BILL ANALYSIS Ó
SB 468
Page 1
SENATE THIRD READING
SB
468 (Hill)
As Amended August 31, 2015
Majority vote
SENATE VOTE: 28-7
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Business & |11-3 |Bonilla, Baker, |Jones, Chang, Wilk |
|Professions | |Bloom, Campos, Dodd, | |
| | |Eggman, Gatto, | |
| | |Holden, Mullin, Ting, | |
| | |Wood | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |12-5 |Gomez, Bloom, Bonta, |Bigelow, Chang, |
| | |Calderon, Nazarian, |Gallagher, Jones, |
| | |Eggman, Eduardo |Wagner |
| | |Garcia, Holden, | |
| | |Quirk, Rendon, Weber, | |
| | |Wood | |
| | | | |
| | | | |
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SB 468
Page 2
SUMMARY: Subjects the Bureau of Security and Investigative
Services (Bureau) to review by the appropriate committees of the
Legislature as if its governing statutes were scheduled for
repeal on January 1, 2020, and makes changes to the Alarm
Company Act, Locksmith Act, Private Investigator Act, Private
Security Services Act, Proprietary Security Services Act, and
Collateral Recovery Act. Specifically, this bill:
1)Beginning July 1, 2017, requires each security guard who
applies for a firearm permit to complete a psychological
assessment to determine whether or not the applicant 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. Requires the Bureau
to contract with a third-party vendor to administer a
psychological assessment program, and requires an applicant to
complete a psychological evaluation if the psychological
assessment is inconclusive or determines that an applicant may
not be capable of exercising appropriate judgment, restraint,
and self-control, as specified.
2)Requires both a security guard and his or her employer to
submit a written report to the Bureau of any incident
involving the discharge of a firearm while he or she is on
duty.
3)Requires the Bureau to conduct inspections of all firearms
training facilities in this state to ensure compliance with
applicable Bureau requirements, rules, and regulations, as
specified.
4)Exempts federal qualified law enforcement officers from Bureau
firearms, power to arrest, and baton training requirements, as
specified.
SB 468
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5)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 permit.
6)Requires alarm system agreements or renewals 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.
7)Updates the fine and citation structure for violations of the
various acts.
FISCAL EFFECT: According to the Assembly Appropriations
Committee:
1)Ongoing costs to the Bureau of approximately $300,000 annually
(Private Security Services Fund), and 3 Personnel Year (PY) of
enforcement staff, to conduct compliance inspections of
firearms training facilities. The Bureau currently has 367
licensed firearm training facilities and assumes a 5% increase
annually.
2)Ongoing costs to the Bureau of approximately $354,000 annually
(Private Security Services Fund), and 3.6 PY of licensing
staff, to process psychological examinations submitted with
Firearm Permit applications. The Bureau receives an average
of 25,734 new and renewal applications each year and estimates
each evaluation will take about 15 minutes to review.
SB 468
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3)Onetime costs of approximately $397,000 to add psychological
testing and firearm inspection codes to the BreEZe system. The
Bureau anticipates these costs to be absorbable within
existing resources.
4)Unknown penalty and fine revenue gains (Private Security
Services Fund).
5)Staff notes that the Bureau has projected expenditures of
approximately $12.1 million (mainly from the Private Security
Services Fund) annually, supporting 51.4 PY. This is offset
by the collection of approximately $12.1 million in fee
revenues. Staff also notes that the Private Security Services
Fund and the Private Investigator Fund have revenues and
expenditures that are in balance, and both funds have healthy
reserves to fund the additional expenditures related to this
bill.
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. 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)
SB 468
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Collateral Recovery Act. 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.
This bill is one of several sunset review bills introduced this
year intended to provide continued oversight and accountability
to the many boards and bureaus under the Department of Consumer
Affairs (DCA).
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.
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 the Health
Insurance Portability and Accountability Act and patient privacy
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issues. 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. South Carolina, Massachusetts, and Maine also
require applicants to sign a form authorizing regulators to
check their mental health records.
Firearms Training Facilities Oversight. Any institution, firm,
or individual seeking the Bureau's certification as a firearms
training facility must complete a detailed application. 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 Bureau has the authority, but is not required, to inspect
the approved schools and firearm/baton training facilities. In
2012-13, the Bureau conducted 15 inspections, but due to staff
and workload issues, the inspections were discontinued; however,
training facilities and approved trainers are inspected in
response to complaints. 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
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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.
Analysis Prepared by:
Eunie Linden / B. & P. / (916) 319-3301 FN: 0001644