AB 1244

Bill Subjects

Abstract

(1) Existing law, the Private Investigator Act, provides for the licensure and regulation of private investigators by the Director of Consumer Affairs, and establishes the Bureau of Security and Investigative Services in the Department of Consumer Affairs to provide licensure and regulatory oversight under the act. Existing law makes a violation of the act a misdemeanor. Existing law requires the business of a licensee under the act to be operated under the direction, control, charge, or management of the licensee, if they are qualified, or the person who is qualified to act as the qualified manager, and establishes requirements for a qualified manager, including obtaining a qualification certificate from the bureau. This bill, on and after January 1, 2025, would require the holder of a qualified manager certificate who wishes to be associated with more than their own private investigator license to apply to the bureau for a qualified manager license, would require any person acting as a qualified manager of an additional private investigator license to hold a qualified manager license issued by the bureau, and would require the bureau to issue a qualified manager license to an applicant upon satisfaction of specified requirements. The bill would require the bureau to issue an enhanced photo identification card to a licensee who holds a qualified manager license upon the issuance, and with each biennial renewal, of a license. The bill would require the holder of a qualified manager certificate to post the certificate in a specified manner, would provide that a qualified manager license expires 2 years following the date of issuance, and would specify requirements for the renewal of a suspended qualified manager certificate and fees for reinstatement of a revoked qualified manager certificate. The bill would establish fees for the issuance and renewal of a qualified manager license, which would be deposited in the Private Security Services Fund. Existing law prohibits a licensee or qualified manager of a licensee from carrying or using a firearm unless the person has met specified requirements and possesses a valid firearms qualification card. Existing law establishes certain procedural requirements for the denial of a firearms qualification card on the basis of the results of an assessment, including requiring appeals of those denials to be in accordance with specified administrative adjudication procedures generally applicable to state agencies. This bill would delete those procedural requirements. Existing law requires the bureau to issue a firearms permit to an applicant who is a licensed private investigator or a qualified manager of a licensed private investigator and the firearms permit is associated with a qualified manager of a licensed private investigator, subject to specified conditions. This bill, on and after January 1, 2025, would also authorize the bureau to issue a firearms permit to a licensed private investigator or a qualified manager of a licensed private investigator if the firearms permit is associated with a qualified manager license. Existing law prohibits the bureau from issuing a firearms permit to a licensed private investigator or qualified manager of a licensed private investigator who, within the past 12 months, has been assessed and found incapable of exercising appropriate judgment, restraint, and self-control, as specified. This bill would delete that provision. Existing law authorizes an applicant who is denied a firearm permit renewal because the applicant is prohibited from possessing, receiving, purchasing, or owning a firearm permit to reapply for the permit after the prohibition expires, and requires the bureau to treat it as an initial application, as specified. This bill would delete that provision. Existing law requires the bureau to revoke a firearms permit if the Department of Justice notifies the bureau that the holder of the firearms permit is prohibited from possessing, receiving, or purchasing a firearm. Existing law requires the bureau to seek an emergency order against the holder of a firearms permit if the bureau determines the holder presents an undue hazard to public safety, as specified. This bill would instead authorize the bureau to revoke a firearms permit or seek an emergency order pursuant to those provisions. (2) Existing law, the Private Security Services Act, provides for the licensure and regulation of private patrol operators by the Director of Consumer Affairs, and provides for licensure and regulatory oversight of the act by the bureau. Existing law makes a violation of the act a misdemeanor. Existing law requires the business of each licensee to be operated under the direction of the licensee, if they are qualified, or the person who is qualified to act as the licensee's manager, if the licensee is not qualified. Existing law establishes prescribed requirements for a qualified manager, including demonstrating their qualifications by examination, if required by the director. This bill, on and after January 1, 2025, would require the director to issue a qualified manager certificate to a person who meets those qualifications. The bill would establish requirements for posting a qualified manager certificate, would provide that a qualified manager certificate expires 2 years from the date of issuance, and would establish requirements for renewal of a qualified manager certificate and fees for reinstatement of a revoked qualified manager certificate. The bill would establish initial application, examination, renewal, and delinquency fees for a qualified manager certificate, which would be deposited in the Private Security Services Fund. Existing law requires an applicant for a license as a private patrol operator or their manager to have at least one year of experience as a patrolperson, guard, or watchman, or the equivalent, as specified. This bill would instead require an applicant or their manager to have at least 2 years of experience as a patrolperson, guard, or watchman, or equivalent, as specified, and one year, as specified, as a manager or in an administrative position with a licensed and current private patrol operator. This bill would make other related and conforming changes. (3) Because the bill would expand the scope of a crime under the Private Investigator Act and the Private Security Services Act, 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.