Amended in Assembly September 3, 2015

Amended in Assembly August 31, 2015

Amended in Assembly July 14, 2015

Amended in Assembly July 1, 2015

Amended in Senate June 1, 2015

Amended in Senate April 22, 2015

Senate BillNo. 468


Introduced by Senator Hill

February 25, 2015


An act to amend Sections 7507.6, 7508.1, 7508.2, 7508.3, 7508.4, 7508.6, 7542, 7563, 7566, 7583.4, 7583.6, 7583.12, 7583.22, 7583.23, 7583.24, 7583.25, 7583.29, 7583.32, 7583.33, 7587.8, 7587.9, 7587.10, 7587.12, 7587.14, 7597.1, 7597.2, 7597.3, 7597.5, 7597.6, 7598.51, 7598.53, 7599.32, 7599.33, 7599.34, 7599.36, 7599.37, 7599.38, 7599.40, 7599.41, 7599.42, 7599.44, 7599.45, 7599.54, and 7599.59 of, to add Sections 7583.47 and 7585.4.1 to, to add Article 10 (commencing with Section 6981) to Chapter 8.5 of, to add Article 12 (commencing with Section 7511.5) to Chapter 11 of, to add Article 8 (commencing with Section 7573.5) to Chapter 11.3 of, to add Article 6 (commencing with Section 7576) to Chapter 11.4 of, to add Article 9 (commencing with Section 7588.8) to Chapter 11.5 of, and to add Article 15 (commencing with Section 7599.80) to Chapter 11.6 of, Division 3 of, the Business and Professions Code, relating to professions and vocations.

LEGISLATIVE COUNSEL’S DIGEST

SB 468, as amended, Hill. Bureau of Security and Investigative Services: licensees.

(1) Existing law provides for the regulation, by the Bureau of Security and Investigative Services, of locksmiths and the employees of locksmiths, repossessors, private investigators, private patrol operators, armored contract carriers, firearms and baton training facilities, and employees of those licensees, alarm company operators and alarm agents, and proprietary security services.

This bill would subject the bureau to review by the appropriate policy committees of the Legislature.

(2) Existing law, the Collateral Recovery Act, provides for the licensure and regulation of repossession agencies by the Bureau of Security and Investigative Services and prohibits the use of an alias in connection with the official activities of a licensed repossession agency’s business. The act requires a notice to be mailed to the Chief of the Bureau of Security and Investigative Services within 7 days after the occurrence of a violent act or a threatened violent act involving a licensee or its employees while acting in the scope of his or her employment, as specified.

This bill would instead prohibit the use of a business name other than the name of a licensed repossession agency in connection with the official activities of the licensee’s business. This bill would remove the notice requirement, described above, where there was a threatened act of violence, as specified.

(3) Existing law prohibits a licensed private investigator and qualified manager who, in the course of his or her employment or business, carries a deadly weapon to carry or use a firearm unless he or she has in his or her possession a valid firearms qualification card and requires the licensed private investigator and qualified manager to comply with, and be subject to, specified provisions. Under existing law, a firearms qualification card does not authorize the holder of the card to carry a firearm capable of being concealed upon the person in a concealed manner, as specified.

This bill would authorize those licensed private investigators and qualified managers who possess a valid firearms qualification card to also carry a concealed firearm if they satisfy specified conditions. The bill would also require, if a firearms qualification card is denied, the denial to be in writing and include the basis for the denial.

(4) The Alarm Company Act requires that specified agreements entered into by an alarm company pertaining to alarm systems, including, among others, lease agreements, monitoring agreements, service agreements, and installation agreements, be in writing and to include specified items.

This bill would additionally require all initial residential sales and lease agreements that contain an automatic renewal provision to disclose that the agreement contains an automatic renewal provision, as provided.

(5) The Private Security Services Act provides, among other matters, for the licensure and regulation of private patrol operators by the Bureau of Security and Investigative Services within the Department of Consumer Affairs and makes a violation of its provisions a crime. Under existing law, a person required to be registered as a security guard must report to his or her employer, within 24 hours of the incident, the circumstances surrounding the discharge of any firearm in which he or she is involved while acting within the course and scope of his or her employment. Existing law also requires a person registered as a security or patrolperson to deliver to the Director of Consumer Affairs and to local law enforcement a written report describing the circumstances surrounding the discharge of a firearm in which he or she was involved while acting within the course of his or her employment, within 7 days of the incident.

This bill would additionally impose the reporting duties upon the employer of the security guard or patrolperson.

(6) Existing law requires security guards, security patrolpersons, persons employed by private patrol operators and armored contract carriers, and registered uniform security guards to complete specified courses, acquire specified licenses, and be subject to specified provisions relating to their duties and relating to the carrying and use of a firearm or baton, as provided.

This bill would exempt from those provisions a federal qualified law enforcement officer, as defined.

(7) Existing law provides that any institution, firm, or individual wishing the approval of the Bureau of Security and Investigative Services to offer the firearms course must complete an application for certification as a firearms training facility, as specified.

This bill would require the bureau, within 120 days after issuance of a “Firearms Training Facility Certificate,” to inspect the facility for compliance with the specified requirements. The bill would authorize the bureau to inspect the facility prior to the issuance of a certificate. The bill would also require the bureau to maintain a program of random and targeted inspections of facilities to ensure compliance with applicable laws relating to the conduct and operation of facilities, and to inform facilities when the bureau determines that the facility is not in compliance with the above-mentioned laws.

(8) Existing law requires the Bureau of Security and Investigative Services to issue a firearms permit to a private patrol operator when specified conditions are satisfied, including that the bureau has determined, after investigation, that the carrying and use of a firearm by the applicant, in the course of his or her duties, presents no apparent threat to the public safety.

This bill would, beginning July 1, 2017, require specified applicants for a firearms permit or the renewal of a firearms permit to complete a psychological assessment to determine whether or not the applicant, as the point in time of the assessment, is capable of exercising appropriate judgment, restraint, and self-control for the purposes of carrying and using a firearm during the course of his or her duties, as provided. This bill would prohibit the bureau from issuing or renewing a firearms permit to an applicant who has been deemed by a licensed psychologist as not being capable of exercising appropriate judgment, restraint, and self-control for the purposes of carrying and using a firearm during the course of his or her duties, at the time of evaluation. This bill would prohibit the applicant from reapplying for a permit for one year from the date of denial and would not provide for a review or hearing of a denial based on the assessment. The bill would authorize the bureau to decide whether an applicant be administered an additional evaluation after the discharge of a firearm, as described.

(9) The Collateral Recovery Act, the Private Investigator Act, the Private Security Services Act, and the Alarm Company Act impose, or authorize the imposition of, various fines and civil penalties, or suspend various licenses or permits issued pursuant to those acts, for violations of specified provisions of those acts.

This bill would revise specified fine amounts, civil penalty amounts, and suspensions for violations of specified provisions of the Collateral Recovery Act, the Private Investigator Act, the Private Security Services Act, and the Alarm Companybegin delete Act.end deletebegin insert Act, and would include conforming changes to specified fine and penalty provisions in the Alarm Company Act that were made by Chapter 140 of the Statutes of 2015 and that go into effect January 1, 2016.end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P5    1

SECTION 1.  

Article 10 (commencing with Section 6981) is
2added to Chapter 8.5 of Division 3 of the Business and Professions
3Code
, to read:

4 

5Article 10.  Review
6

 

7

6981.  

Notwithstanding any other law, the powers and duties
8of the bureau, as set forth in this chapter, shall be subject to review
9by the appropriate policy committees of the Legislature. The review
10shall be performed as if this chapter were scheduled to be repealed
11as of January 1, 2020.

12

SEC. 2.  

Section 7507.6 of the Business and Professions Code
13 is amended to read:

14

7507.6.  

(a) Within seven days after a violent act has occurred
15involving a licensee, or any officer, partner, qualified certificate
16holder, registrant or employee of a licensee, while acting within
17the course and scope of his or her employment or contract, that
18results in a police report or bodily harm or bodily injury, the
19licensee or the licensee’s qualified certificate holder or registrant,
20shall mail or deliver to the chief a notice concerning the incident
21upon a form provided by the bureau.

22(b) Within seven days after the occurrence of a violent act
23involving a licensee, or any officer, partner, qualified certificate
24holder, registrant, or employee of a licensee while acting within
25the course and scope of his or her employment or contract, that
26results in a police report or bodily harm or bodily injury, the
27licensee or the licensee’s qualified certificate holder or registrant
28shall send by certified mail, return receipt requested, a notice
29containing information about the incident to the person or
30individual who made the assignment. If the assignor is not the
31legal owner, the assignor shall notify the legal owner of the
32contents of the notice.

33(c) A licensee, qualified certificate holder, or registrant may
34send the notice set forth in subdivision (b) for a violent act or
35threatened violent act even if a police report is not made or no
P6    1bodily harm or bodily injury occurs. Any notice of a threatened
2violent act provided pursuant to subdivision (b) may only be used
3to notify a subsequent assignee and not for any collateral purpose.
4Nothing in this subdivision shall be construed to provide immunity
5against any claim for defamation.

6

SEC. 3.  

Section 7508.1 of the Business and Professions Code
7 is amended to read:

8

7508.1.  

The director may assess administrative fines for the
9following prohibited acts:

10(a) Knowingly making any false report to his or her employer
11or client for whom information was being obtained. The fine shall
12be one hundred dollars ($100) for the first violation and five
13hundred dollars ($500) for each violation thereafter.

14(b) Using any identification to indicate registration as a
15repossessor, other than the bureau-issued registration card, except
16an employer identification card issued by the repossession agency
17which has met bureau approval, or a badge, cap insignia, or jacket
18patch as provided in Section 7508.8. A bureau-issued registration
19card shall be carried by those individuals specified by Section
207506.3, and shall be shown on demand to any bureau employee
21or law enforcement officer. The fine shall be one hundred dollars
22($100) for each violation.

23(c) Using a business name other than the name under which the
24license is issued in connection with the official activities of the
25licensee’s business. The bureau shall issue a notice of warning for
26a first violation, a fine of one hundred dollars ($100) for the second
27violation, and a fine not to exceed two hundred fifty dollars ($250)
28for each violation thereafter.

29(d) Appearing as an assignee party in any court proceeding
30involving claim and delivery, replevin, or other possessory court
31action, action to foreclose a chattel mortgage, mechanic’s lien,
32materialman’s lien, or any other lien. This section shall not prohibit
33a licensee from appearing as a defendant in any of the preceding
34actions. The fine shall be one hundred dollars ($100) for each
35violation.

36

SEC. 4.  

Section 7508.2 of the Business and Professions Code
37 is amended to read:

38

7508.2.  

The director may assess administrative fines for any
39of the following prohibited acts:

P7    1(a) Recovering collateral or making any money demand in lieu
2thereof, including, but not limited to, collateral registered under
3the Vehicle Code, that has been sold under a security agreement
4before a signed or telegraphic authorization has been received from
5the legal owner, debtor, lienholder, lessor, or repossession agency
6acting on behalf of the legal owner, debtor, lienholder, or lessor
7of the collateral. A telephonic assignment is acceptable if the legal
8owner, debtor, lienholder, lessor, or repossession agency acting
9on behalf of the legal owner, debtor, lienholder, or lessor is known
10to the licensee and a written authorization from the legal owner,
11debtor, lienholder, lessor, or repossession agency acting on behalf
12of the legal owner, debtor, lienholder, or lessor is received by the
13licensee within 10 working days or a request by the licensee for a
14written authorization from the legal owner, debtor, lienholder,
15lessor, or repossession agency acting on behalf of the legal owner,
16debtor, lienholder, or lessor is made in writing within 10 working
17days. Referrals of assignments from one licensee to another
18licensee are acceptable. The referral of an assignment shall be
19made under the same terms and conditions as in the original
20assignment. The fine shall be one hundred dollars ($100) for the
21first violation and five hundred dollars ($500) for each violation
22thereafter, per audit.

23(b) Using collateral or personal effects, which have been
24recovered, for the personal benefit of a licensee, or officer, partner,
25manager, registrant, or employee of a licensee. The fine shall be
26two hundred fifty dollars ($250) for the first violation and a fine
27not to exceed one thousand dollars ($1,000) for each violation
28thereafter. This subdivision does not apply to personal effects
29disposed of pursuant to subdivision (c) of Section 7507.9. Nothing
30in this subdivision prohibits the using or taking of personal property
31connected, adjoined, or affixed to the collateral through an
32unbroken sequence if that use or taking is reasonably necessary to
33effectuate the recovery in a safe manner or to protect the collateral
34or personal effects.

35(c) Selling collateral recovered under this chapter, or making a
36demand for payment in lieu of repossession. The fine shall be two
37hundred fifty dollars ($250) for the first violation and a fine not
38to exceed one thousand dollars ($1,000) for each subsequent
39violation.

P8    1(d) Unlawfully entering any private building or secured area
2without the consent of the owner, or of the person in legal
3possession thereof, at the time of repossession. The fine shall be
4five hundred dollars ($500) for each violation.

5(e) Committing unlawful assault or battery on another person
6during the course of a repossession. The fine shall not exceed two
7thousand five hundred dollars ($2,500) for each violation.

8(f) Falsification of an inventory. The fine shall be one hundred
9dollars ($100) for the first violation and two hundred fifty dollars
10($250) for each violation thereafter.

11(g) Soliciting from the legal owner the recovery of specific
12collateral registered under the Vehicle Code or under the motor
13vehicle licensing laws of other states after the collateral has been
14seen or located on a public street or on public or private property
15without divulging the location of the vehicle. The fine shall be one
16hundred dollars ($100) for the first violation and two hundred fifty
17dollars ($250) for each violation thereafter.

18

SEC. 5.  

Section 7508.3 of the Business and Professions Code
19 is amended to read:

20

7508.3.  

A licensee, or any of his or her registrants or
21employees, or a qualified certificate holder, is prohibited from
22using any false or misleading representation during the course of
23recovery of collateral. The bureau shall issue a notice of warning
24for a first violation, a fine of one hundred dollars ($100) for the
25second violation, and a fine not to exceed two hundred fifty dollars
26($250) for any subsequent violation of any of the following:

27(a) The false representation or implication that the individual
28is vouched for, bonded by, or affiliated with the United States or
29with any state, county, city, or city and county, including the use
30of any badge, uniform, or facsimile thereof.

31(b) The false representation or implication that any individual
32is an attorney or that any communication is from any attorney.

33(c) The representation or implication by a repossession agency
34or its registrants or employees that nonpayment of any debt will
35result in the arrest or imprisonment of any person or the seizure,
36garnishment, attachment, or sale of any property or wages of any
37person, unless the action is lawful and the creditor has instructed
38the repossession agency to inform the debtor that the creditor
39intends to take the action.

40(d) The threat to take any action that cannot legally be taken.

P9    1(e) The false representation or implication that the debtor
2committed any crime or other conduct in order to disgrace the
3debtor.

4(f) The use or distribution of any written communication which
5simulates or is falsely represented to be a document authorized,
6issued, or approved by any court, official, or agency of the United
7States or any state, or which creates a false impression as to its
8source, authorization, or approval.

9(g) The false representation or implication that documents are
10legal process.

11(h) The use of any business, company, or organization name
12other than the true name of the repossession agency’s business,
13company, or organization.

14(i) The use of any deceptive forms.

15

SEC. 6.  

Section 7508.4 of the Business and Professions Code
16 is amended to read:

17

7508.4.  

The director may assess administrative fines for any
18of the following prohibited acts:

19(a) Conducting business from any location other than that
20location to which a license was issued or conducting a business as
21an individual, partnership, limited liability company, or corporation
22unless the licensee holds a valid license issued to that exact same
23individual, partnership, limited liability company, or corporation.
24The fine shall be one thousand dollars ($1,000) for each violation.

25(b) Aiding or abetting an unlicensed repossessor or assigning
26his or her license. “Assigning his or her license” means that no
27licensee shall permit a registrant, employee, or agent in his or her
28own name to advertise, engage clients, furnish reports, or present
29bills to clients, or in any manner whatsoever to conduct business
30for which a license is required under this chapter. The fine shall
31be one thousand dollars ($1,000) for each violation.

32(c) Failing to register registrants within 15 days. The fine shall
33be two hundred fifty dollars ($250) for each of the first two
34violations and one thousand dollars ($1,000) for each violation
35thereafter.

36(d) Employing a person whose registration has expired or been
37revoked, denied, suspended, or canceled, if the bureau has furnished
38a listing of these persons to the licensee. The fine shall be one
39hundred fifty dollars ($150) for the first violation and a fine not
P10   1to exceed one thousand dollars ($1,000) for each violation
2thereafter.

3(e) Failing to notify the bureau, within 30 days, of any change
4in officers. A notice of warning shall be issued for the first
5violation. Thereafter, the fine shall be five hundred dollars ($500)
6for each violation.

7(f) Failing to submit the notices regarding a violent act or
8threatened violent act within seven days pursuant to Section 7507.6
9or to submit a copy of a judgment awarded against the licensee
10for an amount of more than the then prevailing maximum claim
11that may be brought in small claims court within seven days
12pursuant to Section 7507.7. The fine shall not exceed five hundred
13dollars ($500) for the first violation and not exceed one thousand
14dollars ($1,000) for each violation thereafter.

15(g) Failing to include the licensee’s name, address, and license
16number in any advertisement. The fine shall be fifty dollars ($50)
17for each violation.

18(h) Failing to maintain personal effects for at least 60 days. The
19fine shall be one hundred dollars ($100) for the first violation and
20two hundred fifty dollars ($250) for each violation thereafter.

21(i) Failing to provide a personal effects list or a notice of seizure
22within the time limits set forth in Section 7507.9 or 7507.10. The
23fine shall be one hundred dollars ($100) for the first violation and
24two hundred fifty dollars ($250) for each violation thereafter.

25(j) Failing to file the required report pursuant to Section 28 of
26the Vehicle Code. The fine shall be one hundred dollars ($100)
27for the first violation and two hundred fifty dollars ($250) for each
28violation thereafter, per audit.

29(k) Failing to maintain an accurate record and accounting of
30secure temporary registration forms. The qualified certificate holder
31shall be fined two hundred fifty dollars ($250) for the first
32violation, fined an amount not to exceed five hundred dollars
33($500) for the second violation, and fined an amount not to exceed
34one thousand dollars ($1,000) plus a one-year suspension of the
35privilege to issue temporary registrations pursuant to Section
367506.9 for the third and subsequent violations.

37(l) Representing that a licensee has an office and conducts
38business at a specific address when that is not the case. The fine
39shall be five thousand dollars ($5,000) for each violation.

P11   1(m) Notwithstanding any other law, the money in the Private
2Security Services Fund that is attributable to administrative fines
3imposed pursuant to this section shall not be continuously
4appropriated and shall be available for expenditure only upon
5appropriation by the Legislature.

6

SEC. 7.  

Section 7508.6 of the Business and Professions Code
7 is amended to read:

8

7508.6.  

The director may assess administrative fines against
9any repossession agency licensee, qualified certificate holder, or
10registrant for failure to notify the bureau within 30 days of any
11change of residence or business address. The fine shall be fifty
12dollars ($50) for each violation.

13

SEC. 8.  

Article 12 (commencing with Section 7511.5) is added
14to Chapter 11 of Division 3 of the Business and Professions Code,
15to read:

16 

17Article 12.  Review
18

 

19

7511.5.  

Notwithstanding any other law, the powers and duties
20of the bureau, as set forth in this chapter, shall be subject to review
21by the appropriate policy committees of the Legislature. The review
22shall be performed as if this chapter were scheduled to be repealed
23as of January 1, 2020.

24

SEC. 9.  

Section 7542 of the Business and Professions Code is
25amended to read:

26

7542.  

(a) A licensee and qualified manager who in the course
27of his or her employment or business carries a deadly weapon shall
28complete a course of training in the exercise of the powers to arrest
29as specified in Section 7583.7 and a course of training in the
30carrying and use of firearms as specified in Article 4 (commencing
31with Section 7583) of Chapter 11.5. A licensee or qualified
32manager shall not carry or use a firearm unless he or she has met
33the requirements of subdivisions (a) to (e), inclusive, and
34subdivision (g) of Section 7583.23, subdivisions (a) to (d),
35inclusive, of Section 7583.24, and Section 7583.28 and has in his
36or her possession a valid firearms qualification card. A licensee
37or qualified manager who possesses a valid firearms qualification
38card shall comply with, and be subject to subdivisions (a) to (d),
39inclusive, of Sections 7583.25, and Sections 7583.26, 7583.27,
407583.31, 7583.32, and 7583.37, except that paragraph (5) of
P12   1Section 7583.32 shall not apply. A licensee or qualified manager
2who possesses a valid firearms qualification card may carry a
3firearm capable of being concealed upon the person in a concealed
4manner if he or she complies with applicable provisions set forth
5in Chapter 4 (commencing with Section 26150) of Division 5 of
6Title 4 of Part 6 of the Penal Code.

7(b) (1) If a firearms qualification card is denied, the denial shall
8be in writing and shall describe the basis for the denial. Along with
9the denial, the applicant shall be informed that he or she may
10 request a hearing in accordance with Chapter 5 (commencing with
11Section 11500) of Part 1 of Division 3 of Title 2 of the Government
12Code.

13(2) The hearing shall be requested of the director within 30 days
14following issuance of the denial. However, no hearing shall be
15granted to an applicant who is otherwise prohibited by law from
16carrying a firearm.

17

SEC. 10.  

Section 7563 of the Business and Professions Code
18 is amended to read:

19

7563.  

The director, in lieu of suspending or revoking a license
20issued under this chapter for violations of Sections 7561.1, 7561.3,
21and 7561.4, may impose a civil penalty not to exceed five hundred
22dollars ($500) for the first violation, and one thousand dollars
23($1,000) for each violation thereafter, upon a licensee, if the
24director determines that this action better serves the purposes of
25this chapter.

26

SEC. 11.  

Section 7566 of the Business and Professions Code
27 is amended to read:

28

7566.  

The director may assess administrative fines of fifty
29dollars ($50) against any licensee, qualified manager, or firearms
30qualification cardholder for each violation for failure to notify the
31bureau within 30 days of any change of residence or business
32address. The principal place of business may be at a home or at a
33business address, but it shall be the place at which the licensee
34maintains a permanent office.

35

SEC. 12.  

Article 8 (commencing with Section 7573.5) is added
36to Chapter 11.3 of Division 3 of the Business and Professions
37Code
, to read:

 

P13   1Article 8.  Review
2

 

3

7573.5.  

Notwithstanding any other law, the powers and duties
4of the bureau, as set forth in this chapter, shall be subject to review
5by the appropriate policy committees of the Legislature. The review
6shall be performed as if this chapter were scheduled to be repealed
7as of January 1, 2020.

8

SEC. 13.  

Article 6 (commencing with Section 7576) is added
9to Chapter 11.4 of Division 3 of the Business and Professions
10Code
, to read:

11 

12Article 6.  Review
13

 

14

7576.  

Notwithstanding any other law, the powers and duties
15of the bureau, as set forth in this chapter, shall be subject to review
16by the appropriate policy committees of the Legislature. The review
17shall be performed as if this chapter were scheduled to be repealed
18as of January 1, 2020.

19

SEC. 14.  

Section 7583.4 of the Business and Professions Code
20 is amended to read:

21

7583.4.  

Any person registered as a security guard or
22patrolperson, and the employer of the security guard or
23patrolperson, shall deliver to the director a written report describing
24fully the circumstances surrounding any incident involving the
25discharge of any firearm in which he or she was involved while
26acting within the course and scope of his or her employment, within
27seven days after the incident. The report shall be made on a form
28prescribed by the director which shall include, but not be limited
29to, the following:

30(a) The name, address, and date of birth of the guard or
31patrolperson.

32(b) The registration number of the guard or patrolperson.

33(c) The firearm permit number and baton permit number of the
34guard or patrolperson, if applicable.

35(d) The name of the employer of the person.

36(e) The description of any injuries and damages that occurred.

37(f) The identity of all participants in the incident.

38(g) Whether a police investigation was conducted relating to
39the incident.

P14   1(h) The date and location of the incident. Any report may be
2investigated by the director to determine if any disciplinary action
3is necessary.

4A copy of the report delivered to the director pursuant to this
5section shall also be delivered within seven days of the incident
6to the local police or sheriff’s department which has jurisdiction
7over the geographic area where the incident occurred.

8

SEC. 15.  

Section 7583.6 of the Business and Professions Code
9 is amended to read:

10

7583.6.  

(a) A person entering the employ of a licensee to
11perform the functions of a security guard or a security patrolperson
12shall complete a course in the exercise of the power to arrest prior
13to being assigned to a duty location.

14(b) Except for a registrant who has completed the course of
15training required by Section 7583.45, a person registered pursuant
16to this chapter shall complete not less than 32 hours of training in
17security officer skills within six months from the date the
18registration card is issued. Sixteen of the 32 hours shall be
19completed within 30 days from the date the registration card is
20issued.

21(c) A course provider shall issue a certificate to a security guard
22upon satisfactory completion of a required course, conducted in
23accordance with the department’s requirements. A private patrol
24operator may provide training programs and courses in addition
25to the training required in this section. A registrant who is unable
26to provide his or her employing licensee the certificate of
27satisfactory completion required by this subdivision shall complete
2816 hours of the training required by subdivision (b) within 30 days
29of the date of his or her employment and shall complete the 16
30remaining hours within six months of his or her employment date.

31(d) The department shall develop and approve by regulation a
32standard course and curriculum for the skills training required by
33subdivision (b) to promote and protect the safety of persons and
34the security of property. For this purpose, the department shall
35consult with consumers, labor organizations representing private
36security officers, private patrol operators, educators, and subject
37matter experts.

38(e) The course of training required by subdivision (b) may be
39administered, tested, and certified by any licensee, or by any
P15   1organization or school approved by the department. The department
2may approve any person or school to teach the course.

3(f) (1) On and after January 1, 2005, a licensee shall annually
4provide each employee registered pursuant to this chapter with
5eight hours of specifically dedicated review or practice of security
6officer skills prescribed in either course required in Section 7583.6
7 or 7583.7.

8(2) A licensee shall maintain at the principal place of business
9or branch office a record verifying completion of the review or
10practice training for a period of not less than two years. The records
11shall be available for inspection by the bureau upon request.

12(g) This section does not apply to a peace officer as defined in
13Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2
14of the Penal Code who has successfully completed a course of
15study in the exercise of the power to arrest approved by the
16Commission on Peace Officer Standards and Training. This section
17does not apply to armored vehicle guards and federal qualified law
18enforcement officers, as defined in Section 926B of Title 18 of the
19United States Code, who have successfully completed a course of
20study in the exercise of the power to arrest.

21

SEC. 16.  

Section 7583.12 of the Business and Professions
22Code
is amended to read:

23

7583.12.  

(a) An employee of a licensee shall not carry or use
24a firearm unless the employee has in his or her possession both of
25the following:

26(1) A valid guard registration card issued pursuant to this
27chapter.

28(2) A valid firearm qualification card issued pursuant to this
29chapter.

30(b) An employee of a licensee may carry or use a firearm while
31working as a security guard or security patrolperson pending receipt
32of a firearm qualification card if he or she has been approved by
33the bureau and carries on his or her person a hardcopy printout of
34the bureau’s approval from the bureau’s Internet Web site and a
35valid picture identification.

36(c) In the event of the loss or destruction of the firearm
37qualification card, the cardholder may apply to the bureau for a
38certified replacement of the card, stating the circumstances
39surrounding the loss, and pay a ten-dollar ($10) certification fee,
P16   1whereupon the bureau shall issue a certified replacement of the
2card.

3(d) Paragraph (2) of subdivision (a) and subdivision (b) shall
4not apply to a duly appointed peace officer, as defined in Chapter
54.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
6Code, who meets all of the following:

7(1) He or she has successfully completed a course of study in
8the use of firearms.

9(2) He or she is authorized to carry a concealed firearm in the
10course and scope of his or her employment pursuant to Article 2
11(commencing with Section 25450) of Chapter 2 of Division 5 of
12Title 4 of Part 6 of the Penal Code.

13(3) He or she has proof that he or she has applied to the bureau
14for a firearm qualification card.

15(e) (1) This section shall not apply to a duly appointed peace
16officer, as defined in Chapter 4.5 (commencing with Section 830)
17of Title 3 of Part 2 of the Penal Code, or a federal qualified law
18enforcement officer, as defined in Section 926B of Title 18 of the
19United States Code, who has written approval from his or her
20primary employer, as defined in paragraph (2) of subdivision (i)
21 of Section 7583.9, to carry a firearm while working as a security
22guard or security officer or to a federal qualified law enforcement
23officer, as defined in Section 926B of Title 18 of the United States
24Code.

25(2) A peace officer exempt under this subdivision shall carry
26on his or her person a letter of approval from his or her primary
27employer authorizing him or her to carry a firearm while working
28as a security guard or security officer.

29

SEC. 17.  

Section 7583.22 of the Business and Professions
30Code
is amended to read:

31

7583.22.  

(a) A licensee, qualified manager of a licensee, or
32security guard who, in the course of his or her employment, may
33be required to carry a firearm shall, prior to carrying a firearm, do
34both of the following:

35(1) Complete a course of training in the carrying and use of
36firearms.

37(2) Receive a firearms qualification card or be otherwise
38qualified to carry a firearm as provided in Section 7583.12.

39(b) A licensee shall not permit an employee to carry or use a
40loaded or unloaded firearm, whether or not it is serviceable or
P17   1operative, unless the employee possesses a valid and current
2firearms qualification card issued by the bureau or is so otherwise
3qualified to carry a firearm as provided in Section 7583.12.

4(c) A pocket card issued by the bureau pursuant to Section
57582.13 may also serve as a firearms qualification card if so
6indicated on the face of the card.

7(d) Paragraph (1) of subdivision (a) shall not apply to a peace
8officer as defined in Chapter 4.5 (commencing with Section 830)
9of Title 3 of Part 2 of the Penal Code, who has successfully
10completed a course of study in the use of firearms or to a federal
11qualified law enforcement officer, as defined in Section 926B of
12Title 18 of the United States Code, who has successfully completed
13a course of study in the use of firearms.

14

SEC. 18.  

Section 7583.23 of the Business and Professions
15Code
is amended to read:

16

7583.23.  

The bureau shall issue a firearms permit when all of
17the following conditions are satisfied:

18(a) The applicant is a licensee, a qualified manager of a licensee,
19or a registered uniformed security guard.

20(b) A certified firearms training instructor has certified that the
21applicant has successfully completed a written examination
22prepared by the bureau and training course in the carrying and use
23of firearms approved by the bureau.

24(c) The applicant has filed with the bureau a classifiable
25fingerprint card, a completed application for a firearms permit on
26a form prescribed by the director, dated and signed by the applicant,
27certifying under penalty of perjury that the information in the
28application is true and correct.

29(d) The bureau has determined, after investigation, that the
30carrying and use of a firearm by the applicant, in the course of his
31or her duties, presents no apparent threat to the public safety, or
32that the carrying and use of a firearm by the applicant is not in
33violation of the Penal Code.

34(e) The applicant has produced evidence to the firearm training
35facility that he or she is a citizen of the United States or has
36permanent legal alien status in the United States. Evidence of
37citizenship or permanent legal alien status shall be that deemed
38sufficient by the bureau to ensure compliance with federal laws
39prohibiting possession of firearms by persons unlawfully in the
40United States and may include, but not be limited to, the United
P18   1States Department of Justice, Immigration and Naturalization
2Service Form I-151 or I-551, Alien Registration Receipt Card,
3naturalization documents, or birth certificates evidencing lawful
4residence or status in the United States.

5(f) Beginning July 1, 2017, the applicant has been found capable
6of exercising appropriate judgment, restraint, and self-control for
7the purposes of carrying and using a firearm during the course of
8his or her duties, pursuant to Section 7583.47.

9(g) The application is accompanied by the application fees
10prescribed in this chapter.

11

SEC. 19.  

Section 7583.24 of the Business and Professions
12Code
is amended to read:

13

7583.24.  

(a) The bureau shall not issue a firearm permit if the
14applicant is prohibited from possessing, receiving, owning, or
15purchasing a firearm pursuant to state or federal law.

16(b) Before issuing an initial firearm permit the bureau shall
17provide the Department of Justice with the name, address, social
18security number, and fingerprints of the applicant.

19(c) The Department of Justice shall inform the bureau, within
2060 days from receipt of the information specified in subdivision
21(b), of the applicant’s eligibility to possess, receive, purchase, or
22own a firearm pursuant to state and federal law.

23(d) An applicant who has been denied a firearm permit based
24upon subdivision (a) may reapply for the permit after the
25prohibition expires. The bureau shall treat this application as an
26initial application and shall follow the required screening process
27as specified in this section.

28(e) Beginning July 1, 2017, the bureau shall not issue a firearm
29permit if the applicant has not been found capable of exercising
30appropriate judgment, restraint, and self-control for the purposes
31of carrying and using a firearm during the course of his or her
32duties, pursuant to Section 7583.47.

33

SEC. 20.  

Section 7583.25 of the Business and Professions
34Code
is amended to read:

35

7583.25.  

(a) The bureau shall not renew a firearm permit if
36the applicant is prohibited from possessing, receiving, purchasing,
37or owning a firearm pursuant to state or federal law.

38(b) Before renewing a firearm permit, the bureau shall provide
39the Department of Justice with the information necessary to identify
40the renewal applicant. No firearm permit shall be renewed if the
P19   1expiration date of the permit is between October 1, 1993, and
2October 1, 1994, unless the application for renewal is also
3accompanied by a classifiable fingerprint card and the fingerprint
4processing fees for that card.

5(c) The Department of Justice shall inform the bureau, within
630 days of receipt of the information specified in subdivision (b),
7of the renewal applicant’s eligibility to possess, receive, purchase,
8or own a firearm pursuant to state and federal law.

9(d) An applicant who is denied a firearm permit renewal based
10upon subdivision (a) may reapply for the permit after the
11prohibition expires. The bureau shall treat this as an initial
12application and shall follow the screening process specified in
13Section 7583.24.

14(e) Beginning July 1, 2017, the bureau shall not renew a firearm
15permit if the applicant has not been found capable of exercising
16appropriate judgment, restraint, and self-control for the purposes
17of carrying and using a firearm during the course of his or her
18duties, pursuant to Section 7583.47.

19

SEC. 21.  

Section 7583.29 of the Business and Professions
20Code
is amended to read:

21

7583.29.  

If a firearms permit is denied, the denial of the permit
22shall be in writing and shall describe the basis for the denial. The
23denial shall inform the applicant that if he or she desires a review
24by a disciplinary review committee to contest the denial, the review
25shall be requested of the director within 30 days following notice
26of the issuance of the denial. However, no review or hearing shall
27be granted to an individual who is otherwise prohibited by law
28from carrying a firearm or, beginning July 1, 2017, the applicant
29has not been found capable of exercising appropriate judgment,
30restraint, and self-control for the purposes of carrying and using
31a firearm during the course of his or her duties, pursuant to Section
32 7583.47.

33

SEC. 22.  

Section 7583.32 of the Business and Professions
34Code
is amended to read:

35

7583.32.  

(a) A firearms qualification card expires two years
36from the date of issuance, if not renewed. A person who wishes
37to renew a firearms qualification card shall file an application for
38renewal at least 60 days prior to the card’s expiration. A person
39whose card has expired shall not carry a firearm until he or she
40has been issued a renewal card by the bureau.

P20   1(b) The bureau shall not renew a firearms qualification card
2unless all of the following conditions are satisfied:

3(1) The cardholder has filed with the bureau a completed
4application for renewal of a firearms qualification card, on a form
5prescribed by the director, dated and signed by the applicant under
6penalty of perjury certifying that the information on the application
7is true and correct.

8(2) The applicant has requalified on the range and has
9successfully passed a written examination based on course content
10as specified in the firearms training manual approved by the
11department and taught at a training facility approved by the bureau.

12(3) The application is accompanied by a firearms requalification
13fee as prescribed in this chapter.

14(4) The applicant has produced evidence to the firearm training
15facility, either upon receiving his or her original qualification card
16or upon filing for renewal of that card, that he or she is a citizen
17of the United States or has permanent legal alien status in the
18United States. Evidence of citizenship or permanent legal alien
19status is that deemed sufficient by the bureau to ensure compliance
20with federal laws prohibiting possession of firearms by persons
21unlawfully in the United States and may include, but not be limited
22to, Department of Justice, Immigration and Naturalization Service
23Form I-151 or I-551, Alien Registration Receipt Card,
24naturalization documents, or birth certificates evidencing lawful
25residence or status in the United States.

26(5) Beginning July 1, 2017, the applicant has been found capable
27of exercising appropriate judgment, restraint, and self-control for
28the purposes of carrying and using a firearm during the course of
29his or her duties, pursuant to Section 7583.47.

30(c) An expired firearms qualification card may not be renewed.
31A person with an expired registration is required to apply for a
32new firearms qualification in the manner required of persons not
33 previously registered. A person whose card has expired shall not
34carry a firearm until he or she has been issued a new firearms
35qualification card by the bureau.

36(d) Paragraph (2) of subdivision (b) shall not apply to a duly
37appointed peace officer, as defined in Chapter 4.5 (commencing
38with Section 830) of Title 3 of Part 2 of the Penal Code who is
39authorized to carry a firearm in the course of his or her duties and
40who has successfully completed requalification training.

P21   1

SEC. 23.  

Section 7583.33 of the Business and Professions
2Code
is amended to read:

3

7583.33.  

(a) Any licensee, qualified manager, or a registered
4uniformed security guard who wishes to carry a baton in the
5performance of his or her duties, shall qualify to carry the weapon
6pursuant to Article 5 (commencing with Section 7585).

7(b) Subdivision (a) does not apply to a peace officer as defined
8in Chapter 4.5 (commencing with Section 830) of Title 3 of Part
92 of the Penal Code who has successfully completed a course of
10study in the use of batons or to a federal qualified law enforcement
11 officer, as defined in Section 926B of Title 18 of the United States
12Code, who has successfully completed a course of study in the use
13of batons.

14

SEC. 24.  

Section 7583.47 is added to the Business and
15Professions Code
, to read:

16

7583.47.  

(a) Beginning July 1, 2017, as a condition for the
17issuance or renewal of a firearms permit, the applicant shall
18complete a psychological assessment to determine whether or not
19the applicant, at the point in time of the assessment, is capable of
20exercising appropriate judgment, restraint, and self-control for the
21purposes of carrying and using a firearm during the course of his
22or her duties. If an applicant fails to meet the standards of the initial
23assessment, the bureau shall provide a secondary assessment option
24pursuant to this section.

25(b) The bureau shall implement a process by which the applicant
26for a firearms permit shall be assessed for appropriate judgment,
27restraint, and self-control for the purposes of carrying and using
28a firearm during the course of his or her duties.

29(c) The bureau shall consult with a California licensed
30psychologist, or other persons with subject matter expertise to
31assist with the development of a contract for a vendor to administer
32the psychological assessments. The licensed psychologist or other
33persons shall assist the bureau with the following, but is not limited
34to the following list:

35(1) The establishment of the minimum standards required for
36the assessment that will be administered by a third-party vendor.

37(2) The review of the contract bids received by the bureau from
38third-party vendors seeking to administer the psychological
39assessments to ensure the assessment specified in the contract bid
P22   1meets the minimum standards for the assessment established by
2the bureau and its consultants.

3(d) The bureau shall contract with a third-party vendor to
4administer a psychological assessment program to determine the
5applicant’s capability, as the point in time of the assessment, of
6exercising appropriate judgment, restraint, and self-control for the
7purposes of carrying and using a firearm during the course of his
8or her duties.

9(e) (1) Upon receipt of the initial or renewal firearms permit
10application, the bureau shall notify the applicant that he or she is
11to contact the bureau’s psychological assessment vendor to
12complete the psychological assessment. The applicant shall bear
13the cost of the psychological assessment. If the applicant seeks
14employment with, or is employed by, a licensee, the licensee may
15bear the costs of the evaluation. The psychological assessment
16vendor shall, within 30 days of completing the assessment, directly
17notify the bureau of the applicant’s capability in exercising
18appropriate judgment, restraint and self-control for the purposes
19of carrying and using a firearm during the course of his or her
20duties, based on the psychological assessment results in the manner
21prescribed by the bureau.

22(2) If the results of the applicant’s psychological assessment
23indicate that he or she is capable of exercising appropriate
24judgment, restraint, and self-control for the purposes of carrying
25and using a firearm during the course of his or her duties, the
26bureau may consider the results as demonstration of the applicant’s
27psychological capability of exercising appropriate judgment,
28restraint, and self-control for the purposes of the issuance of a
29firearms permit.

30(f) If the psychological assessment is inconclusive or determines
31that the applicant may not be capable of exercising appropriate
32judgment, restraint, and self-control for the purposes of carrying
33and using a firearm during the course of his or her duties, and the
34applicant desires to continue the firearms permit application
35process, the applicant shall complete a psychological evaluation.
36The psychological evaluation shall be administered by a California
37licensed psychologist of the applicant’s choosing, excluding any
38psychologist with an existing personal or professional relationship
39with the applicant. The California licensed psychologist, or his or
40her designee, shall conduct an inperson interview and may employ
P23   1whatever psychological measuring instruments or techniques
2deemed necessary to render a professional opinion. The California
3licensed psychologist shall, within 15 days of completing the
4psychological evaluation, provide the bureau with his or her written
5conclusion as to whether or not the applicant is capable of
6exercising appropriate judgment, restraint, and self-control for the
7purposes of carrying and using a firearm during the course of his
8or her duties at the point in time of the evaluation. Included in the
9written psychological evaluation shall be the assessment measures
10used and the reason for their inclusion. The licensed psychologist’s
11written conclusion shall be provided to the bureau on a form
12prescribed by the bureau. The applicant shall bear the costs of the
13psychological evaluation. If the applicant seeks employment with,
14or is employed by, a licensee that has an established and approved
15process for the Minnesota Multiphasic Personality Inventory
16(MMPI), the Institute for Personality and Ability Testing, Inc.,
17(IPAT), or other psychological evaluation, the applicant may
18choose to submit the response data to a licensed psychologist
19chosen by the licensee. A licensee employing this process may
20bear the costs of the evaluation.

21(1) If the conclusions of the applicant’s evaluation by a licensed
22psychologist indicate that he or she is capable of exercising
23appropriate judgment, restraint, and self-control for the purposes
24of carrying and using a firearm during the course of his or her
25duties, at the point in time of the evaluation, the bureau may
26consider the conclusions as a demonstration of the applicant’s
27psychological capability in exercising appropriate judgment,
28restraint, and self-control for the purposes of the issuance of a
29firearms permit.

30(2) The bureau shall not issue or renew a firearms permit to an
31applicant who has been deemed by a licensed psychologist as not
32being capable of exercising appropriate judgment, restraint, and
33self-control for the purposes of carrying and using a firearm during
34the course of his or her duties, at the time of evaluation.

35(g) The bureau may utilize the conclusions of the psychological
36assessment or evaluation, for the purpose of making a
37determination on the individual’s initial or renewal application for
38a firearms permit, for up to six months from the date the assessment
39or evaluation was completed.

P24   1(h) An applicant who is denied a firearms permit by the bureau
2due to being found incapable, at the time of assessment or
3evaluation, of exercising appropriate judgment, restraint, and
4self-control for the purposes of carrying and using a firearm during
5the course of his or her duties, shall not reapply for a firearms
6permit for one year from the date of being denied a firearms permit
7by the bureau.

8(i) The bureau may decide if the applicant shall be administered
9an additional psychological evaluation instrument after the
10discharge of a firearm that requires the written report, described
11in Section 7583.4, in order to retain the firearms permit.

12(j) This section does not apply to the following persons:

13(1) A peace officer as defined in Chapter 4.5 (commencing with
14Section 830) of Title 3 of Part 2 of the Penal Code.

15(2) A federal law enforcement officer.

16(3) A security guard applying for a renewal firearms permit
17where his or her employer verifies that the applicant has been
18employed for at least three years in an armed position in which
19period the applicant has not had a firearms incident or violent
20incident, as described in Section 7583.4. The employer shall submit
21verification of this information on a form prescribed by the bureau.

22(k) This section does not prohibit a licensee from imposing
23additional requirements or taking additional steps to ensure that
24employees are qualified to work with firearms.

25(l) The bureau may promulgate regulations to implement this
26section.

27

SEC. 25.  

Section 7585.4.1 is added to the Business and
28Professions Code
, to read:

29

7585.4.1.  

(a) (1)  Within 120 days after issuance of a
30“Firearms Training Facility Certificate,” the bureau shall inspect
31the facility for compliance with the applicable requirements of this
32article and the applicable rules and regulations of the bureau
33adopted pursuant to this article.

34(2) The bureau may inspect the establishment for which a
35certificate application has been made prior to the issuance of the
36certificate.

37(b) The bureau shall maintain a program of random and targeted
38inspections of facilities to ensure compliance with applicable laws
39relating to the conduct and operation of facilities.

P25   1(c) If the bureau determines that any facility is not complying
2with applicable laws relating to the conducting and operation of
3facilities, notice thereof shall immediately be given to the facility.

4(d) In addition to the notice, the bureau may issue a citation or
5take other disciplinary action for violations of applicable laws.

6

SEC. 26.  

Section 7587.8 of the Business and Professions Code
7 is amended to read:

8

7587.8.  

The director may assess fines for the following acts
9pursuant to Article 4 (commencing with Section 7583) only as
10follows:

11(a) Violation of subdivisions (a), (b), and (c) of Section 7583.2;
12five hundred dollars ($500) per violation.

13(b) Violation of subdivisions (h) and (i) of Section 7583.2; two
14hundred fifty dollars ($250) per violation.

15(c) Violation of subdivision (d) of Section 7583.2; five hundred
16dollars ($500) per violation.

17(d) Violation of subdivision (g) of Section 7583.2; one thousand
18dollars ($1,000) for the first violation and two thousand five
19hundred dollars ($2,500) per violation for each violation thereafter.

20(e) Violation of subdivision (f) of Section 7583.2; two thousand
21five hundred dollars ($2,500) per violation, notwithstanding any
22other provision of law.

23

SEC. 27.  

Section 7587.9 of the Business and Professions Code
24 is amended to read:

25

7587.9.  

The director may assess fines for the following acts
26pursuant to Article 4 (commencing with Section 7583) only as
27follows:

28(a) Violation of subdivisions (a) and (b) of Section 7583.3; one
29hundred fifty dollars ($150) per violation.

30(b) Violation of subdivision (c) of Section 7583.3; two hundred
31fifty dollars ($250) for the first violation and five hundred dollars
32($500) per violation for each violation thereafter.

33(c) Violation of Section 7583.4; five hundred dollars ($500) per
34violation.

35

SEC. 28.  

Section 7587.10 of the Business and Professions
36Code
is amended to read:

37

7587.10.  

The director may assess fines for the following acts
38pursuant to Article 4 (commencing with Section 7583) only as
39follows:

P26   1(a) Violation of subdivisions (c) and (d) of Section 7583.37;
2one hundred dollars ($100) for the first violation and two hundred
3dollars ($200) for each violation thereafter.

4(b) Violation of subdivision (a) of Section 7583.37; one hundred
5dollars ($100) for the first violation and five hundred dollars ($500)
6for each violation thereafter.

7(c) Violation of subdivision (e) of Section 7583.37; one thousand
8dollars ($1,000).

9(d) Violation of subdivision (b) of Section 7583.37; one
10thousand dollars ($1,000) and suspension of a firearm qualification
11card for six months for the first violation and, for a violation
12thereafter, one thousand dollars ($1,000) and a suspension of a
13firearm qualification card for not more than one year.

14

SEC. 29.  

Section 7587.12 of the Business and Professions
15Code
is amended to read:

16

7587.12.  

The director may assess fines for the following acts
17only as follows:

18(a) Violations of paragraph (1), (2), (11), or (12) of subdivision
19(a) of Section 7585.19; two hundred fifty dollars ($250) for the
20first violation and five hundred dollars ($500) for subsequent
21violations.

22(b) Violations of paragraph (3), (7), (8), or (10) of subdivision
23(a) of Section 7585.19; five hundred dollars ($500) for each
24violation.

25(c) Violations of paragraph (6) of subdivision (a) of Section
267585.19; five hundred dollars ($500) for each hour shortened.

27(d) Violations of paragraph (4) of subdivision (a) of Section
287585.19; five hundred dollars ($500) for each violation.

29(e) Violations of paragraph (5) of subdivision (a) of Section
307585.19; five hundred dollars ($500) for every hour the course has
31been shortened.

32(f) Violations of paragraph (9) of subdivision (a) of Section
337585.19; one thousand dollars ($1,000) for each violation.

34

SEC. 30.  

Section 7587.14 of the Business and Professions
35Code
is amended to read:

36

7587.14.  

The director may assess administrative fines of fifty
37dollars ($50) against any licensee, registrant, or firearms
38qualification cardholder for each violation for failure to notify the
39bureau within 30 days of any change of residence or business
40address. The principal place of business may be at a home or at a
P27   1business address, but it shall be the place at which the licensee
2maintains a permanent office.

3

SEC. 31.  

Article 9 (commencing with Section 7588.8) is added
4to Chapter 11.5 of Division 3 of the Business and Professions
5Code
, to read:

6 

7Article 9.  Review
8

 

9

7588.8.  

Notwithstanding any other law, the powers and duties
10of the bureau, as set forth in this chapter, shall be subject to review
11by the appropriate policy committees of the Legislature. The review
12shall be performed as if this chapter were scheduled to be repealed
13as of January 1, 2020.

14

SEC. 32.  

Section 7597.1 of the Business and Professions Code
15 is amended to read:

16

7597.1.  

(a) A licensee, qualified manager, branch office
17manager, or alarm agent shall not carry, use, or possess a loaded
18or unloaded firearm in the course and scope of his or her
19employment, whether or not it is serviceable or operative, unless
20he or she has in his or her possession a valid and current firearms
21qualification card issued to him or her by the bureau. The card
22shall be shown to any peace officer or bureau representative upon
23demand.

24(b) Subdivision (a) shall not apply to a duly appointed peace
25officer, as defined in Chapter 4.5 (commencing with Section 830)
26of Title 3 of Part 2 of the Penal Code, or a federal qualified law
27enforcement officer, as defined Section 926B of Title 18 of the
28United States Code, who meets all of the following:

29(1) He or she has successfully completed a course of study in
30the use of firearms.

31(2) He or she is authorized to carry a concealed firearm in the
32course and scope of his or her employment pursuant to Article 2
33(commencing with Section 25450) of Chapter 2 of Division 5 of
34Title 4 of Part 6 of the Penal Code.

35(3) He or she has proof that he or she has applied to the bureau
36for a firearms qualification card.

37(c) A fine of two hundred fifty dollars ($250) may be assessed
38for the first violation of this section and a fine of five hundred
39dollars ($500) for each subsequent violation.

P28   1

SEC. 33.  

Section 7597.2 of the Business and Professions Code
2 is amended to read:

3

7597.2.  

(a) A licensee, qualified manager, branch office
4manager, or alarm agent shall not carry any inoperable, replica, or
5other simulated firearm.

6(b) A violation of this section shall result in a fine of one
7hundred dollars ($100) for the first violation and a fine of two
8hundred fifty dollars ($250) for each subsequent violation.

9

SEC. 34.  

Section 7597.3 of the Business and Professions Code
10 is amended to read:

11

7597.3.  

(a) A licensee, qualified manager, branch office
12manager, or alarm agent shall not use a firearm which is in
13violation of law, or in knowing violation of the standards for
14carrying and usage of firearms, as taught in the course of training
15in the carrying and use of firearms, including, but not limited to:

16(1) Illegally using, carrying, or possessing a dangerous weapon.

17(2) Brandishing a weapon.

18(3) Drawing a weapon without proper cause.

19(4) Provoking a shooting incident without cause.

20(5) Carrying or using a firearm while on duty under the influence
21of alcohol or dangerous drugs.

22(6) Carrying or using a firearm of a caliber for which a bureau
23firearms permit has not been issued.

24(b) A fine of one thousand dollars ($1,000) and a suspension of
25the firearms permit for six months may be assessed for the first
26violation of this section and a fine of one thousand dollars ($1,000)
27and a suspension of the firearms permit for not more than one year
28for a subsequent violation.

29

SEC. 35.  

Section 7597.5 of the Business and Professions Code
30 is amended to read:

31

7597.5.  

(a) A licensee, qualified manager, branch office
32manager, or alarm agent shall not carry or use tear gas or any other
33nonlethal chemical agent in the performance of his or her duties,
34unless he or she has in his or her possession proof of completion
35of a course in the carrying and use of tear gas or other nonlethal
36chemical agent.

37(b) A fine of one hundred dollars ($100) may be assessed for
38the first violation of this section and a fine of two hundred fifty
39dollars ($250) for each subsequent violation.

P29   1

SEC. 36.  

Section 7597.6 of the Business and Professions Code
2 is amended to read:

3

7597.6.  

(a) A licensee, qualified manager, branch office
4manager, or alarm agent shall not carry a pistol, revolver, or other
5firearm capable of being concealed upon the person in a concealed
6manner unless one of the following circumstances apply:

7(1) The person has been issued a permit to carry that firearm in
8a concealed manner by a local law enforcement agency pursuant
9to Section 26150, 26155, 26170, or 26215 of the Penal Code.

10(2) The person is an honorably retired peace officer authorized
11to carry a concealed firearm pursuant to Section 25650 of the Penal
12Code or Article 2 (commencing with Section 25450) of Chapter
132 of Division 5 of Title 4 of Part 6 of the Penal Code.

14(3) The person is a duly appointed peace officer, as defined in
15Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2
16of the Penal Code, who is authorized to carry a concealed firearm
17in the course and scope of his or her employment pursuant to
18Article 2 (commencing with Section 25450) of Chapter 2 of
19Division 5 of Title 4 of Part 6 of the Penal Code.

20(b) A fine of one thousand dollars ($1,000) may be assessed for
21each violation of subdivision (a).

22

SEC. 37.  

Section 7598.51 of the Business and Professions
23Code
is amended to read:

24

7598.51.  

(a) An alarm agent shall carry on his or her person,
25while on duty, either a valid and current registration card or a
26temporary application for registration.

27(b) A fine of one hundred fifty dollars ($150) may be assessed
28for each violation of subdivision (a).

29

SEC. 38.  

Section 7598.53 of the Business and Professions
30Code
is amended to read:

31

7598.53.  

An alarm agent who responds to an alarm system
32shall wear a prominently displayed patch or other designation
33which clearly identifies the name of the licensee. An alarm agent
34who carries a deadly weapon while responding to an alarm system
35shall wear a recognizable uniform with a prominently displayed
36patch or other designation which clearly identifies the name of the
37licensee. The uniform must be distinguishable from the uniforms
38worn by local regular law enforcement officers. A violation of this
39section may result in a fine of two hundred fifty dollars ($250) for
40each violation.

P30   1begin insert

begin insertSEC. 39.end insert  

end insert

begin insertSection 7599.32 of the end insertbegin insertBusiness and Professions
2Code
end insert
begin insert, as amended by Section 20 of Chapter 291 of the Statutes of
32012, is amended to read:end insert

4

7599.32.  

(a) A licensee shall notify the bureau within 30 days
5of any change of its officers or members required to be named
6pursuant to Section 7593.4 or 7593.5 and of any addition of a new
7partner.

8(b) Applications, on forms prescribed by the director, shall be
9submitted by all new officers, managing members, and partners.
10The director may suspend or revoke a license issued under this
11chapter if the director determines that the new officer, managing
12member, or partner has committed any act which constitutes
13grounds for the denial of a license pursuant to Section 7591.10.

14(c) A notice of warning may be issued for the first violation of
15this section and a fine ofbegin delete twenty-five dollars ($25)end deletebegin insert five hundred
16dollars ($500)end insert
for each subsequent violation.

17(d) This section shall remain in effect only until January 1,begin delete 2016,end delete
18begin insert 2019,end insert and as of that date is repealed, unless a later enacted statute,
19that is enacted before January 1,begin delete 2016,end deletebegin insert 2019,end insert deletes or extends
20that date.

21

begin deleteSEC. 39.end delete
22begin insertSEC. 40.end insert  

Section 7599.32 of the Business and Professions
23Code
, as added by Section 21 of Chapter 291 of the Statutes of
242012, is amended to read:

25

7599.32.  

(a) A licensee shall notify the bureau within 30 days
26of any change of its officers required to be named pursuant to
27Section 7593.4 and of any addition of a new partner.

28(b) Applications, on forms prescribed by the director, shall be
29submitted by all new officers and partners. The director may
30suspend or revoke a license issued under this chapter if the director
31determines that the new officer or partner has committed any act
32which constitutes grounds for the denial of a license pursuant to
33Section 7591.10.

34(c) A notice of warning may be issued for the first violation of
35this section and a fine of five hundred dollars ($500) for each
36subsequent violation.

begin insert

37(d) This section shall become operative on January 1, 2019.

end insert
38

begin deleteSEC. 40.end delete
39begin insertSEC. 41.end insert  

Section 7599.33 of the Business and Professions Code
40 is amended to read:

P31   1

7599.33.  

A licensee shall not conduct business, as defined in
2Section 7599.20, from any location other than that location for
3which a license or branch office registration was issued. A violation
4of this section may result in a fine of five hundred dollars ($500)
5for the first violation of this section and a fine of one thousand
6dollars ($1,000) for each subsequent violation.

7begin insert

begin insertSEC. 42.end insert  

end insert

begin insertSection 7599.34 of the end insertbegin insertBusiness and Professions
8Code
end insert
begin insert, as amended by Section 22 of Chapter 291 of the Statutes of
92012, is amended to read:end insert

10

7599.34.  

(a) begin deleteNo end deletebegin insertA end insertlicensee shallbegin insert notend insert conduct a business as an
11individual, partnership, limited liability company, or corporation
12unless the licensee holds a valid license issued to that exact same
13individual, partnership, limited liability company, or corporation.
14A violation of this section may result in a fine ofbegin delete oneend deletebegin insert fiveend insert hundred
15dollarsbegin delete ($100)end deletebegin insert ($500)end insert for each violation.

16(b) As a condition of the issuance, reinstatement, reactivation,
17or continued valid use of a license under this chapter, a limited
18liability company shall, in accordance with the provisions of this
19section, maintain a policy or policies of insurance against liability
20imposed on or against it by law for damages arising out of claims
21based upon acts, errors, or omissions arising out of the alarm
22company services it provides.

23(c) The total aggregate limit of liability under the policy or
24policies of insurance required under this section shall be as follows:

25(1) For a limited liability company licensee with five or fewer
26persons named as managing members pursuant to Section 7593.5
27or 7599.32, the aggregate limit shall not be less than one million
28 dollars ($1,000,000).

29(2) For a limited liability company licensee with more than five
30persons named as managing members pursuant to Section 7593.5
31or 7599.32, an additional one hundred thousand dollars ($100,000)
32of insurance shall be obtained for each person named as managing
33members of the licensee except that the maximum amount of
34insurance is not required to exceed five million dollars ($5,000,000)
35in any one designated period, less amounts paid in defending,
36settling, or discharging claims as set forth under this section.

37(d) Prior to the issuance, reinstatement, or reactivation of a
38limited liability company license as provided under this chapter,
39the applicant or licensee shall, in the manner prescribed by the
40bureau, submit the information and documentation required by
P32   1this section and requested by the bureau, demonstrating compliance
2with the financial security requirements specified by this section.

3(e) For any insurance policy secured by a licensee in satisfaction
4of this section, a Certificate of Liability Insurance, signed by an
5authorized agent or employee of the insurer, shall be submitted
6electronically or otherwise to the bureau. The insurer issuing the
7certificate shall report to the bureau the following information for
8any policy required under this section: name, license number,
9policy number, dates that coverage is scheduled to commence and
10lapse, the date and amount of any payment of claims, and
11cancellation date if applicable.

12(f) If a licensee fails to maintain sufficient insurance as required
13by this section, the license is subject to suspension.

14(g) Where the license of a limited liability company is suspended
15pursuant to subdivision (f), each member of the limited liability
16company shall be personally liable up to one million dollars
17($1,000,000) each for damages resulting to third parties in
18connection with the company’s performance, during the period of
19suspension, of any act or contract where a license is required by
20this chapter.

21(h) This section shall remain in effect only until January 1,begin delete 2016,end delete
22begin insert 2019,end insert and as of that date is repealed, unless a later enacted statute,
23that is enacted before January 1,begin delete 2016end deletebegin insert 2019,end insert, deletes or extends
24that date.

25

begin deleteSEC. 41.end delete
26begin insertSEC. 43.end insert  

Section 7599.34 of the Business and Professions
27Code
, as added by Section 23 of Chapter 291 of the Statutes of
282012, is amended to read:

29

7599.34.  

begin insert(a)end insertbegin insertend insert A licensee shall not conduct a business as an
30individual, partnership, or corporation unless the licensee holds a
31valid license issued to that exact same individual, partnership, or
32corporation. A violation of this section may result in a fine of five
33hundred dollars ($500) for each violation.

begin insert

34(b) This section shall become operative on January 1, 2019.

end insert
35

begin deleteSEC. 42.end delete
36begin insertSEC. 44.end insert  

Section 7599.36 of the Business and Professions Code
37 is amended to read:

38

7599.36.  

(a) Each licensee shall maintain a file or record
39containing the name, address, commencing date of employment,
40and position of each employee, and the date of termination. Those
P33   1files and records shall be retained during the time of employment
2and for a period of not less than two years thereafter, and, together
3with usual payroll records, shall be available for inspection by the
4bureau, and copies thereof and information pertaining thereto or
5contained therein shall be submitted to the bureau upon written
6request. A violation concerning the maintenance of the files or
7records may result in a fine of two hundred fifty dollars ($250) for
8each violation.

9(b) A failure of a licensee to respond to the bureau’s request to
10forward copies of the files or records and information pertaining
11thereto or contained therein within 30 days of the bureau’s request
12may result in a fine of two hundred fifty dollars ($250) for each
13violation.

14

begin deleteSEC. 43.end delete
15begin insertSEC. 45.end insert  

Section 7599.37 of the Business and Professions Code
16 is amended to read:

17

7599.37.  

Each licensee shall maintain an accurate and current
18record of proof of completion of the course of training in the
19exercise of the power to arrest as required by Section 7598.1, by
20each of his or her employees. A violation of this section may result
21in a fine of five hundred dollars ($500) for each violation.

22

begin deleteSEC. 44.end delete
23begin insertSEC. 46.end insert  

Section 7599.38 of the Business and Professions Code
24 is amended to read:

25

7599.38.  

Each licensee shall certify an employee’s completion
26of the course of training in the exercise of power to arrest, or obtain
27proof that the training has been administered by a bureau-approved
28training facility, prior to allowing the employee to respond to an
29alarm system as required by Section 7598.1. A violation of this
30section may result in a fine of five hundred dollars ($500) for each
31violation.

32

begin deleteSEC. 45.end delete
33begin insertSEC. 47.end insert  

Section 7599.40 of the Business and Professions Code
34 is amended to read:

35

7599.40.  

A licensee shall not allow any employee to carry a
36firearm or other deadly weapon without first ascertaining that the
37employee is proficient in the use of each weapon to be carried. A
38current and valid firearm qualification card which indicates the
39specific caliber of the firearm which may be carried shall be
40deemed evidence of proficiency. A firearm qualification permit is
P34   1not valid unless the employee holds a valid, current registration
2card. With respect to other deadly weapons, evidence of proficiency
3 shall include a certificate from a training facility, certifying that
4the employee is proficient in the use of that particular deadly
5weapon. A violation of this section may result in a fine of two
6thousand five hundred dollars ($2,500) for each violation.

7

begin deleteSEC. 46.end delete
8begin insertSEC. 48.end insert  

Section 7599.41 of the Business and Professions Code
9 is amended to read:

10

7599.41.  

A licensee shall maintain an accurate and current
11record of all firearms or other deadly weapons that are in the
12possession of the licensee, or of any employee of the licensee,
13while on duty. The record shall contain the make, model, and serial
14number, or a description of any other deadly weapon, and the name
15of the person who has title of ownership. A violation of this section
16may result in a fine of five hundred dollars ($500) for each
17violation.

18begin insert

begin insertSEC. 49.end insert  

end insert

begin insertSection 7599.42 of the end insertbegin insertBusiness and Professions
19Code
end insert
begin insert, as amended by Section 24 of Chapter 291 of the Statutes of
202012, is amended to read:end insert

21

7599.42.  

(a) Within seven days after any violent incident
22involving a dangerous weapon that has been caused by or occurred
23upon a licensee or any officer, partner, managing member, qualified
24manager, or employee of a licensee, while acting within the course
25and scope of his or her employment, and that results in bodily
26injury to any person or death of any person involved in that incident
27or of any discharge of a weapon, excluding any discharge which
28occurs on the range, the licensee or his or her manager shall mail
29or deliver to the chief a detailed report of the incident. The report
30shall describe fully the circumstances surrounding the incident,
31any injuries or damages incurred, the identity of all participants,
32and whether a police investigation was conducted. A violation of
33this sectionbegin insert by a licensee or any officer, partner, managing
34member, or qualified managerend insert
may result in a fine ofbegin delete twenty-five
35dollars ($25)end delete
begin insert one thousand dollars ($1,000)end insert for the first violation
36andbegin delete one hundred dollars ($100)end deletebegin insert two thousand dollars ($2,000)end insert for
37each subsequent violation.begin insert A violation of this section by an
38employee of a licensee may result in a fine of five hundred dollars
39($500) for each violation.end insert

P35   1(b) This section shall remain in effect only until January 1,begin delete 2016,end delete
2begin insert 2019,end insert and as of that date is repealed, unless a later enacted statute,
3that is enacted before January 1,begin delete 2016,end deletebegin insert 2019,end insert deletes or extends
4that date.

5

begin deleteSEC. 47.end delete
6begin insertSEC. 50.end insert  

Section 7599.42 of the Business and Professions
7Code
, as added by Section 25 of Chapter 291 of the Statutes of
82012, is amended to read:

9

7599.42.  

begin insert(a)end insertbegin insertend insert Within seven days after any violent incident
10involving a dangerous weapon, that has been caused by or occurred
11upon a licensee or any officer, partner, qualified manager, or
12employee of a licensee, while acting within the course and scope
13of his or her employment, and that results in bodily injury to any
14person or death of any person involved in that incident or of any
15discharge of a weapon, excluding any discharge which occurs on
16the range, the licensee or his or her manager shall mail or deliver
17to the chief a detailed report of the incident. The report shall
18describe fully the circumstances surrounding the incident, any
19injuries or damages incurred, the identity of all participants, and
20whether a police investigation was conducted. A violation of this
21section by a licensee or any officer, partner, managing member,
22or qualified manager may result in a fine of one thousand dollars
23($1,000) for the first violation and two thousand five hundred
24dollars ($2,500) for each subsequent violation. A violation of this
25section by an employee of a licensee may result in a fine of five
26hundred dollars ($500) for each violation.

begin insert

27(b) This section shall become operative on January 1, 2019.

end insert
28

begin deleteSEC. 48.end delete
29begin insertSEC. 51.end insert  

Section 7599.44 of the Business and Professions Code
30 is amended to read:

31

7599.44.  

Every advertisement by a licensee soliciting or
32advertising business shall contain his or her name and license
33number as they appear in the records of the bureau. A violation of
34this section may result in a fine of five hundred dollars ($500) for
35the first violation and one thousand dollars ($1,000) for each
36subsequent violation.

37

begin deleteSEC. 49.end delete
38begin insertSEC. 52.end insert  

Section 7599.45 of the Business and Professions Code
39 is amended to read:

P36   1

7599.45.  

A licensee or employee of a licensee shall not enter
2any private building or portion thereof, excepting premises open
3to the public, without the consent of the owner or the person in
4legal possession thereof. A violation of this section may result in
5a fine of one hundred dollars ($100) for each violation.

6

begin deleteSEC. 50.end delete
7begin insertSEC. 53.end insert  

Section 7599.54 of the Business and Professions Code
8 is amended to read:

9

7599.54.  

Every agreement, including, but not limited to, lease
10agreements, monitoring agreements, and service agreements,
11including all labor, services, and materials to be provided for the
12installation of an alarm system, shall be in writing. All amendments
13subject to the provisions of this section to an initial agreement
14shall be in writing. Each initial agreement shall contain, but not
15be limited to, the following:

16(a) The name, business address, business telephone number,
17and license number of the licensed alarm company operator and
18the registration number of any alarm agent who solicited or
19negotiated the agreement.

20(b) The approximate dates when the work will begin and be
21 substantially completed.

22(c) A description of the work to be done, a description of the
23materials to be used, and the agreed consideration for the work.

24(d) A disclosure that alarm company operators are licensed and
25regulated by the Bureau of Security and Investigative Services,
26Department of Consumer Affairs, Sacramento, CA, 95814.

27(e) A description of the alarm system including the major
28components thereof and services to be provided to the purchaser
29once the alarm is installed, including response or monitoring
30services, if any.

31(f) Other matters agreed to by the parties of the contract. The
32agreement shall be legible and shall be in a form as to clearly
33 describe any other document which is to be incorporated into the
34contract, and, before any work is done, the client shall be furnished
35with a copy of the written agreement signed by the licensee.

36(g) A statement setting forth that upon completion of the
37installation of the alarm system, the alarm company shall
38thoroughly instruct the purchaser in the proper use of the alarm
39system.

P37   1(h) In the event a mechanic’s lien is to be utilized, a
2notice-to-owner statement which shall describe, in nontechnical
3language and in a clear and coherent manner using words with
4common and everyday meaning, the pertinent provisions of this
5state’s mechanics’ lien laws and the rights and responsibilities of
6an owner of property and a contractor thereunder, including the
7provisions relating to the filing of a contract concerning a work of
8improvement with the county recorder and the recording in the
9office of a contractor’s payment bond for private work.

10(i) For agreements or renewals entered into on or after January
111, 2016, if the agreement contains an automatic renewal provision,
12the agreement or renewal shall include a separate and clear
13disclosure, prior to any other terms and conditions of the
14agreement, advising the consumer that the agreement he or she is
15entering into contains an automatic renewal provision. The
16disclosure shall specify that if the consumer fails to provide
17notification of nonrenewal, as required in the agreement, it will
18result in the automatic renewal of the agreement and shall include
19the period of time of the renewal term. The disclosure shall include
20an acknowledgement of the notification to be signed and dated by
21the consumer. An automatic renewal provision shall be void and
22invalid unless the acknowledgment includes an original signature
23of the consumer.

24(j) In addition to the above, every initial residential sales and
25lease agreement, the total cost which over the time period fixed
26by the agreement exceeds two hundred fifty dollars ($250),
27including the cost of all labor, service, or material to be provided
28by the licensee for the installation, shall include, but not be limited
29to, the following:

30(1) A schedule of payments showing the amount of each
31payment as a sum in dollars and cents. This schedule of payments
32shall be referenced to the amount of work for services to be
33performed or to any materials or equipment to be supplied.

34(2) If the payment schedule contained in the agreement provides
35for a downpayment to be paid to the licensee by the owner or the
36tenant before commencement of the work, that downpayment shall
37not exceed one thousand dollars ($1,000) or 10 percent of the
38contract price, excluding finance charges, whichever is the lesser.

39(3) In no event shall the payment schedule provide that the
40licensee receive, nor shall the licensee actually receive, payment
P38   1in excess of 100 percent of the value of the work performed on
2the project at any time, excluding finance charges, except that the
3licensee may receive an initial downpayment authorized by
4paragraph (2). A failure by the licensee, without legal excuse, to
5substantially commence work within 20 days of the approximate
6date specified in the contract when work is to commence, shall
7postpone the next succeeding payment to the licensee for that
8period of time equivalent to the time between when substantial
9commencement was to have occurred and when it did occur.

10(4) A notice-to-owner statement which shall describe, in
11 nontechnical language and in a clear and coherent manner using
12words with common and everyday meaning, the pertinent
13provisions of this state’s mechanics’ lien laws and the rights and
14responsibilities of an owner of property and a contractor thereunder,
15including the provisions relating to the filing of a contract
16concerning a work of improvement with the county recorder and
17the recording in the office of a contractor’s payment bond for
18private work.

19(5) A description of what constitutes substantial commencement
20of work pursuant to the contract.

21(6) A disclosure that failure by the licensee, without legal
22excuse, to substantially commence work within 20 days from the
23approximate date specified in the agreement when the work will
24begin is a violation of the Alarm Company Act.

25(7) A disclosure informing the buyer of any potential permit
26fees which may be required by local jurisdictions concerning the
27monitoring of an existing alarm system.

28(8) This section shall not be construed to prohibit the parties to
29a residential alarm system sale contract from agreeing to a contract
30or account subject to Chapter 1 (commencing with Section 1801)
31of Title 2 of Part 4 of Division 3 of the Civil Code.

32(k)  A violation of this section or failure to commence work
33pursuant to paragraph (6) of subdivision (j) may result in a fine of
34one hundred dollars ($100) for the first violation and a fine of five
35hundred dollars ($500) for each subsequent violation.

36

begin deleteSEC. 51.end delete
37begin insertSEC. 54.end insert  

Section 7599.59 of the Business and Professions Code
38 is amended to read:

39

7599.59.  

The director may assess administrative fines of fifty
40dollars ($50) against any licensee, qualified certificate holder,
P39   1firearms qualification card holder, or registrant for each violation
2for failure to notify the bureau within 30 days of any change of
3residence or business address.

4

begin deleteSEC. 52.end delete
5begin insertSEC. 55.end insert  

Article 15 (commencing with Section 7599.80) is
6added to Chapter 11.6 of Division 3 of the Business and Professions
7Code
, to read:

8 

9Article 15.  Review
10

 

11

7599.80.  

Notwithstanding any other law, the powers and duties
12of the bureau, as set forth in this chapter, shall be subject to review
13by the appropriate policy committees of the Legislature. The review
14shall be performed as if this chapter were scheduled to be repealed
15as of January 1, 2020.



O

    93