BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   SB 194|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
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                                 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  
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             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  







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             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,  







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          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

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