Bill Text: CA SB1226 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Veterans: professional licensing.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2014-09-27 - Chaptered by Secretary of State. Chapter 657, Statutes of 2014. [SB1226 Detail]

Download: California-2013-SB1226-Amended.html

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BILL NUMBER: SB 1226	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 11, 2014
	AMENDED IN ASSEMBLY  JUNE 30, 2014
	AMENDED IN SENATE  MAY 13, 2014
	AMENDED IN SENATE  APRIL 7, 2014

INTRODUCED BY   Senator Correa
    (   Coauthor:  
Assembly Member   Mansoor   )


                        FEBRUARY 20, 2014

   An act to amend Section  83123.5 of the Government Code,
   7574.18 of, and to add Section 115.4 to, the Business
and Professions Code,  relating to  the Political
Reform Act of 1974.   veterans   . 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1226, as amended, Correa.  Political Reform Act of
1974: local campaign finance reform.   Veterans:
professional licensing.  
   Under existing law, boards within the Department of Consumer
Affairs license and regulate persons practicing various healing arts,
professions, vocations, and businesses, including accountants,
dentists, proprietary security services, and real estate brokers.
Existing law requires a board to expedite the licensure process for
an applicant who holds a current license in another state, district,
or territory of the United States in the profession or vocation for
which he or she seeks a license from the board, if the applicant is
married to, or in a domestic partnership or other legal union with,
an active duty member of the Armed Forces of the United States who is
assigned to a duty station in California under official active duty
military orders.  
   This bill, on and after July 1, 2016, would require a board to
expedite, or when applicable assist, the licensure process for an
applicant who supplies satisfactory evidence to the board that he or
she has served as an active duty member of the Armed Forces of the
United States and was honorably discharged.  
   Existing law requires a person registered and hired as a
proprietary private security officer to complete training in security
officer skills within 6 months of registration being issued or being
employed, except as specified.  
   This bill would authorize submission of Verification of Military
Experience and Training (VMET) records showing the person has
completed comparable military training in lieu of completing a course
of training in security officer skills. The bill would require the
department to determine the type of equivalent military training that
qualifies to serve as a substitute.  
   Existing law, until January 1, 2018, authorizes the Fair Political
Practices Commission, upon mutual agreement between the Commission
and the Board of Supervisors of the County of San Bernardino, to have
primary responsibility for the impartial, effective administration,
implementation, and enforcement of a local campaign finance reform
ordinance of the County of San Bernardino. Existing law authorizes
the Commission to investigate possible violations of the local county
campaign finance reform ordinance and bring administrative actions
against persons who violate the ordinance, as specified. Existing law
requires the Board of Supervisors of the County of San Bernardino to
consult with the Commission prior to adopting and amending any local
campaign finance reform ordinance that is subsequently enforced by
the Commission. Existing law specifies that the Board of Supervisors
of the County of San Bernardino and the Commission may enter into any
agreements necessary and appropriate for the operation of these
provisions, including agreements for reimbursement of state costs
with county funds, as specified. Existing law provides that the Board
of Supervisors of the County of San Bernardino or the Commission
may, at any time, by ordinance or resolution, terminate any agreement
for the Commission to administer, implement, or enforce the local
campaign finance reform ordinance or any provision thereof. Existing
law requires the Commission to report to the Legislature with
specified information on or before January 1, 2017, if the Commission
enters into an agreement with the Board of Supervisors of the County
of San Bernardino.  
   This bill would extend these provisions to any participating city
or county, as specified. The bill would modify these provisions by
requiring the Commission to be the civil prosecutor responsible for
the civil enforcement of the local campaign finance ordinance, as
specified, and authorizing the Commission to provide advice and
guidance regarding the ordinance and to bring civil actions to
enforce the civil penalties and remedies of the ordinance. The bill
would extend these provisions until January 1, 2020. 

   The Political Reform Act of 1974, an initiative measure, provides
that the Legislature may amend the act to further the act's purposes
upon a2/3 vote of each house and compliance with specified procedural
requirements.  
   This bill would declare that it furthers the purposes of the act.

   Vote:  2/3   majority  . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 115.4 is added to the 
 Business and Professions Code   , to read:  
   115.4.  (a) Notwithstanding any other law, on and after July 1,
2016, a board within the department shall expedite, and may assist,
the licensure process for an applicant who supplies satisfactory
evidence to the board that the applicant has served as an active duty
member of the Armed Forces of the United States and was honorably
discharged.
   (b) A board may adopt regulations necessary to administer this
section. 
   SEC. 2.    Section 7574.18 of the   Business
and Professions Code   is amended to read: 
   7574.18.  (a) Except for a person who has completed the course of
training required by Section 7583.45, a person registered and hired
as a proprietary private security officer shall complete training in
security officer skills within six months from the date upon which
registration is issued, or within six months of his or her employment
with a proprietary private security employer.
   (b) (1) Except as provided in paragraph (2), a course provider
shall issue a certificate to a proprietary private security officer
upon satisfactory completion of a required course, conducted in
accordance with the department's requirements.
   (2) If a proprietary private security employer administers a
course of training pursuant to this section, that proprietary private
security employer shall issue a certificate to a proprietary private
security officer for the completion of training in security officer
skills that each proprietary private security officer is required to
complete, as determined by the department,  such as,
  including,  but not limited to, power-to-arrest
training. However, the employer shall not be required to provide a
certificate for training courses provided pursuant to a curriculum
adopted by the department that are specific to that employer's
business and where the subject of training is not specifically
required by the department.
   (c) An employer of a proprietary private security officer may
provide training programs and courses in addition to the training
required in this section.
   (d) The department shall develop and establish by regulation a
standard course and curriculum, which shall include a minimum number
of hours of instruction, for the skills training required by
subdivision (a) to promote and protect the safety of persons and the
security of property. For this purpose, the regulations adopted by
the department pursuant to Section 7574.5, as added by Chapter 721 of
the Statutes of 2007, are continued in existence, and shall be
amended by the department as necessary.
   (e) The course of training required by subdivision (a) may be
administered, tested, and certified by any proprietary private
security employer, organization, or school approved by the
department. The department may approve any proprietary private
security employer, organization, or school to teach the course.
   (f) (1) A proprietary private security employer shall annually
provide each employee registered pursuant to this chapter with
specifically dedicated review or practice of security officer skills
prescribed in the training required in this section. The bureau shall
adopt and approve by regulation the minimum number of hours required
for annual review.
   (2) A proprietary private security employer shall maintain at the
principal place of business or branch office a record verifying
completion of the review or practice training for a period of not
less than two years. The records shall be available for inspection by
the department upon request.
   (g) This section does not apply to a peace officer, as defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the
Penal Code, who has successfully completed a course of study in the
exercise of the power to arrest approved by the Commission on Peace
Officer Standards and Training. This section does not apply to
armored vehicle guards. 
   (h) A person registered and hired as a proprietary private
security officer may submit Verification of Military Experience and
Training (VMET) records that document that the person has completed
equivalent military training in lieu of completing a course of
training in security officer skills pursuant to subdivision (a). The
department shall determine the type of equivalent military training
that qualifies to serve as a substitute.  
  SECTION 1.    Section 83123.5 of the Government
Code is amended to read:
   83123.5.  (a) Upon mutual agreement between the Commission and the
city council or board of supervisors of a participating city or
county, the Commission is authorized to assume primary responsibility
for the impartial, effective administration, implementation, and
enforcement of a local campaign finance ordinance. Upon agreement,
the Commission shall be the civil prosecutor responsible for the
civil enforcement of that local campaign finance ordinance in
accordance with this title. As the civil prosecutor of the
participating city's or county's local campaign finance ordinance,
the Commission is not required to seek authorization from the city
attorney or district attorney of a participating city or county to
bring a civil or administrative action to enforce the ordinance. As
the civil prosecutor of the participating city's or county's local
campaign finance ordinance, the Commission may do all of the
following:
   (1) Provide advice and guidance regarding the local campaign
finance ordinance.
   (2) Investigate possible violations of the local campaign finance
ordinance.
   (3) Bring administrative actions to enforce the local campaign
finance ordinance in accordance with this title and Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2.
   (4) Bring civil actions to enforce the civil penalties and
remedies of the local campaign finance ordinance.
   (b) Any local campaign finance ordinance of the participating city
or county enforced by the Commission pursuant to this section shall
comply with this title.
   (c) The city council or board of supervisors of the participating
city or county shall consult with the Commission prior to adopting or
amending any local campaign finance ordinance that is subsequently
enforced by the Commission pursuant to this section.
   (d) (1) The city council or board of supervisors of the
participating city or county and the Commission may enter into any
agreements necessary and appropriate to carry out the provisions of
this section, including agreements pertaining to any necessary
reimbursement of state costs with county funds for costs incurred by
the Commission in administering, implementing, or enforcing a local
campaign finance ordinance pursuant to this section.
   (2) An agreement entered into pursuant to this subdivision shall
not contain any form of a cancellation fee, a liquidated damages
provision, or other financial disincentive to the exercise of the
right to terminate the agreement pursuant to subdivision (e), except
that the Commission may require the city council or board of
supervisors of the participating city or county to pay the Commission
for services rendered and any other expenditures reasonably made by
the Commission in anticipation of services to be rendered pursuant to
the agreement in the event that the city council or board of
supervisors of the participating city or county terminates the
agreement.
   (e) The city council or board of supervisors of the participating
city or county or the Commission may, at any time, by ordinance or
resolution, terminate any agreement made pursuant to this section for
the Commission to administer, implement, or enforce a local campaign
finance ordinance or any provision thereof.
   (f) If an agreement is entered into pursuant to this section, the
Commission shall report to the Legislature regarding the performance
of that agreement on or before January 1, 2019, and shall submit that
report in compliance with Section 9795. The Commission shall develop
the report in consultation with the city council or board of
supervisors of the participating city or county. The report shall
include, but not be limited to, all of the following:
   (1) The status of the agreement.
   (2) The estimated annual cost savings, if any, for the
participating city or county.
   (3) A summary of relevant annual performance metrics, including
measures of utilization, enforcement, and customer satisfaction.
   (4) Any public comments submitted to the Commission or the
participating city or county relative to the operation of the
agreement.
   (5) Any legislative recommendations.
   (g) For purposes of this section, "participating city or county"
means any city or county that enters into a mutual agreement
described in subdivision (a).
   (h) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2020, deletes or extends that
date.  
  SEC. 2.    The Legislature finds and declares that
this bill furthers the purposes of the Political Reform Act of 1974
within the meaning of subdivision (a) of Section 81012 of the
Government Code.