BILL ANALYSIS                                                                                                                                                                                                    







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        |Hearing Date:April 20, 2009    |Bill No:SB                            |
        |                               |741                                   |
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          SENATE COMMITTEE ON BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
                         Senator Gloria Negrete McLeod, Chair

                        Bill No:        SB 741Author:Maldonado
                    As Amended:April 13, 2009          Fiscal: Yes

        
        SUBJECT:  Proprietary security services.
        
        SUMMARY:  Revises and recasts the existing regulation of  
        proprietary private security officers to require both proprietary  
        private security officers and proprietary private security  
        employers, as defined, to register with the Bureau of Security and  
        Investigative Services; establishes training and enforcement  
        provisions.

        Existing law:

        1)Provides for the registration and regulation of some 2,100  
          proprietary private security officers (PPSOs) under the  
          Proprietary Security Services Act (Act) by the Bureau of  
          Security and Investigative Services (Bureau) in the DCA.  

        2)Requires a proprietary private security officer (PPSO) to  
          register with the DCA, and defines "proprietary private security  
          officer" as an unarmed individual employed exclusively by one  
          employer to provide security services for that employer, and  
          whose services are not contracted to any other entity, and who  
          meets both of the following:

           a)   Is required to wear a distinctive uniform clearly  
             identifying the individual as a security officer.

           b)   Is likely to interact with the public while performing  
             duties.

        3)Prohibits a PPSO registration from being issued until payment of  
          the application fee and a criminal history background check has  
          been completed, as specified, and the Bureau has made a  





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          determination in this regard.

        4)Authorizes, except as otherwise specified, a registered person  
          to request review by a private security disciplinary review  
          committee, to contest the assessment of fines or to appeal the  
          denial, revocation, or suspension of a registration.

        5)Requires persons entering into employment as a PPSO to complete  
          a course in security officer skills within six months of their  
          registration, 

        6)Requires DCA to develop and approve a standard course and  
          curriculum for a skills training course, and in order to develop  
          the course, requires DCA to convene an advisory committee of  
          specified stakeholders.

        7)Requires employers of PPSOs to provide an annual review or  
          practice of security officer skills, and maintain a record  
          verifying completion of the review or practice training for two  
          years.

        8)Exempts peace officers and armored vehicle guards from the  
          training and annual training review requirements.

        9)Makes the training requirements effective on July 1, 2009, for  
          persons hired on or after January 1, 2009, and effective on  
          January 1, 2010, for those persons hired prior to January 1,  
          2009.

        This bill:

        1)Revises and recasts the above provisions of the Proprietary  
          Security Services Act (Act), beginning January 1, 2011, as  
          described below. 

        2)Defines various terms for purposes of the Act, including:

           a)   "Bureau" as the Bureau of Security and Investigative  
             Services; 

           b)   "Chief" as the Chief of the Bureau of Security and  
             Investigative Services;

           c)   "Director" as the Director of Consumer Affairs;

           d)   "Proprietary private security employer" (PPSE) as a person  





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             who has one or more employees who provide security services  
             for the employer and only for the employer.  A person who  
             employs proprietary security officers at more than one  
             location shall be considered a single employer. 

           e)   Retains the definition of "proprietary private security  
             officer" as described under Existing Law item # 2, above.

        3)Provides that the Director shall enforce the Act, and may, as  
          specified, employ inspectors, investigators, and other personnel  
          to enforce the Act, and may adopt regulations to administer and  
          enforce the Act

        4)Prohibits any person from engaging in the business of a PPSO  
          unless registered with DCA under the Act, subject to the  
          following:

           a)   The registration application shall require submission of  
             fingerprints to the Department of Justice, and a fee of $50. 

           b)   Upon approval of registration, the chief shall issue a  
             registration card, which is valid for two years.

           c)   Authorizes a person to work as a PPSO pending receipt of a  
             registration card if he or she has been approved by the  
             Director and carries a printout of the approval from the  
             Bureau's Internet Website and valid identification, as  
             specified.

           d)   In the event of loss or destruction of a registration  
             card, provides for an application for replacement, as  
             specified, subject to a $10 fee.

           e)   Provides for a biennial registration renewal, subject to a  
             $35 fee.  

        5)Prohibits any person from engaging in the business of a  PPSE   
          unless registered with DCA under the Act, subject to the  
          following:

           a)   Submission of an application and payment of a $75  
             registration fee.

           b)   Upon approval of registration, the chief shall issue a  
             registration certificate, which is valid for two years.






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           c)   Provides for a biennial registration renewal, subject to a  
             $35 fee.

           d)   Exempts certain PPSEs from registration, as specified.

        6)Authorizes the Director to refuse to approve a PPSO or PPSE  
          registration for a person who has had any license or  
          registration revoked, or whose license or registration is under  
          suspension, or has failed to renew his or her license or  
          registration while it was under suspension.

        7)Authorizes the Director to refuse to issue a PPSO or PPSE  
          registration to a person who has committed any act that, if  
          committed by a registrant, would be grounds for refusing to  
          issue a registration or for the suspension or revocation of a  
          registration issued under the Act.

        8)Generally mirrors the coursework, curriculum and annual review  
          provisions described under Existing Law, items #5-8, above.

        9)Restricts PPSEs from subletting PPSOs employed by them to any  
          other person, business, or entity.

        10)Requires PPSEs to maintain specified records regarding the  
          employment of officers as well as the completion by officers of  
          training in security officer skills.

        11)Requires PPSOs on duty to carry a valid and current  
          registration card or a specified hard copy printout of the  
          Bureau's approval, and a valid identification while on duty.   
          Specifies that the failure to comply with this requirement will  
          result in the imposition of a $25 fine for the first violation  
          and a $50 fine for each subsequent violation.

        12)Retains the appeals process to a private security disciplinary  
          review committee and the Office of Administrative Hearings  
          described in Existing Law item #4, above, for a registered  
          person to contest a fine or denial, revocation or suspension of  
          a registration.

        FISCAL EFFECT:  Unknown.  This bill has been keyed "fiscal" by  
        Legislative Counsel.

        COMMENTS:
        
        1.Purpose.  This bill is sponsored by the  Department of Consumer  





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          Affairs  (DCA) in order to grant the Bureau of Security and  
          Investigative Services (Bureau) enforcement authority over  
          proprietary private security officers (PPSOs) and proprietary  
          private security employers (PPSEs).

        2.Background.  There are two different categories of security  
          guards regulated by the Bureau; those who work in-house for a  
          specific employer (PPSOs) and those who are employed by a  
          contract security firm to provide security services for a third  
          party (private patrol operators).  This bill deals solely with  
          the security guards who work in-house for a specific employer. 

        A PPSO is an unarmed individual, who is employed exclusively by a  
          single employer, providing security services for that employer,  
          and whose services are not contracted to any other entity or  
          person.  PPSOs are required to wear a distinctive uniform, and  
          are likely to interact with the public while performing their  
          duties.  Under the Proprietary Security Services Act (Act),  
          PPSOs are required to register with the Bureau within DCA which  
          must include submission of fingerprints for a background check  
          and an application fee of $50 and complete various training  
          requirements.  DCA states:  "However, the law does not give the  
          Bureau any authority to issue administrative citations for  
          unlicensed activity or for failing to comply with training  
          requirements.  This regulatory scheme does not protect  
          consumers."

        3.Prior Legislation.   SB 666  (Maldonado, Chapter 721, Statutes of  
          2007) required PPSOs to complete security officer skills  
          training as they begin their employment and to undergo an annual  
          review of this training.  SB 666 also required the Bureau to  
          establish a training curriculum by regulation, with the  
          assistance of an advisory committee.  According to DCA, the  
          Bureau has already facilitated meetings of the advisory  
          committee and is finalizing a rulemaking package to establish a  
          training curriculum.  However, the SB 666 did not grant the  
          Bureau the authority to issue administrative citations to PPSOs  
          or to their employers when they do not comply with training  
          requirements.  When the Governor signed SB 666, he issued the  
          following signing message:

             "I am signing Senate Bill 666 because it would require  
             proprietary private security officers to complete security  
             officer skills training and require the Bureau? to develop  
             a curriculum for this training with the assistance of an  
             advisory committee.  However, I am signing this bill with  





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             the expectation that the Legislature will provide the  
             Bureau the legal authority to enforce these requirements."  
             [emphasis added]

           SB 194  (Maldonado, Chapter 655, Statutes of 2005) established  
          the initial Proprietary Security Services Act, defining  
          proprietary private security officers and requiring them to  
          register with the Department of Consumer Affairs.

           SB 1209  (Maldonado, 2008) included provisions very similar to  
          those in this bill.  However, those provisions were included  
          only for a short time (inserted in June 9, 2008 amendments and  
          stricken out in June 18, 2009 amendments).  The bill was  
          eventually held on the Assembly Appropriations Suspense File.

        4.Registering Employers of PPSOs.  Prior to this legislation, the  
          employers of proprietary private security officers have not been  
          registered with the Bureau.  While the current law places  
          requirements upon the employers to annually conduct a review of  
          the PPSOs skills, and to maintain records, the law does not  
          place them under the authority of the Bureau in any realistic  
          manner.  This bill would require the employer, termed a  
          "proprietary private security employer" (PPSE) to register with  
          the Bureau and pay a biennial renewal fee.  The PPSE, subject to  
          registration, might be a department store, hardware store,  
          entertainment or sports facility, or other type of business that  
          employs its own security guards. 

        When last Session's SB 1209, contained essentially the same  
          provisions as are in this bill, concern was expressed by some  
          retailers with multiple business locations as to whether they  
          would have to register each store location as a PPSE, and  
          whether they would be able to move their PPSO employees between  
          store locations.  As currently drafted, this bill appears to  
          address these concerns.  The bill explicitly states in the  
          definition of proprietary private security employer:  "A person  
          who employs proprietary security officers pursuant to this  
          chapter at more than one location shall be considered a single  
          employer," thereby requiring only one registration for multiple  
          locations.  Furthermore, while the bill prohibits a PPSE from  
          subletting a PPSO to any other entity, it explicitly states that  
          it does not prohibit an employer from transferring employees  
          from one location to another or from one subsidiary to another.

        5.Cite and Fine Authority.  Pursuant to Section 125.9 of the  
          Business and Professions Code, boards and bureaus under the DCA  





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          are given general authority to issue administrative citations,  
          and citations with fines for violations of the applicable  
          licensing act or any regulation adopted thereto.  To do this a  
          board or bureau must establish by regulation a cite and fine  
          system.  Citations must be in writing and describe the  
          particular nature of the violation, including specific reference  
          to the law violated.  The citation may contain an order of  
          abatement of the violation.  Fines are limited to $5,000 for  
          each inspection or each investigation made of the violation.   
          The citation must inform the licensee of the right to request a  
          hearing to contest the finding of violation.  Failure to pay a  
          fine within 30 days of the date the fine becomes final is a  
          cause for disciplinary action by the board or bureau, and the  
          amount of the fine shall be added to the renewal fee.  If a fine  
          is paid to satisfy an assessment based upon a finding of  
          violation, the payment of the fine shall be considered  
          satisfactory resolution of the matter for purposes of public  
          disclosure.  

        A board or bureau is also authorized, under general provisions of  
          the Code, to establish by regulation a similar system for the  
          issuance of administrative citations and fines to an unlicensed  
          person who is acting in the capacity of a licensee.  The cite  
          and fine system for unlicensed activity must meet the same terms  
          and $5,000 limitation as for the cite and fine system for  
          licensed persons.  

        Boards, bureaus and the DCA acknowledge that over the years, the  
          ability to issue citations and fines has been an effective  
          enforcement tool to address lesser violations by licensees that  
          are not substantial enough for a board or bureau to initiate  
          formal disciplinary action to revoke a license or registration.   
          The ability to issue citations and fines for unlicensed activity  
          has also been an important and effective tool when persons fail  
          to or refuse to obtain a required license or registration.

        This bill would give the DCA the ability to use these effective  
          enforcement tools with regard to both PPSOs and PPSEs.

        6.Arguments in Support.   California Association of Licensed  
          Security Agencies, Guards & Associates  (CALSAGA) writes in  
          support that in recent years California has made major strides  
          in professionalizing private security, mandating DOJ and FBI  
          background checks and dramatically increasing the training  
          requirement for these officers.  CALSAGA believes that the bill  
          would close a loophole in the law by extending the Bureau's  





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          regulation to employers of proprietary security thereby adding  
          another layer of public and consumer protection.

         
        NOTE  :  Double-referral to Public Safety Committee second.
        

        SUPPORT AND OPPOSITION:
        
         Support:   

        Department of Consumer Affairs (Sponsor)
        California Association of Licensed Security Agencies, Guards &  
          Associates

         Opposition:  None received as of April 15, 2009



        Consultant:G. V. Ayers