BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 194| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 194 Author: Maldonado (R) Amended: 5/25/05 Vote: 21 SENATE BUSINESS, PROF. & ECON. DEV. COMM. : 5-1, 4/25/05 AYES: Figueroa, Campbell, Florez, Murray, Simitian NOES: Aanestad NO VOTE RECORDED: Morrow SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 SUBJECT : Proprietary private security officers SOURCE : California Association of Licensed Security Agencies, Guards, and Associates DIGEST : This bill enacts the Proprietary Security Service Act which subjects persons meeting specified requirements to registration with the Bureau of Security and Investigative Services within the Department of Consumer Affairs. ANALYSIS : Existing law, the Private Security Services Act (Act): 1. Provides for the licensing and regulation of private patrol operators and the registration and regulation of security guards by the Bureau of Security and CONTINUED SB 194 Page 2 Investigative Services (Bureau) within the Department of Consumer Affairs (DCA). 2. Defines a private patrol operator (PPO) as a person who, for any consideration, furnishes a watchman, guard, patrol person or other person to protect persons or property. 3. Defines a security guard or security officer as an employee of a PPO whose job duties include protecting persons or property. 4. Specifies that to be eligible to apply for registration as a security guard a person must meet the following requirements: (a) be 18 or older, (b) undergo a criminal history background check through the Department of Justice (DOJ), and (c) complete specified training courses and pass an examination. 5. Requires registered security guards to complete 32 hours of security officer skills training. Additionally, requires eight hours of specifically dedicated review or practice of security officer skills annually. 6. Requires specified uniformed employees acting as a security guard or a patrol person and carrying a deadly weapon to register with the Bureau. 7. Exempts from the Act, peace officers in specified circumstances and guards employed exclusively and regularly by any employer who does not provide contract security services (known as proprietary guards), provided they do not carry or use any deadly weapon in the performance of their duties. 8. Authorizes the Director of DCA to adopt and enforce reasonable rules regarding persons employed by any lawful business as security guards or patrol persons. This bill: 1. Enacts the Proprietary Security Services Act. 2. Defines proprietary private security officer (PPSO) as SB 194 Page 3 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 meets both of the following criteria: (a) is required to wear a distinctive uniform clearly identifying the individual as a security officer, and (b) is likely to interact with the public while performing his/her duties. 3. Requires any person meeting the definition of a PPSO to register with DCA, subject to the adoption of reasonable rules by the Director of DCA which must include a criminal history background check through the DOJ and payment of an application fee. 4. Requires an employer wishing to employ a PPSO to register with DCA, subject to the adoption of reasonable rules by the Director. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT : (Verified 5/23/05) California Association of Licensed Security Agencies, Guards, and Associates (source) OPPOSITION : (Verified 5/23/05) California Retailers Association ARGUMENTS IN SUPPORT : According to the bill's sponsor, the California Association of Licensed Security Agencies, Guards, and Associates, this bill is common sense legislation that will close a long-standing loophole in state regulations that allows for the potential of convicted felons to be employed as security guards for private employers. The sponsor believes that requiring background checks and mandatory training for all uniformed security professionals will improve consumer protection and ensure public safety. The sponsor further states that California has made major strides in professionalizing private security, however, SB 194 Page 4 these positive changes do not apply to all security personnel, only those operating in a contract environment. This bill sets the same standard for all uniformed security guards. JJA:mel 5/24/05 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****