BILL NUMBER: AB 759 AMENDED
BILL TEXT
AMENDED IN SENATE JANUARY 6, 2014
AMENDED IN ASSEMBLY MAY 6, 2013
AMENDED IN ASSEMBLY APRIL 18, 2013
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Daly
FEBRUARY 21, 2013
An act to amend Sections 7570, 7574.14, 7580.6, 7580.12,
7581, 7581.1, 7581.3, 7582.05, 7582.1, 7582.11, 7582.13, 7582.2,
7582.20, 7582.22, 7582.26, 7582.27, 7582.3, 7582.5, 7582.9, 7583,
7583.1, 7583.2, 7583.21, 7583.38, 7583.39, 7583.42, 7583.46, 7583.6,
7583.7, 7583.9, 7586, 7588, and 7590.3 of, to amend the heading of
Article 4 (commencing with Section 7583) of Chapter 11.5 of Division
3 of, and to repeal and add Section 7580.2 of, the Business and
Professions Code, to amend Section 53069.8 of the Government Code, to
amend Section 512 of the Labor Code, to amend Sections 11105.4 and
22835 of the Penal Code, and to amend Sections 120220.5 and 125220 of
the Public Utilities Code, relating to private patrol operators
Section 6980.12 of the Business and Professions Code,
relating to alarm companies, and declaring the urgency thereof, to
take effect immediately .
LEGISLATIVE COUNSEL'S DIGEST
AB 759, as amended, Daly. Private patrol operators.
Alarm companies.
Existing law provides for the licensure and regulation of
locksmiths and the registration of employees of locksmiths by the
Bureau of Security and Investigative Services in the Department of
Consumer Affairs. Existing law exempts from that regulation and
licensure or registration certain individuals and practices,
including, among others, a person registered with the bureau as an
employee of a repossessor, if the duties of the person that
constitute locksmithing are ancilliary to the primary duties and
functions of the person's position. Existing law also provides for
the licensure and regulation of alarm company operators and the
registration of employees of alarm companies by the bureau.
This bill would expand the exemption from licensure as a locksmith
or registration as an employee of a locksmith to include a person
registered with the bureau as an employee of an alarm company
operator if the duties of the person that constitute locksmithing are
ancilliary to the primary duties and functions of the person's
position.
This bill would declare that it is to take effect immediately as
an urgency statute.
Existing law generally regulates private security services,
including, among other things, requiring the licensing of private
patrol operators, as defined, and imposing various restrictions and
obligations on private patrol operators, as specified.
This bill would replace the term private patrol operator with the
term private security contractor for these purposes. The bill would
make related, conforming changes. The bill would additionally provide
that for those purposes, the term "security officer" includes the
terms "security guard," "guard," "patrolperson," and "watchman."
Existing law requires the Chief of the Bureau of Security and
Investigative Services to issue a license, the form and content of
which shall be determined by the chief, as specified, to any private
patrol operator licensee, as specified.
This bill would require the bureau to post these licenses on the
bureau's Internet Web site and would provide that the license is
effective upon posting on the Internet Web site.
Existing law requires any advertisement by a private patrol
operator to contain specified information, and defines "advertisement"
for those purposes.
This bill would include within the definition of "advertisement"
for those purposes, an Internet Web site and social media, as
defined.
Existing law establishes certain criteria to be met in order for a
person to become a qualified manager of a private patrol operator.
This bill would add to those criteria the requirements that the
person has 2080 hours of experience as a security guard or an
equivalent amount of military experience, as specified, is currently
registered as a security guard, and has 2080 hours of experience as a
manager of a private patrol operator. The bill would provide that a
qualified manager may not be employed as a qualified manager by more
than 5 corporations or other business entities simultaneously.
Existing law prohibits a private patrol operator or officer,
director, partner, manager, or employee of a private patrol operator
from using or wearing a badge, except while engaged in guard or
patrol work and while wearing a distinctive uniform, with specified
patches.
This bill would provide that the distinctive uniform for those
purposes may consist of a police style uniform. The bill would also
provide that a private security contractor or officer, director,
partner, manager, or employee of a private security contractor, who
is unarmed, may wear a business suit, blazer, or polo shirt provided
that the person also displays a company issued photo identification
designating the person's name, employing company, and employee
number, in lieu of specified badge and uniform patch requirements.
Existing law provides that the Director of Consumer Affairs may
require an applicant for a private patrol operator license, or his or
her manager, to demonstrate his or her qualifications by a written
or oral examination, or a combination of both.
This bill would provide that the examination results would be
valid for no more than 7 years after expiration of the license,
unless reauthorized by the bureau.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6980.12 of the
Business and Professions Code is amended to read:
6980.12. This chapter does not apply to the following persons:
(a) Any person, or his or her agent or employee, who is the
manufacturer of a product, other than locks and keys, and who
installs, repairs, opens, or modifies locks or who makes keys for the
locks of that product as a normal incident to its marketing.
(b) Employees who are industrial or institutional locksmiths,
provided that the employees provide locksmith services only to a
single employer that does not provide locksmith services for hire to
the public for any consideration or compensation whatsoever.
(c) Tow truck operators who do not originate keys for locks and
whose locksmith services are limited to opening motor vehicles.
(d) Any person employed exclusively and regularly by a state
correctional institution, or other state or federal agency, and who
does not provide locksmith services for hire to the public for any
consideration or compensation whatsoever.
(e) Any person registered with the bureau pursuant to Chapter 11
(commencing with Section 7500) or Chapter 11.6 (commencing with
Section 7590) if the duties of that person's position that
constitute locksmithing are ancillary to the primary duties and
functions of that person's position.
(f) Any agent or employee of a retail establishment that has a
primary business other than providing locksmith services, providing
all of the following criteria are met:
(1) The services provided by the retail establishment are limited
to rekeying and recombination of locks.
(2) All rekeying, recombination, and installation of locks must
take place on the premises of the retail establishment.
(3) All rekeying, recombination, and installation services
provided by the retail establishment subject to this chapter are
limited to locks purchased on the retail establishment's premises and
are conducted prior to purchasers taking possession of the locks.
(4) No unlicensed agent or employee of the retail establishment
shall advertise or represent himself or herself to be licensed under
this chapter, and no agent or employee of the retail establishment
shall advertise or represent himself or herself to be a locksmith.
(5) No agent or employee of the retail establishment shall design
or implement a master key system, as defined in subdivision (o) of
Section 6980.
(6) No agent or employee of the retail establishment shall rekey,
change the combination of, alter, or install any automotive locks.
(7) The retail establishment shall not have on its premises any
locksmith tool, as defined in subdivision (s) of Section 6980, other
than the following:
(A) Standard key duplication machines.
(B) Key blanks.
(C) Pin kits.
(g) Any law enforcement officer employed by any city, county, city
and county, state, or federal law enforcement agency, if all
services are performed during the course of the officer's
professional duties.
(h) Firefighters or emergency medical personnel employed by any
city, county, city and county, district, or state agency, if all
services are performed during the course of duties as a firefighter
or emergency medical person.
(i) A new motor vehicle dealer, as defined in Section 426 of the
Vehicle Code, and employees of a new motor vehicle dealer acting
within the scope of employment at a dealership.
SEC. 2. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to assure prompt access to, and the ability to promptly
secure, residential and business properties using alarm systems with
automated locking features, it is necessary that this act take effect
immediately. All matter omitted in this version of the bill
appears in the bill as amended in the Assembly, May 6, 2013. (JR11)