AB 1042: 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, 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. The bill would revise one of the criteria, on and after January 1, 2017, to require the likelihood of interacting with the public while providing security services, as defined to include, among other things, acting to prevent or deter unapproved or unlawful entry.

The bill would also exempt, on and after January 1, 2017, from the act an unarmed person who is employed by a retailer of merchandise at a retail merchandise store to report or prevent theft from the store and who wears plain clothes or clothes with only the logo or business name of the retailer of merchandise. The bill would also exempt, on and after that date, an employee at an entertainment or sports venue, as specified, whose primary duties consist of screening guests and their personal items before venue entry, checking admission tickets, or directing guests, and seeking assistance from law enforcement or security personnel when that would be the ordinary and customary response of an employee under specified circumstances.

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 guards 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.