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 ----------------------------------------------------------------- |Author: |Mendoza | |----------+------------------------------------------------------| |Version: |February 19, 2016 | ----------------------------------------------------------------- ---------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ---------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Mark Mendoza | |: | | ----------------------------------------------------------------- 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) SB 1362 (Mendoza) Page 2 of ? 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) SB 1362 (Mendoza) Page 3 of ? 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 SB 1362 (Mendoza) Page 4 of ? 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 SB 1362 (Mendoza) Page 5 of ? 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 SB 1362 (Mendoza) Page 6 of ? 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. SB 1362 (Mendoza) Page 7 of ? 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. -- END --