BILL NUMBER: AB 1235 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 14, 2009
INTRODUCED BY Assembly Member Hayashi
FEBRUARY 27, 2009
An act to amend Section 7582.2 of , and to add Section
7583.47 to, the Business and Professions Code, relating to
private patrol operators.
LEGISLATIVE COUNSEL'S DIGEST
AB 1235, as amended, Hayashi. Private patrol operators.
The Private Security Services Act provides for the licensure and
regulation of private patrol operators by the Bureau of Security and
Investigative Services in the Department of Consumer Affairs.
Existing law exempts specified persons from the act.
Under existing law, security guards and street
patrolpersons are employed by private patrol operators to perform
specified functions.
This bill would make nonsubstantive, technical changes to that
provision.
Existing law, except as specified, prohibits an employer from
employing an employee for a work period of more than 5 hours per day
without providing the employee with a meal period of not less than 30
minutes. Existing law, except as specified, also prohibits an
employer from employing an employee for a work period of more than 10
hours per day without providing the employee with a 2nd meal period
of not less than 30 minutes.
This bill would authorize registered security guards or
streetpatrol persons and licensed private patrol operators to agree
in writing to paid on-duty meal periods or unpaid, off-duty meal
periods, if certain conditions are met. The bill would also make
nonsubstantive, technical changes to another provision of the Private
Security Services Act.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature has determined that
registered security guards or street patrolpersons, employed by
licensed private patrol operators, function in an emergency service
and first responder capacity, and therefore it is the intent of the
Legislature to develop a scheme whereby these persons may make
alternative arrangements regarding meal breaks.
SECTION 1. SEC. 2. Section 7582.2 of
the Business and Professions Code is amended to read:
7582.2. This chapter shall not apply to the following:
(a) A person who does not meet the requirements to be a
proprietary private security officer, as defined in Section 7574.1,
and is employed exclusively and regularly by any employer who does
not provide contract security services for other entities or persons,
in connection with the affairs of the employer only and where there
exists an employer-employee relationship if that person at no time
carries or uses any deadly weapon in the performance of his or her
duties. For purposes of this subdivision, "deadly weapon" is defined
to include any instrument or weapon of the kind commonly known as a
blackjack, slungshot, billy, sandclub, sandbag, metal knuckles, any
dirk, dagger, pistol, revolver, or any other firearm, any knife
having a blade longer than five inches, any razor with an unguarded
blade and any metal pipe or bar used or intended to be used as a
club.
(b) 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,
including uniformed peace officers employed part time by a public
agency pursuant to a written agreement between a chief of police or
sheriff and the public agency, provided the part-time employment does
not exceed 50 hours in any calendar month.
(c) A person engaged exclusively in the business of obtaining and
furnishing information as to the financial rating of persons.
(d) A charitable philanthropic society or association duly
incorporated under the laws of this state that is organized and
maintained for the public good and not for private profit.
(e) Patrol special police officers appointed by the police
commission of any city, county, or city and county under the express
terms of its charter who also under the express terms of the charter
(1) are subject to suspension or dismissal after a hearing on charges
duly filed with the commission after a fair and impartial trial, (2)
must be not less than 18 years of age nor more than 40 years of age,
(3) must possess physical qualifications prescribed by the
commission, and (4) are designated by the police commission as the
owners of a certain beat or territory as may be fixed from time to
time by the police commission.
(f) An attorney at law in performing his or her duties as an
attorney at law.
(g) A collection agency or an employee thereof while acting within
the scope of his or her employment, while making an investigation
incidental to the business of the agency, including an investigation
of the location of a debtor or his or her property where the contract
with an assignor creditor is for the collection of claims owed or
due or asserted to be owed or due or the equivalent thereof.
(h) Admitted insurers and agents and insurance brokers licensed by
the state, performing duties in connection with insurance transacted
by them.
(i) Any bank subject to the jurisdiction of the Commissioner of
Financial Institutions under Division 1 (commencing with Section 99)
of the Financial Code or the Comptroller of Currency of the United
States.
(j) A person engaged solely in the business of securing
information about persons or property from public records.
(k) A peace officer of this state or a political subdivision
thereof while the peace officer is employed by a private employer to
engage in off-duty employment in accordance with Section 1126 of the
Government Code. However, nothing herein shall exempt such peace
officer who either contracts for his or her services or the services
of others as a private patrol operator or contracts for his or her
services as or is employed as an armed private security officer. For
purposes of this subdivision, "armed security officer" means an
individual who carries or uses a firearm in the course and scope of
that contract or employment.
() A retired peace officer of the state or political subdivision
thereof when the retired peace officer is employed by a private
employer in employment approved by the chief law enforcement officer
of the jurisdiction where the employment takes place, provided that
the retired officer is in a uniform of a public law enforcement
agency, has registered with the bureau on a form approved by the
director, and has met any training requirements or their equivalent
as established for security personnel under Section 7583.5. This
officer may not carry a loaded or concealed firearm unless he or she
is exempted under the provisions of subdivision (a) of Section 12027
of the Penal Code or paragraph (1) of subdivision (b) of Section
12031 of the Penal Code or has met the requirements set forth in
Section 12033 of the Penal Code. However, nothing herein shall exempt
the retired peace officer who contracts for his or her services or
the services of others as a private patrol operator.
(m) A licensed insurance adjuster in performing his or her duties
within the scope of his or her license as an insurance adjuster.
(n) Any savings association subject to the jurisdiction of the
Commissioner of Financial Institutions or the Office of Thrift
Supervision.
(o) Any secured creditor engaged in the repossession of the
creditor's collateral and any lessor engaged in the repossession of
leased property in which it claims an interest.
(p) A peace officer in his or her official police uniform acting
in accordance with subdivisions (c) and (d) of Section 70 of the
Penal Code.
(q) An unarmed, uniformed security person employed exclusively and
regularly by a motion picture studio facility employer who does not
provide contract security services for other entities or persons in
connection with the affairs of that employer only and where there
exists an employer-employee relationship if that person at no time
carries or uses any deadly weapon, as defined in subdivision (a), in
the performance of his or her duties, which may include, but are not
limited to, the following business purposes:
(1) The screening and monitoring access of employees of the same
employer.
(2) The screening and monitoring access of prearranged and
preauthorized invited guests.
(3) The screening and monitoring of vendors and suppliers.
(4) Patrolling the private property facilities for the safety and
welfare of all who have been legitimately authorized to have access
to the facility.
(r) The changes made to this section by the act adding this
subdivision during the 2005-06 Regular Session of the Legislature
shall apply as follows:
(1) On and after July 1, 2006, to a person hired as a security
officer on and after January 1, 2006.
(2) On and after January 1, 2007, to a person hired as a security
officer before January 1, 2006.
SEC. 3. Section 7583.47 is added to the
Business and Professions Code , to read:
7583.47. (a) Notwithstanding any other provision of law, a
registered security guard or street patrolperson and a licensed
private patrol operator may agree to paid, on duty meal periods if
the following conditions are met:
(1) The security guard or street patrolperson and the private
patrol operator voluntarily enter into a written agreement for a
paid, on-duty meal period which includes a statement that the
security guard or street patrolperson may revoke the agreement, in
writing, without a penalty.
(2) The agreement authorizes the security guard or street
patrolperson to take a 30 minute paid, on-duty meal period during
every shift of five hours or more.
(3) The on-duty meal period is fully paid and counted as time
worked.
(4) If the security guard or street patrolperson works a shift of
10 hours or more, the employee may take a second paid, on-duty meal
period.
(b) Notwithstanding any other provision of law, a registered
security guard or street patrolperson and a licensed private patrol
operator may agree to unpaid, off-duty meal periods if the following
conditions are met:
(1) The security guard or street patrolperson and the private
patrol operator voluntarily enter into a written agreement for an
unpaid, off-duty meal period which includes a statement that the
security guard or street patrolperson may revoke the agreement, in
writing, without a penalty.
(2) The agreement authorizes the security guard or street
patrolperson to take a 30 minute unpaid, off-duty meal period during
every shift of five hours or more.
(3) The off-duty meal period is not paid and not counted as time
worked.
(4) If the security guard or street patrolperson works a shift of
10 hours or more, the employee may take a second unpaid, off-duty
meal period.