AB 2603: Private security services: private patrol operators.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-04-11
Existing law, the Private Security Services Act, a violation of which is a crime, provides for the licensing and regulation of private patrol operators by the Bureau of Security and Investigative Services in the Department of Consumer Affairs. The act requires a person registered pursuant to these provisions to complete a course of training in security officer skills that is administered, tested, and certified by any licensed private patrol operator, or by any organization or school approved by the department. The act authorizes the department to approve any person or school to teach the course.
This bill, instead, would authorize the department to approve any school to teach the course and would eliminate the authorization of an organization to administer, test, and certify that required training.The act requires an employee who performs the function of a security guard or security patrolperson who is not currently registered with the bureau, upon accepting employment by a private patrol operator, to complete an application for registration, as prescribed, that includes, among other things, the signature of the employee and the employers certification that the employee has received a course in the exercise of the power to arrest.This bill, instead, would require the signature of the applicant and the licensees or instructors certification that the applicant has received that course. The bill would make additional nonsubstantive changes to these provisions.The act requires the bureau to issue a firearms permit to a licensee, a qualified manager of a licensee, or a registered security guard if certain conditions are met, including that a certified firearms training instructor has certified that the applicant has successfully completed a written examination prepared by the bureau and training course in the carrying and use of firearms approved by the bureau.
This bill also would prohibit a certified firearms training instructor who maintains a firearms permit from self-certifying or requalifying himself or herself as having met that requirement. Because a violation of that prohibition would be a crime, the bill would impose a state-mandated local program. In order to recertify or requalify, the bill would require a firearms training instructor to attend an exposed firearm class or requalification by another certified firearms training instructor, and to successfully complete a written examination prepared by the bureau and a training course in the carrying and use of firearms approved by the bureau.
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.
Existing law, the Private Security Services Act, provides for the licensing and regulation of private patrol operators by the Bureau of Security and Investigative Services in the Department of Consumer Affairs. The act requires a person registered pursuant to these provisions to complete a course of training in security officer skills that is administered, tested, and certified by any licensed private patrol operator, or by any organization or school approved by the department. The act authorizes the department to approve any person or school to teach the course.
This bill, instead, would authorize the department to approve any school to teach the course and would eliminate the authorization of an organization to administer, test, and certify that required training.
The act requires an employee who performs the function of a security guard or security patrolperson who is not currently registered with the bureau, upon accepting employment by a private patrol operator, to complete an application for registration, as prescribed, that includes, among other things, the signature of the employee and the employers certification that the employee has received a course in the exercise of the power to arrest.
This bill, instead, would require the signature of the applicant and the licensees or instructors certification that the applicant has received that course. The bill would make additional nonsubstantive changes to these provisions.
The act requires the bureau to issue a firearms permit to a licensee, a qualified manager of a licensee, or a registered security guard if certain conditions are met, including that a certified firearms training instructor has certified that the applicant has successfully completed a written examination prepared by the bureau and training course in the carrying and use of firearms approved by the bureau.
This bill also would prohibit a certified firearms training instructor who maintains a firearms permit from self-certifying or requalifying himself or herself as having met that requirement. In order to recertify or requalify, the bill would require a firearms training instructor to attend an exposed firearm class or requalification by another certified firearms training instructor, and to successfully complete a written examination prepared by the bureau and a training course in the carrying and use of firearms approved by the bureau.
The Proprietary Security Services Act generally regulates the proprietary private security vocation. The act requires a proprietary private security officer to, among other things, register with the Department of Consumer Affairs.This bill would make a nonsubstantive change to that provision.The Proprietary Security Services Act generally regulates the proprietary private security vocation. The act requires a proprietary private security officer to, among other things, register with the Department of Consumer Affairs.
This bill would make a nonsubstantive change to that provision.
The bureau shall issue a firearms permit when all of the following conditions are satisfied:
(a)The applicant is a licensee, a qualified manager of a licensee, or a registered security guard subject to the following:
(1)The firearms permit may only be associated with the following:
(A)A sole owner of a sole ownership licensee, pursuant to Section 7582.7 or 7525.1. 7525.1 or 7582.7.
(B)A partner of a partnership licensee, pursuant to Section 7582.7 or 7525.1. 7525.1 or 7582.7.
(C)A qualified manager of a licensee, pursuant to Section 7536 or 7582.22.
(D)A security guard registrant.
(2)If the firearms permit is associated with a security guard registration, he or she is subject to the provisions of Section 7583.47, regardless of any other license possessed or associated with the firearms permit.
(b)(1)A certified firearms training instructor has certified that the applicant has successfully completed a written examination prepared by the bureau and training course in the carrying and use of firearms approved by the bureau.
(2)A certified firearms training instructor who maintains a firearms permit is prohibited from self-certifying or requalifying himself or herself as having successfully completed the exam and course described in paragraph (1). To recertify or requalify, a firearms training instructor shall attend an exposed firearm class or requalification by another certified firearms training instructor and successfully complete a written examination prepared by the bureau as well as a training course in the carrying and use of firearms approved by the bureau.
(c)The applicant has filed with the bureau a classifiable fingerprint card, a completed application for a firearms permit on a form prescribed by the director, dated and signed by the applicant, certifying under penalty of perjury that the information in the application is true and correct. In lieu of a classifiable fingerprint card, the applicant may submit fingerprints into an electronic fingerprinting system administered by the Department of Justice. An applicant who submits his or her fingerprints by electronic means shall have his or her fingerprints entered into the system through a terminal operated by a law enforcement agency or other facility authorized by the Department of Justice to conduct electronic fingerprinting. The terminal operator may charge a fee sufficient to reimburse it for the costs incurred in providing this service.
(d)The bureau has determined, after investigation, that the carrying and use of a firearm by the applicant, in the course of his or her duties, presents no apparent threat to the public safety, or that the carrying and use of a firearm by the applicant is not in violation of the Penal Code.
(e)The applicant has produced evidence to the firearm training facility 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 shall be 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, United States 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.
(f)The application is accompanied by the application fees prescribed in this chapter.
(g)Beginning January 1, 2018, or on a date to be determined by the bureau, but no later than July 1, 2018, the applicant is a registered security guard and he or she has been found capable of exercising appropriate judgment, restraint, and self-control, for the purposes of carrying and using a firearm during the course of his or her duties, pursuant to Section 7583.47.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(a)A person entering the employ of a licensee to perform the functions of a security guard or a security patrolperson shall complete a course in the exercise of the power to arrest prior to being assigned to a duty location.
(b)Except for a registrant who has completed the course of training required by Section 7583.45, a person registered pursuant to this chapter shall complete not less than 32 hours of training in security officer skills within six months from the date the registration card is issued. Sixteen of the 32 hours shall be completed within 30 days from the date the registration card is issued.
(c)A course provider shall issue a certificate to a security guard upon satisfactory completion of a required course, conducted in accordance with the departments requirements. A private patrol operator may provide training programs and courses in addition to the training required in this section. A registrant who is unable to provide his or her employing licensee the certificate of satisfactory completion required by this subdivision shall complete 16 hours of the training required by subdivision (b) within 30 days of the date of his or her employment and shall complete the 16 remaining hours within six months of his or her employment date.
(d)The department shall develop and approve by regulation a standard course and curriculum for the skills training required by subdivision (b) to promote and protect the safety of persons and the security of property. For this purpose, the department shall consult with consumers, labor organizations representing private security officers, private patrol operators, educators, and subject matter experts.
(e)The course of training required by subdivision (b) may be administered, tested, and certified by any licensee, or by any organization or by a school approved by the department. The department may approve any person or school to teach the course.
(f)(1)On and after January 1, 2005, a licensee shall annually provide each employee registered pursuant to this chapter with eight hours of specifically dedicated review or practice of security officer skills prescribed in either course required in Section 7583.6 or 7583.7.
(2)A licensee shall maintain at the principal place of business or branch office a record verifying completion of the review or practice training for a period of not less than two years. The records shall be available for inspection by the bureau upon request.
(g)This section does not apply to a peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code who has successfully completed a course of study in the exercise of the power to arrest approved by the Commission on Peace Officer Standards and Training, or a federal qualified law enforcement officer, as defined in Section 926B of Title 18 of the United States Code, who has successfully completed a course of study in the exercise of the power to arrest. This section does not apply to armored vehicle guards.
SEC. 2.Section 7583.10 of the Business and Professions Code is amended to read:7583.10.The application shall be verified and shall include all of the following:
(a)The full name, residence address, telephone number, and date of birth of the employee. applicant.
(b)The name, address, telephone number, and license number of the employer and the date the employment commenced.
(c)The signature of the employee applicant and the employers licensees or instructors certification that the employee applicant has received a course in the exercise of the power to arrest.
(d)A statement as to whether the employee applicant has been convicted of a misdemeanor, excluding minor traffic violations.
(e)A statement as to whether the employee applicant has been convicted of a felony.
(f)The application fee provided for in this chapter or the regulations adopted pursuant thereto, except as provided in Section 7583.9.
SEC. 3.Section 7583.23 of the Business and Professions Code is amended to read:7583.23.The bureau shall issue a firearms permit when all of the following conditions are satisfied:
(a)The applicant is a licensee, a qualified manager of a licensee, or a registered security guard subject to the following:
(1)The firearms permit may only be associated with the following:
(A)A sole owner of a sole ownership licensee, pursuant to Section 7582.7 or 7525.1.
(B)A partner of a partnership licensee, pursuant to Section 7582.7 or 7525.1.
(C)A qualified manager of a licensee, pursuant to Section 7536 or 7582.22.
(D)A security guard registrant.
(2)If the firearms permit is associated with a security guard registration, he or she is subject to the provisions of Section 7583.47, regardless of any other license possessed or associated with the firearms permit.
(b)(1)A certified firearms training instructor has certified that the applicant has successfully completed a written examination prepared by the bureau and training course in the carrying and use of firearms approved by the bureau.
(2)A certified firearms training instructor who maintains a firearms permit is prohibited from self-certifying or requalifying himself or herself as having successfully completed the exam and course described in paragraph (1). To recertify or requalify, a firearms training instructor shall attend an exposed firearm class or requalification by another certified firearms training instructor and successfully complete a written examination prepared by the bureau as well as a training course in the carrying and use of firearms approved by the bureau.
(c)The applicant has filed with the bureau a classifiable fingerprint card, a completed application for a firearms permit on a form prescribed by the director, dated and signed by the applicant, certifying under penalty of perjury that the information in the application is true and correct. In lieu of a classifiable fingerprint card, the applicant may submit fingerprints into an electronic fingerprinting system administered by the Department of Justice. An applicant who submits his or her fingerprints by electronic means shall have his or her fingerprints entered into the system through a terminal operated by a law enforcement agency or other facility authorized by the Department of Justice to conduct electronic fingerprinting. The terminal operator may charge a fee sufficient to reimburse it for the costs incurred in providing this service.
(d)The bureau has determined, after investigation, that the carrying and use of a firearm by the applicant, in the course of his or her duties, presents no apparent threat to the public safety, or that the carrying and use of a firearm by the applicant is not in violation of the Penal Code.
(e)The applicant has produced evidence to the firearm training facility 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 shall be 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, United States 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.
(f)The application is accompanied by the application fees prescribed in this chapter.
(g)Beginning January 1, 2018, or on a date to be determined by the bureau, but no later than July 1, 2018, the applicant is a registered security guard and he or she has been found capable of exercising appropriate judgment, restraint, and self-control, for the purposes of carrying and using a firearm during the course of his or her duties, pursuant to Section 7583.47.
SECTION 1.Section 7574.10 of the Business and Professions Code is amended to read:7574.10.A person shall not engage in the business of a proprietary private security officer unless registered with the department pursuant to this chapter.No person shall A person shall not engage in the business of a proprietary private security officer unless registered with the department pursuant to this chapter.
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Date
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Status
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| Jun 14, 2018 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Jun 7, 2018 | In committee: Hearing postponed by committee. |
| May 24, 2018 | Referred to Com. on B., P. & E.D. |
| May 10, 2018 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 10, 2018 | Read third time. Passed. Ordered to the Senate. |
| May 3, 2018 | Read second time. Ordered to Consent Calendar. |
| May 2, 2018 | From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (May 2). |
| Apr 17, 2018 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 16. Noes 0.) (April 17). Re-referred to Com. on APPR. |
| Apr 12, 2018 | Re-referred to Com. on B. & P. |
| Apr 11, 2018 | From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended. |
| Mar 19, 2018 | Re-referred to Com. on B. & P. |
| Mar 15, 2018 | Referred to Com. on B. & P. |
| Feb 16, 2018 | From printer. May be heard in committee March 18. |
| Feb 15, 2018 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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| May 10, 2018 | AB 2603 CUNNINGHAM Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
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| May 2, 2018 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
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| Apr 17, 2018 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Business and Professions |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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| California Association Of Licensed Security Agencies Guards Associates | * Support | Apr 17, 2018 |
Date of Hearing: May 2, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 2603
Author:(Cunningham) – As Amended Ver:April 11, 2018
Policy Committee: | Business and Professions | Vote: | 16 - 0 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill clarifies existing law regarding the issuance of a firearm permit to a firearms training instructor who is licensed by Bureau of Security and Investigative Services (BSIS) within the Department of Consumer Affairs (DCA). Specifically, this bill:
- Clarifies that a certified firearms training instructor who maintains a firearms permit is prohibited from self-certifying or requalifying themselves as having successfully completed the required exam and course.
- Requires a recertifying or requalifying firearms training instructor to attend an exposed firearm class or requalification by another certified firearms training instructor and successfully complete a written examination prepared by the BSIS as well as a training course in the carrying and use of firearms approved by the BSIS.
FISCAL EFFECT:
Negligible fiscal impact to BSIS.
COMMENTS:
- Purpose. This bill seeks to prohibit firearms training instructors from self-certifying for renewal of their firearms permit. The California Association of Licensed Security Agencies, Guards and Associates (CALSAGA), sponsor of this bill, states, “this common-sense change in the law will further ensure that firearms instructors are independently certified by fellow qualified instructors in the most up-to-date techniques and industry best practices.”
- Background. The BSIS regulates a number of professionals engaged in the private security industry, including private patrol operators (PPOs) who employ private security guards and security patrolpersons. Security guards employed by PPOs are authorized to carry firearms if they meet certain requirements for a firearms permit, which include a written examination, range qualification, and the completion of a firearms training course.
A certified firearms instructor must certify proof of completion of a firearms training course and passage of a written examination. To become a certified firearms instructor, applicants must pass a criminal history background check and hold a firearms instructor certificate. Firearms instructors must themselves also hold a firearms certificate. Both firearms permits and firearms instructor certificates must be renewed biennially.
Current law is silent regarding certified firearms training instructors recertifying their own requirements for renewal of their firearms permit. AB 2603 would clearly prohibit a certified firearms instructor from self-certifying or requalifying themselves as having successfully completed the required examination and course.
- Current Related Legislation. AB 2213 (Cooley), of this Legislative Session, would exempt a licensed private patrol officer or registered security guard or patrol person by BSIS who holds a valid firearms permit from requirements that the sale or delivery of ammunition be conducted by or processed through a licensed ammunition vendor. This bill, an urgency measure, is pending referral in the Senate.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: April 17, 2018
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Evan Low, Chair
ABPCA Bill Id:AB 2603
Author:(Cunningham) – As Amended Ver:March 15, 2018
SUBJECT: Private security services: private patrol operators.
SUMMARY: Expressly prohibits a certified firearms training instructor who maintains a firearms permit from self-certifying or requalifying himself or herself as having successfully completed the required exam and course, which is necessary for a security guard or patrolperson to carry a firearm.
EXISTING LAW:
- Establishes the Bureau of Security and Investigative Services (BSIS) within the Department of Consumer Affairs, which licenses and regulates the private security industry. (Business and Professions Code (BPC) §§ 7512 et seq.)
- Establishes the Private Security Services Act, which provides for the BSIS’s regulation of private patrol operators (PPOs) who employ private security guards and security patrolpersons. (BPC §§ 7583 et seq.)
- Requires all applicants for licensure as a private patrol operator to have at least one year of experience as a patrolperson, security guard, or watchman, or the equivalent thereof as determined by the Director of Consumer Affairs; additionally requires applicants to substantiate the exact details as to the character and nature of their qualifying experience with written certifications from their employer, subject to independent verification by the BSIS chief. (BPC § 7583.1)
- Requires all employees of a private patrol operator licensee who will perform the functions of a security guard or a security patrolperson to complete a course in the exercise of the power to arrest prior to being assigned to a duty location. (BPC § 7583.6)
- Requires the BSIS to issue a firearms permit to a private patrol operator licensee, a qualified manager of a licensee, or a registered security guard if certain conditions have been met, including certification by a certified firearms training instructor that the applicant has successfully completed a written examination prepared by the BSIS and training course in the carrying and use of firearms approved by the BSIS. (BPC § 7583.23)
THIS BILL:
- Clarifies that a certified firearms training instructor who maintains a firearms permit is prohibited from self-certifying or requalifying himself or herself as having successfully completed the required exam and course.
- Requires a recertifying or requalifying firearms training instructor to attend an exposed firearm class or requalification by another certified firearms training instructor and successfully complete a written examination prepared by the BSIS as well as a training course in the carrying and use of firearms approved by the BSIS.
FISCAL EFFECT: Unknown; this bill is keyed fiscal by the Legislative Counsel.
COMMENTS:
Purpose. This bill is sponsored by the California Association of Licensed Security Agencies, Guards & Associates (CALSAGA). According to the author:
The steps to obtain a firearms permit and firearms instructor certificate are necessarily rigorous to ensure public safety and quality instruction. This process, however, can be strengthened. While many instructors renewing their firearms permits recertify with another firearms instructor, some have reportedly been self-certifying the range qualification. When a firearms instructor goes to renew his or her firearms permit, it makes sense to require the certification be done by another certified firearms training instructor. This section we’re seeking to amend is specific to Department of Consumer Affairs, Bureau of Security and Investigative Services Certified Firearms Instructors. This is a separate certification issued by BSIS that you must have in order to administer the Firearms Qualification to security officers. This common-sense change in the law will further ensure that firearms instructors are independently certified by fellow qualified instructors in the most up-to-date techniques and industry best practices – knowledge they can then pass on to firearms permit applicants.
Background. The BSIS is responsible for regulating a number of professionals engaged in the private security industry. This includes private patrol operators, who employ private security guards and security patrolpersons. Security guards employed by PPOs are authorized to carry firearms if they meet certain requirements for a firearms permit, which include a written examination, range qualification, and the completion of a firearms training course.
Proof of having completed a firearms training course and passed a written examination must be certified by a certified firearms instructor. To become a certified firearms instructor, applicants must pass a criminal history background check and hold a firearms instructor certificate. Firearms instructors must themselves also hold a firearms certificate. Both firearms permits and firearms instructor certificates must be renewed biennially.
Currently, there is no express provision of statute stating that a certified firearms training instructor may not recertify their own requirements for renewal of their firearms permit. While there are no immediately identifiable instances of this having negative consequences, there is an arguably problematic lack of clarity in the law. AB 2603 would clearly prohibit a certified firearms instructor from self-certifying or requalifying himself or herself as having successfully completed the required examination and course.
Current Related Legislation. AB 2213 (Cooley) would exempt a licensed PPO or registered security guard who holds a valid firearms permit from requirements that the sale or delivery of ammunition be conducted by or processed through a licensed ammunition vendor.
ARGUMENTS IN SUPPORT:
The California Association of Licensed Security Agencies, Guards and Associates (CALSAGA) is the sponsor of this bill. CALSAGA describes itself as “the only trade association in California representing the private security industry.” CALSAGA argues that “this common-sense change in the law will further ensure that firearms instructors are independently certified by fellow qualified instructors in the most up-to-date techniques and industry best practices.”
ARGUMENTS IN OPPOSITION:
None on file.
REGISTERED SUPPORT:
California Association of Licensed Security Agencies, Guards and Associates (CALSAGA)
REGISTERED OPPOSITION:
None on file.
Analysis Prepared by: Robert Sumner / B. & P. / (916) 319-3301
Discussed in Hearing
2MIN
Assembly Standing Committee on Business and Professions
Bill Author
Bill Co-Author(s):