BILL ANALYSIS                                                                                                                                                                                                    Ó



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

          Bill No:            SB 1362         Hearing Date:    April 4,  
          2016
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          |Author:   |Mendoza                                               |
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          |Version:  |February 19, 2016                                     |
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          |Urgency:  |No                     |Fiscal:    |Yes              |
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          |Consultant|Mark Mendoza                                          |
          |:         |                                                      |
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            Subject:  Los Angeles County Metropolitan Transit Authority:   
                                  security officers


          SUMMARY:  Exempts a person regularly employed as a security officer by  
          the Los Angeles County Metropolitan Transit Authority from the  
          requirements of the Private Security Services Act; authorizes  
          these persons who are not peace officers to exercise the power  
          of arrest; permits these persons to carry a wooden club or  
          baton; allows these persons to carry a shotgun, as specified;  
          authorizes the sale, giving, lending, and importation of any  
          large-capacity magazine to these persons.

          Existing law:

          1) Provides for the licensure and regulation of private patrol  
             operators (PPOs), armored contract carriers, and security  
             guards by the Bureau of Security and Investigative Services  
             (BSIS or Bureau) in the Department of Consumer Affairs (DCA)  
             under the Private Security Services Act (Act).  (Business and  
             Professions Code (BPC) § 7580 et. seq.)

          2) Defines a PPO as a person who, for any consideration,  
             furnishes a watchman, guard, patrolperson or other  
             person to protect persons or property.  (BPC § 7582.1) 

          3) Defines a security guard or security officer as an  
             employee of a PPO whose job duties include protecting  
             persons or property.  (BPC § 7582.1)







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          4) Exempts from the Act specific persons from its  
             requirements.  
          (BPC § 7582.2)

          5) Exempts from the Act, an officer or employee of the United  
             States of America, or of this state or a political  
             subdivision thereof, while the officer or employee is engaged  
             in the performance of his or her official duties.  (BPC §  
             7582.2(b))

          6) Authorizes certain persons who are not peace officers to  
             exercise the powers of arrest under certain  
             circumstances, if they have completed a specific  
             training course prescribed by the Commission on Peace  
             Officer Standards and Training.  (Penal Code (PEN) §  
             830.7).

          7) Provides that PEN § 16580 does not prohibit a police  
             officer, special police officer, peace officer, or law  
             enforcement officer from carrying a wooden club or  
             baton.  (PEN § 22295)

          8) Provides that a person is guilty of carrying a loaded  
             firearm when the person carries a loaded firearm upon  
             the person or in a vehicle while at any public place or  
             on any public street in an incorporated city or in any  
             public place or on any public street in a prohibited  
             area of an unincorporated territory.  
          (PEN § 25850(a))  

          9) Provides that security guards are allowed to carry  
             concealed weapons while actually shipping, transporting,  
             or delivering money or other things of value. (PEN §  
             25630)

          10)Provides that uniformed security guards or night watch  
             persons employed by any public agency, while acting  
             within the scope and course of their employment, may  
             carry loaded firearm as long as they have been issued a  
             certificate from the DCA indicating they have completed  
             a course in the carrying and use of firearms and a  
             course training in the exercise of the power of arrest.   
             (PEN § 26030)








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          11)Provides that, except as specified, any person in this  
             state who manufactures or causes to be manufactured,  
             imports into the state, keeps for sale, or offers or  
             exposes for sale, or who gives, or lends, any  
             large-capacity magazine is punishable by specific  
             penalties or as a felony.  (PEN § 32310)

          12)Exempts any federal, state, county, city, and county, or  
             city agency that is charged with the enforcement of any  
             law from the sale of, giving of, lending of, importation  
             into this state of, purchase of, any large capacity  
             magazine. (PEN § 32400)  

          This bill:

          1) Exempts a person regularly employed as a security officer by  
             the Los Angeles County Metropolitan Transit Authority  
             (LACMTA) from the requirements of the Act.

          2) Extends the power of arrest to persons regularly employed as  
             a security officer by LACMTA, if they successfully complete a  
             specified training course prescribed by the Commission on  
             Peace Officer Standards and Training (POST).

          3) Authorizes a person regularly employed by LACMTA as a  
             security officer to carry a wooden club or baton.

          4) Authorizes a person regularly employed by LACMTA as a  
             security officer to carry a shotgun, as defined, in a patrol  
             vehicle or armored vehicle owned by the authority for use in  
             carrying out the security officer's official duties. 

          5) Authorizes the sale of, giving of, lending of, importation  
             into this state of, or purchase of, any large-capacity  
             magazine to or by the LACMTA for use by its employee security  
             officers in the discharge of their official duties. 

          6) States legislative findings and declarations as to the  
             necessity of a specific statute for the County of Los  
             Angeles. 

          FISCAL  
          EFFECT:  Unknown.  This bill is keyed "fiscal" by Legislative  








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          Counsel.  

          
          COMMENTS:
          
          1. Purpose.   The Teamsters  are the sponsors of this bill.   
             According to the Author, "In the course of their duties,  
             LACMTA officers may need access to weapons, such as a baton  
             or a firearm, in order to handle volatile situations  
             appropriately.  In addition to protecting the public,  
             officers risk bodily harm as they perform their duties.   
             Under current law, the use of batons and firearms by LACTMA  
             officers is unclear, forcing these officers to choose between  
             patrolling unprotected or risking liability issues."

          The Teamsters underscore that, [because of] "LA County Counsel's  
             opinion that LACMTA lacked clear authority to allow their  
             security guard officers to possess certain weapons on the job  
             and to arrest individuals who are suspected of committing  
             criminal acts on LACMTA property, over the past year,  
             officers have been forced to perform dangers duties without  
             adequate protection and to make citizens arrest when criminal  
             conduct occurs.  This obviously puts these officers in harm's  
             way, both physically and legally for no good reason.  SB 1362  
             will rectify the situation and allow these officers to  
             continue to provide their vital services in a safe manner."

          2. Background.  LACMTA is the public transportation operating  
             agency for the County of Los Angeles formed in 1993 out of a  
             merger of the Southern California Rapid Transit District and  
             the Los Angeles County Transportation Commission.  It is  
             chartered under state law as a regional transportation  
             planning agency.
             Metro directly operates bus, light rail, heavy rail, and bus  
             rapid transit services.  It provides funding and directs  
             planning for commuter rail and freeway/expressway projects  
             within Los Angeles County.  In February 2016, LACMTA reports  
             that there were 26,233,143 boardings for the bus system.   
             With respect to the rail system, LACMTA highlights that there  
             were 34,785,787 boardings.
             
             The agency develops and oversees transportation plans,  
             policies, funding programs, and both short-term and  
             long-range solutions that address the county's increasing  








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             mobility, accessibility and environmental needs.  The agency  
             is also the primary transit provider for the City of Los  
             Angeles providing the bulk of such services while the City of  
             Los Angeles Department of Transportation operates a much  
             smaller system of its own Commuter Express bus service to  
             outlying suburbs in the city of Los Angeles and the Downtown  
             Area Short Hop (DASH), mini-bus service in downtown and other  
             neighborhoods in the city of Los Angeles. 

          3. BSIS.  The Bureau currently licenses about 380,000 companies  
             and employees serving in the areas of alarm services,  
             locksmith services, private investigation, private security,  
             repossession, and firearm and baton training.  Based on the  
             past three fiscal years, the Bureau issues an average of  
             1,900 company licenses, 71,000 employee registrations, and  
             12,000 Bureau firearm permits.  On average, the Bureau renews  
             9,500 company licenses, 105,000 employee registrations, and  
             11,500 Bureau firearm permits each year.

             Specifically, the Bureau regulates the following Acts:

               a)     Alarm Company Act
               b)     Locksmith Act
               c)     Private Investigator Act
               d)     Private Security Services Act
               e)     Proprietary Security Services Act
               f)     Collateral Recovery Act

          1. LACMTA, Firearms, and Batons.  Currently, BSIS does not have  
             jurisdiction over LACMTA since it is a public agency.   
             However, the Bureau does regulate individuals that desire to  
             be a security guard and carry a firearm and baton.  

             Standard procedure for LACMTA security guards include  
             registering with BSIS as a security guard and applying for a  
             firearms and baton permit.  Applicants undergo a rigorous  
             application process where they must complete a background  
             check and other mandatory training requirements.  Once  
             registration is complete and both permits are received,  
             LACMTA security guards can carry both a firearm and baton.   
             Approximately 90% of LACMTA's security guards are classified  
             as armed guards. 

          2. The LA County Sherriff's Department.  Unlike LACMTA security  








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             officers, a police officer has the power to arrest and detain  
             an individual.  LACMTA security officers serve as the eyes  
             and ears for law enforcement, but do not have the power to  
             detain an individual.  Police officers have extensive  
             training in investigative searches, arrests, and search and  
             seizure situations.  They also do six months of on the job  
             training where they interact in situations as if they were on  
             patrol.  This overall training includes a minimum of 664  
             hours of POST-developed training and testing in 42 separate  
             areas of instruction called Learning Domains.  Most  
             POST-certified basic training academies exceed the 664 hour  
             minimum by 200 or more hours with some academies presenting  
             over 1000 hours of training and testing.
             This bill would require these security guard officers to  
             complete specified POST courses that relate to the arresting  
             and detaining individuals.  In essence, these individuals  
             would be acting as quasi-police officers.

             Following the January 2016 separation of the LA County  
             Sherriff's Department with LACMTA, there has been competing  
             analysis as to whether or not these guards have statutory  
             authority to carry concealed weapons, shotguns, batons, and  
             high capacity magazines.  LA County Counsel and the  
             Teamsters' Counsel are the main entities at odds on this  
             issue. 
          
           3. Policy Issue  :  If SB 1362 is implemented, who will regulate  
             these security guards?  Currently, BSIS registers LACMTA  
             security guards that request to hold a firearm and baton  
             permit.  Not only does this bill seek to explicitly exclude  
             these guards from the requirements of this Act, but it also  
             would allow LACMTA security guards full access to a firearm,  
             baton, and magazine without a BSIS required permit.   
             Expanding access to firearms and other weapons, without some  
             safeguard that checks the background and mental health of the  
             security guard, appears problematic.  There has also been  
             discussion that LACMTA guards currently believe that they are  
             not required to comply with the Act since they are public  
             employees and not private security guards.  The Committee may  
             wish to ask the Author which local or state authority, if  
             any, would have jurisdiction over regulating these exempted  
             security guards.         










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           NOTE  :  Double-referral to the Senate Committee on Public Safety.
          

          SUPPORT AND OPPOSITION:
          
           Support:  Teamsters (Sponsor)

           Opposition:  None on file as of March 29, 2016.


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