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AB-2780 Private security services.(2001-2002)

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Assembly Bill No. 2780
CHAPTER 884

An act to amend Section 7581 of, and to add Section 7583.46 to, the Business and Professions Code, relating to private security services.

[ Filed with Secretary of State  September 26, 2002. Approved by Governor  September 25, 2002. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2780, Corbett. Private security services.
Existing law provides for the regulation of private patrol operators by the Bureau of Security and Investigative Services in the Department of Consumer Affairs.
Existing law provides that the Director of Consumer Affairs may establish procedures so that certain public agencies may file charges with the director alleging that a registered person, or person who has applied for registration with the bureau, fails to meet registration standards.
This bill would allow any person in the state to file a complaint with the director alleging a registered person or a person who applied for registration with the bureau fails to meet registration or licensure standards. The bill would also require the bureau to issue a response to the charging or complaining party in accordance with established procedures.
This bill would also make it a violation of Section 1102.5 of the Labor Code for a private patrol operator to discharge, demote, threaten, or otherwise discriminate against an employee in the terms and conditions of his or her employment, because that employee has disclosed information to a government or law enforcement agency relating to conduct proscribed by this law. The bill would provide that a private patrol operator would be liable to the injured party in an action for damages if the private patrol operator intentionally violated these provisions. The bill would authorize a person who has been discharged or discriminated against to bring a claim against the private patrol operator within 3 years of the date of the discharge, demotion, threat, or discrimination. The bill would specify that neither the department nor the bureau would be responsible for resolving the claims.
The bill would incorporate additional changes in Section 7581 of the Business and Professions Code proposed by AB 248 to be operative only if AB 248 and this bill are enacted and become effective on or before January 1, 2003, and this bill is enacted last.

The people of the State of California do enact as follows:


SECTION 1.

 Section 7581 of the Business and Professions Code is amended to read:

7581.
 The director may adopt and enforce reasonable rules, as follows:
(a) Classifying licensees according to the type of business regulated by this chapter in which they are engaged, including, but not limited to, persons employed by any lawful business as security guards or patrolpersons, and armored contract carriers and limiting the field and scope of the operations of a licensee to those in which he or she is classified and qualified to engage.
(b) Fixing the qualifications of licensees and managers, in addition to those prescribed in this chapter, necessary to promote and protect the public welfare.
(c) Carrying out generally the provisions of this chapter, including regulation of the conduct of licensees.
(d) Establishing the qualifications that any person employed by a private patrol operator or any lawful business as a security guard or patrolperson, or employed by an armored contract carrier, must meet as a condition of becoming eligible to carry firearms pursuant to subdivision (d) of Section 12031 of the Penal Code.
(e) Requiring each uniformed employee of a private patrol operator and each armored vehicle guard, as defined in this chapter, and any other person employed and compensated by a private patrol operator or any lawful business as a security guard or patrolperson and who in the course of this employment carries a deadly weapon to be registered with the bureau upon application on a form prescribed by the director accompanied by the registration fee and by two classifiable sets of fingerprints of the applicant or its equivalent as determined by the director and approved by the Department of Justice, establishing the term of the registration for a period of not less than two nor more than four years, and providing for the renewal thereof upon proper application and payment of the renewal fee. The director may, after opportunity for a hearing, refuse this registration to any person who lacks good moral character, and may impose reasonable additional requirements as are necessary to meet local needs that are not inconsistent with the provisions of this chapter.
(f) Establishing procedures whereby the local authorities of any city, county, or city and county may file charges with, or any person in this state, may file a complaint with the director alleging that any licensed private patrol operator, registered security guard, or patrolperson, or anyone who is an applicant for registration or licensure with the bureau, fails to meet standards for registration or licensure, or violates any provision of this chapter, and providing further for the investigation of the charges and a response to the charging or complaining party in the manner described in subdivision (b) of Section 129.
(g) Requiring private patrol operators and any lawful business to maintain detailed records identifying all firearms in their possession or under their control, and the employees or persons authorized to carry or have access to those firearms.

SEC. 1.5.

 Section 7581 of the Business and Professions Code is amended to read:

7581.
 The director may adopt and enforce reasonable rules, as follows:
(a) Classifying licensees according to the type of business regulated by this chapter in which they are engaged, including, but not limited to, persons employed by any lawful business or a public agency as security guards or patrolpersons, and armored contract carriers and limiting the field and scope of the operations of a licensee to those in which he or she is classified and qualified to engage.
(b) Fixing the qualifications of licensees and managers, in addition to those prescribed in this chapter, necessary to promote and protect the public welfare.
(c) Carrying out generally the provisions of this chapter, including regulation of the conduct of licensees.
(d) Establishing the qualifications that any person employed by a private patrol operator, any lawful business, or a public agency as a security guard or patrolperson, or employed by an armored contract carrier, must meet as a condition of becoming eligible to carry firearms pursuant to subdivision (d) of Section 12031 of the Penal Code.
(e) Requiring each employee of a private patrol operator and each armored vehicle guard, as defined in this chapter, and any other person employed and compensated by a private patrol operator, any lawful business, or public agency as a security guard or patrolperson to be registered with the bureau upon application on a form prescribed by the director accompanied by the registration fee and by two classifiable sets of fingerprints of the applicant or its equivalent as determined by the director and approved by the Department of Justice, establishing the term of the registration for a period of not less than two nor more than four years, and providing for the renewal thereof upon proper application and payment of the renewal fee. The director may, after opportunity for a hearing, refuse this registration to any person who lacks good moral character, and may impose reasonable additional requirements as are necessary to meet local needs that are not inconsistent with the provisions of this chapter.
(f) Establishing procedures whereby the local authorities of any city, county, or city and county may file charges with, or any person in this state, may file a complaint with the director alleging that any licensed private patrol operator, registered security guard, or patrolperson, or anyone who is an applicant for registration or licensure with the bureau, fails to meet standards for registration or licensure, or violates any provision of this chapter, and providing further for the investigation of the charges and a response to the charging or complaining party in the manner described in subdivision (b) of Section 129.
(g) Requiring private patrol operators and any lawful business or public agency to maintain detailed records identifying all firearms in their possession or under their control, and the employees or persons authorized to carry or have access to those firearms.

SEC. 2.

 Section 7583.46 is added to the Business and Professions Code, to read:

7583.46.
 (a) (1) It shall be a violation of Section 1102.5 of the Labor Code for a private patrol operator to discharge, demote, threaten, or in any manner discriminate against an employee in the terms and conditions of his or her employment, for disclosing information or causing information to be disclosed, to a government or law enforcement agency, when the information is related to conduct proscribed in this chapter.
(2) A private patrol operator who intentionally violates this subdivision shall be liable in an action for damages brought against him or her by the injured party.
(b) A person who believes that he or she has been discharged, demoted, threatened, or in any other manner discriminated against in the terms and conditions of his or her employment, because that person disclosed or caused information to be disclosed to a government or law enforcement agency, may bring a claim against the private patrol operator within three years of the date of the discharge, demotion, threat, or discrimination.
(c) Neither the bureau nor the department is responsible for resolving claims under this section.

SEC. 3.

 Section 1.5 of this bill incorporates amendments to Section 7581 of the Business and Professions Code proposed by both this bill and AB 248. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2003, (2) each bill amends Section 7581 of the Business and Professions Code, and (3) this bill is enacted after AB 248, in which case Section 1 of this bill shall not become operative.