Code Section Group

Business and Professions Code - BPC

DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.11]

  ( Heading of Division 3 added by Stats. 1939, Ch. 30. )

CHAPTER 11.4. Proprietary Security Services [7574 - 7576]

  ( Chapter 11.4 repealed (in Sec. 2) and added by Stats. 2009, Ch. 361, Sec. 2. )

ARTICLE 1. General [7574 - 7574.09]
  ( Article 1 added by Stats. 2009, Ch. 361, Sec. 2. )

7574.
  

This chapter may be cited as the Proprietary Security Services Act.

(Repealed (in Sec. 1) and added by Stats. 2009, Ch. 361, Sec. 2. (SB 741) Effective January 1, 2010. Section operative January 1, 2011, pursuant to Section 7574.08.)

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 both of the following criteria:

(1) Is required to wear a distinctive uniform clearly identifying the individual as a security officer.

(2) Is likely to interact with the public while performing his or her duties.

(g) “Registrant” means an individual registered with the bureau under this chapter.

(Added by Stats. 2009, Ch. 361, Sec. 2. (SB 741) Effective January 1, 2010. Section operative January 1, 2011, pursuant to Section 7574.08.)

7574.02.
  

The director shall administer and enforce the provisions of this chapter.

(Added by Stats. 2009, Ch. 361, Sec. 2. (SB 741) Effective January 1, 2010. Section operative January 1, 2011, pursuant to Section 7574.08.)

7574.03.
  

Every power granted or duty imposed upon the director under this chapter may be exercised or performed by any other officer or employee of the Department of Consumer Affairs as authorized by the director, however, the director shall have the supervision of and the responsibility for all powers and duties exercised by those officers and employees.

(Added by Stats. 2009, Ch. 361, Sec. 2. (SB 741) Effective January 1, 2010. Section operative January 1, 2011, pursuant to Section 7574.08.)

7574.04.
  

The director may, in accordance with the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code) and subject to the provisions of Section 159.5, appoint and fix the compensation of inspectors, investigators, and other personnel as may be necessary for the enforcement of this chapter.

(Added by Stats. 2009, Ch. 361, Sec. 2. (SB 741) Effective January 1, 2010. Section operative January 1, 2011, pursuant to Section 7574.08.)

7574.05.
  

The director may adopt regulations as necessary for the administration and enforcement of this chapter.

(Added by Stats. 2009, Ch. 361, Sec. 2. (SB 741) Effective January 1, 2010. Section operative January 1, 2011, pursuant to Section 7574.08.)

7574.06.
  

(a)  All fees and fines collected pursuant to this chapter shall be deposited in the Private Security Services Fund.

(b) All money derived from the registration and regulation of proprietary private security officers and proprietary private security employers registered under this chapter shall be expended exclusively on the registration and regulation of proprietary private security officers and proprietary private security employers.

(Added by Stats. 2009, Ch. 361, Sec. 2. (SB 741) Effective January 1, 2010. Section operative January 1, 2011, pursuant to Section 7574.08.)

7574.08.
  

This article shall become operative on January 1, 2011.

(Added by Stats. 2009, Ch. 361, Sec. 2. (SB 741) Effective January 1, 2010. Note: This section prescribes a delayed operative date for Article 1, commencing with Section 7574.)

7574.09.
  

It is the intent of the Legislature, consistent with Section 128.5 of the Business and Professions Code, that the bureau shall not maintain a reserve balance of funds greater than the amount necessary to fund operating expenses of the bureau and that the bureau shall periodically review fees pursuant to this chapter to evaluate the appropriateness of each fee and the regulatory costs associated with each fee.

(Added by Stats. 2017, Ch. 429, Sec. 25. (SB 547) Effective January 1, 2018.)

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