BILL ANALYSIS                                                                                                                                                                                                    



                                                                       


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                              UNFINISHED BUSINESS


          Bill No:  SB 722
          Author:   Figueroa (D)
          Amended:  9/4/01
          Vote:     27

           
           SENATE BUSINESS & PROFESSIONS COMMITTEE  :  5-0, 4/30/01
          AYES:  Figueroa, Johannessen, Machado, Murray, Polanco

           SENATE FLOOR  :  39-0, 5/7/01 (Consent)
          AYES:  Ackerman, Alarcon, Alpert, Battin, Bowen, Brulte,  
            Burton, Chesbro, Costa, Dunn, Escutia, Figueroa, Haynes,  
            Johannessen, Johnson, Karnette, Knight, Kuehl, Margett,  
            McClintock, McPherson, Monteith, Morrow, Murray,  
            O'Connell, Oller, Ortiz, Peace, Perata, Polanco,  
            Poochigian, Romero, Scott, Sher, Soto, Speier, Torlakson,  
            Vasconcellos, Vincent

           SENATE FLOOR  :  25-13, 9/6/01
          AYES:  Alarcon, Alpert, Bowen, Burton, Chesbro, Costa,  
            Dunn, Escutia, Figueroa, Johannessen, Karnette, Kuehl,  
            Machado, O'Connell, Ortiz, Peace, Perata, Romero, Scott,  
            Sher, Soto, Speier, Torlakson, Vasconcellos, Vincent
          NOES:  Ackerman, Battin, Brulte, Haynes, Johnson, Knight,  
            Margett, McClintock, McPherson, Monteith, Morrow, Oller,  
            Poochigian

           ASSEMBLY FLOOR  :  70-8, 9/5/01 - See last page for vote


           SUBJECT  :    Security businesses

           SOURCE  :     Author

                                                           CONTINUED





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           DIGEST  :    This bill revises fee and fine amounts in  
          connection with private patrol operators (PPOs) and other  
          specified entities, and modifies the education course known  
          as the Security Guard Power to Arrest (SGPA) course  
          required by the Private Security Services Act (PSSA).

           Assembly Amendments  revise fee and fine amounts in  
          connection with private patrol officers and other entities.

           ANALYSIS  :    This bill:

          1. Revises the fee schedule for private investigators (PIs)  
             and PPOs, including increasing the application and  
             examination fee for an original PPO license from $200 to  
             $500.  

          2. Revises the fine schedule for PPOs, including increasing  
             the fine for failure to ascertain that an employee is  
             proficient in the use of specified weapons to $500 for  
             the first violation (instead of $250) and $1,500 per  
             violation thereafter.  

          3. Establishes fines for specified PPO violations including  
             a fine of $250 for failure to post a PPO license in a  
             conspicuous place in the principal place of business.  

          4. Revises the fine schedule for security guards and  
             training instructors, including increasing the fine for  
             failure to carry a valid firearm permit from $25 for the  
             first violation, and $50 per violation thereafter.  

          5. Provides that if the Department of Consumer Affairs  
             (DCA) determines a PPO licensee is in violation of  
             specified requirements, DCA may issue a citation to the  
             licensee.  The amount of the fine shall in no event  
             exceed $2,500, or as otherwise provided by current law,  
             whichever is less.  

          6. Increases the SGPA course by one hour, and authorizes  
             DCA to include additional topics that are deemed  
             necessary for proper training.  Also requires that the  
             majority of the course be taught by verbal instruction  
             and allows a video presentation to be part of the verbal  







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             instruction.  Further requires PPOs to provide a copy of  
             the course guidebook to each person they currently  
             employ, and to every individual they intend to hire,  
             within a reasonable time prior to the start of the  
             course.  

           Comments  :

          The fee increases proposed in this bill, and promoted by  
          the California Association of Licensed Security Agencies,  
          Guards & Associates (CALSAGA), are designed to allow DCA's  
          Bureau of Security and Investigative Services (BSIS) to  
          continue to perform its duties.  Without fee increases, it  
          is projected that BSIS will have a fund balance deficit of  
          approximately $148,000 by the end of 2002-03.  BSIS's  
          primary responsibility is to protect consumers.  One of  
          BSIS's most important specific duties is to ensure criminal  
          background checks for private security guards.  There are  
          approximately 45,000 annual applications for security  
          guards, and it is estimated that approximately 2,500, or  
          5%, have a felony conviction that would prohibit them from  
          qualifying to be a security guard.  Supporters of this bill  
          argue that if BSIS's funds are allowed to be depleted, the  
          result will be a de facto deregulation of the industry.  

          BSIS is responsible for the licensure and regulation of  
          PPOs and security guards.  Currently, there are 2,127  
          licensed PPOs and 162,643 licensed security guards.  On  
          average, BSIS receives approximately 50,000 new security  
          guard applications each year  and an equal number of  
          security guards leave the profession each year.  

          CALSAGA states that this bill strengthens the initial  
          training and testing requirements for security guard  
          applicants.  Additionally, CALSAGA states that this bill  
          will enhance the information available to prospective  
          applicants as well as strengthen classroom instruction in  
          preparation for taking the pre-employment guard test.   
          Finally, CALSAGA states that this bill will improve  
          consumer protection and public safety by providing  
          increased pre-employment training and information for  
          security guards entering the private security guard  
          service.  








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           FISCAL EFFECT  :    Appropriation:  Yes   Fiscal Com.:  Yes    
          Local:  No

          DCA estimates additional revenue to the Private Security  
          Services Fund of $800,000 in 2001-02 and $1.4 million  
          annually thereafter.  Any costs to BSIS would be  
          negligible.  

           SUPPORT  :   (Verified  9/5/01)

          California Association of Licensed Security Agencies,  
          Guards & Associates
          Edison Security
          Peace Officers Research Association of California


           ASSEMBLY FLOOR  :
          AYES:  Alquist, Aroner, Ashburn, Bates, Briggs, Calderon,  
            Bill Campbell, John Campbell, Canciamilla, Cardenas,  
            Cardoza, Cedillo, Chan, Chavez, Chu, Cogdill, Cohn,  
            Corbett, Correa, Cox, Daucher, Diaz, Dickerson, Dutra,  
            Firebaugh, Florez, Frommer, Goldberg, Harman, Havice,  
            Horton, Jackson, Keeley, Kehoe, Kelley, Koretz, Leach,  
            Leonard, Leslie, Liu, Longville, Lowenthal, Maddox,  
            Matthews, Migden, Nation, Negrete McLeod, Oropeza, Robert  
            Pacheco, Papan, Pavley, Reyes, Richman, Runner, Salinas,  
            Shelley, Simitian, Steinberg, Strickland, Strom-Martin,  
            Thomson, Vargas, Washington, Wayne, Wesson, Wiggins,  
            Wright, Wyland, Zettel, Hertzberg
          NOES:  Aanestad, Bogh, Hollingsworth, La Suer, Mountjoy,  
            Rod Pacheco, Pescetti, Wyman


          CP:jk  9/7/01   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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