Bill Text: CA SB468 | 2015-2016 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Health care districts: design-build.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Failed) 2016-11-30 - From Assembly without further action. [SB468 Detail]
Download: California-2015-SB468-Amended.html
Bill Title: Health care districts: design-build.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Failed) 2016-11-30 - From Assembly without further action. [SB468 Detail]
Download: California-2015-SB468-Amended.html
BILL NUMBER: SB 468 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 1, 2015
AMENDED IN SENATE JUNE 1, 2015
AMENDED IN SENATE APRIL 22, 2015
INTRODUCED BY Senator Hill
FEBRUARY 25, 2015
An act to amend Sections 7508.1, 7508.2, 7508.3, 7508.4, 7508.5,
7508.6, 7542, 7563, 7566, 7583.4, 7583.6, 7583.12, 7583.22, 7583.23,
7583.33, 7587.8, 7587.9, 7587.10, 7587.12, 7587.14, 7597.1, 7597.2,
7597.3, 7597.5, 7597.6, 7598.51, 7598.53, 7599.32, 7599.33, 7599.34,
7599.36, 7599.37, 7599.38, 7599.39, 7599.40, 7599.41, 7599.42,
7599.44, 7599.45, 7599.54, and 7599.59 of, to add Section 7585.4.1
to, to add Article 10 (commencing with Section 6981) to Chapter 8.5
of, to add Article 12 (commencing with Section 7511.5) to Chapter 11
of, to add Article 8 (commencing with Section 7573.5) to Chapter 11.3
of, to add Article 6 (commencing with Section 7576) to Chapter 11.4
of, to add Article 9 (commencing with Section 7588.8) to Chapter 11.5
of, and to add Article 15 (commencing with Section 7599.80) to
Chapter 11.6 of, Division 3 of, the Business and Professions Code,
relating to professions and vocations.
LEGISLATIVE COUNSEL'S DIGEST
SB 468, as amended, Hill. Bureau of Security and Investigative
Services: licensees.
(1) Existing law provides for the regulation, by the Bureau of
Security and Investigative Services, of locksmiths and the employers
of locksmiths, repossessors, private investigators, private patrol
operators, armored contract carriers, firearms and baton training
facilities, and employees of those licensees, alarm company operators
and alarm agents, and proprietary security services.
This bill would subject the bureau to review by the appropriate
policy committees of the Legislature.
(2) Existing law prohibits a licensed private investigator and
qualified manager who, in the course of his or her employment or
business, carries a deadly weapon to carry or use a firearm unless he
or she has in his or her possession a valid firearms qualification
card and requires the licensed private investigator and qualified
manager to comply with, and be subject to, specified provisions.
Under existing law, a firearms qualification card does not authorize
the holder of the card to carry a firearm capable of being concealed
upon the person in a concealed manner, as specified.
This bill would authorize those licensed private investigators and
qualified managers who possess a valid firearms qualification card
to also carry a concealed firearm if they satisfy specified
conditions.
(3) The Alarm Company Act requires that specified agreements
entered into by an alarm company pertaining to alarm systems,
including, among others, lease agreements, monitoring agreements,
service agreements, and installation agreements, be in writing and to
include specified items.
This bill would additionally require all initial residential sales
and lease agreements that contain an automatic renewal provision to
disclose that the agreement contains an automatic renewal provision,
as provided.
(4) The Private Security Services Act provides, among other
matters, for the licensure and regulation of private patrol operators
by the Bureau of Security and Investigative Services within the
Department of Consumer Affairs and makes a violation of its
provisions a crime. Under existing law, a person required to be
registered as a security guard must report to his or her employer,
within 24 hours of the incident, the circumstances surrounding the
discharge of any firearm in which he or she is involved while acting
within the course and scope of his or her employment. Existing law
also requires a person registered as a security or patrolperson to
deliver to the Director of Consumer Affairs and to local law
enforcement a written report describing the circumstances surrounding
the discharge of a firearm in which he or she was involved while
acting within the course of his or her employment, within 7 days of
the incident.
This bill would additionally impose the reporting duties upon the
employer of the security guard or patrol person.
patrolperson.
(5) Existing law requires security guards, security patrolpersons,
persons employed by private patrol operators and armored contract
carriers, and registered uniform security guards to complete
specified courses, acquire specified licenses, and be subject to
specified provisions relating to their duties and relating to the
carrying and use of a firearm or baton, as provided.
This bill would exempt from those provisions a federal law
enforcement officer.
(6) Existing law provides that any institution, firm, or
individual wishing the approval of the Bureau of Security and
Investigative Services to offer the firearms course must complete an
application for certification as a firearms training facility, as
specified.
This bill would require the bureau, within 90 days after issuance
of a "Firearms Training Facility Certificate," to inspect the
facility for compliance with the specified requirements. The bill
would authorize the bureau to inspect the facility prior to the
issuance of a certificate. The bill would also require the bureau to
maintain a program of random and targeted inspections of facilities
to ensure compliance with applicable laws relating to the conduct and
operation of facilities, and to inform facilities when the bureau
determines that the facility is not in compliance with the
above-mentioned laws.
(7) Existing law requires the Bureau of Security and Investigative
Services to issue a firearms permit to a private patrol operator
when specified conditions are satisfied, including that the bureau
has determined, after investigation, that the carrying and use of a
firearm by the applicant, in the course of his or her duties,
presents no apparent threat to the public safety.
This bill would would, beginning July 1,
2017, require an applicant for a firearms permit or the
renewal of a firearms permit to undergo a psychological
evaluation, reviewed by a licensed psychologist shall be of
the applicant's choice, evaluation by a licensed
psychologist in order to certify the applicant's psychological
capability to exercise appropriate judgment, restraint, and
self-control, as provided. The bill would authorize the bureau
to decide whether an applicant be administered an additional
evaluation after the discharge of a firearm, as described.
(8) The Collateral Recovery Act, the Private Investigator Act, the
Private Security Services Act, and the Alarm Company Act impose, or
authorize the imposition of, various fines and civil penalties, or
suspend various licenses or permits issued pursuant to those acts,
for violations of specified provisions of those acts.
This bill would revise specified fine amounts, civil penalty
amounts, and suspensions for violations of specified provisions of
the Collateral Recovery Act, the Private Investigator Act, the
Private Security Services Act, and the Alarm Company Act.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 10 (commencing with Section 6981) is added to
Chapter 8.5 of Division 3 of the Business and Professions Code, to
read:
Article 10. Review
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, 2020.
SEC. 2. Section 7508.1 of the Business and Professions Code is
amended to read:
7508.1. The director may assess administrative fines for the
following prohibited acts:
(a) Knowingly making any false report to his or her employer or
client for whom information was being obtained. The fine shall be one
hundred dollars ($100) for the first violation and five hundred
dollars ($500) for each violation thereafter.
(b) Using any identification to indicate registration as a
repossessor, other than the bureau-issued registration card, except
an employer identification card issued by the repossession agency
which has met bureau approval, or a badge, cap insignia, or jacket
patch as provided in Section 7508.8. A bureau-issued registration
card shall be carried by those individuals specified by Section
7506.3, and shall be shown on demand to any bureau employee or law
enforcement officer. The fine shall be one hundred dollars ($100) for
each violation.
(c) Using an alias in connection with the official activities of
the licensee's business. The fine shall be one hundred dollars ($100)
for the first violation and two hundred fifty dollars ($250) for
each violation thereafter.
(d) Appearing as an assignee party in any court proceeding
involving claim and delivery, replevin, or other possessory court
action, action to foreclose a chattel mortgage, mechanic's lien,
materialman's lien, or any other lien. This section shall not
prohibit a licensee from appearing as a defendant in any of the
preceding actions. The fine shall be one hundred dollars ($100) for
each violation.
SEC. 3. Section 7508.2 of the Business and Professions Code is
amended to read:
7508.2. The director may assess administrative fines for any of
the following prohibited acts:
(a) Recovering collateral or making any money demand in lieu
thereof, including, but not limited to, collateral registered under
the Vehicle Code, that has been sold under a security agreement
before a signed or telegraphic authorization has been received from
the legal owner, debtor, lienholder, lessor, or repossession agency
acting on behalf of the legal owner, debtor, lienholder, or lessor of
the collateral. A telephonic assignment is acceptable if the legal
owner, debtor, lienholder, lessor, or repossession agency acting on
behalf of the legal owner, debtor, lienholder, or lessor is known to
the licensee and a written authorization from the legal owner,
debtor, lienholder, lessor, or repossession agency acting on behalf
of the legal owner, debtor, lienholder, or lessor is received by the
licensee within 10 working days or a request by the licensee for a
written authorization from the legal owner, debtor, lienholder,
lessor, or repossession agency acting on behalf of the legal owner,
debtor, lienholder, or lessor is made in writing within 10 working
days. Referrals of assignments from one licensee to another licensee
are acceptable. The referral of an assignment shall be made under the
same terms and conditions as in the original assignment. The fine
shall be one hundred dollars ($100) for the first violation and five
hundred dollars ($500) for each violation thereafter, per audit.
(b) Using collateral or personal effects, which have been
recovered, for the personal benefit of a licensee, or officer,
partner, manager, registrant, or employee of a licensee. The fine
shall be two hundred fifty dollars ($250) for the first violation and
one thousand dollars ($1,000) for each violation thereafter. This
subdivision does not apply to personal effects disposed of pursuant
to subdivision (c) of Section 7507.9. Nothing in this subdivision
prohibits the using or taking of personal property connected,
adjoined, or affixed to the collateral through an unbroken sequence
if that use or taking is reasonably necessary to effectuate the
recovery in a safe manner or to protect the collateral or personal
effects.
(c) Selling collateral recovered under this chapter, or making a
demand for payment in lieu of repossession. The fine shall be two
hundred fifty dollars ($250) for the first violation and one thousand
dollars ($1,000) for each subsequent violation.
(d) Unlawfully entering any private building or secured area
without the consent of the owner, or of the person in legal
possession thereof, at the time of repossession. The fine shall be
five hundred dollars ($500) for each violation.
(e) Committing unlawful assault or battery on another person. The
fine shall not exceed two thousand five hundred dollars ($2,500) for
each violation.
(f) Falsification or alteration of an inventory. The fine shall be
one hundred dollars ($100) for the first violation and two hundred
fifty dollars ($250) for each violation thereafter.
(g) Soliciting from the legal owner the recovery of specific
collateral registered under the Vehicle Code or under the motor
vehicle licensing laws of other states after the collateral has been
seen or located on a public street or on public or private property
without divulging the location of the vehicle. The fine shall be one
hundred dollars ($100) for the first violation and two hundred fifty
dollars ($250) for each violation thereafter.
SEC. 4. Section 7508.3 of the Business and Professions Code is
amended to read:
7508.3. A licensee, or any of his or her registrants or
employees, or a qualified certificate holder, shall be
is prohibited from using any false or misleading
representation during the course of recovery of collateral and may
be assessed a fine of one hundred dollars ($100) for the first
violation and a fine of two hundred fifty dollars ($250) for any
subsequent violation of any of the following:
(a) The false representation or implication that the individual is
vouched for, bonded by, or affiliated with the United States or with
any state, county, city, or city and county, including the use of
any badge, uniform, or facsimile thereof.
(b) The false representation or implication that any individual is
an attorney or that any communication is from any attorney.
(c) The representation or implication by a repossession agency or
its registrants or employees that nonpayment of any debt will result
in the arrest or imprisonment of any person or the seizure,
garnishment, attachment, or sale of any property or wages of any
person, unless the action is lawful and the creditor has instructed
the repossession agency to inform the debtor that the creditor
intends to take the action.
(d) The threat to take any action that cannot legally be taken or
that is not intended to be taken.
(e) The false representation or implication that the debtor
committed any crime or other conduct in order to disgrace the debtor.
(f) The use or distribution of any written communication which
simulates or is falsely represented to be a document authorized,
issued, or approved by any court, official, or agency of the United
States or any state, or which creates a false impression as to its
source, authorization, or approval.
(g) The false representation or implication that documents are
legal process.
(h) The use of any business, company, or organization name other
than the true name of the repossession agency's business, company, or
organization.
(i) The use of any deceptive forms.
SEC. 5. Section 7508.4 of the Business and Professions Code is
amended to read:
7508.4. The director may assess administrative fines for any of
the following prohibited acts:
(a) Conducting business from any location other than that location
to which a license was issued or conducting a business as an
individual, partnership, limited liability company, or corporation
unless the licensee holds a valid license issued to that exact same
individual, partnership, limited liability company, or corporation.
The fine shall be one thousand dollars ($1,000) for each violation.
(b) Aiding or abetting an unlicensed repossessor or assigning his
or her license. "Assigning his or her license" means that no licensee
shall permit a registrant, employee, or agent in his or her own name
to advertise, engage clients, furnish reports, or present bills to
clients, or in any manner whatsoever to conduct business for which a
license is required under this chapter. The fine shall be one
thousand dollars ($1,000) for each violation.
(c) Failing to register registrants within 15 days. The fine shall
be two hundred fifty dollars ($250) for each of the first two
violations and one thousand dollars ($1,000) for each violation
thereafter.
(d) Employing a person whose registration has expired or been
revoked, denied, suspended, or canceled, if the bureau has furnished
a listing of these persons to the licensee. The fine shall be one
hundred fifty dollars ($150) for the first violation and a fine not
to exceed one thousand dollars ($1,000) for each violation
thereafter.
(e) Failing to notify the bureau, within 30 days, of any change in
officers. A notice of warning shall be issued for the first
violation. Thereafter, the fine shall be five hundred dollars ($500)
for each violation.
(f) Failing to submit the notices regarding a violent act or
threatened violent act within seven days pursuant to Section 7507.6
or to submit a copy of a judgment awarded against the licensee for an
amount of more than the then prevailing maximum claim that may be
brought in small claims court within seven days pursuant to Section
7507.7. The fine shall be five hundred dollars ($500) for the first
violation and one thousand dollars ($1,000) for each violation
thereafter.
(g) Failing to include the licensee's name, address, and license
number in any advertisement. The fine shall be fifty dollars ($50)
for each violation.
(h) Failing to maintain personal effects for at least 60 days. The
fine shall be one hundred dollars ($100) for the first violation and
two hundred fifty dollars ($250) for each violation thereafter.
(i) Failing to provide a personal effects list or a notice of
seizure within the time limits set forth in Section 7507.9 or
7507.10. The fine shall be one hundred dollars ($100) for the first
violation and two hundred fifty dollars ($250) for each violation
thereafter.
(j) Failing to file the required report pursuant to Section 28 of
the Vehicle Code. The fine shall be two hundred fifty dollars ($250)
for the first violation and two hundred fifty dollars ($250) for each
violation thereafter, per audit.
(k) Failing to maintain an accurate record and accounting of
secure temporary registration forms. The qualified certificate holder
shall be fined two hundred fifty dollars ($250) for the first
violation, five hundred dollars ($500) for the second violation, and
one thousand dollars ($1,000) plus a one-year suspension of the
privilege to issue temporary registrations pursuant to Section 7506.9
for the third and subsequent violations.
(l) Representing that a licensee has an office and conducts
business at a specific address when that is not the case. The fine
shall be five thousand dollars ($5,000) for each violation.
(m) Notwithstanding any other law, the money in the Private
Security Services Fund that is attributable to administrative fines
imposed pursuant to this section shall not be continuously
appropriated and shall be available for expenditure only upon
appropriation by the Legislature.
SEC. 6. Section 7508.5 of the Business and Professions Code is
amended to read:
7508.5. The director may assess administrative fines against a
repossession agency registrant for the following acts, in addition to
fines imposed pursuant to any other section in this article. The
fine shall be fifty dollars ($50) for each of the following
violations:
(a) Knowingly submit submitting a
false report.
(b) Submitting a report to a client without authorization by his
or her employer.
(c) Failing to carry a bureau-issued identification card and
failing to show that card upon demand to a bureau employee or a law
enforcement officer.
(d) Failing to register.
(e) Failing to return his or her registration card to the employer
upon termination.
(f) Failing to report a violent act involving the registrant to
the licensee or the licensee's qualified certificate holder within 24
hours.
SEC. 7. Section 7508.6 of the Business and Professions Code is
amended to read:
7508.6. The director may assess administrative fines against any
repossession agency licensee, qualified certificate holder, or
registrant for failure to notify the bureau within 30 days of any
change of residence or business address. The fine shall be fifty
dollars ($50) for each violation.
SEC. 8. Article 12 (commencing with Section 7511.5) is added to
Chapter 11 of Division 3 of the Business and Professions Code, to
read:
Article 12. Review
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, 2020.
SEC. 9. Section 7542 of the Business and Professions Code is
amended to read:
7542. Every licensee and qualified manager who in the course of
his or her employment or business carries a deadly weapon shall
complete a course of training in the exercise of the powers to arrest
as specified in Section 7583.7 and a course of training in the
carrying and use of firearms as specified in Article 4 (commencing
with Section 7583) of Chapter 11.5. No A
licensee or qualified manager shall not carry or use
a firearm unless he or she has met the requirements of
Sections 7583.23, 7583.28, and subdivisions (a) to
(d), inclusive, and subdivision (g) of Section 7583.23, and Sections
7583.28 and 7583.29 and has in his or her possession a valid
firearms qualification card as provided in Section 7583.30. A
licensee or qualified manager who possesses a valid firearms
qualification card shall comply with and be subject to the provisions
of Sections 7583.31, 7583.32, and 7583.37. A licensee or qualified
manager who posses possesses a valid
firearms qualification card may carry a firearm capable of being
concealed upon the person in a concealed manner if he or she complies
with applicable provisions set forth in Chapter 4 (commencing with
Section 26150) of Division 5 of Title 4 of Part 6 of the Penal Code.
SEC. 10. Section 7563 of the Business and Professions Code is
amended to read:
7563. The director, in lieu of suspending or revoking a license
issued under this chapter for violations of Sections 7561.1, 7561.3,
and 7561.4, may impose a civil penalty not to exceed five hundred
dollars ($500) for the first violation, and one thousand dollars
($1,000) for each violation thereafter, upon a licensee, if the
director determines that this action better serves the purposes of
this chapter.
SEC. 11. Section 7566 of the Business and Professions Code is
amended to read:
7566. The director may assess administrative fines of fifty
dollars ($50) against any licensee, registrant, or firearms
qualification cardholder for each violation for failure to notify the
bureau within 30 days of any change of residence or business
address. The principal place of business may be at a home or at a
business address, but it shall be the place at which the licensee
maintains a permanent office.
SEC. 12. Article 8 (commencing with Section 7573.5) is added to
Chapter 11.3 of Division 3 of the Business and Professions Code, to
read:
Article 8. Review
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, 2020.
SEC. 13. Article 6 (commencing with Section 7576) is added to
Chapter 11.4 of Division 3 of the Business and Professions Code, to
read:
Article 6. Review
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, 2020.
SEC. 14. Section 7583.4 of the Business and Professions Code is
amended to read:
7583.4. Any person registered as a security guard or
patrolperson, and the employer of the security guard or patrolperson,
shall deliver to the director a written report describing fully the
circumstances surrounding any incident involving the discharge of any
firearm in which he or she was involved while acting within the
course and scope of his or her employment, within seven days after
the incident. The report shall be made on a form prescribed by the
director which shall include, but not be limited to, the following:
(a) The name, address, and date of birth of the guard or
patrolperson.
(b) The registration number of the guard or patrolperson.
(c) The firearm permit number and baton permit number of the guard
or patrolperson, if applicable.
(d) The name of the employer of the person.
(e) The description of any injuries and damages that occurred.
(f) The identity of all participants in the incident.
(g) Whether a police investigation was conducted relating to the
incident.
(h) The date and location of the incident. Any report may be
investigated by the director to determine if any disciplinary action
is necessary.
A copy of the report delivered to the director pursuant to this
section shall also be delivered within seven days of the incident to
the local police or sheriff's department which has jurisdiction over
the geographic area where the incident occurred.
SEC. 15. Section 7583.6 of the Business and Professions Code is
amended to read:
7583.6. (a) A person entering the employ of a licensee to perform
the functions of a security guard or a security patrolperson shall
complete a course in the exercise of the power to arrest prior to
being assigned to a duty location.
(b) Except for a registrant who has completed the course of
training required by Section 7583.45, a person registered pursuant to
this chapter shall complete not less than 32 hours of training in
security officer skills within six months from the date the
registration card is issued. Sixteen of the 32 hours shall be
completed within 30 days from the date the registration card is
issued.
(c) A course provider shall issue a certificate to a security
guard upon satisfactory completion of a required course, conducted in
accordance with the department's requirements. A private patrol
operator may provide training programs and courses in addition to the
training required in this section. A registrant who is unable to
provide his or her employing licensee the certificate of satisfactory
completion required by this subdivision shall complete 16 hours of
the training required by subdivision (b) within 30 days of the date
of his or her employment and shall complete the 16
remaining hours within six months of his or her employment date.
(d) The department shall develop and approve by regulation a
standard course and curriculum for the skills training required by
subdivision (b) to promote and protect the safety of persons and the
security of property. For this purpose, the department shall consult
with consumers, labor organizations representing private security
officers, private patrol operators, educators, and subject matter
experts.
(e) The course of training required by subdivision (b) may be
administered, tested, and certified by any licensee, or by any
organization or school approved by the department. The department may
approve any person or school to teach the course.
(f) (1) On and after January 1, 2005, a licensee shall annually
provide each employee registered pursuant to this chapter with eight
hours of specifically dedicated review or practice of security
officer skills prescribed in either course required in Section 7583.6
or 7583.7.
(2) A licensee 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 bureau 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 and federal law enforcement officers.
SEC. 16. Section 7583.12 of the Business and Professions Code is
amended to read:
7583.12. (a) An employee of a licensee shall not carry or use a
firearm unless the employee has in his or her possession both of the
following:
(1) A valid guard registration card issued pursuant to this
chapter.
(2) A valid firearm qualification card issued pursuant to this
chapter.
(b) An employee of a licensee may carry or use a firearm while
working as a security guard or security patrolperson pending receipt
of a firearm qualification card if he or she has been approved by the
bureau and carries on his or her person a hardcopy printout of the
bureau's approval from the bureau's Internet Web site and a valid
picture identification.
(c) In the event of the loss or destruction of the firearm
qualification card, the cardholder may apply to the bureau for a
certified replacement of the card, stating the circumstances
surrounding the loss, and pay a ten-dollar ($10) certification fee,
whereupon the bureau shall issue a certified replacement of the card.
(d) Paragraph (2) of subdivision (a) and subdivision (b) shall not
apply to a duly appointed peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
who meets all of the following:
(1) He or she has successfully completed a course of study in the
use of firearms.
(2) He or she is authorized to carry a concealed firearm in the
course and scope of his or her employment pursuant to Article 2
(commencing with Section 25450) of Chapter 2 of Division 5 of Title 4
of Part 6 of the Penal Code.
(3) He or she has proof that he or she has applied to the bureau
for a firearm qualification card.
(e) (1) This section shall not apply to a duly appointed peace
officer, as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2 of the Penal Code, who has written approval from
his or her primary employer, as defined in paragraph (2) of
subdivision (i) of Section 7583.9, to carry a firearm while working
as a security guard or security officer or to a federal law
enforcement officer.
(2) A peace officer exempt under this subdivision shall carry on
his or her person a letter of approval from his or her primary
employer authorizing him or her to carry a firearm while working as a
security guard or security officer.
SEC. 17. Section 7583.22 of the Business and Professions Code is
amended to read:
7583.22. (a) A licensee, qualified manager of a licensee, or
security guard who, in the course of his or her employment, may be
required to carry a firearm shall, prior to carrying a firearm, do
both of the following:
(1) Complete a course of training in the carrying and use of
firearms.
(2) Receive a firearms qualification card or be otherwise
qualified to carry a firearm as provided in Section 7583.12.
(b) A licensee shall not permit an employee to carry or use a
loaded or unloaded firearm, whether or not it is serviceable or
operative, unless the employee possesses a valid and current firearms
qualification card issued by the bureau or is so otherwise qualified
to carry a firearm as provided in Section 7583.12.
(c) A pocket card issued by the bureau pursuant to Section 7582.13
may also serve as a firearms qualification card if so indicated on
the face of the card.
(d) Paragraph (1) of subdivision (a) shall 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 use of firearms or to a federal law
enforcement officer.
SEC. 18. Section 7583.23 of the Business and Professions Code is
amended to read:
7583.23. The bureau shall issue a firearms permit when all of the
following conditions are satisfied:
(a) The applicant is a licensee, a qualified manager of a
licensee, or a registered uniformed security guard.
(b) A certified firearms training instructor has certified that
the applicant has successfully completed a written examination
prepared by the bureau and training course in the carrying and use of
firearms approved by the bureau.
(c) The applicant has filed with the bureau a classifiable
fingerprint card, a completed application for a firearms permit on a
form prescribed by the director, dated and signed by the applicant,
certifying under penalty of perjury that the information in the
application is true and correct.
(d) The bureau has determined, after investigation, that the
carrying and use of a firearm by the applicant, in the course of his
or her duties, presents no apparent threat to the public safety, or
that the carrying and use of a firearm by the applicant is not in
violation of the Penal Code.
(e) (1) Each applicant for a firearms permit shall be administered
any current standard form of the Minnesota Multiphasic Personality
Inventory (MMPI), or other psychological evaluation instrument
approved by the bureau, which shall be administered by certified
firearms training facility during the firearms training course. The
certified firearms training facility shall forward the response data
to a psychologist licensed by the California Board of Psychology for
evaluation. The licensed psychologist shall be of the applicant's
choice. It shall be the responsibility of the applicant to bear the
costs of the psychological evaluation.
(2) If the licensed psychologist is unable to certify the applicant'
s psychological capability to exercise appropriate judgment,
restraint, and self-control, after evaluating the data, the
psychologist shall employ whatever other psychological measuring
instruments or techniques deemed necessary to form a professional
opinion. The use of any psychological measuring instruments or
techniques shall require a full and complete written explanation to
the bureau.
(e) (1) Beginning July 1, 2017, each applicant for a firearms
permit or renewal permit shall undergo a psychological evaluation by
a licensed psychologist, or his or her designee, the purpose of which
is to assess the applicant's psychological capability to exercise
appropriate judgment, restraint, and self-control. The licensed
psychologist, or his or her designee, shall employ whatever
psychological measuring instruments or techniques deemed necessary to
render a professional opinion. If the applicant or renewal applicant
does not pass the assessment or falls outside the range of
acceptable results set by the provider of the assessment, upon
request by the applicant, the certified firearms training facility
shall forward the response data to a psychologist licensed by the
California Board of Psychology for evaluation.
(2) The applicant may choose the licensed psychologist and bear
the costs of the evaluation. If the applicant seeks employment with,
or is employed by, a licensee that has an established and approved
process for the Minnesota Multiphasic Personality Inventory (MMPI) or
other psychological evaluation, the applicant may choose to submit
the response data to a licensed psychologist chosen by the licensee.
A licensee employing this process may bear the costs of the
evaluation.
(3) The psychologist shall forward a written psychological
evaluation, on a form prescribed by the bureau, to the bureau within
15 days of the evaluation, even if the applicant is found to be
psychologically at risk. The bureau may utilize the results of the
psychological evaluation for up to six months from the date of the
evaluation after which the applicant shall be reexamined. No
Included in the written psychological evaluation
shall be the assessment measures used and the reason for their
inclusion. A person who has been found psychologically at risk
in the exercise of appropriate judgment, restraint, or self-control
shall not reapply for a permit until one year
from the date of being found psychologically at risk.
(4) The
(4) The bureau may decide if the applicant shall be administered
an additional psychological evaluation instrument after the discharge
of a firearm that requires the written report described in Section
7583.4 in order to retain the firearms permit.
(5) This subdivision 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
or to a federal law enforcement officer. the
following:
(A) A peace officer as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2 of the Penal Code.
(B) A federal law enforcement officer.
(C) A security guard applying for a renewal firearms permit where
his or her employer verifies that the applicant has been employed for
at least five years in an armed position in which period the
applicant has not had a firearms incident or violent incident, as
described in Section 7583.4. The employer shall submit verification
of this information on a form prescribed by the bureau.
(6) This subdivision does not prohibit a licensee from imposing
additional requirements or taking additional steps to ensure that
employees are qualified to work with firearms.
(f) The applicant has produced evidence to the firearm training
facility that he or she is a citizen of the United States or has
permanent legal alien status in the United States. Evidence of
citizenship or permanent legal alien status shall be that deemed
sufficient by the bureau to ensure compliance with federal laws
prohibiting possession of firearms by persons unlawfully in the
United States and may include, but not be limited to, the United
States Department of Justice, Immigration and Naturalization
Service Form I-151 or I-551, Alien Registration Receipt Card,
naturalization documents, or birth certificates evidencing lawful
residence or status in the United States.
(g) The application is accompanied by the application fees
prescribed in this chapter.
SEC. 19. Section 7583.33 of the Business and Professions Code is
amended to read:
7583.33. (a) Any licensee, qualified manager, or a registered
uniformed security guard who wishes to carry a baton in the
performance of his or her duties, shall qualify to carry the weapon
pursuant to Article 5 (commencing with Section 7585).
(b) Subdivision (a) 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 use of batons or to a federal law enforcement officer.
SEC. 20. Section 7585.4.1 is added to the Business and Professions
Code, to read:
7585.4.1. (a) (1) Within 90 days after issuance of a "Firearms
Training Facility Certificate," the bureau or its agents or
assistants shall inspect the facility for compliance with the
applicable requirements of this article and the applicable rules and
regulations of the bureau adopted pursuant to this article.
(2) The bureau may inspect the establishment for which a
certificate application has been made prior to the issuance of the
certificate.
(b) The bureau shall maintain a program of random and targeted
inspections of facilities to ensure compliance with applicable laws
relating to the conduct and operation of facilities.
(c) If the bureau determines that any facility is not complying
with applicable laws relating to the conducting and operation of
facilities, notice thereof shall immediately be given to the
facility.
SEC. 21. Section 7587.8 of the Business and Professions Code is
amended to read:
7587.8. The director may assess fines for the following acts
pursuant to Article 4 (commencing with Section 7583) only as follows:
(a) Violation of subdivisions (a), (b), and (c) of Section 7583.2;
five hundred dollars ($500) per violation.
(b) Violation of subdivisions (h) and (i) of Section 7583.2; two
hundred fifty dollars ($250) per violation.
(c) Violation of subdivision (d) of Section 7583.2; five hundred
dollars ($500) per violation.
(d) Violation of subdivision (g) of Section 7583.2; one thousand
dollars ($1,000) for the first violation and two thousand five
hundred dollars ($2,500) per violation for each violation thereafter.
(e) Violation of subdivision (f) of Section 7583.2; two thousand
five hundred dollars ($2,500) per violation, notwithstanding any
other provision of law.
SEC. 22. Section 7587.9 of the Business and Professions Code is
amended to read:
7587.9. The director may assess fines for the following acts
pursuant to Article 4 (commencing with Section 7583) only as follows:
(a) Violation of subdivisions (a) and (b) of Section 7583.3; one
hundred fifty dollars ($150) per violation.
(b) Violation of subdivision (c) of Section 7583.3; two hundred
fifty dollars ($250) for the first violation and five hundred dollars
($500) per violation for each violation thereafter.
(c) Violation of Section 7583.4; five hundred dollars ($500) per
violation.
SEC. 23. Section 7587.10 of the Business and Professions Code is
amended to read:
7587.10. The director may assess fines for the following acts
pursuant to Article 4 (commencing with Section 7583) only as follows:
(a) Violation of subdivisions (c) and (d) of Section 7583.37; one
hundred dollars ($100) for the first violation and two hundred
dollars ($200) for each violation thereafter.
(b) Violation of subdivision (a) of Section 7583.37; one hundred
dollars ($100) for the first violation and five hundred dollars
($500) for each violation thereafter.
(c) Violation of subdivision (e) of Section 7583.37; one thousand
dollars ($1,000).
(d) Violation of subdivision (b) of Section 7583.37; one thousand
dollars ($1,000) and suspension of a firearm qualification card for
the first violation and a suspension of a firearm qualification card
thereafter.
SEC. 24. Section 7587.12 of the Business and Professions Code is
amended to read:
7587.12. The director may assess fines for the following acts
only as follows:
(a) Violations of paragraph (1), (2), (11), or (12) of subdivision
(a) of Section 7585.19; two hundred fifty dollars ($250) for the
first violation and five hundred dollars ($500) for subsequent
violations.
(b) Violations of paragraph (3), (7), (8), or (10) of subdivision
(a) of Section 7585.19; five hundred dollars ($500) for each
violation.
(c) Violations of paragraph (6) of subdivision (a) of Section
7585.19; five hundred dollars ($500) for each hour shortened.
(d) Violations of paragraph (4) of subdivision (a) of Section
7585.19; five hundred dollars ($500) for each violation.
(e) Violations of paragraph (5) of subdivision (a) of Section
7585.19; five hundred dollars ($500) for every hour the course has
been shortened.
(f) Violations of paragraph (9) of subdivision (a) of Section
7585.19; one thousand dollars ($1,000) for each violation.
SEC. 25. Section 7587.14 of the Business and Professions Code is
amended to read:
7587.14. The director may assess administrative fines of fifty
dollars ($50) against any licensee, registrant, or firearms
qualification cardholder for each violation for failure to notify the
bureau within 30 days of any change of residence or business
address. The principal place of business may be at a home or at a
business address, but it shall be the place at which the licensee
maintains a permanent office.
SEC. 26. Article 9 (commencing with Section 7588.8) is added to
Chapter 11.5 of Division 3 of the Business and Professions Code, to
read:
Article 9. Review
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, 2020.
SEC. 27. Section 7597.1 of the Business and Professions Code is
amended to read:
7597.1. (a) A licensee, qualified manager, branch office manager,
or alarm agent shall not carry, use, or possess a loaded or unloaded
firearm in the course and scope of his or her employment, whether or
not it is serviceable or operative, unless he or she has in his or
her possession a valid and current firearms qualification card issued
to him or her by the bureau. The card shall be shown to any peace
officer or bureau representative upon demand.
(b) Subdivision (a) shall not apply to a duly appointed peace
officer, as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2 of the Penal Code, who meets all of the following:
(1) He or she has successfully completed a course of study in the
use of firearms.
(2) He or she is authorized to carry a concealed firearm in the
course and scope of his or her employment pursuant to Article 2
(commencing with Section 25450) of Chapter 2 of Division 5 of Title 4
of Part 6 of the Penal Code.
(3) He or she has proof that he or she has applied to the bureau
for a firearms qualification card.
(c) A fine of two hundred fifty dollars ($250) may be assessed for
the first violation of this section and a fine of five hundred
dollars ($500) for each subsequent violation.
SEC. 28. Section 7597.2 of the Business and Professions Code is
amended to read:
7597.2. (a) A licensee, qualified manager, branch office manager,
or alarm agent shall not carry any inoperable, replica, or other
simulated firearm.
(b) A violation of this section shall result in a fine of one
hundred dollars ($100) for the first violation and a fine of two
hundred fifty dollars ($250) for each subsequent violation.
SEC. 29. Section 7597.3 of the Business and Professions Code is
amended to read:
7597.3. (a) A licensee, qualified manager, branch office manager,
or alarm agent shall not use a firearm which is in violation of law,
or in knowing violation of the standards for carrying and usage of
firearms, as taught in the course of training in the carrying and use
of firearms, including, but not limited to:
(1) Illegally using, carrying, or possessing a dangerous weapon.
(2) Brandishing a weapon.
(3) Drawing a weapon without proper cause.
(4) Provoking a shooting incident without cause.
(5) Carrying or using a firearm while on duty under the influence
of alcohol or dangerous drugs.
(6) Carrying or using a firearm of a caliber for which a bureau
firearms permit has not been issued.
(b) A fine of one thousand dollars ($1,000) and a suspension of
the firearms permit may be assessed for the first violation of this
section and a suspension of the firearms permit for a subsequent
violation.
SEC. 30. Section 7597.5 of the Business and Professions Code is
amended to read:
7597.5. (a) A licensee, qualified manager, branch office manager,
or alarm agent shall not carry or use tear gas or any other
nonlethal chemical agent in the performance of his or her duties,
unless he or she has in his or her possession proof of completion of
a course in the carrying and use of tear gas or other nonlethal
chemical agent.
(b) A fine of one hundred dollars ($100) may be assessed for the
first violation of this section and a fine of two hundred fifty
dollars ($250) for each subsequent violation.
SEC. 31. Section 7597.6 of the Business and Professions Code is
amended to read:
7597.6. (a) A licensee, qualified manager, branch office manager,
or alarm agent shall not carry a pistol, revolver, or other firearm
capable of being concealed upon the person in a concealed manner
unless one of the following circumstances apply:
(1) The person has been issued a permit to carry that firearm in a
concealed manner by a local law enforcement agency pursuant to
Section 26150, 26155, 26170, or 26215 of the Penal Code.
(2) The person is an honorably retired peace officer authorized to
carry a concealed firearm pursuant to Section 25650 of the Penal
Code or Article 2 (commencing with Section 25450) of Chapter 2 of
Division 5 of Title 4 of Part 6 of the Penal Code.
(3) The person is a duly appointed peace officer, as defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the
Penal Code, who is authorized to carry a concealed firearm in the
course and scope of his or her employment pursuant to Article 2
(commencing with Section 25450) of Chapter 2 of Division 5 of Title 4
of Part 6 of the Penal Code.
(b) A fine of one thousand dollars ($1,000) may be assessed for
each violation of subdivision (a).
SEC. 32. Section 7598.51 of the Business and Professions Code is
amended to read:
7598.51. (a) An alarm agent shall carry on his or her person,
while on duty, either a valid and current registration card or a
temporary application for registration.
(b) A fine of one hundred dollars ($100) may be assessed for each
violation of subdivision (a).
SEC. 33. Section 7598.53 of the Business and Professions Code is
amended to read:
7598.53. An alarm agent who responds to an alarm system shall
wear a prominently displayed patch or other designation which clearly
identifies the name of the licensee. An alarm agent who carries a
deadly weapon while responding to an alarm system shall wear a
recognizable uniform with a prominently displayed patch or other
designation which clearly identifies the name of the licensee. The
uniform must be distinguishable from the uniforms worn by local
regular law enforcement officers. A violation of this section may
result in a fine of two hundred fifty dollars ($250) for each
violation.
SEC. 34. Section 7599.32 of the Business and Professions Code, as
added by Section 21 of Chapter 291 of the Statutes of 2012, is
amended to read:
7599.32. (a) A licensee shall notify the bureau within 30 days of
any change of its officers required to be named pursuant to Section
7593.4 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 has committed any act
which constitutes grounds for the denial of a license pursuant to
Section 7591.10.
(c) A notice of warning may be issued for the first violation of
this section and a fine of five hundred dollars ($500) for each
subsequent violation.
SEC. 35. Section 7599.33 of the Business and Professions Code is
amended to read:
7599.33. A licensee shall not conduct business, as defined in
Section 7599.20, from any location other than that location for which
a license or branch office registration was issued. A violation of
this section may result in a fine of five hundred dollars ($500) for
the first violation of this section and a fine of one thousand
dollars ($1,000) for each subsequent violation.
SEC. 36. Section 7599.34 of the Business and Professions Code, as
added by Section 23 of Chapter 291 of the Statutes of 2012, is
amended to read:
7599.34. A licensee shall not conduct a business as an
individual, partnership, or corporation unless the licensee holds a
valid license issued to that exact same individual, partnership, or
corporation. A violation of this section may result in a fine of five
hundred dollars ($500) for each violation.
SEC. 37. Section 7599.36 of the Business and Professions Code is
amended to read:
7599.36. (a) Each licensee shall maintain a file or record
containing the name, address, commencing date of employment, and
position of each employee, and the date of termination. Those files
and records shall be retained during the time of employment and for a
period of not less than two years thereafter, and, together with
usual payroll records, shall be available for inspection by the
bureau, and copies thereof and information pertaining thereto or
contained therein shall be submitted to the bureau upon written
request. A violation concerning the maintenance of the files or
records may result in a fine of two hundred fifty dollars ($250) for
each violation.
(b) A failure of a licensee to respond to the bureau's request to
forward copies of the files or records and information pertaining
thereto or contained therein within 30 days of the bureau's request
may result in a fine of two hundred fifty dollars ($250) for each
violation.
SEC. 38. Section 7599.37 of the Business and Professions Code is
amended to read:
7599.37. Each licensee shall maintain an accurate and current
record of proof of completion of the course of training in the
exercise of the power to arrest as required by Section 7598.1, by
each of his or her employees. A violation of this section may result
in a fine of five hundred dollars ($500) for each violation.
SEC. 39. Section 7599.38 of the Business and Professions Code is
amended to read:
7599.38. Each licensee shall certify an employee's completion of
the course of training in the exercise of power to arrest, or obtain
proof that the training has been administered by a bureau-approved
training facility, prior to allowing the employee to respond to an
alarm system as required by Section 7598.1. A violation of this
section may result in a fine of five hundred dollars ($500) for each
violation.
SEC. 40. Section 7599.39 of the Business and Professions Code, as
added by Section 12 of Chapter 1210 of the Statutes of 1982, is
amended to read:
7599.39. Within three working days, each licensee shall verify
proof of current and valid registration issued by the bureau for each
employee who is subject to registration, or shall require an
employee to complete and submit an application for registration after
employing an individual who does not possess a current and valid
registration from the bureau. "Within three working days" means 72
hours from the time an employee is first compensated for alarm agent
services for a licensee. A violation of this section may result in a
fine of two hundred fifty dollars ($250) for each
violation.
SEC. 41. Section 7599.40 of the Business and Professions Code is
amended to read:
7599.40. A licensee shall not allow any employee to carry a
firearm or other deadly weapon without first ascertaining that the
employee is proficient in the use of each weapon to be carried. A
current and valid firearm qualification card which indicates the
specific caliber of the firearm which may be carried shall be deemed
evidence of proficiency. A firearm qualification permit is not valid
unless the employee holds a valid, current registration card. With
respect to other deadly weapons, evidence of proficiency shall
include a certificate from a training facility, certifying that the
employee is proficient in the use of that particular deadly weapon. A
violation of this section may result in a fine of two thousand five
hundred dollars ($2,500) for each violation.
SEC. 42. Section 7599.41 of the Business and Professions Code is
amended to read:
7599.41. A licensee shall maintain an accurate and current record
of all firearms or other deadly weapons that are in the possession
of the licensee, or of any employee of the licensee, while on duty.
The record shall contain the make, model, and serial number, or a
description of any other deadly weapon, and the name of the person
who has title of ownership. A violation of this section may result in
a fine of five hundred dollars ($500) for each violation.
SEC. 43. Section 7599.42 of the Business and Professions Code, as
added by Section 25 of Chapter 291 of the Statutes of 2012, is
amended to read:
7599.42. Within seven days after any violent incident involving a
dangerous weapon, that has been caused by or occurred upon a
licensee or any officer, partner, qualified manager, or employee of a
licensee, while acting within the course and scope of his or her
employment, and that results in bodily injury to any person or death
of any person involved in that incident or of any discharge of a
weapon, excluding any discharge which occurs on the range, the
licensee or his or her manager shall mail or deliver to the chief a
detailed report of the incident. The report shall describe fully the
circumstances surrounding the incident, any injuries or damages
incurred, the identity of all participants, and whether a police
investigation was conducted. A violation of this section by a
license licensee or any officer,
partner, managing member, or qualified manager may result in a fine
of one thousand dollars ($1,000) for the first violation and two
thousand five hundred dollars ($2,500) for each subsequent violation.
A violation of this section by an employee of a license
licensee may result in a fine of five hundred
dollars ($500) for each violation.
SEC. 44. Section 7599.44 of the Business and Professions Code is
amended to read:
7599.44. Every advertisement by a licensee soliciting or
advertising business shall contain his or her name and license number
as they appear in the records of the bureau. A violation of this
section may result in a fine of five hundred dollars ($500) for the
first violation and one thousand dollars ($1,000) for each subsequent
violation.
SEC. 45. Section 7599.45 of the Business and Professions Code is
amended to read:
7599.45. A licensee or employee of a licensee shall not enter any
private building or portion thereof, excepting premises open to the
public, without the consent of the owner or the person in legal
possession thereof. A violation of this section may result in a fine
of one hundred dollars ($100) for each violation.
SEC. 46. Section 7599.54 of the Business and Professions Code is
amended to read:
7599.54. Every agreement, including, but not limited to, lease
agreements, monitoring agreements, and service agreements, including
all labor, services, and materials to be provided for the
installation of an alarm system, shall be in writing. All amendments
subject to the provisions of this section to an initial agreement
shall be in writing. Each initial agreement shall contain, but not be
limited to, the following:
(a) The name, business address, business telephone number, and
license number of the licensed alarm company operator and the
registration number of any alarm agent who solicited or negotiated
the agreement.
(b) The approximate dates when the work will begin and be
substantially completed.
(c) A description of the work to be done, a description of the
materials to be used, and the agreed consideration for the work.
(d) A disclosure that alarm company operators are licensed and
regulated by the Bureau of Security and Investigative Services,
Department of Consumer Affairs, Sacramento, CA, 95814.
(e) A description of the alarm system including the major
components thereof and services to be provided to the purchaser once
the alarm is installed, including response or monitoring services, if
any.
(f) Other matters agreed to by the parties of the contract. The
agreement shall be legible and shall be in a form as to clearly
describe any other document which is to be incorporated into the
contract, and, before any work is done, the client shall be furnished
with a copy of the written agreement signed by the licensee.
(g) A statement setting forth that upon completion of the
installation of the alarm system, the alarm company shall thoroughly
instruct the purchaser in the proper use of the alarm system.
(h) In the event a mechanic's lien is to be utilized, a
notice-to-owner statement which shall describe, in nontechnical
language and in a clear and coherent manner using words with common
and everyday meaning, the pertinent provisions of this state's
mechanics' lien laws and the rights and responsibilities of an owner
of property and a contractor thereunder, including the provisions
relating to the filing of a
contract concerning a work of improvement with the county recorder
and the recording in the office of a contractor's payment bond for
private work.
(i) For agreements entered into on or after January 1, 2016, if
the agreement contains an automatic renewal provision, the agreement
shall include a separate and clear disclosure advising the consumer
that the agreement he or she is entering into contains an automatic
renewal provision. The disclosure shall specify that if the consumer
fails to provide notification of nonrenewal, as required in the
agreement, it will result in the automatic renewal of the agreement
and shall include the period of time of the renewal term.
(j) In addition to the above, every initial residential sales and
lease agreement, the total cost which over the time period fixed by
the agreement exceeds two hundred fifty dollars ($250), including the
cost of all labor, service, or material to be provided by the
licensee for the installation, shall include, but not be limited to,
the following:
(1) A schedule of payments showing the amount of each payment as a
sum in dollars and cents. This schedule of payments shall be
referenced to the amount of work for services to be performed or to
any materials or equipment to be supplied.
(2) If the payment schedule contained in the agreement provides
for a down payment downpayment to be
paid to the licensee by the owner or the tenant before commencement
of the work, that down payment downpayment
shall not exceed one thousand dollars ($1,000) or 10 percent of
the contract price, excluding finance charges, whichever is the
lesser.
(3) In no event shall the payment schedule provide that the
licensee receive, nor shall the licensee actually receive, payment in
excess of 100 percent of the value of the work performed on the
project at any time, excluding finance charges, except that the
licensee may receive an initial down payment
downpayment authorized by paragraph (2). A failure by the
licensee, without legal excuse, to substantially commence work within
20 days of the approximate date specified in the contract when work
is to commence, shall postpone the next succeeding payment to the
licensee for that period of time equivalent to the time between when
substantial commencement was to have occurred and when it did occur.
(4) A notice-to-owner statement which shall describe, in
nontechnical language and in a clear and coherent manner using words
with common and everyday meaning, the pertinent provisions of this
state's mechanics' lien laws and the rights and responsibilities of
an owner of property and a contractor thereunder, including the
provisions relating to the filing of a contract concerning a work of
improvement with the county recorder and the recording in the office
of a contractor's payment bond for private work.
(5) A description of what constitutes substantial commencement of
work pursuant to the contract.
(6) A disclosure that failure by the licensee, without legal
excuse, to substantially commence work within 20 days from the
approximate date specified in the agreement when the work will begin
is a violation of the Alarm Company Act.
(7) A disclosure informing the buyer of any potential permit fees
which may be required by local jurisdictions concerning the
monitoring of an existing alarm system.
(8) This section shall not be construed to prohibit the parties to
a residential alarm system sale contract from agreeing to a contract
or account subject to Chapter 1 (commencing with Section 1801) of
Title 2 of Part 4 of Division 3 of the Civil Code.
(k) A violation of this section or failure to commence work
pursuant to paragraph (6) of subdivision (j) may result in a fine of
one hundred dollars ($100) for the first violation and a fine of five
hundred dollars ($500) for each subsequent violation.
SEC. 47. Section 7599.59 of the Business and Professions Code is
amended to read:
7599.59. The director may assess administrative fines of fifty
dollars ($50) against any licensee, qualified certificate holder,
firearms qualification card holder, or registrant for each violation
for failure to notify the bureau within 30 days of any change of
residence or business address.
SEC. 48. Article 15 (commencing with Section 7599.80) is added to
Chapter 11.6 of Division 3 of the Business and Professions Code, to
read:
Article 15. Review
7599.80. 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, 2020.
