BILL ANALYSIS                                                                                                                                                                                                    



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          Date of Hearing:  July 7, 2015


                   ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS


                                Susan Bonilla, Chair


                       SB 468(Hill) - As Amended July 1, 2015


          SENATE VOTE:  28-7


          SUBJECT:  Bureau of Security and Investigative Services:  
          licensees.


          SUMMARY:  Subjects the Bureau of Security and Investigative  
          Services (Bureau) to review by the appropriate committees of the  
          Legislature by January 1, 2020, and makes various changes to  
          provisions in the Alarm Company Act, Locksmith Act, Private  
          Investigator Act, Private Security Services Act, Proprietary  
          Security Services Act, and Collateral Recovery Act to improve  
          the oversight, enforcement and regulation by the Bureau of  
          licensees under each Act.  


          EXISTING LAW:   


          1)Establishes the Bureau within the Department of Consumer  
            Affairs (DCA).  (Business and Professions Code (BPC)  6980.1)


          2)Establishes the following Acts:
             a)   Alarm Company Act (BPC  7590)
             b)   Locksmith Act (BPC  6980)








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             c)   Private Investigator Act (BPC  7512)


             d)   Private Security Services Act (BPC  7580) 


             e)   Proprietary Security Services Act (BPC  7574)


             f)   Collateral Recovery Act (BPC  7500)


          3)Requires applicants for a firearms permit to meet the  
            following requirements: 
             a)   The applicant is a licensee, a qualified manager of a  
               licensee, or a registered uniformed security guard.
             b)   A certified firearms training instructor has certified  
               that the applicant has successfully completed a written  
               examination prepared by the Bureau and training course in  
               the carrying and use of firearms approved by the Bureau.


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


             d)   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, or that the carrying and use of a  
               firearm by the applicant is not in violation of the Penal  
               Code.










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          4)Requires armed guards applying for a Bureau issued firearms  
            permit to submit a second set of fingerprints to the  
            Department of Justice (DOJ) to obtain a DOJ Firearm  
            Eligibility Determination before consideration of a firearms  
            permit from the Bureau.  (BPC  7583.23(c))
          5)Specifies that any institution, firm, or individual seeking  
            the Bureau's certification as a firearms training facility  
            must complete an application that includes: the name and  
            location of the entity, the places, days, and times the course  
            will be offered, an estimate of the minimum and maximum class  
            size, the location and description of the range facilities,  
            and the names and certificate numbers of the Bureau-certified  
            firearms training instructors who will teach the course.  (BPC  
             7585.3)


          6)States that applicants that wish to obtain a firearms  
            qualifications card must complete a course of training in the  
            carrying and usage of firearms according to the standards of  
            the Bureau's "Firearms Training Manual", which includes: the  
            moral and legal aspects of firearms usage, firearms  
            nomenclature and maintenance, weapon handling and shooting  
            fundamentals, emergency procedures, and prequalification range  
            training.  Applicants are also required to take a  
            qualification course of fire which includes: range safety and  
            procedures, demonstration and dry firing, practice rounds, and  
            qualification firing.  


          (BPC  7585 and 7585.6)
          7)Requires Private Patrol Operators to maintain an accurate and  
            current record of all firearms and deadly weapons in the  
            possession of the licensee or any employee while he or she is  
            on duty.  (BPC  7583.2)


          8)Requires Private Patrol Operators to deliver to the Director a  
            written report describing fully the circumstances surrounding  
            the discharge of any firearm, or physical altercations, as  








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            specified, with a member of the public while on duty, by a  
            licensee or any officer, partner, or employee of a licensee  
            while acting within the course and scope of his or her  
            employment within seven days after the incident.  Authorizes  
            the Director to investigate any report to determine if any  
            disciplinary action is necessary.  (BPC  7583.2)


          9)Specifies that any person registered as a security guard or  
            patrol person shall deliver to the Director of the DCA a  
            written report describing fully the circumstances surrounding  
            any incident involving the discharge of any firearm in which  
            he or she was involved while acting within the course and  
            scope of his or her employment, within seven days of the  
            incident and requires specified information to be provided on  
            the form provided by the Director.  


          (BPC  7583.4)
          10)Exempts California peace officers from Bureau firearms  
            training courses if he or she has successfully completed a  
            course of study in the use of firearms.  


          (BPC  7583.22)
          11)States that a private investigator (PI) must possess a valid  
            Bureau firearms qualification card on his or her person while  
            carrying a firearm during the course of an investigation.   
            (BPC  7542)


          12)States that every agreement, including, but not limited to,  
            lease agreements, monitoring agreements, and service  
            agreements, as well as all labor, services, and materials to  
            be provided for the installation of an alarm system, must be  
            in writing.  (BPC  7599.54)


          THIS BILL: 








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          13)Subjects the Bureau to review by the appropriate committees  
            of the Legislature.

          14)Beginning July 1, 2017, requires each applicant for a  
            firearms permit or renewal permit to undergo a psychological  
            evaluation by a licensed psychologist, or his or her designee,  
            the purpose of which is to assess the applicant's  
            psychological capability to exercise appropriate judgment,  
            restraint, and self-control. 

             a)   Requires the licensed psychologist, or his or her  
               designee, to employ whatever psychological measuring  
               instruments or techniques deemed necessary to render a  
               professional opinion. 

             b)   If the applicant does not pass the assessment or falls  
               outside the range of acceptable results set by the provider  
               of the assessment, requires the certified firearms training  
               facility, upon request by the applicant, to forward the  
               response data to a psychologist licensed by the Board of  
               Psychology for evaluation.

             c)   Authorizes the applicant to choose the licensed  
               psychologist and bear the costs of the evaluation.  If the  
               applicant seeks employment with, or is employed by, a  
               licensee that has an established and approved process for  
               the Minnesota Multiphasic Personality Inventory (MMPI) or  
               other psychological evaluation, authorizes the applicant to  
               choose to submit the response data to a licensed  
               psychologist chosen by the licensee.  Authorizes a licensee  
               employing this process to bear the costs of the evaluation.  


             d)   Requires the psychologist to forward a written  
               psychological evaluation, on a prescribed form prescribed,  
               to the Bureau within 15 days of the evaluation, even if the  
               applicant is found to be psychologically at risk.  








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             e)   Authorizes the Bureau to utilize the results of the  
               psychological evaluation, which shall include assessment  
               measures used and the reason for their inclusion, for up to  
               six months from the date of the evaluation after which the  
               applicant shall be reexamined. 

             f)   Prohibits a person who has been found psychologically at  
               risk in the exercise of appropriate judgment, restraint, or  
               self-control from reapplying for a permit until one year  
               from the date of being found psychologically at risk.

             g)   Authorizes the Bureau to decide if the applicant shall  
               be administered an additional psychological evaluation  
               instrument after the discharge of a firearm, as specified,  
               in order to retain the firearms permit.

             h)   Exempts from this requirement peace officers, federal  
               law enforcement officers, and  security guards applying for  
               a renewal firearms permit whose employer verifies that the  
               applicant has been employed for at least five years in an  
               armed position during which the applicant has not had a  
               firearms incident or violent incident, as specified. 

          15)Requires both a security guard and his or her employer to  
            submit a written report to the Director of the DCA of any  
            incident involving the discharge of a firearm while he or she  
            is on duty.

          16)Requires the Bureau to conduct inspections of all firearms  
            training facilities in this state within 90 days after  
            issuance of a certificate to ensure compliance with applicable  
            Bureau requirements, rules, and regulations.  Authorizes the  
            Bureau to conduct inspections prior to the issuance of the  
            certificate, and requires the Bureau to maintain a program of  
            random and target inspections of facilities to ensure  
            compliance with applicable laws. 

          17)Exempts Federal Law Enforcement Officers from Bureau  








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            firearms, power to arrest, and baton training requirements if  
            he or she has already completed a course of study for each.

          18)Clarifies that private investigators who wish to carry a  
            concealed firearm must obtain and have on their person while  
            carrying out an investigation, both a Bureau issued firearms  
            permit as well as a Concealed Carry Weapons (CCW) permit.  

          19)Requires agreements entered into on or after January 1, 2016,  
            that contain an automatic renewal provision ("evergreen"  
            clause) to include a separate and clear disclosure advising  
            the consumer that the agreement he or she is entering into  
            contains an automatic renewal provision, as specified. 

          20)Updates the fine and citation structure for violations of  
            provisions in the Alarm Company Act, Private Investigator Act,  
            Private Security Services Act, and Collateral Recovery Act, as  
            specified.

          FISCAL EFFECT:  According to the Senate Appropriations Committee  
          analysis dated May 28, 2015, this bill will result in the  
          following costs:


           BSIS costs of approximately $300,000 annually, and 3 PY of  
            enforcement staff, to conduct compliance inspections of  
            firearms training facilities.  
           BSIS costs of approximately $131,000 annually, and 2 PY of  
            licensing staff, to process psychological examinations  
            submitted with Firearm Permit applications. 


           Prevents expenditures of approximately $12.1 million,  
            supporting 51.4 PY, and the collection of approximately $12.1  
            million in fee revenues, beyond January 1, 2020.


           Unknown penalty and fine revenue gains.









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          COMMENTS:  


          Purpose.  This bill is sponsored by the author.  According to  
          the Author, "This bill is necessary to extend the sunset date of  
          the [BSIS] in order to ensure continued oversight of alarm  
          companies and their employees, locksmiths, private  
          investigators, private security services, proprietary security  
          services, and repossessors."  


          Background.  The Bureau currently licenses about 380,000  
          companies and employees serving in the areas of alarm services,  
          locksmith services, private investigation, private security,  
          repossession, and firearm and baton training.  Based on the past  
          three fiscal years, the Bureau issues an average of 1,900  
          company licenses, 71,000 employee registrations, and 12,000  
          Bureau firearm permits. On average, the Bureau renews 9,500  
          company licenses, 105,000 employee registrations, and 11,500  
          Bureau firearm permits each year.


          Specifically, the Bureau regulates the following Acts: 1) Alarm  
          Company Act; 2) Locksmith Act; 3) Private Investigator Act; 4)  
          Private Security Services Act; 5) Proprietary Security Services  
          Act; and 6) Collateral Recovery Act.


          The following are some of the major issues pertaining to the  
          Bureau along with background information concerning the  
          particular issue.  Recommendations were made by Committee staff  
          regarding the particular issue areas which needed to be  
          addressed.

          Sunset Review of the Bureau.  Currently there is no sunset date  
          established for the Bureau or the six Acts which the Bureau  
          regulates.  The 2015 Sunset Hearing was the Bureau's first  
          Sunset Review.  The Bureau and DCA appear committed to working  








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          collaboratively with the Legislature and the Committees to find  
          solutions moving forward in the regulation of this important  
          industry and thus should have the opportunity to address new and  
          existing issues raised within the Bureau as well as from the  
          Committees.  This bill will subject the Bureau to review by the  
          appropriate policy committees of the Legislature by January 1,  
          2020, in order to address the issues raised within the Bureau  
          and by the appropriate policy committees.


          Mental Health Evaluations for Armed Guards.  Currently,  
          California does not require mental health examinations for armed  
          guards.  All applicant types, with the exception of proprietary  
          private security employers, must submit their fingerprints to  
          the Federal Bureau of Investigation and DOJ for a criminal  
          background check.  Guards who apply for a Bureau Firearm Permit  
          must submit a second set of fingerprints to obtain a DOJ Firearm  
          Eligibility Determination.  The DOJ Firearm Bureau then advises  
          the Bureau whether the individual may possess or is prohibited  
          from possessing a firearm based on the applicant's prior  
          criminal past or history of mental instability.  In addition,  
          Bureau staff checks the Bureau's application and enforcement  
          databases for any possible prior disciplinary actions, citations  
          issued, or investigations related to the applicant. The  
          application database is where Bureau enforcement staff would  
          note an application hold.  However, there is no national  
          database for disciplinary actions for the industries under the  
          Bureau's purview.


          Although it is true that the DOJ will alert the Bureau of an  
          applicant's past restraining orders, suicide attempts, and  
          psychiatric holds, there are some individuals that may have  
          existing psychological and mental health issues and may not be  
          getting the mental health resources they should be receiving.   
          The DOJ only alerts the Bureau if there are reports filed  
          against the applicant, but does not look into the applicant's  
          mental health background or past history due to HIPPA and  
          patient privacy issues.  








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          Part of the Bureau's process of investigation is initiated  
          through media reports.  There have been numerous reports by the  
          Center for Investigative Reporting that have highlighted that  
          the current process is not sufficient in addressing the mental  
          health needs and resources that armed guards need.  


          There are already many states that require some criteria for  
          mental health evaluations for their armed guards.  Oklahoma, New  
          Mexico, Delaware, and Pennsylvania all require applicants  
          applying to be a licensed armed guard to pass a mental health  
          examination.  This bill's provisions are modeled after  
          Oklahoma's requirement for a form to be submitted prior to  
          licensure.  South Carolina, Massachusetts, and Maine also  
          require applicants to sign a form authorizing regulators to  
          check their mental health records.  There is also currently a  
          petition to have federal standards for mandatory training,  
          mental health evaluations, reporting of records, and a national  
          database of armed guards and their gun usage.


          As a result of public safety concerns on the mental stability of  
          individuals working as armed guards, this bill will require  
          applicants to undergo a psychiatric evaluation.  According to  
          the author, "We would rather be proactive rather than reactive  
          to a situation involving the discharge of a firearm, especially  
          in regards to the public safety and these individuals who are  
          often placed in high stress and confrontational situations."


          Mandatory Reporting Requirements.  The Bureau is not required by  
          law to collect reports of shooting incidents involving armed  
          guards.  However, entities overseeing the actions of licensed  
          armed guards are required to submit these reports.  There is no  
          legal basis for the Bureau to collect reports of firearms  
          incidents involving arms guards.  









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          The Private Security Act requires security guards and their  
          licensed employer to report an incident within seven days of the  
          incident occurring.  The process of reporting an incident of an  
          altercation with an armed guard begins with a Report of Incident  
          Form (RIF).  After an RIF is submitted an investigation can be  
          initiated.  The Bureau will also initiate an investigation if it  
          receives information regarding an incident from law enforcement,  
          a complaint, or a media article.  After an investigation has  
          been completed the Bureau can file both an administrative action  
          and forward the case to the local District Attorney for  
          potential criminal actions.  If no criminal charges are pressed,  
          then the licensee involved in the incident is subject to have  
          their license revoked or suspended.  If criminal charges are  
          pressed, the Bureau will place a hold on the license until that  
          license expires.  The Bureau continues to pursue administrative  
          action against the guard even if the convicted person is  
          incarcerated, to revoke the license.  Administrative action by  
          the Bureau is made public on the Bureau's website upon the  
          filing of an accusation by the Attorney General's Office.


          It is unknown how many incidents that meet the criteria for  
          reporting are not reported to the Bureau since this is a process  
          that depends upon self-reporting. However, if an incident rises  
          to the level of a licensee, qualified manager, or registrant  
          being arrested, the Bureau should receive a subsequent arrest  
          report from the DOJ.  Specifically, the number of guard shooting  
          incidents is currently unknown because of this self-reporting  
          system and because the current Consumer Affairs System (CAS)  
          does not categorize reports based on the type of incident.   
          There is currently no consolidated database at the Bureau that  
          can supply quantifiable information as to the incident type in  
          which a report was filed.


          In the Bureau's response to the 2015 Sunset Report, the Bureau  
          states, "Because of the inability of the Bureau's current  
          enforcement system to uniquely capture data on firearm  








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          incidents, the Bureau recently began manually tacking the  
          violent incident reports and identified 54 from July 1, 2014 to  
          March 1, 205, of which 24 related to firearm discharges by an  
          armed guard.  Of these 24 cases, 11 are closed (two are pending  
          issuance of a citation and nine involved no violation).  Based  
          on the information gathered in the investigation on the  
          remaining 13 cases, the Bureau anticipates pursuing disciplinary  
          action on six."


          As a result of issues that have been raised about the  
          effectiveness of the self-reporting process for firearms  
          discharge incidents, this bill requires submission to the  
          Director of the DCA of a firearms incident report by both the  
          individual involved in the discharge incident as well as his or  
          her employer.


          Firearms Training Facilities Oversight.  Any institution, firm,  
          or individual seeking the Bureau's certification as a firearms  
          training facility must complete an application that includes: 1)  
          the name and location of the entity; 2) the places, days, and  
          times the course will be offered; 3) an estimate of the minimum  
          and maximum class size; 4) the location and description of the  
          range facilities; and 5) the names and certificate numbers of  
          the Bureau-certified firearms training instructors who will  
          teach the course.  In addition, each owner or principal of the  
          training facility business must complete a Bureau personal  
          identification application form, pay the specified certification  
          fee, and submit fingerprints.


          The initial and continued education firearms training course  
          offered by a Bureau-certified firearms training facility must  
          comply with the content and format specified in the Bureau's  
          Firearms Training Manual.  However, the firearm training  
          facility is not required to provide its specific course  
          materials to the Bureau for approval.









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          A Bureau-certified firearm or baton training facility, or  
          Bureau-approved school that provides training to private  
          proprietary security officers (PPSOs) or security guards does  
          not need to be approved by the Bureau of Private Postsecondary  
                                                                         Education (BPPE) in order to obtain the Bureau's certification  
          or approval, unless BPPE's law requires that they be approved.   
          The Bureau refers institutions to BPPE to verify their exemption  
          from BPPE's law.

          There is no statutory requirement for the Bureau to inspect the  
          approved schools and firearm/baton training facilities; however,  
          the Bureau has the discretionary authority to do so.  The Bureau  
          carried out a firearm training facility pilot program in Fiscal  
          Year 2012-13 and conducted 15 inspections, but due to staff and  
          workload issues, the inspections were discontinued.  However,  
          the firearm/baton training facilities and approved trainers are  
          inspected as part of an investigation in response to a  
          complaint.  The Bureau has the statutory authority to suspend or  
          revoke a firearm/baton training school's certification for  
          violations of the law. Also, the Bureau has the ability to  
          cancel the approval of an approved trainer.

          As a result of issues that have been raised about the  
          comprehensiveness of firearms training facilities in providing  
          adequate training to licensees who pursue a Bureau Firearm  
          Permit, this bill will require the Bureau to conduct inspections  
          of all firearms training facilities in the state of California  
          to ensure compliance with applicable Bureau requirements, rules,  
          and regulations.

          Training Exemptions for Federal Law Enforcement Officers.  The  
          Private Security Services Act exempts specified peace officers  
          from the firearm training required as a condition for issuance  
          of the Bureau's Firearms Permit.  Peace officers are already  
          required to complete firearms training through their employing  
          agency, hence the exemptions from the training required for  
          issuance of the Bureau's Firearms Permit.  California does not  
          recognize Federal Law Enforcement Officers as California peace  
          officers.  Therefore, any Federal Law Enforcement Officer would  








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          not qualify for the same exemptions mentioned above that  
          California peace officers would be eligible to receive even  
          though they are also already required to complete firearms  
          training through their employing agency.  This bill will exempt  
          Federal Law Enforcement Officers from Bureau firearms, power of  
          arrest, and baton required training courses if he or she has  
          already completed a course of study in each of these subjects.   
          This will make requirements and exemptions for Federal Law  
          Enforcement Officers consistent with requirements and exemptions  
          for California peace officers, whose prior training has been  
          determined as sufficient for licensure.


          Concealed Carry for PIs.  Currently, the BPC does not prohibit  
          PIs from carrying a concealed weapon while carrying out an  
          investigation covered by the Private Investigator Act.  However,  
          there is some concern about the transmittal of information from  
          the Bureau to licensees that a PI with a CCW permit may not  
          carry that concealed weapon while carrying out an investigation  
          covered by the Private Investigator Act.  This bill clarifies  
          that PIs who wish to carry a concealed firearm may do so if he  
          or she possesses both a Bureau Firearm Permit and a CCW permit  
          while carrying out an investigation.


          Evergreen Clause Disclosure.  Currently, Alarm Companies are  
          exempt from specific disclosure requirements regarding automatic  
          renewal provisions in their contracts, known as "Evergreen  
          Clauses".  This clause in the contract allows for automatic  
          renewal of the monitoring portion of the contract unless the  
          customer cancels the contract in writing by the date indicated  
          in the contractual agreement.  The Bureau has stated that it  
          receives approximately 70 complaints per year related to  
          Evergreen Clauses, which comprises 40% of all alarm company  
          complaints received.  Since these complaints involve a  
          contractual agreement, the Bureau states that is it frequently  
          limited in what it can do for the consumer.  This bill requires  
          alarm companies to give their customers specific disclosure  
          about any automatic renewal provisions in their contracts.








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          Cite and Fine Updates.  The Bureau issues citations and fines as  
          a means to encourage compliance with the laws and regulations of  
          the six acts within the Bureau's oversight authority.  Citations  
          are issued for the less egregious violations because the primary  
          intent is to encourage compliance as opposed to pursuing actions  
          to revoke or suspend licensure.  This bill updates the fine and  
          citation structure for violations of provisions in the Alarm  
          Company Act, Private Investigator Act, Private Security Services  
          Act, and Collateral Recovery Act in order to help the Bureau  
          better encourage compliance with existing laws and regulations.   



          Current Related Legislation.  SB 177 (Wiekowski) of the current  
          legislation session, extends the authorization of the Bureau to  
          issue an alarm company operator license to a limited liability  
          company (LLC) until January 1, 2019.  STATUS: This bill is in  
          the Assembly Appropriations Committee.  


          AB 281 (Gallagher) of the current legislation session,  
          establishes a Collateral Recovery Disciplinary Review Committee  
          (DRC) within the Bureau to review a request of a licensee to  
          contest an administrative fine or to appeal the denial of a  
          license; authorizes licensed repossessors to display a printout  
          of their registration or a screenshot of their registration from  
          the Bureau's website; and makes other clarifying changes.   
          STATUS: This bill is in the Senate Appropriations Committee.  


          AB 921 (Jones) of the current legislative session, establishes a  
          Private Investigator Disciplinary Review Committee (DRC) within  
          the Bureau to review a request of a licensee to contest an  
          administrative fine or to appeal the denial of a license, and  
          authorizes an applicant applying for an original license or  
          renewal of a license as a private investigator to put his or her  
          email address on the application at his or her discretion.   








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          STATUS: This bill is in the Senate Appropriations Committee.  


          AB 1042 (Cooper) of the current legislative session, expands the  
          definition of a proprietary private security officer (PSO) by  
          requiring only one of the two specified criteria to be met and  
          includes examples of a PSO's duties that are likely to involve  
          interacting with the public.  STATUS: This bill is in the Senate  
          Labor and Industrial Relations Committee.  


          AB 1097 (Holden) of the current legislative session, authorizes  
          alarm companies to distribute contracts to customers by  
          electronic means, as specified.  STATUS: This bill is in the  
          Senate Judiciary Committee.  


          POLICY ISSUES: 


          In response to concerns raised by licensed repossessors relating  
          to violations of the Act regarding the use of an alias, the  
          author may wish to specify instead that licensees may be fined  
          for using a business name other than the name under which the  
          license is issued. In addition, the author may wish to restore  
          the Bureau's ability to issue a notice of warning for a  
          violation, rather than automatically imposing a fine, as  
          specified.  The author may also seek to clarify that licensees  
          may be fined only for falsifying, rather than merely altering,  
          an inventory.  In addition, based on concerns that some of the  
          fine increases were too high, the author may wish to consider  
          reducing the fine amount for failing to file a required report  
          to one hundred dollars and delete the fee increase for specified  
          violations.  


          The author may also wish to specify, for purposes of firearms  
          permits, that if a firearms permit is denied, that the denial of  
          the permit shall be conducted in accordance with the  








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          Administrative Procedures Act.  The author may also wish to  
          clarify that exempt federal law enforcement officers are those  
          defined in federal law who have successfully completed a course  
          of study in the exercise of the power to arrest. 


          The author may also wish to consider extending the amount of a  
          time the Bureau has to inspect certified firearms training  
          facilities from 90 to 120 days to help the Bureau implement this  
          new requirement, and clarify that in addition to providing  
          notice of noncompliance to the facility, the Bureau may issue a  
          citation or take other disciplinary actions for violations. In  
          addition, the author may wish to increase fine amounts for  
          violations of alarm agents for failing to carry registration  
          from $100 to $150. 


          Lastly, the author may wish to clarify that the evergreen  
          disclosure shall also include an acknowledgement of notification  
          to be signed and dated by the consumer. 


          AMENDMENT(S):


          1)On page 4, line 29, strike:  alias  and insert:  a business name  
            other than the name under which the license is issued  
          2)On page 4, line 30, strike:  The fine shall be  and insert  At  
            the bureau's discretion, the bureau shall issue a notice of  
            warning or a fine of  


          3)On page 6, line 19, strike:  or alteration  


          4)On page 8, line 36, strike:  two hundred fifty dollars ($250)   
            and insert:  one hundred dollars ($100)  










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          5)On page 9, line 19, strike:  fifty dollars ($50)  and insert:  
             twenty five dollars ($25)


           6)On page 10, line 33, add new subdivisions: 


           (b) If a firearms permit is denied, the denial of the permit  
            shall be in writing and shall describe the basis for the  
            denial. The denial shall inform the applicant that if he or  
            she desires, they may request a hearing in accordance with the  
            provisions of Chapter 5 (commencing with Section 11500) of  
            Part 1 of Division 3 of Title 2 of the Government Code if he  
            or she wishes to contest the denial and if a hearing is not  
            requested, engaging in rehabilitation actions as specified by  
            the Bureau does not constitute an admission of the violation  
            charged.


          (c) The hearing shall be requested of the director within 30  
 
            days following notice of the issuance of the denial. However,  
 
            no hearing shall be granted to an individual who is otherwise  
 
            prohibited by law from carrying a firearm.

           

          7)Specify that federal law enforcement officers are those who  
            are  "as defined in subsection (c) of Section 926B of Title 18  
            of the United States Code who have successfully completed a  
            course of study in the exercise of the power to arrest."     
          8)On page 18, line 19, strike  90  and insert  120  


          9)On page 18, line 32, insert  In addition to the notice, the  
            bureau may issue a citation or take other disciplinary action  
            for violations of applicable laws and regulations.  








                                                                     SB 468


                                                                    Page  19







          10)On page 28, line 13, insert  The disclosure shall include an  
            acknowledgement of notification to be signed and dated by the  
            consumer.  An acknowledgement of notification with an original  
            signature is required for an automatic renewal provision to be  
            legally valid.  


          REGISTERED SUPPORT:


          None on file. 


          REGISTERED OPPOSITION:


          None on file. 


          Analysis Prepared by:Eunie Linden / B. & P. / (916) 319-3301