BILL NUMBER: AB 1042 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 18, 2015
AMENDED IN SENATE JUNE 23, 2015
AMENDED IN ASSEMBLY MAY 18, 2015
AMENDED IN ASSEMBLY APRIL 20, 2015
INTRODUCED BY Assembly Member Cooper
FEBRUARY 26, 2015
An act to amend Section 7574.01 of 7574.11
of, and to amend, repeal, and add Sections 7574.01 and 7574.14 of,
the Business and Professions Code, and to amend
Section 201.3 of the Labor Code, relating to professions and
vocations.
LEGISLATIVE COUNSEL'S DIGEST
AB 1042, as amended, Cooper. Proprietary security services.
The Proprietary Security Services Act generally regulates the
proprietary private security vocation, and requires a proprietary
private security officer to, among other things, register with the
Department of Consumer Affairs and complete specified training. The
act defines a proprietary private security officer as an unarmed
individual who, among other qualifications, meets 2 specific criteria
of being required to wear a distinctive uniform clearly identifying
him or her as a security officer and of being likely to interact with
the public while performing his or her duties. The act exempts
specified persons from its requirements.
This bill bill, on and after January 1,
2017, would expand the definition of a proprietary private
security officer by instead requiring one of the 2 specific criteria
to be met and would include examples of the security officer'
s duties that are likely to involve interacting with the public.
met. The bill would revise one of the criteria, on and
afte r January 1, 2017, to require the likelihood of
interacting with the public while providing security services, as
defined.
The bill would also exempt, on and after January 1, 2017, from the
act an unarmed, plain clothed person employed by a retail store to
exclusively report or prevent theft from the retail store.
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 defines a private patrol operator as a person who, for
consideration, agrees to furnish, or furnishes, a watchman, guard
patrolperson, or other person to protect persons or property or to
prevent the theft, unlawful taking, loss, embezzlement,
misappropriation, or concealment of any property; or performs the
service of a watchman, guard, patrolperson, or other person, for any
of these purposes. Existing law defines a security guard as an
employee of a private patrol operator who performs those
above-referenced functions on or about the premises owned or
controlled by the customer of the private patrol operator or by the
guard's employer or in the company of persons being protected.
Existing law generally requires that an employee of a temporary
services employer, as defined, be paid weekly. Existing law provides
that a violation of these provisions is punishable as a misdemeanor.
This bill would provide for that weekly pay requirement to apply
to a security officer employed by a private patrol operator who is a
temporary services employer, as provided.
By expanding the scope of crime, the bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7574.01 of the Business and
Professions Code is amended to read:
7574.01. For the purposes of this chapter, the following terms
shall have the following meanings:
(a) "Bureau" means the Bureau of Security and Investigative
Services.
(b) "Chief" means the Chief of the Bureau of Security and
Investigative Services.
(c) "Director" means the Director of Consumer Affairs, unless the
context indicates otherwise.
(d) "Person" includes any individual, firm, company, association,
organization, partnership, and corporation.
(e) "Proprietary private security employer" means a person who has
one or more employees who provide security services for the employer
and only for the employer. A person who employs proprietary private
security officers pursuant to this chapter at more than one location
shall be considered a single employer.
(f) "Proprietary private security officer" means an unarmed
individual who is employed exclusively by any one employer whose
primary duty is to provide security services for his or her employer,
whose services are not contracted to any other entity or person, and
who is not exempt pursuant to Section 7582.2, and who meets either
of the following criteria:
(1) Is required to wear a distinctive uniform or marked shirt or
jacket clearly identifying the individual as a security officer.
(2) Is likely to interact with the public while providing security
services, which may include, but not be limited to, acting to
prevent unapproved or unlawful entry, directing persons causing a
disturbance to leave the facility, ensuring that persons removing
property from the facility are acting within appropriate policy
requirements, observing and reporting incidents or suspicious
activity to management and to public safety authorities as
appropriate, and responding to or reporting incidents of fire,
medical emergency, hazardous materials, and other incidents or
conditions following procedures established by the employer.
(g) "Registrant" means an individual registered with the bureau
under this chapter.
SECTION 1. Section 7574.01 of the
Business and Professions Code is amended to read:
7574.01. (a) For the purposes of this
chapter, the following terms shall have the following meanings:
(a)
(1) "Bureau" means the Bureau of Security and
Investigative Services.
(b)
(2) "Chief" means the Chief of the Bureau of Security
and Investigative Services.
(c)
(3) "Director" means the Director of Consumer Affairs,
unless the context indicates otherwise.
(d)
(4) "Person" includes any individual, firm, company,
association, organization, partnership, and corporation.
(e)
(5) "Proprietary private security employer" means a
person who has one or more employees who provide security services
for the employer and only for the employer. A person who employs
proprietary private security officers pursuant to this chapter at
more than one location shall be considered a single employer.
(f)
(6) "Proprietary private security officer" means an
unarmed individual who is employed exclusively by any one employer
whose primary duty is to provide security services for his or her
employer, whose services are not contracted to any other entity or
person, and who is not exempt pursuant to Section 7582.2, and who
meets both of the following criteria:
(1)
(A) Is required to wear a distinctive uniform clearly
identifying the individual as a security officer.
(2)
(B) Is likely to interact with the public while
performing his or her duties.
(g)
(7) "Registrant" means an individual registered with
the bureau under this chapter.
(b) This section shall remain in effect only until January 1,
2017, and as of that date is repealed.
SEC. 2. Section 7574.01 is added to the
Business and Professions Code , to read:
7574.01. (a) For the purposes of this chapter, the following
terms shall have the following meanings:
(1) "Bureau" means the Bureau of Security and Investigative
Services.
(2) "Chief" means the Chief of the Bureau of Security and
Investigative Services.
(3) "Director" means the Director of Consumer Affairs, unless the
context indicates otherwise.
(4) "Person" includes any individual, firm, company, association,
organization, partnership, and corporation.
(5) "Proprietary private security employer" means a person who has
one or more employees who provide security services for the employer
and only for the employer. A person who employs proprietary private
security officers pursuant to this chapter at more than one location
shall be considered a single employer.
(6) "Proprietary private security officer" means an unarmed
individual who is employed exclusively by any one employer whose
primary duty is to provide security services for his or her employer,
whose services are not contracted to any other entity or person, and
who meets either of the following criteria:
(A) Is required to wear a distinctive uniform or marked shirt or
jacket clearly identifying the individual as a security officer.
(B) Is likely to interact with the public while providing security
services.
(8) "Registrant" means an individual registered with the bureau
under this chapter.
(9) "Security services" are activities by a proprietary private
security officer for the protection of persons or property and
include, but are not limited to:
(A) Acting to prevent or deter unapproved or unlawful entry.
(B) Acting to prevent or deter criminal acts or disturbances.
(C) Acting to prevent or deter unlawful or inappropriate taking of
property.
(D) Reporting incidents of fire, medical emergency, and hazardous
materials, in accordance with the established procedures of the
employer and to public safety officials, as appropriate.
(E) Reporting incidents of activity that may cause harm to a
person or property in accordance with the employer's established
procedures and to public safety authorities, as appropriate.
(b) This section shall become operative on January 1, 2017.
SEC. 3. Section 7574.11 of the Business
and Professions Code is amended to read:
7574.11. (a) An applicant seeking registration as a proprietary
private security officer shall apply to the department on forms
provided by the department.
(b) An application for registration as a proprietary private
security officer shall include, but not be limited to, the following:
(1) Submission of fingerprints for submission to the Department of
Justice.
(A) The department shall submit to the Department of Justice
fingerprint images and related information required by the Department
of Justice for all proprietary private security officer registration
applicants, as defined by subdivision (f) of
Section 7574.01, for the purposes of obtaining information as to the
existence and content of a record of state or federal convictions and
state or federal arrests and also information as to the existence
and content of a record of state or federal arrests for which the
Department of Justice establishes that the person is free on bail or
on his or her own recognizance pending trial or appeal.
(B) When received, the Department of Justice shall forward to the
Federal Bureau of Investigation requests for federal summary criminal
history information received pursuant to this section. The
Department of Justice shall review the information returned from the
Federal Bureau of Investigation and compile and disseminate a
response to the department.
(C) The Department of Justice shall provide a state and federal
level response to the department pursuant to paragraph (1) of
subdivision (p) of Section 11105 of the Penal Code.
(D) The department shall request from the Department of Justice
subsequent arrest notification service, as provided pursuant to
Section 11105.2 of the Penal Code, for persons described in
subdivision (a).
(E) The Department of Justice shall charge a fee sufficient to
cover the cost of processing the request described in this section.
(2) A fee of fifty dollars ($50).
(c) Upon approval of an application for registration as a
proprietary private security officer by the director, the chief shall
cause to be issued to the applicant a registration card in a form
approved by the director. A registration card shall be valid for two
years from the date of issue.
(d) A person may work as a proprietary private security officer
pending receipt of the registration card if he or she has been
approved by the director and carries on his or her person a hard copy
printout of the bureau's approval from the bureau's Internet Web
site and either a valid driver's license issued pursuant to Section
12811 of the Vehicle Code or a valid identification card issued
pursuant to Section 13000 of the Vehicle Code.
(e) In the event of the loss or destruction of a registration
card, the registrant may apply to the bureau on a form provided by
the bureau for a certified replacement of the card, stating the
circumstances surrounding the loss, and pay a replacement fee of ten
dollars ($10), whereupon the bureau shall issue a replacement of the
card.
(f) A registered proprietary private security officer shall apply
for renewal biennially with the department on forms provided by the
department. The department shall charge a renewal fee of thirty-five
dollars ($35).
SEC. 4. Section 7574.14 of the Business
and Professions Code is amended to read:
7574.14. (a) This chapter shall not apply
to the following:
(a)
(1) 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 a calendar month.
(b)
(2) A person engaged exclusively in the business of
obtaining and furnishing information as to the financial rating of
persons.
(c)
(3) A charitable philanthropic society or association
incorporated under the laws of this state that is organized and duly
maintained for the public good and not for private profit.
(d)
(4) Patrol special police officers appointed by the
police commission of a 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.
(e)
(5) An attorney at law in performing his or her duties
as an attorney at law.
(f)
(6) 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.
(g)
(7) Admitted insurers and agents and insurance brokers
licensed by the state, performing duties in connection with insurance
transacted by them.
(h)
(8) A bank subject to the jurisdiction of the
Commissioner of Financial Institutions of the State of California
under Division 1 (commencing with Section 99) of the Financial Code
or the Comptroller of Currency of the United States.
(i)
(9) A person engaged solely in the business of securing
information about persons or property from public records.
(j)
(10) 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 a 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.
(k)
(11) 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 an unloaded and exposed handgun
unless he or she is exempted under the provisions of Article 2
(commencing with Section 26361) of Chapter 6 of Division 5 of Title 4
of Part 6 of the Penal Code, may not carry an unloaded firearm that
is not a handgun unless he or she is exempted under the provisions of
Article 2 (commencing with Section 26405) of Chapter 7 of Division 5
of Title 4 of Part 6 of the Penal Code, and may not carry a loaded
or concealed firearm unless he or she is exempted under the
provisions of Sections 25450 to 25475, inclusive, of the Penal Code
or Sections 25900 to 25910, inclusive, of the Penal Code or has met
the requirements set forth in subdivision (d) of Section 26030 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.
(l)
(12) A licensed insurance adjuster in performing his or
her duties within the scope of his or her license as an insurance
adjuster.
(m)
(13) A savings association subject to the jurisdiction
of the Commissioner of Financial Institutions or the Office of Thrift
Supervision.
(n)
(14) A secured creditor engaged in the repossession of
the creditor's collateral and a lessor engaged in the repossession of
leased property in which it claims an interest.
(o)
(15) 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.
(p)
(16) 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 a deadly weapon, as defined in
subdivision (a), (a) of Section 7582.2,
in the performance of his or her duties, which may include, but are
not limited to, the following business purposes:
(1)
(A) The screening and monitoring access of employees of
the same employer.
(2)
(B) The screening and monitoring access of prearranged
and preauthorized invited guests.
(3)
(C) The screening and monitoring of vendors and
suppliers.
(4)
(D) Patrolling the private property facilities for the
safety and welfare of all who have been legitimately authorized to
have access to the facility.
(q)
(17) An armored contract carrier operating armored
vehicles pursuant to the authority of the Department of the
California Highway Patrol or the Public Utilities Commission, or an
armored vehicle guard employed by an armored contract carrier.
(b) This section shall remain in effect only until January 1,
2017, and as of that date is repealed.
SEC. 5. Section 7574.14 is added to the
Business and Professions Code , to read:
7574.14. (a) This chapter shall not apply to the following:
(1) 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 a calendar month.
(2) A person engaged exclusively in the business of obtaining and
furnishing information as to the financial rating of persons.
(3) A charitable philanthropic society or association incorporated
under the laws of this state that is organized and duly maintained
for the public good and not for private profit.
(4) Patrol special police officers appointed by the police
commission of a city, county, or city and county under the express
terms of its charter who also under the express terms of the charter
(A) are subject to suspension or dismissal after a hearing on charges
duly filed with the commission after a fair and impartial trial, (B)
must be not less than 18 years of age nor more than 40 years of age,
(C) must possess physical qualifications prescribed by the
commission, and (D) 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.
(5) An attorney at law in performing his or her duties as an
attorney at law.
(6) 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.
(7) Admitted insurers and agents and insurance brokers licensed by
the state, performing duties in connection with insurance transacted
by them.
(8) A bank subject to the jurisdiction of the Commissioner of
Financial Institutions of the State of California under Division 1
(commencing with Section 99) of the Financial Code or the Comptroller
of Currency of the United States.
(9) A person engaged solely in the business of securing
information about persons or property from public records.
(10) 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 a 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.
(11) 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 an unloaded and exposed handgun unless he or
she is exempted under the provisions of Article 2 (commencing with
Section 26361) of Chapter 6 of Division 5 of Title 4 of Part 6 of the
Penal Code, may not carry an unloaded firearm that is not a handgun
unless he or she is exempted under the provisions of Article 2
(commencing with Section 26405) of Chapter 7 of Division 5 of Title 4
of Part 6 of the Penal Code, and may not carry a loaded or concealed
firearm unless he or she is exempted under the provisions of
Sections 25450 to 25475, inclusive, of the Penal Code or Sections
25900 to 25910, inclusive, of the Penal Code or has met the
requirements set forth in subdivision (d) of Section 26030 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.
(12) A licensed insurance adjuster in performing his or her duties
within the scope of his or her license as an insurance adjuster.
(13) A savings association subject to the jurisdiction of the
Commissioner of Financial Institutions or the Office of Thrift
Supervision.
(14) A secured creditor engaged in the repossession of the
creditor's collateral and a lessor engaged in the repossession of
leased property in which it claims an interest.
(15) 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.
(16) 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 a deadly weapon, as defined in subdivision (a) of
Section 7582.2, in the performance of his or her duties, which may
include, but are not limited to, the following business purposes:
(A) The screening and monitoring access of employees of the same
employer.
(B) The screening and monitoring access of prearranged and
preauthorized invited guests.
(C) The screening and monitoring of vendors and suppliers.
(D) Patrolling the private property facilities for the safety and
welfare of all who have been legitimately authorized to have access
to the facility.
(17) An armored contract carrier operating armored vehicles
pursuant to the authority of the Department of the California Highway
Patrol or the Public Utilities Commission, or an armored vehicle
guard employed by an armored contract carrier.
(18) An unarmed, plain clothed person employed by a retail store
to exclusively report or prevent theft from the retail store.
(b) This section shall become operative on January 1, 2017.
SEC. 2. SEC. 6. Section 201.3 of the
Labor Code is amended to read:
201.3. (a) For purposes of this section, the following
definitions apply:
(1) "Temporary services employer" means an employing unit that
contracts with clients or customers to supply workers to perform
services for the clients or customers and that performs all of the
following functions:
(A) Negotiates with clients and customers for matters such as the
time and place where the services are to be provided, the type of
work, the working conditions, and the quality and price of the
services.
(B) Determines assignments or reassignments of workers, even if
workers retain the right to refuse specific assignments.
(C) Retains the authority to assign or reassign a worker to
another client or customer when the worker is determined unacceptable
by a specific client or customer.
(D) Assigns or reassigns workers to perform services for clients
or customers.
(E) Sets the rate of pay of workers, whether or not through
negotiation.
(F) Pays workers from its own account or accounts.
(G) Retains the right to hire and terminate workers.
(2) "Temporary services employer" does not include any of the
following:
(A) A bona fide nonprofit organization that provides temporary
service employees to clients.
(B) A farm labor contractor, as defined in subdivision (b) of
Section 1682.
(C) A garment manufacturing employer, which, for purposes of this
section, has the same meaning as "contractor," as defined in
subdivision (d) of Section 2671.
(3) "Employing unit" has the same meaning as defined in Section
135 of the Unemployment Insurance Code.
(4) "Client" and "customer" means the person with whom a temporary
services employer has a contractual relationship to provide the
services of one or more individuals employed by the temporary
services employer.
(b) (1) (A) Except as provided in paragraphs (2) to (5),
inclusive, if an employee of a temporary services employer is
assigned to work for a client, that employee's wages are due and
payable no less frequently than weekly, regardless of when the
assignment ends, and wages for work performed during any calendar
week shall be due and payable not later than the regular payday
of the following calendar
week. A temporary services employer shall be deemed to have timely
paid wages upon completion of an assignment if wages are paid in
compliance with this subdivision.
(B) Except as provided in paragraphs (2) to (5), inclusive, if an
employee of a temporary services employer is employed
in the security services industry as
is a security officer who is registered
licensed pursuant to Chapter 11.5 (commencing with
Section 7580) of Division 3 of the Business and Professions Code, is
employed by a private patrol operator registered
licensed pursuant to that chapter, and is assigned to work
for a client, that employee's wages are due and payable no less
frequently than weekly, regardless of when the assignment ends, and
wages for work performed during any workweek, as defined under
Section 500, shall be due and payable not later than the regular
payday of the following workweek.
(2) If an employee of a temporary services employer is assigned to
work for a client on a day-to-day basis, that employee's wages are
due and payable at the end of each day, regardless of when the
assignment ends, if each of the following occurs:
(A) The employee reports to or assembles at the office of the
temporary services employer or other location.
(B) The employee is dispatched to a client's worksite each day and
returns to or reports to the office of the temporary services
employer or other location upon completion of the assignment.
(C) The employee's work is not executive, administrative, or
professional, as defined in the wage orders of the Industrial Welfare
Commission, and is not clerical.
(3) If an employee of a temporary services employer is assigned to
work for a client engaged in a trade dispute, that employee's wages
are due and payable at the end of each day, regardless of when the
assignment ends.
(4) If an employee of a temporary services employer is assigned to
work for a client and is discharged by the temporary services
employer or leasing employer, wages are due and payable as provided
in Section 201.
(5) If an employee of a temporary services employer is assigned to
work for a client and quits his or her employment with the temporary
services employer, wages are due and payable as provided in Section
202.
(6) If an employee of a temporary services employer is assigned to
work for a client for over 90 consecutive calendar days, this
section shall not apply unless the temporary services employer pays
the employee weekly in compliance with paragraph (1) of subdivision
(b).
(c) A temporary services employer who violates this section shall
be subject to the civil penalties provided for in Section 203, and to
any other penalties available at law.
(d) Nothing in this section shall be interpreted to limit any
rights or remedies otherwise available under state or federal law.
SEC. 3. SEC. 7. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.