Amended in Assembly April 10, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2220

Introduced by Assembly Member Daly

February 20, 2014

An act to amend begin delete Section end delete begin insert Sections 7583.32 and end insert 7583.40 of, and to repeal and add Section 7583.39 of, the Business and Professions Code, relating to private security services.

LEGISLATIVE COUNSEL’S DIGEST

AB 2220, as amended, Daly. Private security services: begin delete insurance policies. end delete begin insert private patrol operators. end insert

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. begin delete Existing law end delete begin insert The act end insert requires a private patrol operator employing a security guard who carries a firearm to maintain an insurance policy that provides minimum limits of insurance of $500,000 for any one loss due to bodily injury or death and $500,000 for any one loss due to injury or destruction of property.

This bill would instead require the bureau to require begin insert a end insert private patrol operator or applicant for licensure, as a condition precedent to licensure or continued licensure, to file or have on file with the bureau an insurance policy that provides minimum limits of insurance of $1,000,000 for any one loss due to bodily injury or death and $1,000,000 for any one loss due to injury or destruction of property begin insert as well as a certificate of workers’ compensation coverage for its employees issued by an admitted insurer end insert .

begin insert

The act requires a private patrol operator licensee, qualified manager of a licensee, or security guard who, in the course of his or her employment, may be required to carry a firearm to satisfy specified requirements prior to carrying a firearm, including the completion of a course of training in the carrying and use of firearms. Existing law exempts from this requirement a duly appointed peace officer, as defined. The act prohibits the bureau from renewing an expired firearms qualification card unless the applicant has requalified on the range and successfully passed a written examination, as specified.

end insert begin insert

This bill would exempt a duly appointed peace officer, as defined, from the requirements of requalifying on the range and passing the written examination.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 7583.32 of the end insert begin insert Business and Professions
Code end insert begin insert is amended to read: end insert

7583.32.  

(a) A firearms qualification card expires two years
from the date of issuance, if not renewed. A person who wishes
to renew a firearms qualification card shall file an application for
renewal at least 60 days prior to the card’s expiration. A person
whose card has expired shall not carry a firearm until he or she
has been issued a renewal card by the bureau.

(b) The bureau shall not renew a firearms qualification card
unless all of the following conditions are satisfied:

(1) The cardholder has filed with the bureau a completed
application for renewal of a firearms qualification card, on a form
prescribed by the director, dated and signed by the applicant under
penalty of perjury certifying that the information on the application
is true and correct.

(2) The applicant has requalified on the range and has
successfully passed a written examination based on course content
as specified in the firearms training manual approved by the
department and taught at a training facility approved by the bureau.

(3) The application is accompanied by a firearms requalification
fee as prescribed in this chapter.

(4) The applicant has produced evidence to the firearm training
facility, either upon receiving his or her original qualification card
or upon filing for renewal of that card, that he or she is a citizen
of the United States or has permanent legal alien status in the
United States. Evidence of citizenship or permanent legal alien
status is that deemed sufficient by the bureau to ensure compliance
with federal laws prohibiting possession of firearms by persons
unlawfully in the United States and may include, but not be limited
to, Department of Justice, Immigration and Naturalization Service
Form I-151 or I-551, Alien Registration Receipt Card,
naturalization documents, or birth certificates evidencing lawful
residence or status in the United States.

(c) An expired firearms qualification card may not be renewed.
A person with an expired registration is required to apply for a
new firearms qualification in the manner required of persons not
previously registered. A person whose card has expired shall not
carry a firearm until he or she has been issued a new firearms
qualification card by the bureau.

begin insert

(d) Paragraph (2) of subdivision (b) shall not apply to a duly
appointed peace officer, as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 of the Penal Code.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Section 7583.39 of the Business and Professions Code
is repealed.

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

Section 7583.39 is added to the Business and
Professions Code, to read:

7583.39.  

The bureau shall require, as a condition precedent to
the issuance, reinstatement, reactivation, renewal, or continued
maintenance of a license, that the applicant or licensee file or have
on file begin insert with the bureau the following: end insert begin delete an end delete

begin insert (a) end insert begin insert   end insert begin insert An end insert insurance policy, as defined in Section 7583.40.

begin insert

(b) A certificate of workers’ compensation coverage for its
employees issued by an admitted insurer.

end insert

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

Section 7583.40 of the Business and Professions Code
is amended to read:

7583.40.  

“Insurance policy,” as used in this article, means a
contract of liability insurance issued by an insurance company
authorized to transact business in this state that provides minimum
limits of insurance of one million dollars ($1,000,000) for any one
loss due to bodily injury or death and one million dollars
($1,000,000) for any one loss due to injury or destruction of
property.