by the Bureau of Security and Investigative Services,
Department of Consumer Affairs, Sacramento, CA, 95814.
(e) A description of the alarm system including the major
components thereof and services to be provided to the purchaser once
the alarm is installed, including response or monitoring services, if
any.
(f) Other matters agreed to by the parties of the contract. The
agreement shall be legible and shall be in a form as to clearly
describe any other document which is to be incorporated into the
contract, and, before any work is done, the client shall be furnished
with a copy of the written agreement signed by the licensee.
(g) A statement setting forth that upon completion of the
installation of the alarm system, the alarm company shall thoroughly
instruct the purchaser in the proper use of the alarm system.
(h) In the event a mechanic's lien is to be utilized, a
notice-to-owner statement which shall describe, in nontechnical
language and in a clear and coherent manner using words with common
and everyday meaning, the pertinent provisions of this state's
mechanics' lien laws and the rights and responsibilities of an owner
of property and a contractor thereunder, including the provisions
relating to the filing of a contract concerning a work of improvement
with the county recorder and the recording in the office of a
contractor's payment bond for private work.
(i) For agreements entered into on or after January 1, 2016, if
the agreement contains an automatic renewal provision, the agreement
shall include a separate and clear disclosure advising the consumer
that the agreement he or she is entering into contains an automatic
renewal provision. The disclosure shall specify that if the consumer
fails to provide notification of nonrenewal, as required in the
agreement, it will result in the automatic renewal of the agreement
and shall include the period of time of the renewal term.
(i)
(j) In addition to the above, every initial residential
sales and lease agreement, the total cost which over the time period
fixed by the agreement exceeds two hundred fifty dollars ($250),
including the cost of all labor, service, or material to be provided
by the licensee for the installation, shall include, but not be
limited to, the following:
(1) A schedule of payments showing the amount of each payment as a
sum in dollars and cents. This schedule of payments shall be
referenced to the amount of work for services to be performed or to
any materials or equipment to be supplied.
(2) If the payment schedule contained in the agreement provides
for a down payment to be paid to the licensee by the owner or the
tenant before commencement of the work, that down payment shall not
exceed one thousand dollars ($1,000) or 10 percent of the contract
price, excluding finance charges, whichever is the lesser.
(3) In no event shall the payment schedule provide that the
licensee receive, nor shall the licensee actually receive, payment in
excess of 100 percent of the value of the work performed on the
project at any time, excluding finance charges, except that the
licensee may receive an initial down payment authorized by paragraph
(2). A failure by the licensee, without legal excuse, to
substantially commence work within 20 days of the approximate date
specified in the contract when work is to commence, shall postpone
the next succeeding payment to the licensee for that period of time
equivalent to the time between when substantial commencement was to
have occurred and when it did occur.
(4) A notice-to-owner statement which shall describe, in
nontechnical language and in a clear and coherent manner using words
with common and everyday meaning, the pertinent provisions of this
state's mechanics' lien laws and the rights and responsibilities of
an owner of property and a contractor thereunder, including the
provisions relating to the filing of a contract concerning a work of
improvement with the county recorder and the recording in the office
of a contractor's payment bond for private work.
(5) A description of what constitutes substantial commencement of
work pursuant to the contract.
(6) A disclosure that failure by the licensee, without legal
excuse, to substantially commence work within 20 days from the
approximate date specified in the agreement when the work will begin
is a violation of the Alarm Company Act.
(7) A disclosure informing the buyer of any potential permit fees
which may be required by local jurisdictions concerning the
monitoring of an existing alarm system.
(8) This section shall not be construed to prohibit the parties to
a residential alarm system sale contract from agreeing to a contract
or account subject to Chapter 1 (commencing with Section 1801) of
Title 2 of Part 4 of Division 3 of the Civil Code.
(k) A violation of this section or failure
to commence work pursuant to paragraph (6) of subdivision
(h) (j) may result in a fine of one hundred
dollars ($100) for the first violation and a fine of five
hundred dollar dollars ($500)
fine for each subsequent violation.
SEC. 15. Article 15 (commencing with Section
7599.80) is added to Chapter 11.6 of Division 3 of the
Business and Professions Code , to read:
Article 15. Review
7599.80. Notwithstanding any other law, the powers and duties of
the bureau, as set forth in this chapter, shall be subject to review
by the appropriate policy committees of the Legislature. The review
shall be performed as if this chapter were scheduled to be repealed
as of January 1, 2020. All matter omitted in this version of
the bill appears in the bill as introduced in the Senate, February
25, 2015. (JR11)