Bill Text: CA SB1454 | 2023-2024 | Regular Session | Amended
Bill Title: Bureau of Security and Investigative Services: sunset: limited liability companies: federally recognized tribes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-04-26 - Set for hearing May 6. [SB1454 Detail]
Download: California-2023-SB1454-Amended.html
|
Amended
IN
Senate
April 11, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 1454
| Introduced by Senator Ashby |
February 16, 2024 |
An act to amend Section 7593.5 of Sections 6981, 7511.5, 7512.3, 7512.14, 7512.15, 7520.3, 7525.1, 7529, 7533.5, 7538, 7538.5, 7539, 7573.5, 7574.01, 7574.14, 7576, 7580.3, 7582.7, 7583.47, 7585.3, 7585.11, 7587.11, 7588.8, 7593.1, 7593.5, 7599.345, and 7599.80 of, and to add Section 7580.15 to, the Business and Professions Code, relating to professions and vocations.
LEGISLATIVE COUNSEL'S DIGEST
SB 1454, as amended, Ashby.
Alarm company operators. Bureau of Security and Investigative Services: sunset: limited liability companies: federally recognized tribes.
Existing law establishes the Bureau of Security and Investigative Services within the Department of Consumer Affairs for purposes of regulating locksmiths, repossessors, private investigators, proprietary security services, private security services, and alarm company operators and alarm agents, under various acts. Existing law makes a violation of those acts a crime.
Under existing law, the powers and duties of the bureau under each of those acts are subject to review by the appropriate policy committees of the Legislature. Existing law requires the review to be performed as if the act were scheduled to be repealed on January 1, 2025.
This bill would extend that date to January 1, 2029.
Existing law, the Alarm Company Act, provides for the licensure and regulation of alarm company operators by the Bureau of Security and Investigative Services in the Department of Consumer Affairs. law authorizes a limited liability company to become licensed by the bureau as a private investigator or alarm company operator until January 1, 2025. Existing law prescribes requirements for an alarm company operator license for an applicant that is a limited liability company, including requiring the application to be subscribed, verified, and signed by a duly authorized member of the applicant under penalty of perjury. Existing law repeals the provisions establishing application requirements for limited liability companies on January 1, 2025.
This bill would extend the operation of those provisions until January 1, 2026. By extending the operation of a crime, the bill would impose a state-mandated local program. 2030.
Existing law, the Proprietary Security Services Act, prohibits a person from engaging in the business of a proprietary private security officer or a proprietary private security employer unless the person is registered with the Department of Consumer Affairs. Existing law excepts from its provisions certain entities, including a charitable philanthropic society or association and a peace officer in their official police uniform, as specified.
This bill would additionally except from its provisions a federally recognized tribe, as defined, or a security person employed by a federally recognized tribe.
Existing law, the Private Security Services Act, prohibits a person, as defined, from engaging in the business of private security services, as specified, unless the person is licensed under the act with the bureau. Existing law requires an application for licensure under the act to be verified and prescribes additional requirements if the applicant is, among others, an individual, a qualified manager, a partner of a partnership, or an officer of a corporation as specified. Under the act, any institution, firm, or individual wishing the approval of the bureau to offer certain training courses in the carrying and usage of firearms or batons is required to complete an application for certification, as specified.
This bill would
expand the definition of “person” under the act to include a federally recognized tribe. If an applicant for a license under the act is a federally recognized tribe, the bill would prescribe additional requirements for licensure, including that the application states the names and business addresses of those individuals authorized to submit the application on behalf of the federally recognized tribe, as specified. If a federally recognized tribe wishes the approval of the bureau to offer the firearms course or the baton course, the bill would require the tribe to also complete an application for certification, as specified.
By extending the operation of a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish
procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 6981 of the Business and Professions Code is amended to read:6981.
Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1,SEC. 2.
Section 7511.5 of the Business and Professions Code is amended to read:7511.5.
Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1,SEC. 3.
Section 7512.3 of the Business and Professions Code, as amended by Section 18 of Chapter 625 of the Statutes of 2022, is amended to read:7512.3.
(a) As used in this chapter, “person” includes any individual, firm, company, limited liability company, association, organization, partnership, and corporation.(b) This section shall remain in effect only until January 1, 2025, 2030, and as of that date is repealed.
SEC. 4.
Section 7512.3 of the Business and Professions Code, as amended by Section 19 of Chapter 625 of the Statutes of 2022, is amended to read:7512.3.
(a) As used in this chapter, “person” includes any individual, firm, company, association, organization, partnership, and corporation.(b) This section shall become operative on January 1, 2025. 2030.
SEC. 5.
Section 7512.14 of the Business and Professions Code is amended to read:7512.14.
(a) As used in this chapter, “member” means an individual who is a member of a limited liability company as specified in Section 17704.01 of the Corporations Code.(b) This section shall remain in effect only until January 1, 2025, 2030, and as of that date is repealed.
SEC. 6.
Section 7512.15 of the Business and Professions Code is amended to read:7512.15.
(a) As used in this chapter, “manager” means an individual designated under an operating agreement of a manager-managed limited liability company who is responsible for performing the management functions for the limited liability company specified in subdivision (c) of Section 17704.07 of the Corporations Code.(b) This section shall remain in effect only until January 1, 2025, 2030, and as of that date is repealed.
SEC. 7.
Section 7520.3 of the Business and Professions Code is amended to read:7520.3.
(a) As a condition of the issuance, reinstatement, reactivation, or continued valid use of a license under this chapter, a limited liability company shall, in accordance with this section, maintain a policy or policies of insurance against liability imposed on or against it by law for damages arising out of claims based upon acts, errors, or omissions arising out of the private investigator services it provides.(b) The total aggregate limit of liability under the policy or policies of insurance required under this section shall be as follows:
(1) For a limited liability company licensee with five or fewer persons named as members pursuant to subdivision (i) of Section 7525.1, the aggregate limit
shall not be less than one million dollars ($1,000,000).
(2) For a limited liability company licensee with more than five persons named as members pursuant to subdivision (i) of Section 7525.1, an additional one hundred thousand dollars ($100,000) of insurance shall be obtained for each person named as members of the licensee except that the maximum amount of insurance is not required to exceed five million dollars ($5,000,000) in any one designated period, less amounts paid in defending, settling, or discharging claims as set forth under this section.
(c) Prior to the issuance, reinstatement, or reactivation of a limited liability company license as provided under this chapter, the applicant or licensee shall, in the manner prescribed by the bureau, submit the information and documentation required by this section and requested by the bureau, demonstrating compliance with the
financial security requirements specified by this section.
(d) For any insurance policy secured by a licensee in satisfaction of this section, a Certificate of Liability Insurance, signed by an authorized agent or employee of the insurer, shall be submitted electronically or otherwise to the bureau. The insurer issuing the certificate shall report to the bureau the following information for any policy required under this section: name, license number, policy number, dates that coverage is scheduled to commence and lapse, and cancellation date if applicable. The insurer shall list the bureau as the certificate holder for the purposes of receiving notifications related to the policy’s status.
(e) (1) If a licensee fails to maintain sufficient insurance as required by this section, or fails to provide proof of the required insurance upon request by the bureau,
the license is subject to suspension and shall be automatically suspended pursuant to this subdivision until the date that the licensee provides proof to the bureau of compliance with the insurance coverage requirement.
(2) Prior to an automatic suspension, the bureau shall notify the licensee, in writing, that it has 30 days to provide proof to the bureau of having the required insurance or the license shall be automatically suspended.
(3) If the licensee fails to provide proof of insurance coverage within this period, the bureau may automatically suspend the license.
(f) If the license of a limited liability company is suspended pursuant to subdivision (e), each member of the limited liability company shall be personally liable up to one million dollars ($1,000,000) each for damages resulting to third parties in
connection with the company’s performance, during the period of suspension, of any act or contract when a license is required by this chapter.
(g) A licensee organized as a limited liability company shall report annually to the bureau the date and amount of any claims paid during the prior calendar year from any general liability insurance policy held pursuant to this section. The licensee shall report the information on a form provided by the bureau. The licensee shall report the claim information no later than March 1. The creation of the form shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(h) This section shall remain in effect only until January 1, 2025,
2030, and as of that date is repealed.
SEC. 8.
Section 7525.1 of the Business and Professions Code, as amended by Section 23 of Chapter 625 of the Statutes of 2022, is amended to read:7525.1.
An application shall be verified and shall include:(a) The full name and business address of the applicant.
(b) The name under which the applicant intends to do business.
(c) A statement as to the general nature of the business in which the applicant intends to engage.
(d) A verified statement of their experience qualifications.
(e) (1) If the applicant is an individual, a qualified manager, a partner of a partnership, an officer of a corporation designated in subdivision (h), or a member, officer, or
manager of a limited liability company designated in subdivision (i), one personal identification form provided by the bureau upon which shall appear a photograph taken within one year immediately preceding the date of the filing of the application together with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, on a form approved by the Department of Justice, and a personal description of each person, respectively. The identification form shall include residence addresses and employment history for the previous five years and be signed under penalty of perjury.
(2) The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants, excluding those submitted into an electronic fingerprint system using electronic fingerprint technology.
(f) In addition, if the applicant for a license is an individual, the application shall list all other names known as or used during the past 10 years and shall state that the applicant is to be personally and actively in charge of the business for which the license is sought. If any other qualified manager is to be actively in charge of the business, the application shall be subscribed, verified, and signed by the applicant, under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person under penalty of perjury.
(g) If the applicants for a license are copartners, the application shall state the true names and addresses of all partners and the name of the partner to be actively in charge of the business for which the license is sought and list all other names known as or used during the past 10 years. If a qualified manager
other than a partner is to be actively in charge of the business, then the application shall be subscribed, verified, and signed by all of the partners under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person, under penalty of perjury, under penalty of perjury by all of the partners and the qualified manager, or by all of the partners or the qualified manager.
(h) If the applicant for a license is a corporation, the application shall state the true names and complete residence addresses of the chief executive officer, secretary, chief financial officer, and any other corporate officer who will be active in the business to be licensed. The application shall also state the name and address of the designated person to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and
signed by a duly authorized officer of the applicant and by the qualified manager thereof, under penalty of perjury.
(i) If the applicant for a license is a limited liability company, the application shall state the true name and complete residence address of each member, manager, and any officer who will be active in the business to be licensed. A certified copy of the articles of organization, as filed by the Secretary of State, shall be supplied to the bureau upon request. In the case of a manager-managed limited liability company, the application shall be subscribed, verified, and signed by a manager; otherwise, in the case of a member-managed limited liability company, the application shall be subscribed, verified, and signed by a duly authorized member of the applicant and by the qualified manager thereof. The application shall also state whether any of the members, managers, officers, or the qualified manager has ever used an alias.
(j) Any other information, evidence, statements, or documents as may be required by the director.
(k) At the discretion of the applicant, a valid email address.
(l) This section shall remain in effect only until January 1, 2025, 2030, and as of that date is repealed.
SEC. 9.
Section 7525.1 of the Business and Professions Code, as amended by Section 24 of Chapter 625 of the Statutes of 2022, is amended to read:7525.1.
An application shall be verified and shall include:(a) The full name and business address of the applicant.
(b) The name under which the applicant intends to do business.
(c) A statement as to the general nature of the business in which the applicant intends to engage.
(d) A verified statement of their experience qualifications.
(e) (1) If the applicant is an individual, a qualified manager, a partner of a partnership, or an officer of a corporation designated in subdivision (h), one personal
identification form provided by the bureau upon which shall appear a photograph taken within one year immediately preceding the date of the filing of the application together with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, on a form approved by the Department of Justice, and a personal description of each person, respectively. The identification form shall include residence addresses and employment history for the previous five years and be signed under penalty of perjury.
(2) The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants, excluding those submitted into an electronic fingerprint system using electronic fingerprint technology.
(f) In addition, if the applicant for a license is an individual, the
application shall list all other names known as or used during the past 10 years and shall state that the applicant is to be personally and actively in charge of the business for which the license is sought. If any other qualified manager is to be actively in charge of the business, the application shall be subscribed, verified, and signed by the applicant, under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person under penalty of perjury.
(g) If the applicants for a license are copartners, the application shall state the true names and addresses of all partners and the name of the partner to be actively in charge of the business for which the license is sought and list all other names known as or used during the past 10 years. If a qualified manager other than a partner is to be actively in charge of the business, then the application
shall be subscribed, verified, and signed by all of the partners under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed under penalty of perjury by that person, by all of the partners and the qualified manager, or by all of the partners or the qualified manager.
(h) If the applicant for a license is a corporation, the application shall state the true names and complete residence addresses of the chief executive officer, secretary, chief financial officer, and any other corporate officer who will be active in the business to be licensed. The application shall also state the name and address of the designated person to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by a duly authorized officer of the applicant and by the qualified manager thereof, under penalty of
perjury.
(i) Any other information, evidence, statements, or documents as may be required by the director.
(j) At the discretion of the applicant, a valid email address.
(k) This section shall become operative on January 1, 2025. 2030.
SEC. 10.
Section 7529 of the Business and Professions Code, as amended by Section 25 of Chapter 625 of the Statutes of 2022, is amended to read:7529.
(a) (1) Upon the issuance of and with each biennial renewal of a license, a license in the form of an enhanced photo identification card of the size, design, and content as may be determined by the director or the director’s designee shall be issued by the bureau to each licensee, as follows:(A) If the licensee is an individual, the enhanced photo identification card shall be issued to the licensee and to the licensee’s qualified manager.
(B) If the licensee is a partnership, the enhanced photo identification card shall be issued to each partner of the partnership licensee active in the business and to the licensee’s qualified manager.
(C) If the licensee is a corporation, the enhanced photo identification card shall be issued to each officer active in the business and to the licensee’s qualified manager.
(D) If the licensee is a limited liability company, the enhanced photo identification card shall be issued to each member, officer, and manager of the licensee active in the business and to the licensee’s qualified manager.
(2) The enhanced photo identification card is evidence that the licensee is licensed pursuant to this chapter. The card shall contain the name of the licensee, license expiration date, and a photograph of the licensee. The enhanced photo identification card shall clearly state that the person is licensed as a private investigator or is the qualified manager or officer of the licensee. The enhanced photo identification card is to
be composed of a durable material and may incorporate technologically advanced security features. The bureau may recover its costs in an amount sufficient to reimburse the department’s costs for furnishing the enhanced photo identification card. The fee charged shall not exceed the actual direct costs for system development, maintenance, and processing necessary to provide this service. The total amount of costs shall be recovered by including that amount in the fee charged for the initial application of and renewal of licensure. When the position, office, or association with a licensee belonging to a person to whom a card is issued is terminated, the person shall surrender the card to the licensee and, within five days thereafter, the licensee shall mail or deliver the card to the bureau for cancellation. Every person, while engaged in any activity for which licensure is required, shall display the person’s valid enhanced photo identification card as provided by regulation.
(b) This section shall remain in effect only until January 1, 2025, 2030, and as of that date is repealed.
SEC. 11.
Section 7529 of the Business and Professions Code, as amended by Section 4 of Chapter 571 of the Statutes of 2023, is amended to read:7529.
(a) Upon the issuance of and with each biennial renewal of a license, a license in the form of an enhanced photo identification card of the size, design, and content as may be determined by the director or the director’s designee shall be issued by the bureau to each licensee, as follows:(1) If the licensee is an individual, the enhanced photo identification card shall be issued to the licensee and to the licensee’s qualified manager.
(2) If the licensee is a partnership, the enhanced photo identification card shall be issued to each partner of the partnership licensee active in the business and to the licensee’s qualified manager.
(3) If the licensee is a corporation, the enhanced photo identification card shall be issued to each officer active in the business and to the licensee’s qualified manager.
(4) If a licensee holds a qualified manager license, the enhanced photo identification card shall be issued to the qualified manager licensee.
(b) The enhanced photo identification card is evidence that the licensee is licensed pursuant to this chapter. The card shall contain the name of the licensee, license expiration date, and a photograph of the licensee. The enhanced photo identification card shall clearly state that the person is licensed as a private investigator or is the qualified manager or officer of the licensee. The enhanced photo identification card is to be composed of a durable material and may incorporate technologically advanced security features. The bureau may recover its costs
in an amount sufficient to reimburse the department’s costs for furnishing the enhanced photo identification card. The fee charged shall not exceed the actual direct costs for system development, maintenance, and processing necessary to provide this service. The total amount of costs shall be recovered by including that amount in the fee charged for the initial application of and renewal of licensure. When the position, office, or association with a licensee belonging to a person to whom a card is issued is terminated, the person shall surrender the card to the licensee and, within five days thereafter, the licensee shall mail or deliver the card to the bureau for cancellation. Every person, while engaged in any activity for which licensure is required, shall display the person’s valid enhanced photo identification card as provided by regulation.
(c) This section shall become operative on January 1, 2025.
2030.
SEC. 12.
Section 7533.5 of the Business and Professions Code, as amended by Section 27 of Chapter 625 of the Statutes of 2022, is amended to read:7533.5.
(a) A licensee shall notify the bureau within 30 days of any change in its corporate officers required to be named pursuant to subdivision (h) of Section 7525.1 or members or managers required to be named pursuant to subdivision (i) of Section 7525.1, and of any addition of a new partner.(b) Applications, on forms prescribed by the director, shall be submitted by all new officers, members or managers, and partners. The director may suspend or revoke a license issued under this chapter if the director determines that the new officer, member or manager, or partner of a licensee has committed any of the acts constituting grounds to deny an application for a license or to take disciplinary action against a licensee pursuant to Section 7538 or 7538.5,
respectively.
(c) This section shall remain in effect only until January 1, 2025, 2030, and as of that date is repealed.
SEC. 13.
Section 7533.5 of the Business and Professions Code, as amended by Section 28 of Chapter 625 of the Statutes of 2022, is amended to read:7533.5.
(a) A licensee shall notify the bureau within 30 days of any change in its corporate officers required to be named pursuant to subdivision (h) of Section 7525.1, and of any addition of a new partner.(b) Applications, on forms prescribed by the director, shall be submitted by all new officers and partners. The director may suspend or revoke a license issued under this chapter if the director determines that the new officer or partner of a licensee has committed any of the acts constituting grounds to deny an application for a license or to take disciplinary action against a licensee pursuant to Section 7538 or 7538.5, respectively.
(c) This section shall become operative on January 1, 2025.
2030.
SEC. 14.
Section 7538 of the Business and Professions Code, as amended by Section 29 of Chapter 625 of the Statutes of 2022, is amended to read:7538.
(a) After a hearing the director may deny a license unless the applicant makes a showing satisfactory to the director that the applicant, if an individual, and the applicant’s qualified manager have not, or, if the applicant is a person other than an individual, that its qualified manager and each of its officers, partners, members, or managers have not:(1) Committed any act that, if committed by a licensee, would be a ground for the suspension or revocation of a license under this chapter.
(2) Committed any act constituting dishonesty or fraud.
(3) Committed any act or crime constituting grounds for denial of licensure under Section
480, including illegally using, carrying, or possessing a deadly weapon.
(4) Been refused a license under this chapter or had a license revoked.
(5) Been an officer, partner, qualified manager, member, or manager of any person who has been refused a license under this chapter or whose license has been revoked.
(6) While unlicensed committed, or aided and abetted the commission of, any act for which a license is required by this chapter.
(7) Knowingly made any false statement in their application.
(b) This section shall remain in effect only until January 1, 2025,
2030, and as of that date is repealed.
SEC. 15.
Section 7538 of the Business and Professions Code, as amended by Section 30 of Chapter 625 of the Statutes of 2022, is amended to read:7538.
(a) After a hearing the director may deny a license unless the applicant makes a showing satisfactory to the director that the applicant, if an individual, and the applicant’s qualified manager have not, or, if the applicant is a person other than an individual, that its qualified manager and each of its officers and partners have not:(1) Committed any act that, if committed by a licensee, would be a ground for the suspension or revocation of a license under this chapter.
(2) Committed any act constituting dishonesty or fraud.
(3) Committed any act or crime constituting grounds for denial of licensure under Section 480, including
illegally using, carrying, or possessing a deadly weapon.
(4) Been refused a license under this chapter or had a license revoked.
(5) Been an officer, partner, or qualified manager of any person who has been refused a license under this chapter or whose license has been revoked.
(6) While unlicensed committed, or aided and abetted the commission of, any act for which a license is required by this chapter.
(7) Knowingly made any false statement in their application.
(b) This section shall become operative on January 1, 2025.
2030.
SEC. 16.
Section 7538.5 of the Business and Professions Code, as amended by Section 31 of Chapter 625 of the Statutes of 2022, is amended to read:7538.5.
(a) The director may refuse to issue any license provided for in this chapter to any of the following:(1) An individual who has had any license revoked, has a license currently under suspension, or failed to renew their license while under suspension.
(2) An individual who, while acting as a partner of a partnership, an officer or director of a corporation, or a member, manager, or officer of a limited liability company, had their license revoked, has a license currently under suspension, or failed to renew their license while under suspension.
(3) An individual who, while acting as a partner of the partnership, an officer, director
of the corporation, or a member, manager, or officer of a limited liability company meets both of the following conditions:
(A) The individual was a partner of any partnership, an officer or director of any corporation, or a member, manager, or officer of any limited liability company whose license was revoked, is currently under suspension, or was not renewed while under suspension.
(B) While acting as a partner, officer, director, member, or manager, they participated in any of the prohibited acts for which the license was revoked or suspended.
(4) An individual who is serving or has served as the qualified manager for any licensee that has had its license revoked, is currently under suspension, or failed to renew while under suspension.
(b) This
section shall remain in effect only until January 1, 2025, 2030, and as of that date is repealed.
SEC. 17.
Section 7538.5 of the Business and Professions Code, as amended by Section 32 of Chapter 625 of the Statutes of 2022, is amended to read:7538.5.
(a) The director may refuse to issue any license provided for in this chapter to any of the following:(1) An individual who has had any license revoked, has a license currently under suspension, or failed to renew their license while under suspension.
(2) An individual who, while acting as a partner of a partnership, or an officer or director of a corporation, had their license revoked, has a license currently under suspension, or failed to renew their license while under suspension.
(3) An individual, who, while acting as a partner of the partnership, or an officer or director of the corporation, meets both of the following
conditions:
(A) The individual was a partner of any partnership, or an officer or director of any corporation, whose license was revoked, is currently under suspension, or was not renewed while under suspension.
(B) The individual, while acting as a partner, officer, or director, participated in any of the prohibited acts for which the license was revoked or suspended.
(4) An individual who is serving or has served as the qualified manager for any licensee that has had its license revoked, is currently under suspension, or failed to renew while under suspension.
(b) This section shall become operative on January 1, 2025.
2030.
SEC. 18.
Section 7539 of the Business and Professions Code, as amended by Section 33 of Chapter 625 of the Statutes of 2022, is amended to read:7539.
(a) Any licensee or officer, director, partner, member, manager, or qualified manager of a licensee may divulge to any law enforcement officer or district attorney, or their representative, any information they may acquire as to any criminal offense, but they shall not divulge to any other person, except as otherwise required by law, any information acquired by them except at the direction of the employer or client for whom the information was obtained.(b) A licensee or officer, director, partner, member, manager, qualified manager, or employee of a licensee shall not knowingly make any false report to their employer or client for whom information was being obtained.
(c) A written report shall not
be submitted to a client except by the licensee, qualified manager, or a person authorized by one or either of them, and the person submitting the report shall exercise diligence in ascertaining whether or not the facts and information in the report are true and correct.
(d) A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee shall not use a badge in connection with the official activities of the licensee’s business.
(e) A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee, shall not use a title, or wear a uniform, or use an insignia, or use an identification card, or make any statement with the intent to give an impression that they are connected in any way with the federal government, a state government, or any political subdivision of a state government.
(f) A licensee, or officer, partner, manager, member, qualified manager, or employee of a licensee shall not use any identification to indicate that they are licensed as a private investigator other than the official identification card issued by the bureau or the business card regularly used by the business. However, a licensee may issue an employer identification card.
(g) A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee, shall not enter any private building or portion thereof, except premises commonly accessible to the public, without the consent of the owner or of the person in legal possession thereof.
(h) A licensee shall not permit an employee or agent in their own name to advertise, engage clients, furnish reports or present bills to clients, or in any
manner conduct business for which a license is required under this chapter. All business of the licensee shall be conducted in the name of and under the control of the licensee.
(i) A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee shall not knowingly and directly solicit employment from any person who has directly sustained bodily injury or from that person’s spouse or other family member to obtain authorization on behalf of the injured person as an investigator to investigate the accident or act that resulted in injury or death to that person or damage to the property of that person. Nothing in this subdivision shall prohibit the soliciting of employment from that injured person’s attorney, insurance company, self-insured administrator, insurance adjuster, employer, or any other person having an indirect interest in the investigation of the injury. This subdivision shall not apply to any
business agent or attorney employed by a labor organization. A licensee, or officer, director, partner, manager, member, or qualified manager of a licensee shall not pay or compensate any of their employees or agents on the basis of a bonus, bounty, or quota system whereby a premium is placed on the number of employer or client rule violations or infractions purportedly discovered as a result of any investigation made by a licensee.
(j) A licensee shall not use a fictitious business name in connection with the official activities of the licensee’s business, except as provided by the bureau.
(k) This section shall remain in effect only until January 1, 2025, 2030, and as of that
date is repealed.
SEC. 19.
Section 7539 of the Business and Professions Code, as amended by Section 34 of Chapter 625 of the Statutes of 2022, is amended to read:7539.
(a) A licensee or officer, director, partner, or qualified manager of a licensee may divulge to any law enforcement officer or district attorney, or their representative, any information they may acquire as to any criminal offense, but they shall not divulge to any other person, except as otherwise required by law, any information acquired by them except at the direction of the employer or client for whom the information was obtained.(b) A licensee or officer, director, partner, qualified manager, or employee of a licensee shall not knowingly make any false report to their employer or client for whom information was being obtained.
(c) A written report shall not be submitted to a client except by
the licensee, qualified manager, or a person authorized by one or either of them, and the person submitting the report shall exercise diligence in ascertaining whether or not the facts and information in the report are true and correct.
(d) A licensee, or officer, director, partner, qualified manager, or employee of a licensee shall not use a badge in connection with the official activities of the licensee’s business.
(e) A licensee, or officer, director, partner, qualified manager, or employee of a licensee, shall not use a title, or wear a uniform, or use an insignia, or use an identification card, or make any statement with the intent to give an impression that they are connected in any way with the federal government, a state government, or any political subdivision of a state government.
(f) A licensee, or
officer, partner, qualified manager, or employee of a licensee shall not use any identification to indicate that they are licensed as a private investigator other than the official identification card issued by the bureau or the business card regularly used by the business. However, a licensee may issue an employer identification card.
(g) A licensee, or officer, director, partner, qualified manager, or employee of a licensee, shall not enter any private building or portion thereof, except premises commonly accessible to the public, without the consent of the owner or of the person in legal possession thereof.
(h) A licensee shall not permit an employee or agent in their own name to advertise, engage clients, furnish reports or present bills to clients, or in any manner conduct business for which a license is required under this chapter. All business of the licensee shall be
conducted in the name of and under the control of the licensee.
(i) A licensee, or officer, director, partner, qualified manager, or employee of a licensee, shall not knowingly and directly solicit employment from any person who has directly sustained bodily injury or from that person’s spouse or other family member to obtain authorization on behalf of the injured person as an investigator to investigate the accident or act that resulted in injury or death to that person or damage to the property of that person. This subdivision does not prohibit the soliciting of employment from that injured person’s attorney, insurance company, self-insured administrator, insurance adjuster, employer, or any other person having an indirect interest in the investigation of the injury. This subdivision does not apply to any business agent or attorney employed by a labor organization. A licensee, officer, director, partner, or qualified manager of a licensee
shall not pay or compensate any of their employees or agents on the basis of a bonus, bounty, or quota system whereby a premium is placed on the number of employer or client rule violations or infractions purportedly discovered as a result of any investigation made by a licensee.
(j) A licensee shall not use a fictitious business name in connection with the official activities of the licensee’s business, except as provided by the bureau.
(k) This section shall become operative on January 1, 2025. 2030.
SEC. 20.
Section 7573.5 of the Business and Professions Code is amended to read:7573.5.
Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1,SEC. 21.
Section 7574.01 of the Business and Professions Code is amended to read:7574.01.
For the purposes of this chapter, the following terms shall have the following meanings:(a) “Bureau” means the Bureau of Security and Investigative Services.
(b) “Chief” means the Chief of the Bureau of Security and Investigative Services.
(c) “Director” means the Director of Consumer Affairs, unless the context indicates otherwise.
(d) “Federally recognized tribe” means a tribe located in this state and included on the list published in the Federal Register pursuant to the Federally Recognized Indian Tribe
List Act of 1994 (25 U.S.C. Sec. 5131) and includes an entity controlled by and established for the benefit of one or more tribes.
(d)
(e) “Person” includes any individual, firm, company, association, organization, partnership, and corporation.
(e)
(f) “Proprietary private security employer” means a person who has
one or more employees who provide security services for the employer and only for the employer. A person who employs proprietary private security officers pursuant to this chapter at more than one location shall be considered a single employer.
(f)
(g) “Proprietary private security officer” means an unarmed individual who is employed exclusively by any one employer whose primary duty is to provide security services for his or her their employer, whose services are not contracted to any
other entity or person, and who is not exempt pursuant to Section 7582.2, and who meets both of the following criteria:
(1) Is required to wear a distinctive uniform clearly identifying the individual as a security officer.
(2) Is likely to interact with the public while performing his or her their duties.
(g)
(h) “Registrant” means an individual registered
with the bureau under this chapter.
SEC. 22.
Section 7574.14 of the Business and Professions Code is amended to read:7574.14.
This chapter shall not apply to the following:(a) An officer or employee of the United States of America, or of this state or a political subdivision thereof, while the officer or employee is engaged in the performance of their official duties, including uniformed peace officers employed part time by a public agency pursuant to a written agreement between a chief of police or sheriff and the public agency, provided the part-time employment does not exceed 50 hours in a calendar month.
(b) A person engaged exclusively in the business of obtaining and furnishing information as to the financial rating of persons.
(c) A charitable philanthropic society or
association incorporated under the laws of this state that is organized and duly maintained for the public good and not for private profit.
(d) Patrol special police officers appointed by the police commission of a city, county, or city and county under the express terms of its charter who also under the express terms of the charter (1) are subject to suspension or dismissal after a hearing on charges duly filed with the commission after a fair and impartial trial, (2) must be not less than 18 years of age nor more than 40 years of age, (3) must possess physical qualifications prescribed by the commission, and (4) are designated by the police commission as the owners of a certain beat or territory as may be fixed from time to time by the police commission.
(e) An attorney at law in performing their duties as an attorney at law.
(f) A collection agency or an employee thereof while acting within the scope of their employment, while making an investigation incidental to the business of the agency, including an investigation of the location of a debtor or their property where the contract with an assignor creditor is for the collection of claims owed or due or asserted to be owed or due or the equivalent thereof.
(g) Admitted insurers and agents and insurance brokers licensed by the state, performing duties in connection with insurance transacted by them.
(h) A bank subject to the jurisdiction of the Commissioner of Financial Protection and Innovation under Division 1.1 (commencing with Section 1000) of the Financial Code or the Comptroller of the Currency of the United States.
(i) A person engaged solely in the business of
securing information about persons or property from public records.
(j) A peace officer of this state or a political subdivision thereof while the peace officer is employed by a private employer to engage in off-duty employment in accordance with Section 1126 of the Government Code. However, nothing herein shall exempt such a peace officer who either contracts for their services or the services of others as a private patrol operator or contracts for their services as or is employed as an armed private security officer. For purposes of this subdivision, “armed security officer” means an individual who carries or uses a firearm in the course and scope of that contract or employment.
(k) A retired peace officer of the state or political subdivision thereof when the retired peace officer is employed by a private employer in employment approved by the chief law enforcement officer of
the jurisdiction where the employment takes place, provided that the retired officer is in a uniform of a public law enforcement agency, has registered with the bureau on a form approved by the director, and has met any training requirements or their equivalent as established for security personnel under Section 7583.5. This officer may not carry an unloaded and exposed handgun unless the officer is exempted under the provisions of Article 2 (commencing with Section 26361) of Chapter 6 of Division 5 of Title 4 of Part 6 of the Penal Code, may not carry an unloaded firearm that is not a handgun unless the officer is exempted under the provisions of Article 2 (commencing with Section 26405) of Chapter 7 of Division 5 of Title 4 of Part 6 of the Penal Code, and may not carry a loaded or concealed firearm unless the officer is exempted under the provisions of Sections 25450 to 25475, inclusive, of the Penal Code or Sections 25900 to 25910, inclusive, of the Penal Code or has met the requirements set forth in
subdivision (d) of Section 26030 of the Penal Code. However, nothing herein shall exempt the retired peace officer who contracts for their services or the services of others as a private patrol operator.
(l) A licensed insurance adjuster in performing their duties within the scope of their license as an insurance adjuster.
(m) A savings association subject to the jurisdiction of the Commissioner of Financial Protection and Innovation or the Office of the Comptroller of the Currency.
(n) A secured creditor engaged in the repossession of the creditor’s collateral and a lessor engaged in the repossession of leased property in which it claims an interest.
(o) A peace officer in their official police uniform acting in accordance with subdivisions (c) and (d)
of Section 70 of the Penal Code.
(p) An unarmed, uniformed security person employed exclusively and regularly by a motion picture studio facility employer who does not provide contract security services for other entities or persons in connection with the affairs of that employer only and where there exists an employer-employee relationship if that person at no time carries or uses a deadly weapon, as defined in subdivision (a), in the performance of their duties, which may include, but are not limited to, the following business purposes:
(1) The screening and monitoring access of employees of the same employer.
(2) The screening and monitoring access of prearranged and preauthorized invited guests.
(3) The screening and monitoring of vendors and
suppliers.
(4) Patrolling the private property facilities for the safety and welfare of all who have been legitimately authorized to have access to the facility.
(q) An armored contract carrier operating armored vehicles pursuant to the authority of the Department of the California Highway Patrol or the Public Utilities Commission, or an armored vehicle guard employed by an armored contract carrier.
(r) A federally recognized tribe or a security person employed by a federally recognized tribe.
SEC. 23.
Section 7576 of the Business and Professions Code is amended to read:7576.
Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1,SEC. 24.
Section 7580.3 of the Business and Professions Code is amended to read:7580.3.
As used in this chapter, “person” includes any individual, firm, company, association, organization, partnership,SEC. 25.
Section 7580.15 is added to the Business and Professions Code, to read:7580.15.
(a) As used in this chapter, “federally recognized tribe” means a tribe located in this state and included on the list published in the Federal Register pursuant to the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. Sec. 5131) and includes an entity controlled by and established for the benefit of one or more tribes.(b) Nothing in this chapter is intended to infringe upon or diminish the existing rights, privileges, and immunities of federally recognized tribes as set forth in federal, state, or tribal law, or the jurisdiction of those federally recognized tribes.
(c) Nothing in this chapter, whether express or implied, shall confer upon the bureau or director
any rights or authority to regulate any activity within the jurisdiction of a federally recognized tribe.
SEC. 26.
Section 7582.7 of the Business and Professions Code is amended to read:7582.7.
An application shall be verified and shall include:(a) The full name and business address of the applicant.
(b) The name under which the applicant intends to do business.
(c) A statement as to the general nature of the business in which the applicant intends to engage.
(d) A statement as to the type of license for which the applicant is applying.
(e) A verified statement of his or her
the applicant’s experience qualifications.
(f) (1) If the applicant is an individual, a qualified manager, partner of a partnership, or officer of a corporation designated in subdivision (i), one personal identification form provided by the bureau upon which shall appear a photograph taken within one year immediately preceding the date of the filing of the application together with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, on a form approved by the Department of Justice, and a personal description of each person, respectively. The identification form shall include residence addresses and employment history for the previous five years and be signed under penalty of perjury.
(2) The bureau may impose a fee not to
exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants, excluding those submitted into an electronic fingerprint system using electronic fingerprint technology.
(g) In addition, if the applicant for a license is an individual, the application shall list all other names known as or used during the past 10 years and shall state that the applicant is to be personally and actively in charge of the business for which the license is sought, or if any other qualified manager is to be actively in charge of the business, the application shall be subscribed, verified, and signed by the applicant, under penalty of perjury, and if any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person under penalty of perjury.
(h) If the applicants for license are copartners, the
application shall state the true names and addresses of all partners and the name of the partner to be actively in charge of the business for which the license is sought; and list all other names known as or used during the past 10 years, or if a qualified manager other than a partner is to be actively in charge of the business, then the application shall be subscribed, verified, and signed by all of the partners under penalty of perjury, and if any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person, under penalty of perjury, under penalty of perjury by all of the partners and qualified manager, or by all of the partners or the qualified manager.
(i) If the applicant for license is a corporation, the application shall state the true names, and complete residence addresses of the chief executive officer, secretary, chief financial officer, and any other
corporate officer who will be active in the business to be licensed. The application shall also state the name and address of the designated person to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by a duly authorized officer of the applicant and by the qualified manager thereof, under penalty of perjury.
(j) If the applicant for a license is a federally recognized tribe, the application shall state the names and business addresses of those individuals authorized to submit the application on behalf of the federally recognized tribe, as well as the names and addresses of the designated persons to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by an officer of the federally recognized tribe and by the
qualified manager thereof, under penalty of perjury.
(j)
(k) Any other information, evidence, statements, or documents as may be required by the director.
SEC. 27.
Section 7583.47 of the Business and Professions Code is amended to read:7583.47.
(a) As used in this section, “assessment” means the application of a testing instrument identified by the bureau that evaluates whether an applicant for a firearms permit who is a registered security guard, at the time of the assessment, possesses appropriate judgment, restraint, and self-control for the purposes of carrying and using a firearm during the course of their security guard duties.(b) The applicant shall complete the assessment, as specified in this section.
(c) (1) The bureau shall implement a process to administer the assessment specified in this section. The establishment of the assessment and the process for administering the assessment shall not be subject
to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(2) The bureau shall consult with a California licensed psychologist, psychologists, or other persons with subject matter expertise, whose minimum duties shall include, but are not limited to, assisting the bureau with all of the following:
(A) Establishing criteria for a contract with a vendor to administer the assessment.
(B) Identifying minimum standards for the assessment.
(C) Evaluating currently available assessments.
(D) Providing consultative services on the bids received by the bureau from third-party vendors seeking to administer and interpret the
assessment, to ensure both of the following:
(i) Compliance with the applicable standards of care for the administration and interpretation of such assessments.
(ii) The assessment will be administered in accordance with the assessment manufacturer’s requirements.
(3) The bureau shall contract with a third-party vendor to administer the assessment. All third-party vendors seeking to administer the assessment must meet the minimum standards established by the bureau, its consultants, and the assessment manufacturer’s requirements for administering the assessment. Considerations for the third-party vendor contract shall include, but are not limited to, all of the following:
(A) Cost to the applicant to complete the assessment.
(B) Geographic accessibility statewide of the assessment to applicants.
(C) Assessment compliance with the established minimum standards for the assessment and assessment process.
(D) Ensuring an assessment carried out on an applicant complies with the applicable professional standards of care for such assessments, as well as the assessment manufacturer’s requirements for administering the assessment.
(d) The applicant, or the applicant’s designee or employer if the employer voluntarily chooses, shall bear the cost of the assessment.
(e) Within 30 days of administering an applicant’s assessment, the vendor shall directly provide the bureau, on a form and in a manner prescribed by the bureau,
the applicant’s assessment results. If the results of the applicant’s assessment indicate that the applicant is incapable of exercising appropriate judgment, restraint, and self-control for the purposes of carrying and using a firearm during the course of the applicant’s duties, at the point in time of the evaluation, the bureau shall not issue a firearms permit. If the applicant fails the assessment, the applicant may complete another assessment no earlier than 180 days after the results of the previous assessment are provided to the bureau.
(f) The application shall be deemed incomplete until the bureau receives the results of the applicant’s assessment and the results indicate that 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 the applicant’s duties.
(g) Notwithstanding any other law, an applicant who fails the assessment shall not be entitled to an administrative hearing or an appeal subject to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. However, such an applicant who is denied a firearms permit may request review of the denial pursuant to Section 7583.29.
(h) The bureau may prescribe, adopt, and enforce emergency regulations, and promulgate regulations to implement this section. Any emergency regulation prescribed, adopted, or enforced pursuant to this section shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of the regulation is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate
preservation of the public peace, health and safety, and general welfare.
(i) The assessment required pursuant to this section shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this section was scheduled to be repealed as of January 1, 2025. 2029.
(j) Nothing in this section requires any private business entity that contracts with the bureau for the administration of the assessment to produce documents related to the content, methodology, results, or scoring criteria of the assessment, or any trade secret, as defined in subdivision (d) of Section 3426.1 of the Civil Code, for any private individual, firm, copartnership,
association, or corporation.
SEC. 28.
Section 7585.3 of the Business and Professions Code is amended to read:7585.3.
(a) Any institution, firm, federally recognized tribe, or individual wishing the approval of the bureau to offer the firearms course shall complete an application for certification as a firearms training facility. The application shall be in a form prescribed by the chief and shall include, but not be limited to, the following information:(1) The name, business address, and telephone number of the institution, firm, or individual.
(2) A detailed description of 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.
(5) The name or names of the firearms training instructors who will teach the course who have been certified by the bureau, and their certificate numbers, if available.
(b) The application shall be accompanied by the fee prescribed in this chapter.
SEC. 29.
Section 7585.11 of the Business and Professions Code is amended to read:7585.11.
(a) Any institution, firm, federally recognized tribe, or individual wishing approval of the bureau to offer the baton course shall complete an application for certification as a baton training facility. The application shall be in a form prescribed by the chief and shall include, but not be limited to, all of the following information:(1) The name, business address, and telephone number of the institution, firm or individual.
(2) A detailed description of the places, days, and times the course will be offered.
(3) An estimate of the minimum and maximum class size.
(4) Location and description of the facilities.
(5) The name or names of the baton instructors who will teach the course who have been certified by the bureau, and their certificate numbers if available.
(b) The application shall be accompanied by the fee prescribed in this chapter.
(c) No approval shall be given, and no certification shall be issued, to a baton training facility until a baton training instructor who has been certified by the bureau has been approved to teach the course.
(d) Upon approval by the bureau of a baton training facility, the chief shall issue to
the facility a “Baton Training Facility Certificate.” The certificate is valid only when the baton training facility has in its employ a baton training instructor who has been certified by the bureau. The certificate shall be posted in a conspicuous place at the facility.
SEC. 30.
Section 7587.11 of the Business and Professions Code is amended to read:7587.11.
(a) Notwithstanding any other law, the failure of any person licensed to do business as a corporation in this state to be registered and in good standing with the Secretary of State and the Franchise Tax Board after notice from the bureau shall result in the automatic suspension of the licensee by operation of law. The bureau shall notify the licensee in writing of its failure to be registered and in good standing with the Secretary of State or Franchise Tax Board, or both, and that the licensee shall be suspended 30 days from the date of the notice if the licensee does not provide proof satisfactory to the bureau that it is properly registered and in good standing with the Secretary of State or Franchise Tax Board, or both. Reinstatement may be made at any time following the suspension by providing proof satisfactory to the bureau that the license is properly registered and in good standing and the payment of the reinstatement fee as prescribed by this chapter.(b) This section shall not apply to a federally recognized tribe or a federally recognized tribe’s business that is chartered under tribal or federal law.
SEC. 31.
Section 7588.8 of the Business and Professions Code is amended to read:7588.8.
Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1,SEC. 32.
Section 7593.1 of the Business and Professions Code, as amended by Section 38 of Chapter 625 of the Statutes of 2022, is amended to read:7593.1.
(a) Each individual applicant, partner of a partnership, designated officer of a corporation, member, officer, or manager of a limited liability company, and a qualified manager shall submit with the application one personal identification form provided by the chief, with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, and personal description of each such person, respectively. The identification form shall include residence addresses and employment history for the previous five years.(b) The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants excluding those submitted into an electronic
fingerprint system using electronic fingerprint technology.
(c) This section shall remain in effect only until January 1, 2025, 2030, and as of that date is repealed.
SEC. 33.
Section 7593.1 of the Business and Professions Code, as amended by Section 39 of Chapter 625 of the Statutes of 2022, is amended to read:7593.1.
(a) Each individual applicant, partner of a partnership, designated officer of a corporation, and a qualified manager shall submit with the application, one personal identification form provided by the chief, with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, and personal description of each such person, respectively. The identification form shall include residence addresses and employment history for the previous five years.(b) The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants excluding those submitted into an electronic fingerprint system using electronic fingerprint
technology.
(c) This section shall become operative on January 1, 2025. 2030.
SECTION 1.SEC. 34.
Section 7593.5 of the Business and Professions Code is amended to read:7593.5.
(a) If the applicant for a license is a limited liability company, the application shall state the true names and complete residence addresses of each member, manager, and any other officer who will be active in the business to be licensed. A copy of the articles of organization issued by the Secretary of State shall be supplied to the bureau upon request. The application shall also state the name and address of the designated person to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by a duly authorized member of the applicant under penalty of perjury.(b) This section shall remain in effect only until January 1, 2026,
2030, and as of that date is repealed.
