Bill Text: CA AB1616 | 2017-2018 | Regular Session | Amended


Bill Title: Alarm companies: liability: false alarm.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2017-05-18 - In Senate. Read first time. To Com. on RLS. for assignment. [AB1616 Detail]

Download: California-2017-AB1616-Amended.html

Amended  IN  Assembly  May 08, 2017
Amended  IN  Assembly  April 26, 2017
Amended  IN  Assembly  March 21, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1616


Introduced by Assembly Member Nazarian

February 17, 2017


An act to amend Section 7592.8 of the Business and Professions Code, relating to professions and vocations.


LEGISLATIVE COUNSEL'S DIGEST


AB 1616, as amended, Nazarian. Alarm companies: liability: false alarm.
The Alarm Company Act provides for the regulation, by the Bureau of Security and Investigative Services within the Department of Consumer Affairs, of alarm company operators and alarm agents. The act provides that it does not prevent the local authorities of any city, county, or city and county from, among other things, enacting ordinances governing false alarm activations and responses.
This bill would prohibit an alarm company operator or contractor from being liable for civil penalties and fines assessed by a city, county, or city and county for excessive false alarms not attributed to alarm company operator error, improper installation of the alarm system by a contractor or an alarm company operator, or defective equipment provided, installed, or leased by a contractor or an alarm company operator.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 7592.8 of the Business and Professions Code is amended to read:

7592.8.
 (a) The provisions of this chapter shall not prevent the local authorities of any city, county, or city and county, by ordinance and within the exercise of the police power of the city, county, or city and county from:

(a)

(1) Requiring alarm company operator licensees to meet the requirements for and obtain a business permit.

(b)

(2) Requiring alarm agents or alarm company operators, or both, to register their name and file a copy of their state issued identification card with the city, county, or city and county. No fee, other than a fee for a business license permit, may be charged nor may any application be required by the city, county, or city and county for that registration.

(c)(1)

(3) (A) Enacting ordinances governing false alarm activations and responses.

(2)

(B) An alarm company operator or a contractor shall not be liable for civil penalties and fines assessed or imposed by a city, county, or city and county for excessive false alarms not attributed to alarm company operator error, improper installation of the alarm system by a contractor or an alarm company operator, or defective equipment provided, installed, or leased by a contractor or an alarm company operator.

(d)

(4) Requiring persons who own, lease, rent, or otherwise possess an alarm system to obtain a permit to operate the alarm system.
(b) Except as otherwise required to comply with this chapter, this section shall not be construed to require the bureau to investigate, hear, or adjudicate a cause of action between an alarm company and a city, county, or city and county that pertains to liability for penalties imposed under an ordinance enacted by the city, county, or city and county.

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