SB 609

Bill Subjects

Abstract

(1) The Private Investigator Act provides for the licensure and regulation of private investigators and requires the Bureau of Security and Investigative Services to consider, and authorizes the bureau to require, an applicant for licensure as a private investigator to submit proof of satisfactory completion of a course in professional ethics. That act authorizes the bureau to specify which courses and course providers satisfy the requirement if the bureau requires an applicant to submit proof of satisfactory completion of a course in professional ethics. This bill would require the bureau, if it requires an applicant to submit proof of satisfactory completion of a course in professional ethics, to both specify which courses and course providers satisfy the requirement and to make that information available on its internet website. (2) Existing law, the Private Security Services Act, a violation of which is a crime, provides for the regulation of private patrol operators by the Bureau of Security and Investigative Services within the Department of Consumer Affairs. Existing law requires a licensee to maintain an accurate and current record verifying that each of their employees has completed specified training related to security officer skills. Existing law requires that a licensee maintain the records for at least 2 years and make the records available to the bureau upon request. This bill would revise those provisions to, among other things, require that a security guard registrant maintain records verifying completion of certain required trainings, and to similarly maintain the certificate of completion of those trainings for at least 2 years from the date the trainings were completed and provide the bureau those records upon request. (3) Existing law requires a course provider to issue a certificate to a security guard upon satisfactory completion of a required course and permits a private patrol operator to provide additional training programs and courses. Existing law requires that the department develop and approve by regulation a standard course and curriculum for specified security officer skills training. Existing law authorizes those trainings to be administered, tested, and certified by any licensee or any organization or school approved by the department. This bill would instead require that a course provider issue a certificate of completion to a registrant after the registrant completes each training course, and would require each training course to meet certain requirements. This bill would require the bureau to develop and approve by regulation a standard course and curriculum for specified security officer skills training. This bill would authorize certain trainings to be administered, tested, and certified by a certified training facility or an organization or school approved by the bureau. This bill would require that the bureau approve any instructor of an organization or school who is used to administer those trainings. (4) Existing law prohibits an employee of a licensee who performs the function of a security guard or security patrolperson from being issued a registration card without first meeting specified requirements. Existing law requires that an employee who performs the function of a security guard or security patrolperson but is not registered with the bureau, upon accepting employment by a private patrol operator, complete and submit an application for registration, as specified. This bill would instead prohibit a licensee from permitting an employee to perform the functions of a security guard without certifying that the person holds a current and valid security guard registration. This bill would make conforming changes to that effect. (5) Existing law requires the licensee to maintain supplies of applications and fingerprint cards that must be provided by the bureau upon request. Existing law requires an employee, on the first day of employment and at the request of the client thereafter, to display to the client their registration card, as specified. This bill would delete those provisions. (6) Existing law requires that an application be verified and include specified information regarding, among other things, the employer's address and license number. This bill would modify the information required on that application by no longer requiring the employer's address and license number, and by requiring the application to include, among other things, the provider of the course in the exercise of the power to arrest. (7) Existing law requires a registration card to expire by a specified date, and establishes a process for a registrant to renew their registration. Existing law authorizes a registrant whose registration has been renewed but who has not yet received a renewed registration card by the time that their prior registration has expired to, for 90 days after the expiration of the card, continue to meet registration requirements by providing evidence of renewal. This bill would instead authorize a registrant to work as a security guard pending receipt of the renewed registration card if the renewed registration card has not been delivered to the registrant before the expiration of the prior registration, but the bureau has renewed the registration. (8) Existing law requires a firearm training facility, before allowing a person to participate in the course of training in the carrying and usage of firearms, to verify and certify that they have seen documentation verifying that the person is a United States citizen or possesses permanent legal alien status in the United States. This bill would require a firearms training facility to also verify and certify that they have seen the documentation specified above before allowing a person to participate in the requalification course in carrying and using a firearm. (9) Existing law provides for the licensure and regulation of locksmiths by the Bureau of Security and Investigative Services and requires an application for a locksmith license to be made in writing and filed with the Chief of the Bureau of Security and Investigative Services. This bill would delete the requirement that the application be made in writing. (10) The Alarm Company Act requires the Director of Consumer Affairs to issue a firearms permit to an applicant who is a licensee under the act, a qualified manager of a licensee, a designated branch officer of a licensee, or a registered alarm agent who meets specified requirements. The Private Security Services Act requires the bureau to issue a firearms permit to a licensee, a qualified manager of a licensee, or a registered security guard who meets specified requirements. The Private Investigator Act requires the bureau to issue a firearms permit to an applicant who is a licensee or a qualified manager of a licensee who meets specified requirements. Existing law prohibits the director from renewing a firearms qualification card unless specified requirements are met, including that the applicant has successfully passed a written examination. This bill would require an applicant for a firearms permit under the above-specified provisions to be at least 21 years of age. The bill would, on an ongoing basis, require an applicant for a firearms qualification card to produce evidence to the firearm training facility that the applicant is a citizen of the United States or has permanent legal alien status in the United States. (11) Existing law provides that the powers and duties of the Bureau of Security and Investigative Services under the Alarm Company Act, the Collateral Recovery Act, the Private Security Services Act, the Proprietary Security Services Act, the Private Investigator Act, and under the provisions regulating locksmiths are subject to review by the appropriate policy committees of the Legislature and requires the review to be performed as if the act were scheduled to be repealed as of January 1, 2020. This bill would revise that date to January 1, 2024. (12) Existing law establishes the Private Investigator Fund and directs money derived from the Private Investigator Act to be deposited into that fund and expended for purposes of the act upon appropriation by the Legislature. This bill would abolish that fund and direct money derived under the act to be deposited into the Private Security Services Fund. The bill would increase the amounts of various fees under the act, including the application and examination fee, the branch office certificate fee, the fee for an original private investigator license, the fee to obtain a certificate of licensure, and the reexamination fee for applicants and qualified managers. The bill would increase the processing fee for the assignment of a license. The bill would establish a fee of $25 for an endorsed verification for licensure, certification, or permit and would limit the reinstatement fee following a suspension to not more than 50% of the renewal fee. The bill would make the provisions revising fees operative on July 1, 2020. (13) This bill would make other conforming and nonsubstantive changes, including deleting obsolete provisions. (14) Because the bill would expand the scope of a crime under the Private Security Services Act, and by expanding the crime of perjury, 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.