BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 194|
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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
CONTINUED
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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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