BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 468|
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THIRD READING
Bill No: SB 468
Author: Hill (D)
Amended: 6/1/15
Vote: 21
SENATE BUS, PROF. & ECON. DEV. COMMITTEE: 8-0, 4/27/15
AYES: Hill, Bates, Block, Galgiani, Hernandez, Jackson,
Mendoza, Wieckowski
NO VOTE RECORDED: Berryhill
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
SUBJECT: Bureau of Security and Investigative Services:
licensees
SOURCE: Author
DIGEST: This bill extends the operation of the Bureau of
Security and Investigative Services (Bureau) 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. This bill also
subjects the Bureau to review by the appropriate committees of
the Legislature and makes various changes to provisions in the
aforementioned Acts to improve the oversight, enforcement and
regulation by the Bureau of licensees under each Act.
ANALYSIS:
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Existing law:
1)Establishes the Bureau within the Department of Consumer
Affairs (DCA). (Business and Professions Code (BPC) § 6980.1)
2)Establishes the following Acts:
a) Alarm Company Act (BPC § 7590)
b) Locksmith Act (BPC § 6980)
c) Private Investigator Act (BPC § 7512)
d) Private Security Services Act (BPC § 7580)
e) Proprietary Security Services Act (BPC § 7574)
f) Collateral Recovery Act (BPC § 7500)
3)Requires armed guards applying for a Bureau issued firearms
permit to submit a second set of fingerprints to the
Department of Justice (DOJ) to obtain a DOJ Firearm
Eligibility Determination before consideration of a firearms
permit from the Bureau. (BPC § 7583.23(c))
4)Specifies that any institution, firm, or individual seeking
the Bureau's certification as a firearms training facility
must complete an application that includes: the name and
location of the entity, the places, days, and times the course
will be offered, an estimate of the minimum and maximum class
size, the location and description of the range facilities,
and the names and certificate numbers of the Bureau-certified
firearms training instructors who will teach the course. (BPC
§ 7585.3)
5)States that applicants that wish to obtain a firearms
qualifications card must complete a course of training in the
carrying and usage of firearms according to the standards of
the Bureau's "Firearms Training Manual", which includes: the
moral and legal aspects of firearms usage, firearms
nomenclature and maintenance, weapon handling and shooting
fundamentals, emergency procedures, and prequalification range
training. Applicants are also required to take a
qualification course of fire which includes: range safety and
procedures, demonstration and dry firing, practice rounds, and
qualification firing.
(BPC §§ 7585 and 7585.6)
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6)Specifies that any person registered as a security guard or
patrol person shall deliver to the Director of the DCA 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 of the
incident and requires specified information to be provided on
the form provided by the Director.
(BPC § 7583.4)
7)Exempts California peace officers from Bureau firearms
training courses if he or she has successfully completed a
course of study in the use of firearms.
(BPC § 7583.22)
8)States that a private investigator (PI) must possess a valid
Bureau firearms qualification card on his or her person while
carrying a firearm during the course of an investigation.
(BPC § 7542)
9)States that every agreement, including, but not limited to,
lease agreements, monitoring agreements, and service
agreements, as well as all labor, services, and materials to
be provided for the installation of an alarm system, must be
in writing. (BPC § 7599.54)
This bill:
1) Extends the Bureau's operations and Alarm Company Act,
Locksmith Act, Private Investigator Act, Private Security
Services Act, Proprietary Security Services Act, and
Collateral Recovery Act until January 1, 2020.
2) Subjects the Bureau to review by the appropriate committees
of the Legislature.
3) Requires applicants applying for licensure as an armed
security guard to submit alongside his or her application, a
signed affidavit of his or her completion of a psychological
examination by a licensed psychologist.
4) Requires both a security guard and his or her employer to
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submit a written report to the Director of the DCA of any
incident involving the discharge of a firearm while he or she
is on duty.
5) Requires the Bureau to conduct inspections of all firearms
training facilities in this state to ensure compliance with
applicable Bureau requirements, rules, and regulations.
6) Exempts Federal Law Enforcement Officers from Bureau
firearms, power to arrest, and baton training requirements if
he or she has already completed a course of study for each.
7) Clarifies that private investigators who wish to carry a
concealed firearm must obtain and have on their person while
carrying out an investigation, both a Bureau issued firearms
permit as well as a Concealed Carry Weapons (CCW) permit.
8) Requires alarm companies to make a specific disclosure to
their customers regarding any evergreen clause renewals in
their contracts.
9) Updates the fine and citation structure for violations of
provisions in the Alarm Company Act, Private Investigator
Act, Private Security Services Act, and Collateral Recovery
Act.
Background
The following are some of the major issues pertaining to the
Bureau along with background information concerning the
particular issue.
Sunset Review of the Bureau. Currently there is no sunset date
established for the Bureau or the six Acts which the Bureau
regulates. The 2015 Sunset Hearing was the Bureau's first
Sunset Review. The Bureau and DCA appear committed to working
collaboratively with the Legislature and the Committees to find
solutions moving forward in the regulation of this important
industry and thus should have the opportunity to address new and
existing issues raised within the Bureau as well as from the
Committees. This bill will establish a new sunset date, thereby
extending the six professional Acts regulated by the Bureau in
order to address the issues raised within the Bureau and by the
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Committees.
Mental Health Evaluations for Armed Guards. Currently,
California does not require mental health examinations for armed
guards. All applicant types, with the exception of proprietary
private security employers, must submit their fingerprints to
the Federal Bureau of Investigation and DOJ for a criminal
background check. Guards who apply for a Bureau Firearm Permit
must submit a second set of fingerprints to obtain a DOJ Firearm
Eligibility Determination. The DOJ Firearm Bureau then advises
the Bureau whether the individual may possess or is prohibited
from possessing a firearm based on the applicant's prior
criminal past or history of mental instability. In addition,
Bureau staff checks the Bureau's application and enforcement
databases for any possible prior disciplinary actions, citations
issued, or investigations related to the applicant.
Mandatory Reporting Requirements. The Bureau is not required by
law to collect reports of shooting incidents involving armed
guards. However, entities overseeing the actions of licensed
armed guards are required to submit these reports. The Private
Security Act requires security guards and their licensed
employer to report an incident within seven days of the incident
occurring. The process of reporting an incident of an
altercation with an armed guard begins with a Report of Incident
Form (RIF). After an RIF is submitted an investigation can be
initiated. The Bureau will also initiate an investigation if it
receives information regarding an incident from law enforcement,
a complaint, or a media article. This bill will require
applicants to submit an affidavit signed by a licensed
psychologist that states he or she has undergone a psychiatric
evaluation alongside his or her Bureau Firearm Permit
application. This bill requires submission to the Director of
the DCA of a firearms incident report by both the individual
involved in the discharge incident as well as his or her
employer.
Firearms Training Facilities Oversight. There is no statutory
requirement for the Bureau to inspect the approved schools and
firearm/baton training facilities; however, the Bureau has the
discretionary authority to do so. The Bureau carried out a
firearm training facility pilot program in Fiscal Year (FY)
2012-13 and conducted 15 inspections, but due to staff and
workload issues, the inspections were discontinued. However,
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the firearm/baton training facilities and approved trainers are
inspected as part of an investigation in response to a
complaint. This bill will require the Bureau to conduct
inspections of all firearms training facilities in the state of
California to ensure compliance with applicable Bureau
requirements, rules, and regulations.
Training Exemptions for Federal Law Enforcement Officers. The
Private Security Services Act exempts specified peace officers
from the firearm training required as a condition for issuance
of the Bureau's Firearms Permit. Peace officers are already
required to complete firearms training through their employing
agency, hence the exemptions from the training required for
issuance of the Bureau's Firearms Permit. California does not
recognize Federal Law Enforcement Officers as California peace
officers. Therefore, any Federal Law Enforcement Officer would
not qualify for the same exemptions mentioned above that
California peace officers would be eligible to receive even
though they are also already required to complete firearms
training through their employing agency. This bill will exempt
Federal Law Enforcement Officers from Bureau firearms, power of
arrest, and baton required training courses if he or she has
already completed a course of study in each of these subjects.
This will make requirements and exemptions for Federal Law
Enforcement Officers consistent with requirements and exemptions
for California peace officers, whose prior training has been
determined as sufficient for licensure.
Concealed Carry for PIs. Currently, the BPC does not
specifically prohibit PIs to carry a concealed weapon while
carrying out an investigation covered by the Private
Investigator Act. There is some concern about the transmittal
of information from the Bureau to licensees that a PI with a CCW
permit may not carry that concealed weapon while carrying out an
investigation covered by the Private Investigator Act. This
bill clarifies that PIs who wish to carry a concealed firearm
may do so if he or she possesses both a Bureau Firearm Permit
and a CCW permit while carrying out an investigation.
Evergreen Clause Disclosure. Currently, Alarm Companies are
exempt from specific disclosure requirements regarding automatic
renewal provisions in their contracts, known as "Evergreen
Clauses". This clause in the contract allows for automatic
renewal of the monitoring portion of the contract unless the
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customer cancels the contract in writing by the date indicated
in the contractual agreement. The Bureau has stated that it
receives approximately 70 complaints per year related to
Evergreen Clauses, which comprises 40% of all alarm company
complaints received. Since these complaints involve a
contractual agreement, the Bureau states that is it frequently
limited in what it can do for the consumer. This bill requires
alarm companies to give their customers specific disclosure
about any automatic renewal provisions in their contracts.
Cite and Fine Updates. The Bureau issues citations and fines as
a means to encourage compliance with the laws and regulations of
the six acts within the Bureau's oversight authority. Citations
are issued for the less egregious violations because the primary
intent is to encourage compliance as opposed to pursuing actions
to revoke or suspend licensure. This bill updates the fine and
citation structure for violations of provisions in the Alarm
Company Act, Private Investigator Act, Private Security Services
Act, and Collateral Recovery Act in order to help the Bureau
better encourage compliance with existing laws and regulations.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
According to the Senate Appropriations Committee:
Bureau costs of approximately $300,000 annually, and three PY
of enforcement staff, to conduct compliance inspections of
firearms training facilities. (Private Security Services
Fund)
Bureau costs of approximately $131,000 annually, and two PY of
licensing staff, to process psychological examinations
submitted with Firearm Permit applications. (Private Security
Services Fund)
Prevents expenditures of approximately $12.1 million (mainly
from the Private Security Services Fund), supporting 51.4 PY,
and the collection of approximately $12.1 million in fee
revenues, beyond January 1, 2020.
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Unknown penalty and fine revenue gains (Private Security
Services Fund)
SUPPORT: (Verified6/1/15)
None received
OPPOSITION: (Verified6/1/15)
Board of Psychology
ARGUMENTS IN OPPOSITION: The Board of Psychology is opposed to
this bill unless the provision of this bill requiring an
applicant to undergo a psychological evaluation before receiving
a firearms permit amends the type of test administered by a
licensed psychologist. The Board of Psychology has proposed
language to remove the requirement of the administration of any
current standard form of the Minnesota Multiphasic Personality
Inventory and instead allow the licensed psychologist to
administer any psychological evaluation deemed necessary to
render a professional opinion.
Prepared by:Janelle Miyashiro / B., P. & E.D. / (916) 651-4104
6/1/15 16:10:23
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