as amended, Hill.
begin deleteAlarm Companies: limited liability companies. end delete
Existing law, California Revised Uniform Limited Liability Company Act, authorizes a limited liability company to have any lawful purpose, except as specified, and authorizes a domestic or foreign limited liability company to render services that may be lawfully rendered only pursuant to a license, certificate, or registration authorized by the Business and Professions Code if the provisions of that code authorize a limited liability company or foreign limited liability company to hold that license, certificate, or registration.end delete
Existing law, the Alarm Company Act, provides for the licensure and regulation of alarm company operators by the Bureau of Security and Investigative Services within the Department of Consumer Affairs and makes a violation of the act a crime. Existing law, until January 1, 2016, authorizes an alarm company operator to conduct a business as a limited liability company if the alarm company operator holds a valid license issued to that exact same limited liability company. For purposes of the act, existing law, until January 1, 2016, defines a “licensee” to include a limited liability company.end delete
This bill would extend the operation of that definition provision to January 1, 2020. Because a violation of the act by a limited liability company would be a crime, the bill would impose a state-mandated local program.end delete
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.end delete
This bill would provide that no reimbursement is required by this act for a specified reason.end delete
Fiscal committee: yes.
State-mandated local program:
begin deleteyes end delete.
The people of the State of California do enact as follows:
Every licensee and qualified manager who in the course
6of his or her employment or business carries a deadly weapon shall
7complete a course of training in the exercise of the powers to arrest
8as specified in Section 7583.7 and a course of training in the
9carrying and use of firearms as specified in Article 4 (commencing
10with Section 7583) of Chapter 11.5. No licensee or qualified
11manager shall carry or use a firearm unless he or she has met the
12requirements of Sections 7583.23, 7583.28, and 7583.29 and has
13in his or her possession a valid firearms qualification card as
14provided in Section 7583.30. A licensee or qualified manager who
15possesses a valid firearms qualification card shall comply with
16and be subject to the provisions of Sections 7583.31, 7583.32, and
Any person registered as a security guard or
begin delete patrolpersonend delete shall deliver to the director a written report
14describing fully the circumstances surrounding any incident
15involving the discharge of any firearm in which he or she was
16involved while acting within the course and scope of his or her
17employment, within seven days after the incident. The report shall
18be made on a form prescribed by the director which shall include,
19but not be limited to, the following:
20(a) The name, address, and date of birth of the guard or
22(b) The registration number of the guard or patrolperson.
23(c) The firearm permit number and baton permit
number of the
24guard or patrolperson, if applicable.
25(d) The name of the employer of the person.
26(e) The description of any injuries and damages that occurred.
27(f) The identity of all participants in the incident.
28(g) Whether a police investigation was conducted relating to
30(h) The date and location of the incident. Any report may be
31investigated by the director to determine if any disciplinary action
33A copy of the report delivered to the director pursuant to this
34section shall also be delivered within seven days of the incident
35to the local police or sheriff’s department which has jurisdiction
36over the geographic area where the incident occurred.
(a) A person entering the employ of a licensee to
40perform the functions of a security guard or a security patrolperson
P7 1shall complete a course in the exercise of the power to arrest prior
2to being assigned to a duty location.
3(b) Except for a registrant who has completed the course of
4training required by Section 7583.45, a person registered pursuant
5to this chapter shall complete not less than 32 hours of training in
6security officer skills within six months from the date the
7registration card is issued. Sixteen of the 32 hours shall be
8completed within 30 days from the date the registration card is
10(c) A course provider shall issue a certificate to a
11upon satisfactory completion of a required course, conducted in
12accordance with the department’s requirements. A private patrol
13operator may provide training programs and courses in addition
14to the training required in this section. A registrant who is unable
15to provide his or her employing licensee the certificate of
16satisfactory completion required by this subdivision shall complete
1716 hours of the training required by subdivision (b) within 30 days
18of the date of his employment and shall complete the 16 remaining
19hours within six months of his or her employment date.
20(d) The department shall develop and approve by regulation a
21standard course and curriculum for the skills training required by
22subdivision (b) to promote and protect the safety of persons and
23the security of property. For this purpose, the department shall
24consult with consumers, labor organizations representing private
25security officers, private patrol operators, educators, and subject
27(e) The course of training required by subdivision (b) may be
28administered, tested, and certified by any licensee, or by any
29organization or school approved by the department. The department
30may approve any person or school to teach the course.
31(f) (1) On and after January 1, 2005, a licensee shall annually
32provide each employee registered pursuant to this chapter with
33eight hours of specifically dedicated review or practice of security
34officer skills prescribed in either course required in Section 7583.6
36(2) A licensee shall maintain at the principal place of business
37or branch office a record verifying completion of the review or
38practice training for a period of not less than two years. The records
39shall be available for inspection by the bureau upon request.
P8 1(g) This section does not apply to a peace officer as defined in
2Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2
3of the Penal Code who has successfully completed a course of
4study in the exercise of the power to arrest approved by the
5Commission on Peace Officer Standards and Training. This section
6 does not apply to armored vehicle
begin delete guards.end delete
8(h) This section shall become operative on July 1, 2004.end delete
(a) No employee of a licensee shall carry or use a
12firearm unless the employee has in his or her possession both of
14(1) A valid guard registration card issued pursuant to this
16(2) A valid firearm qualification card issued pursuant to this
18(b) An employee of a licensee may carry or use a firearm while
19working as a security guard or security patrolperson pending receipt
20of a firearm qualification card if he or she has been approved by
21the bureau and carries on his or her person a hardcopy printout of
22the bureau’s approval from the bureau’s Internet Web site and a
23valid picture identification.
24(c) In the event of the loss or destruction of the firearm
25qualification card, the cardholder may apply to the bureau for a
26certified replacement of the card, stating the circumstances
27surrounding the loss, and pay a ten-dollar ($10) certification fee,
28whereupon the bureau shall issue a certified replacement of the
30(d) Paragraph (2) of subdivision (a) and subdivision (b) shall
31not apply to a duly appointed peace officer, as defined in Chapter
324.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
33Code, who meets all of the following:
34(1) He or she has successfully completed a course of study in
35the use of firearms.
36(2) He or she is authorized to carry a concealed firearm in the
37course and scope of his or her employment pursuant to Article 2
38(commencing with Section 25450) of Chapter 2 of Division 5 of
39Title 4 of Part 6 of the Penal Code.
P9 1(3) He or she has proof that he or she has applied to the bureau
2for a firearm qualification card.
3(e) (1) This section shall not apply to a duly appointed peace
4officer, as defined in Chapter 4.5 (commencing with Section 830)
5of Title 3 of Part 2 of the Penal Code, who has written approval
6from his or her primary employer, as defined in paragraph (2) of
7subdivision (i) of Section 7583.9, to carry a firearm while working
8as a security guard or security officer.
10(2) A peace officer exempt under this subdivision shall carry
11on his or her person a letter of approval from his or her primary
12employer authorizing him or her to carry a firearm while working
13as a security guard or security officer.
(a) A licensee, qualified manager of a licensee, or
17security guard who, in the course of his or her employment, may
18be required to carry a firearm shall, prior to carrying a firearm, do
19both of the following:
20(1) Complete a course of training in the carrying and use of
22(2) Receive a firearms qualification card or be otherwise
23qualified to carry a firearm as provided in Section 7583.12.
24(b) A licensee shall not permit an employee to carry or use a
25loaded or unloaded firearm, whether or not it is serviceable or
26operative, unless the employee possesses a valid and current
27firearms qualification card issued by the bureau or is so otherwise
28qualified to carry a firearm as provided in Section 7583.12.
29(c) A pocket card issued by the bureau pursuant to Section
307582.13 may also serve as a firearms qualification card if so
31indicated on the face of the card.
32(d) Paragraph (1) of subdivision (a) shall not apply to a peace
33officer as defined in Chapter 4.5 (commencing with Section 830)
34of Title 3 of Part 2 of the Penal Code, who has successfully
35completed a course of study in the use of
begin delete firearms.end delete
37(e) This section shall become operative on January 1, 1998.end delete
The bureau shall issue a firearms permit when all of
2the following conditions are satisfied:
3(a) The applicant is a licensee, a qualified manager of a licensee,
4or a registered uniformed security guard.
5(b) A certified firearms training instructor has certified that the
6applicant has successfully completed a written examination
7prepared by the bureau and training course in the carrying and use
8of firearms approved by the bureau.
9(c) The applicant has filed with the bureau a classifiable
10fingerprint card, a completed application for a firearms permit on
11a form prescribed by the director, dated and signed by the applicant,
12certifying under penalty of perjury that the information in the
13application is true and correct.
14(d) The bureau has determined, after investigation, that the
15carrying and use of a firearm by the applicant, in the course of his
16or her duties, presents no apparent threat to the public safety, or
17that the carrying and use of a firearm by the applicant is not in
18violation of the Penal Code.
12 The applicant has produced evidence to the firearm training
13facility that he or she is a citizen of the United States or has
14permanent legal alien status in the United States. Evidence of
15citizenship or permanent legal alien status shall be that deemed
16sufficient by the bureau to ensure compliance with federal laws
17prohibiting possession of firearms by persons unlawfully in the
18United States and may include, but not be limited to, Department
19of Justice, Immigration and Naturalization Service Form I-151 or
20I-551, Alien Registration Receipt Card, naturalization documents,
21or birth certificates evidencing lawful residence or status in the
24 The application is accompanied by the application fees
25prescribed in this chapter.
(a) Any licensee, qualified manager, or a registered
29uniformed security guard who wishes to carry a baton in the
30performance of his or her duties, shall qualify to carry the weapon
31pursuant to Article 5 (commencing with Section 7585).
32(b) Subdivision (a) does not apply to a peace officer as defined
33in Chapter 4.5 (commencing with Section 830) of Title 3 of Part
342 of the Penal Code who has successfully completed a course of
35study in the use of
begin delete batons.end delete
Every agreement, including, but not limited to, lease
27agreements, monitoring agreements, and service agreements,
28including all labor, services, and materials to be provided for the
29installation of an alarm system, shall be in writing. All amendments
30subject to the provisions of this section to an initial agreement
31shall be in writing. Each initial agreement shall contain, but not
32be limited to, the following:
33(a) The name, business address, business telephone number,
34and license number of the licensed alarm company operator and
35the registration number of any alarm agent who solicited or
36negotiated the agreement.
37(b) The approximate dates when the work will begin and be
38 substantially completed.
39(c) A description of the work to be done, a description of the
40materials to be used, and the agreed consideration for the work.
P13 1(d) A disclosure that alarm company operators are licensed and
2regulated by the Bureau of Security and Investigative Services,
3Department of Consumer Affairs, Sacramento, CA, 95814.
4(e) A description of the alarm system including the major
5components thereof and services to be provided to the purchaser
6once the alarm is installed, including response or monitoring
7services, if any.
8(f) Other matters agreed to by the parties of the contract. The
9agreement shall be legible and shall be in a form as to clearly
10describe any other document which is to be incorporated into the
11contract, and, before any work is done, the client shall be furnished
12with a copy of the written agreement signed by the licensee.
13(g) A statement setting forth that upon completion of the
14installation of the alarm system, the alarm company shall
15thoroughly instruct the purchaser in the proper use of the alarm
17(h) In the event a mechanic’s lien is to be utilized, a
18notice-to-owner statement which shall describe, in nontechnical
19language and in a clear and coherent manner using words with
20common and everyday meaning, the pertinent provisions of this
21state’s mechanics’ lien laws and the rights and responsibilities of
22an owner of property and a contractor thereunder, including the
23provisions relating to the filing of a contract concerning a work of
24improvement with the county recorder and the recording in the
25office of a contractor’s payment bond for private work.
36 In addition to the above, every initial residential sales and
37lease agreement, the total cost which over the time period fixed
38by the agreement exceeds two hundred fifty dollars ($250),
39including the cost of all labor, service, or material to be provided
P14 1by the licensee for the installation, shall include, but not be limited
2to, the following:
3(1) A schedule of payments showing the amount of each
4payment as a sum in dollars and cents. This schedule of payments
5shall be referenced to the amount of work for services to be
6performed or to any materials or equipment to be supplied.
7(2) If the payment schedule contained in the agreement provides
8for a down payment to be paid to the licensee by the owner or the
9tenant before commencement of the work, that down payment
10shall not exceed one thousand dollars ($1,000) or 10 percent of
11the contract price, excluding finance charges, whichever is the
13(3) In no event shall the payment schedule provide that the
14licensee receive, nor shall the licensee actually receive, payment
15in excess of 100 percent of the value of the work performed on
16the project at any time, excluding finance charges, except that the
17licensee may receive an initial down payment authorized by
18paragraph (2). A failure by the licensee, without legal excuse, to
19substantially commence work within 20 days of the approximate
20date specified in the contract when work is to commence, shall
21postpone the next succeeding payment to the licensee for that
22period of time equivalent to the time between when substantial
23commencement was to have occurred and when it did occur.
24(4) A notice-to-owner statement which shall describe, in
25nontechnical language and in a clear and coherent manner using
26words with common and everyday meaning, the pertinent
27provisions of this state’s mechanics’ lien laws and the rights and
28responsibilities of an owner of property and a contractor thereunder,
29including the provisions relating to the filing of a contract
30concerning a work of improvement with the county recorder and
31the recording in the office of a contractor’s payment bond for
33(5) A description of what constitutes substantial commencement
34of work pursuant to the contract.
35(6) A disclosure that failure by the licensee, without legal
36excuse, to substantially commence work within 20 days from the
37approximate date specified in the agreement when the work will
38begin is a violation of the Alarm Company Act.
P15 1(7) A disclosure informing the buyer of any potential permit
2fees which may be required by local jurisdictions concerning the
3monitoring of an existing alarm system.
4(8) This section shall not be construed to prohibit the parties to
5a residential alarm system sale contract from agreeing to a contract
6or account subject to Chapter 1 (commencing with Section 1801)
7of Title 2 of Part 4 of Division 3 of the Civil Code.
8 A violation of this section or failure to commence work
9pursuant to paragraph (6) of subdivision
begin delete (h)end delete may result in a fine
10of one hundred dollars ($100) for the first violation and a
11 five hundred
begin delete dollarend delete ($500) begin delete fineend delete for each subsequent
All matter omitted in this version of the bill appears in the bill as introduced in the Senate, February 25, 2015. (JR11)